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Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)
Only claims for the payment of a specific sum of money in euros can be asserted in dunning proceedings.
If, for example, you want to enforce the delivery of goods or the eviction of living space in court, the dunning procedure is not permitted.
The special feature of the dunning procedure is that the court does not check whether the creditor is actually entitled to the claim asserted. Anyone who receives a payment order must therefore check for themselves whether they owe the creditor the sum of money stated therein.
Upon your proper application, the dunning court will issue a default summons, which will be served on the defendant ex officio. If your defendant lodges an objection, the proceedings will be transferred to the trial court responsible for the legal dispute if you or the defendant apply for contentious proceedings to be conducted. The claim will then be decided by way of contentious civil proceedings.
If the defendant does not file an objection to the order for payment within the two-week objection period, you can apply to the dunning court for an enforcement order. If the defendant files an objection against the enforcement order, the legal dispute will be transferred ex officio to the competent trial court. Otherwise, the enforcement order becomes legally binding upon expiry of the two-week objection period. You can enforce the enforcement order against the defendant.
Who should I contact?
- To the Schleswig Local Court as the central court for reminders if you have your place of residence or business in Schleswig-Holstein.
- To the competent labor court in the case of labor law disputes.
What are the fees?
Court costs are charged for the dunning procedure, the amount of which depends on the amount of the claim asserted. Please contact the relevant office in this regard.
§§ Sections 688 - 703d of the Code of Civil Procedure (ZPO)
Applications / forms
Application forms can be found on the website of the Flensburg Regional Court.
The text was automatically translated based on the German content.