When to initiate judicial proceedings?There is reason to turn to court if the probability of winning is high and you can assume that in case of a positive decision the claims will also be satisfied. In the event of a win, the other party will bear the legal costs and the state fee paid by you. In addition, it might be reasonable to go to court even if the facts are not in black and white in your favor and there is not enough evidence. In this case, the aim could be to find a compromise, which is always better than no solution. It may also be justified to initiate legal proceedings to rule out an objection that the claim is expired.
For claims up to 6400 EUR, it is possible to initiate an expedited procedure for orders for payment.
This procedure is a simplified procedure through which a debtor can be obtained an enforcement order (payment order) which can be given for recovery to a bailiff who can seize debtor's bank accounts and sell the property through a compulsory auction. A state fee is 3%, but not less than 45 euros, the child's maintenance claim is free of state fee and the fee for preparing an application is 75 EUR.
In the case of an action, i.e the classic court proceeding, where the plaintiff files a claim against the defendant, for example in the case of a claim of 10 000 EUR a state fee is 550 EUR and the fee for preparing the application for an action is 350 EUR.
If the defendant does not perform the court judgment voluntarily, the enforcement proceedings should be initiated. The fee for preparing an enforcement application is 40 EUR.
If you have any further questions, please feel free to contact us!