Vollstreckungsbescheid
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Please compare every field with your order - above all the case number, the date and the amounts. We copy them exactly as they are printed there; correct anything that differs. What stands here is what will appear, word for word, in your letter to the court.
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A Vollstreckungsbescheid is answered with an Einspruch, not a Widerspruch. We will prepare the Einspruch for you. Note: the period here is two weeks from service as a rule, and it is a Notfrist (Sec. 339 (1) ZPO). After it has run an Einspruch is normally inadmissible; in exceptional cases reinstatement into the previous position may be possible (Sec. 233 ZPO).
An Einspruch does not stop enforcement by itself. The Vollstreckungsbescheid is provisionally enforceable; a stay needs a separate application (Secs. 719, 707 ZPO), which this service does not prepare. If enforcement has already started, speak to a lawyer promptly.
This case number suggests there is more than one respondent. One person's Einspruch does not automatically count for the others - each of them needs their own letter, signed by themselves.
Deadline
The date of service is the date on which the Vollstreckungsbescheid was formally served on you. It is not the date of issue printed on the document. If the letter was served by being placed in your letterbox, the date it was placed there counts, not the date you took it out or read it. The deadline is calculated from the date of service.
What matters is the address the court had to serve to - the one printed on the order as yours - not where you happened to read the letter. Service abroad makes the period one month instead of two weeks: for the Widerspruch under Sec. 32 (3) AVAG, for the Einspruch under Sec. 339 (2) ZPO. The figure printed in your order's Rechtsbehelfsbelehrung still governs - the court may have set a longer one.
The postmark on the envelope shows the date it was sent, not the date of service. What counts is service itself: when the order is placed in a letterbox, the person delivering it notes the date of service on the envelope (Sec. 180 ZPO), and it is proved by the certificate of service (Sec. 182 ZPO). Look for that date on the envelope.
Your deadline
Service abroad lengthens this period to one month (Widerspruch: Sec. 32 (3) AVAG; Einspruch: Sec. 339 (2) ZPO). The court may have set a longer one; it is printed in your order's Rechtsbehelfsbelehrung. If that differs from the date shown here, the order governs.
The two weeks come from Sec. 692 (1) no. 3 ZPO: that is how long the Mahnbescheid gives you to pay or to object. While the period runs, the claimant cannot apply for the Vollstreckungsbescheid at all - Sec. 699 (1) sentence 2 ZPO bars the application before it expires. That is what the period actually buys you. It is not preclusive: the objection stays possible until the Vollstreckungsbescheid is ordered (Sec. 694 (1) ZPO), and a late one is treated as an Einspruch (Sec. 694 (2) ZPO). Once it is up, though, the claimant may apply at any moment - so do not wait. What counts is arrival at the court, not the date you posted it.
This calculation is a helper, not legal advice. Catius Documents does not review your individual case. If you are unsure, or the claim is large, we recommend getting legal advice.
Your details
You can file an Einspruch against the entire Vollstreckungsbescheid or only part of it. You do not need to give reasons. If your Einspruch meets the formal requirements and is filed within the time limit, the case is transferred to the competent court, where the claim is examined on its merits.
Your Einspruch letter
Both are equally valid. A Widerspruch can be filed in writing without the official form - Sec. 694 (1) ZPO requires only writing, at the issuing court. The courts recommend the form because it is read by machine.
You get the Widerspruch form as a PDF with your details already in the right boxes. Print it, sign it by hand, post it. Our printout does not carry the machine-readable marks of the original - the court then handles it by hand, and it is valid all the same (Sec. 694 (1) ZPO). If you prefer, you can copy the entries onto the form that came with your Mahnbescheid.
You get a finished letter as PDF and Word: print it, sign it by hand, send it. The right route if you no longer have the form.
What do you want to challenge with your Einspruch?
Select the parts you want to challenge. You must select at least one option. Your partial Einspruch must clearly identify the parts of the Vollstreckungsbescheid you are challenging.
Important: any part of the Vollstreckungsbescheid that you do not challenge by filing an Einspruch will become final, and enforcement can continue in respect of that part.
Including the interest and costs attributable to that part.
Interest - choose one of three
All or nothing: the form has no amount column for the procedural costs. These are the court fee and the claimant's costs in the order procedure; they follow from the size of the claim.
Collection charges, reminder fees, enquiry costs and similar ancillary claims belong here - and here you can name a part of the amount.
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Your details
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