A Mahnbescheid is a German court payment order. You usually have two weeks from service to lodge an objection (Widerspruch), or one month if the order was served in another EU member state. The court has not checked whether the creditor is actually entitled to the claim (Section 692(1) no. 2 ZPO), and without an objection you risk an enforcement order (Vollstreckungsbescheid) and enforcement. We file the objection and defend you in court, with advice in English.
How long do you have to object (Widerspruch)?
The period runs from the day of service, not from the date printed on the document. Follow the deadline stated in the instructions in your order and keep the envelope.
A Mahnbescheid arrives on an official form, in German and with a short deadline. These four steps are worth taking on the day of service.
When the order is served by being placed in your letterbox in Germany, the person serving it writes the date of service on the envelope (Section 180 sentence 3 ZPO). The deadline runs from that date. Take a photo of the envelope and of every page of the order.
Check the date of service and the deadline in the instructions in the order: two weeks, or one month if it was served in another EU member state. Do not wait until the last few days, because the objection must reach the court in time.
Without an objection, the creditor can apply for an enforcement order once the period has expired (Section 699(1) ZPO). That order has the same effect as a default judgment declared provisionally enforceable (Section 700(1) ZPO).
The order states that the court has not checked whether the creditor is entitled to the claim (Section 692(1) no. 2 ZPO). Before you pay, it is worth checking whether the debt concerns you and whether the amount, the interest and the collection agency (Inkasso) costs are justified.
The objection is only the beginning. After it, the case may go to ordinary court proceedings, and once an enforcement order has been issued every day counts. We handle your case at each of these stages.
Whether the debt concerns you, which contract it arises from and whether the principal, the interest and the costs, including collection agency costs, are correct. The court did not examine this (Section 692(1) no. 2 ZPO), so we carry out this check before deciding on the objection.
The standard limitation period is three years (Section 195 BGB). As a rule, it starts at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and of the debtor, or would have become aware of them without gross negligence (Section 199(1) BGB). Once the claim is time-barred, you can refuse to pay (Section 214(1) BGB).
The objection can cover the whole claim or only part of it, for example the interest and costs (Section 694(1) ZPO). We assess which option makes sense for you and file the objection with the court that issued the order.
After the objection, the case goes to the court named in the order if one of the parties applies for contentious proceedings (Section 696(1) ZPO). The court then asks the creditor to substantiate the claim within two weeks in the form of a statement of claim (Section 697(1) ZPO). We respond in German and represent you in court.
Against an enforcement order (Vollstreckungsbescheid) you can lodge an objection (Einspruch) within two weeks of service, or within one month if it had to be served abroad (Section 700(1) in conjunction with Section 339(1) and (2) ZPO). After the Einspruch, the case is transferred of the court’s own motion to the court named in the payment order (Section 700(3) ZPO).
The Einspruch alone does not stop enforcement. You can apply for enforcement to be suspended temporarily (Section 719(1) in conjunction with Section 707 ZPO). The court may suspend enforcement of an enforcement order only against security, unless the order was not issued in the manner prescribed by law or you credibly show that your failure to act was not your fault (Section 719(1) sentence 2 in conjunction with Section 700(1) ZPO).
The deadline and the risk depend on where the order was served and what the claim concerns. These are typical situations.
The order was delivered to your letterbox in Germany, so you have two weeks to object. It may concern, for example, a phone contract, an online purchase, rent or a claim that the creditor has passed on to a collection agency. We check whether the debt is yours and whether the added costs are justified.
If the order was served in another EU member state, the objection period is one month (Section 32(1) and (3) AVAG). An enforcement order that is enforceable in Germany is enforceable in the other EU member states without any declaration of enforceability being required (Article 2(a) and Article 39 of Regulation (EU) No 1215/2012). Staying silent therefore does not protect you from enforcement outside Germany.
A payment order is often a German business partner’s response to a dispute over an invoice, defective work or deductions. After the objection, we defend the company in proceedings before the Amtsgericht or the Landgericht and also assess its own claims against the business partner.
If you received a statement of claim (Klage) or another letter from a German court instead of a Mahnbescheid, you can use the form below for such cases as well.
The form on this page does not accept attachments. You can send scans or legible photos by e-mail in reply to our message or straight to info@bwlaw.de, with your name in the subject line.
Including the instructions and the enclosed form. The order shows who the creditor is, what is being claimed and which court the case goes to after an objection.
A photo of both sides of the envelope. It helps to establish the day of service, from which the deadline runs.
The contract, the order confirmation, the invoices or bills to which the claim relates.
Payment reminders (Mahnung), letters from the collection agency, e-mails, complaints and your replies.
Bank transfers and payments, including partial ones, and any instalment arrangements.
If you already have them: the enforcement order, letters from the court bailiff (Gerichtsvollzieher) or from your bank about an account garnishment.
The cost depends on the amount of the order and on whether court proceedings follow the objection. That is why we first check the order and then quote a price.
After reviewing the order and the documents, we tell you the cost of our work on the objection and in any subsequent court proceedings. You decide whether to instruct us knowing the amount.
Statutory fees are calculated under the RVG on the basis of the amount in dispute. In many cases a fee agreed in advance is also possible. We agree on the billing method before you instruct us.
If court proceedings follow the objection, the losing party bears the costs, including the necessary costs of the other side’s legal representation (Section 91(1) ZPO). That is why we assess whether an objection in full, in part or a settlement makes sense for you.
If you have legal expenses insurance (Rechtsschutzversicherung) or a business policy, we check the scope of cover and apply to the insurer for the costs to be covered.
After reviewing the order, you receive information on the deadline, on the cost risk and a specific fee proposal. You make your decision knowing the costs.
Dr. Artur Barczewski and Dr. Karolina Wróblewska are registered as radca prawny with the Regional Chamber of Legal Advisers in Poznań (Okręgowa Izba Radców Prawnych w Poznaniu) and, in Germany, are entered in the list of niedergelassene europäische Rechtsanwälte kept by the Rechtsanwaltskammer des Landes Brandenburg. The firm is based in Frankfurt (Oder), and we handle cases before courts across Germany.
He defends companies and private individuals against claims in Germany: objections to payment orders and enforcement orders, payment proceedings before the Amtsgericht and the Landgericht, and applications to suspend enforcement. Doctor of laws of the European University Viadrina in Frankfurt (Oder). He works with clients in English, German and Polish, and with courts and the opposing side in German.
View profile →The order calls on you to pay or to lodge an objection within two weeks of service (Section 692(1) no. 3 ZPO). If the order was served in another EU member state, the period is one month (Section 32(1) and (3) AVAG). Follow the deadline stated in the instructions in your order and send us the details right away, not in the last few days.
Once the period has expired, the creditor can apply for an enforcement order (Vollstreckungsbescheid, Section 699(1) ZPO). The enforcement order has the same effect as a default judgment declared provisionally enforceable (Section 700(1) ZPO). The creditor can therefore enforce it, also in other EU member states, without any declaration of enforceability being required (Article 2(a) and Article 39 of Regulation (EU) No 1215/2012).
An objection is admissible as long as the court has not issued the enforcement order. A late objection, lodged after the enforcement order has been issued, is treated by the court as an objection against the enforcement order (Einspruch, Section 694(1) and (2) ZPO). You do not know when the court will issue the enforcement order, so act on the same day.
You can lodge an objection against the enforcement order (Einspruch) within two weeks of service, or within one month if it had to be served abroad (Section 700(1) in conjunction with Section 339(1) and (2) ZPO). The Einspruch alone does not stop enforcement. Together with it, you can apply for enforcement to be suspended temporarily (Section 719(1) in conjunction with Section 707 ZPO).
If you missed the deadline through no fault of your own, you can apply for reinstatement (Wiedereinsetzung, Section 233 ZPO). Absence of fault is presumed if the instructions on the available legal remedy were missing or incorrect. The application must be filed within two weeks of the day on which the obstacle ceased to exist (Section 234(1) and (2) ZPO), so send us the documents right away.
The addressee may refuse to accept a document that is not written in, or accompanied by a translation into, a language the addressee understands or the official language of the place of service. The refusal is made at the time of service or in writing within two weeks (Article 12(1) and (3) of Regulation (EU) 2020/1784). If you understand German, for example because you concluded the contract in German, the refusal may turn out to be ineffective. Do not base your defence on it and keep track of the objection deadline.
Not necessarily. The order states that the court has not checked whether the creditor is entitled to the claim (Section 692(1) no. 2 ZPO). If the debt is disputed, inflated or time-barred, the objection can be lodged against the whole claim or part of it (Section 694(1) ZPO). If the claim is justified, we check before payment whether the amount, the interest and the costs are correct.
That depends on the amount of the order and on whether court proceedings follow the objection. Statutory fees are calculated under the RVG on the basis of the amount in dispute, and a fee agreed in advance is also possible. We tell you the cost before you instruct us, after reviewing the order and the documents.
We are based in the centre of Frankfurt (Oder), about 1.4 km from the border bridge to Słubice, Poland (around 20 minutes on foot, 6 minutes by car). You can meet us at the office or talk to us online or by phone, in English, German or Polish.
Tell us what you received, when and where it was served and the amount stated in it. In the description, say who the creditor is and whether you agree with the claim. You can send scans of the order and the envelope by e-mail. You will know the cost before you instruct us.
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