Enforcement notice

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Table of contents:
  1. What is an enforcement notice?
  2. How much does an enforcement notice cost?
  3. Who bears the costs of the enforcement notice?
  4. How long does an enforcement notice take?
  5. What happens if the debtor objects to the enforcement notice?

What is an enforcement notice?

An enforcement notice is a legally enforceable document that allows a creditor to initiate compulsory enforcement measures against a debtor. Without this enforceable title, creditors cannot request asset seizures or issue enforcement orders.

It is requested after the objection period for the dunning notice has expired and ensures the creditor can recover their claims through legal means.

Requirements for an enforcement notice

  • The enforcement notice can only be requested if the debtor has not objected to the previously delivered dunning notice within the legal two-week objection period.

  • This period begins once the dunning notice is delivered.

Application process

  • After the objection period expires, the creditor submits an application for the enforcement notice to the district court. This can be done in writing or electronically.

  • The court reviews the application for formal accuracy and completeness.

Issuance and delivery

  • The district court issues the enforcement notice and arranges for its delivery to the debtor.

  • The debtor then has another two weeks to file an objection to the enforcement notice.

  • If the debtor does not object within the two-week period, the enforcement notice becomes legally binding and enforceable.

  • The creditor now holds an enforceable title, enabling various compulsory enforcement measures against the debtor.

How much does an enforcement notice cost?

The costs for an enforcement notice are primarily based on a 0.5 fee according to the German Attorneys' Fees Act (RVG), determined by the claim’s value. These fees must initially be advanced by the creditor.

Additional costs:

  • Attorney fees:
    These vary depending on the effort and claim value. A simple enforcement notice typically incurs lower legal fees than a complex case.

  • Costs for enforcement measures:
    If enforcement actions are necessary, additional expenses, such as court bailiff fees, may arise. These costs are also charged to the debtor.

  • Collection agency fees:
    If a collection agency is involved, it usually advances the costs, including:

    • Collection fees: Fees for the agency's services, calculated based on the claim's value and complexity.

    • Court and attorney fees: These are pre-paid by the agency and included in the claim amount to be recovered from the debtor.

Who bears the costs of the enforcement notice?

  • The debtor: If the debtor pays the claim, they are responsible for covering all incurred fees and costs, which are added to the enforcement notice alongside the principal amount and interest.

  • The creditor: No additional court fees are required for the enforcement notice, as these are included in the dunning notice costs. Attorney fees are charged to the debtor, so the creditor is not required to prepay these costs.

How long does an enforcement notice take?

The duration of the process depends on several factors. The typical timeline includes:

  1. Filing the application (1–2 days):
    Once the objection period for the dunning notice has expired, the creditor submits the application for the enforcement notice, either online or in writing.

  2. Court review (a few days to 2 weeks):
    The court reviews the application and issues the enforcement notice within a few days to two weeks, depending on its workload.

  3. Delivery of the enforcement notice (a few days to 2 weeks):
    The notice is delivered to the debtor via post or a court bailiff, taking anywhere from a few days to two weeks, depending on the debtor’s accessibility.

  4. Objection period (2 weeks):
    The debtor has two weeks after delivery to object. This period is legally fixed and cannot be shortened.

Total duration (4–6 weeks):

From filing the application to the expiration of the objection period, the process typically takes 4 to 6 weeks, barring exceptional delays.

Factors influencing the duration:

  • Court workload: High case volumes may delay processing.

  • Debtor accessibility: Delivery difficulties can extend timelines.

  • Incomplete applications: Errors or missing information require corrections, adding time.

What happens if the debtor objects to the enforcement notice?

If the debtor objects, the dunning process automatically ends, transitioning into contentious proceedings. An objection signals that the debtor disputes the claim.

Next steps:

  1. Automatic transition to litigation:
    Once the objection is filed, the case moves directly to court. The court examines the claim's validity, allowing both creditor and debtor to present evidence and arguments.

  2. Litigation:

    • The judge reviews the evidence and arguments provided by both sides.

    • The creditor must substantiate their claim.

    • If the creditor wins, the court issues a binding judgment enabling enforcement measures. If the creditor loses, the claim is dismissed.

Important for creditors

  • An objection does not invalidate the claim but increases the effort and costs required to pursue it.

  • Creditor preparedness is essential for contentious proceedings.

  • Weighing the costs and likelihood of success is crucial before proceeding to court.