Default summons and enforcement order
In short: A default summons (Mahnbescheid) is a court instrument for quickly collecting undisputed claims without a full court case. Anyone who does not react risks an enforcement order with far-reaching consequences.
In more detail: The court dunning procedure does not check whether the claim is actually justified, only formal requirements.
In detail
- Delivery: A default summons is delivered by post and should be taken seriously immediately.
- Objection period: Two weeks to file an informal objection if the claim is disputed.
- No reaction: Without an objection, an enforcement order follows, which has the effect of a final judgment.
- Objecting to the enforcement order: An objection is also still possible within two weeks against this.
- Consequences of inaction: Enforcement measures such as wage or account garnishment can follow (pfaendungsfreigrenze-und-lohnpfaendung).
- Justified claims: Even for justified claims, a payment instalment agreement with the creditor is often worthwhile.
- Advice: If uncertain whether a claim is justified, legal advice or a consumer advice centre can help.