Beantragung eines Mahnbescheids
Inhalt
Begriffe im Kontext
- Rechte und Pflichten aufgrund des Vertragsrechts, einschließlich Verzugszinsen
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If someone owes you money and is in arrears with payment, you can apply for an order for payment to initiate an order for payment procedure.
You have a pecuniary claim against a person who has not paid it and is in arrears with payment. In order to enforce this claim in court, the dunning procedure offers you a simple and fast way. An often lengthy and expensive dispute procedure in court can thus be avoided. In addition, you can always carry out the dunning procedure without the help of a lawyer.
The aim of the order for payment procedure is to issue an enforcement order, which can serve as a basis for enforcement measures (for example, commissioning bailiffs).
- You must have a claim against a person for payment of a sum of money.
- The debtor of the monetary claim must be in default of payment.
Minimum fee 36 EUR, no upper limit, fee depends on the amount in dispute (= amount of the monetary claim).
Advance payment:
Method of payment: upon receipt of invoice
If applicable, additionally: bank transfer or credit card payment after receipt of invoice via ePayment platform
If applicable, additionally: (direct debit authorization)
Cash register number: no general cash register number; in the case of payment, the individual cash register number must be indicated, which appears on each cost account.
The order for payment procedure is initiated by submitting an application for an order for payment. Payment orders can be requested in writing or online.
If you want to apply for the order for payment in writing:
- Purchase a paper form from the office supply trade and fill out the application in compliance with the instructions attached and send it by post to the dunning court or
- Use the application www.online-mahnantrag.de to create a barcode reminder request, which must then be printed, signed and sent by post to the dunning court.
- The application is processed by machine at the dunning court.
- The court for payment examines the content of the application.
- You will receive a complaint if errors or inaccuracies are found in the application.
- The complaint is accompanied by a reply, which you fill out and return to the dunning court.
- If all complaints have been resolved, the order for payment is issued and sent to the debtor by post .dem order.
If you want to apply for the order for payment online:
- Create the application using the interactive application form in the application www.online-Mahnantrag.de.
- Then submit the application data electronically via the application to the competent dunning court.
- The remaining steps of the procedure correspond to the written procedure.
An immediate appeal shall be lodged against the rejection of the application for payment if the application has been submitted in a machine-readable form only and has been rejected on the ground that this form does not appear to the court to be suitable for its automatic processing. In all other respects, the rejection of the request for payment is not contestable
- Order for payment
- Application initiates order for payment procedure
- On the basis of the application, an order for payment is issued and served on the debtor by post.dem
- Subsequently, an enforcement order can be applied for, which can serve as a basis for enforcement measures (for example, commissioning bailiffs)
- Order for payment procedure replaces contentious court proceedings and is also cheaper, faster and easier
- Dunning procedure only possible if a monetary claim is to be asserted
- Compulsory form when submitting an application:
- Either submission of a paper form, which is available in office supplies or
- Submission of a barcode application that can be generated via www.online-mahnantrag.de, or
- Electronic application via www.online-mahnantrag.de
- Processing is automated and automated at the court
- Responsible: central dunning courts of the federal states (in Hesse: Amtsgericht Hünfeld)
Forms available: Yes
Written form required: Yes
Informal application possible: No
Personal appearance required: No
Online services available: Yes