§ 4 Der Zivilprozess / III. Endfassung

General Information on Civil Proceedings

Dear Mr. Barnes,

Thank you for your questions. We are pleased to provide the following answers:

1 When can you take somebody to court?

The other party must be in default. You should write a letter, demand payment and set a deadline. If there is no response, you can go to court. Default also arises when an invoice is not paid within 30 days of receipt.

2 What are the steps in the course of a trial and how long does it take?

You must file your claim with a competent court and pay the court fees in advance. Your claim will then be sent to the defendant. The defendant can then reply. For example, they can accept or contest. There will be a hearing where we can reach a settlement, or ask the court to hand down a decision. The court may schedule an evidentiary hearing. It is not possible to say how long the whole procedure will take. It is fast when the defendant accepts or does not contest. Then, we will not have to meet them at court, and you get your money in two to three months. If there are one or more hearings, it will take much longer.

3 How much does it cost and who has to pay?

Costs depend on the value of the case or the amount in dispute. If you win, the other party must pay court fees, their lawyer, and us. If you lose, you will pay. And if you partly win, you will pay a share.

4 Will you get interest and can you appeal?

You can recover interest that you incurred. Or you can demand default interest, which depends on the base rate published by the National Bank. We can appeal the judgment if we do not like it.

5 Is there a fast track?

When you demand money, you can get a payment order from the court. This is called “Mahnbescheid”. This is very fast, but it is only useful ...