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Procedure descriptions

Request an enforcement order

If your opponent has not paid his debts in the dunning procedure and has not lodged an objection against the dunning notice, you can apply for an enforcement order.

This also applies if your opponent has filed a partial objection against the order for payment. The objection filed will then be taken into account by the court issuing the order for payment.

The enforcement order forms the basis for any later enforcement proceedings.

Responsible department

the Stuttgart Local Court for the whole of Baden-Württemberg

Details

Prerequisite

  • The order for payment was served on your opponent.
  • Your opponent has not lodged an objection or has lodged a partial objection against the order for payment.
  • The debt has not yet been paid.

Procedure

You must apply for the enforcement order in writing. You will receive the necessary form together with the notification that the order for payment has been served on your opponent.

The competent office will check whether you have complied with the deadlines. If this is the case, it will serve the enforcement notice on your opponent. This informs the opponent that he or she can lodge an objection against the enforcement notice within two weeks.

Deadlines

You can file your application at the earliest two weeks after the order for payment has been served on your opponent.

It must be received by the competent office no later than six months after service of the order for payment.

Required documents

None

Costs

if your opponent has not paid his debt after the order for payment has been issued: none

Miscellaneous

Tip: Keep the enforcement order. It is not the dunning court that is responsible for enforcement, but the enforcement court. It needs the original of the enforcement order for all actions. A copy is not sufficient.

Legal basis

Zivilprozessordnung (ZPO)

  • § 699 Vollstreckungsbescheid

Release note

machine generated, based on the German release by: Justizministerium Baden-Württemberg, 02.09.2024