Dunning Procedure

The court dunning procedure (Mahnverfahren) is a simplified, largely form-based procedure for the quick enforcement of monetary claims. It is governed by §§ 688 et seq. of the German Code of Civil Procedure (ZPO); central dunning courts have nationwide jurisdiction and process applications exclusively in electronic form (e.g. via the online dunning portal).

The court reviews the application only for formal completeness, not for the substantive justification of the claim. Where the application is complete, the court issues a payment order (Mahnbescheid), against which the respondent may lodge an objection within two weeks. If no objection is filed, the creditor can apply for an enforcement order (Vollstreckungsbescheid) after the deadline, which then forms the basis for compulsory enforcement.

Economically, the dunning procedure is attractive: low fees, swift access to an enforceable title and interruption of the limitation period. Where an objection is to be expected or the facts are complex, however, a direct ordinary action is often the better choice, since after an objection the dunning procedure is transferred to ordinary contentious proceedings anyway.