Dunning notice

Last Update:
Related Topics:
  1. Häufige Fragen zum gerichtlichen Mahnverfahren
  2. Gebühren im gerichtlichen Mahnverfahren
  3. Mahnbescheid
  4. Vollstreckungsbescheid
  5. Zwangsvollstreckung
  6. Klageverfahren
  7. Insolvenzanmeldung
  8. Langzeitüberwachung
Table of contents:
  1. How can I apply for a dunning notice?
  2. What is the electronic dunning process?
  3. Which district court is responsible for a dunning notice?
  4. What happens if the dunning notice cannot be delivered?
  5. What happens if the debtor objects to the dunning notice?
  6. How long does a dunning process take?
  7. When is applying for a dunning notice a good idea?

How can I apply for a dunning notice?

1. Preparation

Before applying for a dunning notice, all necessary information and documents must be prepared. This includes:

  • The full identification of both creditor and debtor.

  • The claim amount, including interest and reminder fees.

  • The reason for the claim, detailing each invoice with the date, receipt number, and amount, to ensure correct interest calculation.

2. Submitting the application

A dunning notice application can be submitted either in writing or online.

  • Written application: Use a special form available from the district court or online. This form must be completed accurately, including information about the creditor, debtor, claim, and the reason for the claim. Submit the completed form to the competent court. Court fees, varying by the claim amount, apply.

  • Online application: Alternatively, apply online via official portals such as the German judiciary’s online dunning procedure. The creditor must register on the platform and create an account. The form can be filled out and submitted electronically, and court fees can also be paid online.

3. Delivery of the dunning notice

The court reviews the application for completeness and correctness. Once approved, the notice is issued and delivered to the debtor, who then has two weeks to either pay or object.

4. Objection period

The debtor has 14 days from the date of delivery to file an objection. If no objection is raised, the creditor may apply for an enforcement notice.

5. Applying for an enforcement notice

If the debtor does not object, the creditor can apply to the court for an enforcement notice, enabling compulsory enforcement actions.

What is the electronic dunning process?

The electronic dunning process is a digital method allowing creditors to apply for and manage dunning notices online through judicial portals.

Process overview:

  1. Registration and login:
    Creditors must register on the relevant platform, typically through state judiciary websites, and create an account.

  2. Online form completion:
    The electronic form requires the same information as the written application, including details about the creditor, debtor, claim amount (including interest and fees), and claim reason.

  3. Electronic submission:
    The completed form is electronically submitted to the competent court via a standardized data format.

  4. Payment of fees:
    Court fees can be paid online.

  5. Review and delivery:
    The court reviews the application and delivers the dunning notice to the debtor. The debtor has two weeks to object.

  6. Further proceedings:
    If no objection is raised, the creditor can also apply for an enforcement notice online. The digital process streamlines the entire procedure, saving time and effort.

Which district court is responsible for a dunning notice?

The responsible district court depends on the creditor’s place of residence or business. In Germany, specific courts, known as central dunning courts, handle these applications.

How to find the competent court:

  • Debtor’s residence: Usually, the creditor’s local court is responsible.

  • Central dunning courts: In some states, centralized courts handle all dunning procedures. Examples include:

    • Amtsgericht Wedding for Berlin.

    • Amtsgericht Hagen for North Rhine-Westphalia.

    • Amtsgericht Coburg for Bavaria.

Tip: Use websites like mahngerichte.de or contact the local court directly to determine the correct jurisdiction.

What happens if the dunning notice cannot be delivered?

If the notice cannot be delivered, further measures are necessary:

1. Notification from the court

The court informs the creditor about the failed delivery. Possible reasons include an incorrect address, the debtor moving without notification, or intentional evasion.

2. Address verification

The creditor should update the debtor's address using these methods:

  • Resident registry inquiry: A request to the local registry can provide current address details.

  • Credit agencies: Organizations like Schufa or Bürgel can assist with address and credit checks.

  • Private investigators: Useful for locating debtors actively evading notice delivery.

  • Trade registry or website: For businesses, check the trade registry or website for updated information.

3. Reapplication for delivery

Once the correct address is identified, the creditor can request a new delivery attempt from the court.

4. Public delivery

If the debtor’s address remains unknown, the creditor may request public delivery. This involves posting the notice at the court or publishing it in an official gazette. This option is rarely used and legally fragile.

5. Evaluate alternatives

If repeated delivery attempts fail, consider other legal steps to recover the claim.

What happens if the debtor objects to the dunning notice?

An objection halts the dunning process. This signifies that the debtor does not acknowledge the claim. The objection must be submitted in writing within 14 days of delivery.

Next steps after an objection:

  • Pause in proceedings: The court does not assess the claim's validity but informs the creditor of the objection.

  • Creditor’s decision:

    • Abandon further action: The creditor may choose not to proceed, leaving the claim unresolved but retaining the right to file a lawsuit later.

    • File a lawsuit: The creditor can escalate to litigation, transitioning the case into formal court proceedings.

Litigation process:

During litigation, the court examines evidence and arguments from both parties. A judgment in favor of the creditor results in an enforceable title, enabling compulsory enforcement.

How long does a dunning process take?

The duration depends on various factors but typically lasts 4–8 weeks:

  1. Application submission (1–2 days): Completing and submitting the application, either online or in writing.

  2. Court review (a few days to 2 weeks): The court checks the application’s accuracy and completeness.

  3. Delivery (a few days to 2 weeks): Notice delivery to the debtor.

  4. Objection period (2 weeks): The debtor has 14 days to object.

  5. Enforcement notice application (a few days to 2 weeks): If no objection is raised, the creditor applies for an enforcement notice.

  6. Delivery of enforcement notice (a few days to 2 weeks): Delivery of the enforcement notice to the debtor.

Factors affecting the duration:

  • Court workload

  • Debtor’s accessibility

  • Errors or incomplete applications

When is applying for a dunning notice a good idea?

Dunning notices are most effective for undisputed claims. They offer a fast, cost-effective way to secure claims legally within 4–8 weeks.

Ideal scenarios:

  • Undisputed claims: When the debtor acknowledges the claim but hasn’t paid.

  • Speed: Faster than litigation, which can take months or even years.

  • Lower costs: Significantly cheaper than full litigation.

For disputed claims or cases requiring comprehensive legal review, litigation is more suitable despite its longer timeframe and higher costs.