Objection to Payment Order
An objection to a payment order is a formal letter addressed to the competent district court to contest a payment order. The objection must be filed within a certain period after receiving the payment order to obtain a judicial review of the claim. In German, this document is called "Einspruch gegen Mahnbescheid".
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Einspruch gegen Mahnbescheid
A payment order is a legal means to assert a claim without a court proceeding. If you believe the claim is unjustified, you can file an objection to request a judicial review.
When should you file an objection?
An objection should be filed if you believe the claim is unjustified or if there are uncertainties regarding the amount of the claim. The objection must be filed within two weeks of the delivery of the payment order.
Legal Basis
The legal basis for objecting to a payment order can be found in the German Civil Code (BGB) and the Code of Civil Procedure (ZPO). In particular, sections § 688 ff. ZPO are relevant.
Required Information
- Full name and address of the debtor
- File number of the payment order
- Reason for the objection
- Signature of the debtor
A well-founded objection can lead to a judicial review of the claim, giving you the opportunity to present your perspective.
FAQ
A payment order is a court document asserting a claim without a court proceeding having taken place.
You have two weeks to file an objection after the delivery of the payment order.
- Full name and address
- File number of the payment order
- Reason for the objection
Yes, you can file the objection yourself, but it is recommended to seek legal advice.