Litigation & Court Representation

§Enforcing claims: the court payment order procedure

For undisputed money claims, the court payment order procedure (Mahnverfahren) is quick, inexpensive and possible without a lawyer.

The procedure does not examine the merits of the claim; it produces an enforceable title if the debtor does not object. The application is filed online (www.online-mahnantrag.de). An enforcement order (Vollstreckungsbescheid) can be applied for even if the debtor has made part payments, which only reduce the balance.

A debtor who raises no objection to the claim but keeps giving new reasons why payment is impossible right now is playing for time.

• Do not suspend the procedure because of mere promises to pay.
• Do not agree to long-term instalments before the enforcement order has been issued.
• Once you hold the title, a written settlement on instalments can be concluded, with a default clause: if a single instalment is missed, enforcement starts immediately.

§Bringing a lawsuit or being sued

A German civil court does not investigate the facts itself: what is not put forward in time does not count.

Every civil case begins with a statement of claim that must meet the strict formal requirements of the Code of Civil Procedure (ZPO). If you are served with a claim, check at once which procedure the court has chosen and which deadlines are running. Anyone who fails to respond or to appear risks a default judgment (Versäumnisurteil). You only learn officially that you are being sued when the claim is served; calling the court rarely helps.

Since 1 January 2026 the local courts (Amtsgericht) hear disputes up to €10,000 (previously €5,000). Representation by a lawyer is not mandatory there; before the regional court (Landgericht), i.e. above €10,000, it is. Suing on your own saves costs but increases the risk of mistakes.

• Court fees depend on the amount in dispute and are paid in advance. Example: for a claim of €5,385 they amount to 3 × €182 = €546 at first instance.
• In addition to the main claim you can claim default interest (§ 288 BGB), pre-trial legal fees and reasonable reminder costs.
• A trap with businesses: if the defendant is named only by its trading name, the party is whoever owned the business when the claim was filed.
• From practice: a company from Bad Homburg dropped reminders into the letterbox of a flat where our client no longer lived and obtained an enforcement order. Years later we lodged an objection; the Frankfurt am Main court confirmed that service had been invalid and dismissed the claim (2025).

§Appealing a judgment

An appeal is only worthwhile with realistic prospects of success, and the deadlines are short.

On appeal the court reviews not only errors of law but also the first instance's findings of fact and assessment of evidence. It may be appropriate if the judgment contains serious legal or factual errors, important evidence was disregarded, or procedural errors affected the outcome.

• For an initial assessment, bring: the judgment with reasons and proof of service, the hearing transcript, all written submissions from both sides, court orders and decisions, as well as contracts, invoices, expert reports and witness statements.
• If documents are missing, access to the file can be requested from the court of first instance.

§International claims and foreign judgments

If the debtor lives in Germany, they can be sued here, even if the contract was written in Russian and Russian law was chosen.

A typical case: a lender in Russia or elsewhere gave an acquaintance in Germany a business loan at high interest, repayable after two or three years, and the borrower then refuses to pay. A clause assigning disputes to Russian courts does not remove the general jurisdiction at the defendant's domicile in Germany.

A Russian judgment only takes effect in Germany once a German court recognises it. Recognition can fail, for instance if the right to be heard was violated, if there are conflicting decisions, or if it breaches German public policy (ordre public). That is why proceedings are often brought directly in Germany, where enforcement is to take place. Within the EU, recognition and enforcement of judgments is much simpler; we also represent German companies against which a title was obtained in Spain, Poland, Latvia or Lithuania.