📬 Payment order and enforcement order
In brief
A payment order (Mahnbescheid) is a letter from the Amtsgericht (local court), in a yellow envelope. It says: someone claims you owe money. The court does not check the claim.
You have two weeks from service to tell the court whether you object. If you do nothing, the creditor can apply for an enforcement order (Vollstreckungsbescheid). You then have another two weeks to file an appeal (Einspruch).
Only pay if the claim is justified. If in doubt, get advice.
Step by step
- Note the date of serviceThe deadline starts with service of the document, not with the date on the letter.
- Check the claimAre the amount, creditor, invoice basis and additional costs correct?
- File an objection if necessaryUse the enclosed form, in full or in part.
- Use adviceDebt or consumer counselling can clarify whether an objection makes sense.
Deadlines
- Without objection and appeal, the enforcement order becomes an enforceable title; after that, garnishment is possible.
- Claims established with final effect and enforceable titles only become time-barred after 30 years (§ 197 Abs. 1 Nr. 3–6 BGB).
- In the payment order procedure the court does not check whether the claim is justified.
- The appeal period is a peremptory period; a missed deadline can hardly be remedied afterwards.
In depth · legal basis, figures and practice – for advisers and professionals
Objection
The payment order contains a request to tell the court, within two weeks of service, whether and to what extent the claim is contested (§ 692 Abs. 1 Nr. 3 ZPO).
Appeal (Einspruch)
Under § 339 Abs. 1 ZPO the appeal period is two weeks, is a peremptory period and starts with service. The enforcement order is equivalent to a default judgment declared provisionally enforceable (§ 700 Abs. 1 ZPO); the same appeal period therefore applies.
Consequences
An enforcement order permits compulsory enforcement. Claims backed by a title become time-barred after 30 years (§ 197 Abs. 1 Nr. 3–6 BGB).
A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.