As of: March 31, 2024, 5:23 a.m
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If you receive a yellow letter from the local court, you need to take action. You should respond to an enforcement notice within two weeks.
In the hectic pace of everyday life, it can sometimes happen that a bill is forgotten to pay. The amount due should be transferred at the latest with the first payment reminder or reminder. Otherwise, the creditor submits an application to the local court for a payment order to be issued. If this is not responded to either, the enforcement notice comes into play.
When is an enforcement order issued?
As soon as you receive the reminder notice, a two-week period begins. An objection can be lodged against the court letter if it is an unjustified claim. However, if the reminder notice is ignored within the imposed deadline, the creditor can apply for an enforcement order to be issued. He has six months to do this from the day on which the reminder notice was served.
An enforcement order is a legal document that proves the creditor's claim to performance against the debtor. This gives the creditor the means to foreclose on you. According to
anwalt.de,
measures include
seizures or the provision of asset information to a bailiff.
You should always take letters from the court seriously. © Björn Trotsky/IMAGO
The prerequisite is always that the district court previously issued a reminder to which no response was made in a timely manner. The dunning procedure and the enforcement notice are legally regulated in Sections 688 – 703d of the Code of Civil Procedure (ZPO). The enforcement notice is served by post or by the bailiff. The date of delivery is always noted on the yellow envelope.
How do I respond to an enforcement notice?
According to the lawyer portal
advocado.de
, the court does not check the payment claim before the dunning procedure is initiated. It can therefore happen that reminders or enforcement notices are incorrect or unjustified. This makes it all the more important that you examine the letter in detail. If the claim is justified, it is best to pay the amount as quickly as possible.
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If not, you have two weeks from delivery to lodge an objection with the court. Otherwise, the enforcement notice becomes legally binding. It is valid for at least 30 years. Within this period, the creditor can exercise compulsory enforcement and assert his claims.
The objection must be written yourself - a form is not included with the court letter. Attention: This is your last chance to take action against the enforcement notice! Otherwise, you have missed your chance to defend yourself - even if the demand is not justified. With the effective enforcement order, the creditor receives an enforceable title that allows him to collect money. He has the right to seize bank accounts or valuables.
Important: Always open legal mail
For the creditor, the legal process with a reminder and enforcement notice is relatively simple and inexpensive. The
consumer advice center
writes about this on its website: “Dunting and enforcement notices are often requested especially when the applicants expect that their debtors will not defend themselves. They get away with it especially with people who don’t find their way well in the jungle of bureaucracy.”
The creditor party benefits in particular from consumers who do not react in a timely manner and ignore reminders. This makes it all the more important to check legal letters carefully. Simply throwing away the mail doesn't solve the problem, it just makes it worse.
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What happens if there is an objection to the enforcement order?
If you object to the enforcement order, legal proceedings are initiated. However, the objection does not protect against compulsory enforcement. If appropriate measures have already been initiated, you can submit an application for a temporary stop to enforcement. This letter is enclosed with the enforcement notice.
The creditor must provide written justification of the claim. This states why you have to pay the amount in question. The creditor party must provide evidence for this. The claim is ultimately negotiated in court. The responsible court decides whether payment must be made or not or in what amount.
The court and legal fees incurred as a result of the legal proceedings are paid by the creditor or debtor, depending on the outcome. Administrative and court costs are incurred just for applying for the enforcement notice. The creditor has to pay this in advance, but will get it back if the enforcement order is successful.