The judicial dunning procedure often gives the creditor his money quicker than a lawsuit. In doing so, he obtains an order for payment from the responsible local court against the debtor. The order for payment requests the debtor to pay the amount owed plus interest and costs within the specified period or to raise an objection.
How is the order for payment requested? The applicant fills out the “Application for the issuance of a payment order” (form available in stationery shops) and sends it to the competent court. The court in whose district the applicant has his place of business or residence (§ 688 ff. ZPU) is responsible.
The automated dunning procedure has largely been in place since 1992. A central dunning court is often responsible here, which summarizes the dunning procedures for several judicial districts and processes them via a central computer (EDP).
The automated dunning procedure offers the possibility of encrypting the information provided by the applicant in code, which is assigned by the dunning court. For all conceivable requirements, catalog numbers are also listed on the form, which must be entered accordingly in the application. An application for enforcement cannot be made using this form.
Should it become necessary to issue an enforcement order, the dunning court sends the creditor a prepared application for this. Any court costs incurred are only to be paid after the payment order has been issued (an invoice will be sent).
When is a dunning notice requested?
- if the buyer maliciously fails to pay
- if there is a risk that the claim will expire (see section 3.8.3)
- when there is a risk that he will soon no longer be able to pay at all
How does the debtor behave when a payment order is received?
- he only pays to the creditor
- he raises an objection within two weeks
- he does nothing
In the event of an objection, the applicant (creditor) will be notified by the local court. He can now submit an application for an oral hearing to the court responsible for the litigation (district court or regional court). This is the court at which the defendant (debtor) has his general place of jurisdiction. If no application is made, nothing happens.
If the respondent does nothing, the applicant can apply to the local court for the enforcement order to be issued within 6 months after the objection period has expired. If this period is ineffective from the reminder notice. run, the dunning notice becomes ineffective.
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