Summary Proceedings (Mahnverfahren) constitute a form of proceedings of a simple and expeditious character by which the plaintiff demands the payment of a definite sum of money or a definite quantity of fungible things, i.e., things usually dealt with by number, measure or weight, or securities. The Amtsgericht has jurisdiction without regard to the value of the subject-matter involved. The use of this form of procedure is of practical value in cases where the plaintiff seeks to obtain speedily a title for collecting a debt.
The creditor may apply for a 'Conditional Order to Pay ' (Bedingter Zahlungsbefehl) instead of bringing an action. The application is made to the Amtsgericht which has jurisdiction in proceedings of this type without regard to the amount involved. The Zahlungsbefehl is issued without any requirement of further evidence on the part of the creditor, and if the debtor does not object to it within one week, the creditor may apply for converting the 'Order for Payment' into an 'Order for Execution' (Vollstreckungsbefehl). Such a Vollstreckungsbefehl has the same effect as a judgment in default of appearance, i.e., the creditor can obtain security for his claim, but cannot obtain actual satisfaction. The debtor may, within a period of two weeks, raise an objection (Einspruch), in which case the matter is decided by way of ordinary proceedings, in accordance with the value of the amount in dispute, either by the Amtsgericht or by the Landgericht to which, if necessary, the case may be transferred. The debtor, however, need not wait with raising objections until the Vollstreckungsbefehl has been issued. He can forthwith object to the issue of the Vollstreckungsbefehl. In...
SECTION XXIII - Summary Proceedings
|Author:||E. J. Cohn and G. Meyer|
To continue readingREQUEST YOUR TRIAL