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Application for a dunning notice

Gültigkeitsgebiet: Hessen

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Quick info

If someone owes you money and is in default of payment, you can apply for a payment order to initiate dunning proceedings.

Description

You have a monetary claim against a person who has not settled it and is in default of payment. To enforce this claim legally, the dunning procedure offers you a simple and fast way. An often lengthy and also expensive litigation process before a court can thus be avoided. In addition, you can always carry out the dunning procedure without the help of a lawyer.

The objective of the dunning procedure is the issuance of a default judgment, which can serve as the basis for enforcement measures (for example, commissioning a bailiff).

Procedure

The dunning procedure is initiated by submitting an application for the issuance of a payment order. Payment orders can be applied for in writing or online.

If you want to apply for the payment order in writing:

  • Purchase a paper form at a stationery store and fill out the application in accordance with the completion instructions attached there, and send it by mail to the dunning court or
  • Using the application www.online-mahnantrag.de, create a barcode dunning application, which must then be printed, signed, and sent by mail to the dunning court.
  • The application is processed automatically at the dunning court.
  • The dunning court examines the merits of the application.
  • You will receive a notice of objection if errors or inaccuracies are found in the application.
  • A reply form is attached to the notice of defect, which you should fill out and return to the dunning court.
  • Once all objections have been resolved, the default summons will be issued and served on the debtor by mail.

If you want to apply for the payment order online:

  • Create the application using the interactive application form in the application www.online-Mahnantrag.de.
  • Then electronically transmit the application data to the competent dunning court via the application.
  • The remaining procedural steps correspond to the written procedure.

Deadlines

There is no deadline.

Costs & Fees

Minimum fee 36 EUR, no upper limit, fee depends on the amount in dispute (= amount of the financial claim).

Advance payment

Payment method: upon receipt of invoice

If applicable additionally: Bank transfer or credit card payment after receipt of invoice via ePayment platform

If applicable, additionally: (Direct debit authorization)

Payment reference: no general payment reference; for payments, the individual payment reference found on each cost invoice must be stated.

Legal basis

Technical approval

Hessisches Ministerium der Justiz (HMdJ)

legal remedy

An immediate appeal against the rejection of the application for an order for payment shall lie if the application was submitted in a machine-readable form only and was rejected on the grounds that this form appeared unsuitable to the court for its automated processing. Otherwise, the rejection of the application for an order for payment shall not be subject to appeal.

Stichwörter

  • Reminder
  • Delay
  • Debtor
  • Creditor
  • Execution
  • Title
  • Promotion
  • Dunning notice
  • dunning procedure
  • enforcement order
  • Enforcement
  • Debts
  • Application for a dunning order