Opposition

What is an opposition in the judicial dunning process?

An opposition in the judicial dunning process is a legal means for the debtor to contest an enforcement notice. It prevents the process from continuing automatically and stops the immediate enforcement of the claim.

The enforcement notice is the second stage of the judicial dunning process. It is issued if the debtor has not previously filed an objection against the dunning notice. By filing an opposition, a debtor can transition the process into litigation. There, the validity of the claim is examined.

Key features of an opposition:

• It is directed against the enforcement notice, not against the dunning notice.

• It transitions the judicial dunning process into litigation.

When can an opposition to an enforcement notice be filed?

It can only be filed within a set deadline. Once the debtor receives the enforcement notice, they have exactly 14 days to submit the opposition. If this deadline is missed, the enforcement notice becomes legally binding and can be enforced.

Important points regarding the deadline:

• The opposition is only possible within two weeks after the enforcement notice has been served.

• The deadline begins on the day of service.

• Once the deadline has expired, the enforcement notice becomes legally binding and enforceable.

How can an opposition to an enforcement notice be filed?

An opposition against an enforcement notice must be submitted in writing. An informal declaration is sufficient as long as it is clear and contains all necessary details.

Possible submission methods:

• Using the official form: The enforcement notice usually includes a form that can be filled out, signed, and returned.

• By personal letter: Alternatively, the opposition can be submitted informally.

Required content for an informal opposition:

• Case reference number of the enforcement notice

• Name and address of the debtor

• Clear statement that an opposition to the enforcement notice is being filed

• Date and signature

Where can an opposition be filed?

It must be submitted to the court that issued the enforcement notice, not to the creditor. The address of the competent court is listed directly on the enforcement notice.

Possible submission methods:

• By mail: The signed form or a personal letter is sent by post to the competent court.

• By fax: The opposition can also be submitted by fax, provided the court accepts this method.

• Electronically: Some courts allow oppositions to be submitted via the electronic court and administration mailbox (EGVP) or other digital platforms.

It is important that all documents arrive at the court within the deadline. Submission by email is usually not sufficientand should be clarified with the court in advance.

What happens after an opposition is filed?

If an opposition against an enforcement notice is filed, the judicial dunning process is automatically transitioned into litigation.

Once the opposition is received by the court, the creditor is informed. Unlike an objection against a dunning notice, the creditor has no way to stop the process after an opposition—a judicial review of the claim will take place in any case.

In litigation, both parties must present their arguments and evidence. The debtor can explain why they believe the claim is unjustified, while the creditor must provide proof of their claim. The court then decides whether the claim is justified or not.

How do opposition and objection differ in the judicial dunning process?

The opposition and the objection are two different legal remedies within the judicial dunning process. Both allow the debtor to contest a claim but apply at different stages and have different consequences.

Opposition

An opposition is directed against an enforcement notice and automatically leads to litigation. Once the debtor files an opposition, the court examines the claim. The creditor can no longer stop the process independently—it must go to trial.

Objection

An objection can be filed against a dunning notice. It prevents the judicial dunning process from advancing to the next stage, meaning no enforcement notice is issued. After an objection, the creditor can decide whether to file a lawsuit or drop the case.

What does filing an opposition cost?

Initially, no court fees are charged, and no justification is required. However, if an opposition results in litigation, additional costs may arise.

Possible costs:

• Court fees: If the case proceeds to court, court costs apply.

• Attorney fees: Anyone who hires a lawyer must pay their legal fees.

• Interest and late fees: If the claim is upheld, additional costs such as interest or late fees may be incurred.

Attorney requirement based on the claim amount

Whether an attorney is required depends on the claim amount:

• Up to €5,000: No legal representation is required before the local court. Both parties can represent themselves.

• Above €5,000: Legal representation is mandatory before the regional court. Both sides must have legal representation.

If litigation follows, the court ultimately decides who must bear the costs. Generally, the losing party must pay both parties' court and attorney fees.

What happens if no opposition is filed?

If no opposition is filed within the two-week deadline, the enforcement notice becomes legally binding and enforceable. This means the creditor can now initiate enforcement proceedings to collect the debt.

Consequences of not filing an opposition:

• The enforcement notice becomes legally binding and can no longer be contested.

• The creditor receives an enforceable title, which allows them to take legal action to collect the debt.

• Possible enforcement measures include:

  • Wage garnishment

  • Bank account seizure

  • Seizure of assets by a bailiff

An enforcement notice remains valid for 30 years, meaning the creditor can still collect the debt at a later date.