How to get a court payment order (Mahnbescheid)

75 posts in this topic

Labour law:

 

The below is only for an employee chasing missing salary, holiday money, and so on.

 

As said in post 1, if you have a claim according to labour law, you can either:

 



  • dictate your claim to the court clerk (Rechtspfleger) at the labour court in the city that your employing company is registered
  • buy the paper form in a stationary store (it costs around 2€) and send it by snail mail to the labour court in the city that your employing company is registered
  • fill it in on the "Rote Mahnung" web site

 

I have now received feedback that the "Rote Mahnung" web site does not allow for people who have left Germany, and therefore now have a non-German address.

 

I also concede that it is difficult to pop into the local labour court or a German stationary store when you are no longer in Germany.

 

The solution is that you can buy the official "Mahnbescheid Arbeitsgericht" form on Amazon.de, see here or here.

Those suppliers also deliver to some foreign countries.

If your country is not among the countries they deliver to, then you will have to ask somebody in Germany to buy the official form for you and then snail mail it to you.

 

Please also remember that the labour law Mahnbescheid always has to be sent to the labour court of the city your employing company is registered in, i.e. not to the labour court of the city you live, nor to a central court if you live outside Germany.

 

Also, in labour law each party ends up paying their own fees, so even if you "win", you will have to pay the court fees and the mailing costs.

 

Here's the table with the labour court fees, they go by how high your claim is:

 

post-24869-13725315219013.png

 

You do not pay in advance, but after the labour court has sent you an invoice.

For example, for a claim of 1,600€ the court will send you an invoice for their fee of 35€ (since you have a claim of under 1,750€) + 4,50€ for sending the Mahnbescheid on to your employer.

 

Your employer then has 1 week time to react, if he doesn't you can then get a court writ (= Vollstreckungsbescheid) and send the bailiff to your employer to get you your money.

If they react within that week, they either concede your claim and have to transfer you your money within that week (that's why the form also asks for your bank connection) or they deny the claim.

 

If they deny the claim, then it will come to a court hearing, and you will have to hire a lawyer since they are mandatory in front of the Arbeitsgericht.

 

The printers who sell this form of course do not publish it in electronic format (they want to sell the paper version).

However, back in 1977 the German state decided on the format it had to have and published it in the Official Law Journal, see page 5 of this publication.

 

I have filled in the above template from 1977 with sample data, so that you know how to fill in the official paper form:

 

post-24869-13725330667376_thumb.gif

 

Just to be clear, the above cannot be sent to the labour court, it is just meant as a help for you. You have to fill in the official paper form, which is 6 times the same form, with carbon paper backing so that it transfers from one page to the next.

 

I kept it simple and didn't ask for interest.

If you want to, it's a base interest (which at the moment is near 0%, thank you ECB!) + 5% per year, so if you use 5% you are on the safe side. However, you are only allowed to claim for interest for the days after the salary became due, so it gets complicated in that you always have to count the exact number of days since when each monthly salary became due, so I left the field "Zinsen" empty.

Hopefully you haven't waited too long for your money before filling in this Mahnbescheid, so the interest would anyway be negligible.

 

Fields 12 and 13 in the bottom-right corner of the form go together.

If you tick field 12 you ask the court to hold a court hearing should your employer deny the claim, which means that you have to have a lawyer attend the court hearing (differently from the Amtsgericht, here in labour court lawyers are mandatory at hearings).

Which brings us to field 13, by ticking it you promise to the labour court that you will retain the services of a lawyer should it come to the hearing.

 

Don't forget to sign the form!

 

The official form will have to be sent by snail mail to the labour court (= Arbeitsgericht) of the city your employing company is registered in, just google their address, e.g.:

Arbeitsgericht Berlin

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[adminmerge][/adminmerge]

About one year ago I sold an item worth less than 200E to a (should I say former?) friend. Since then I've met her only twice (during the first month), we hang out in common circles but she is actively avoiding me.

I had a few phone conversations with her and she has always promised me to pay (when she had the money or something), that it until the phones stopped working. I also have a few outstanding Facebook conversations saying the same thing. I have threatened to go to court but it seems she is nonchalantly ignoring me or acting like nothing happened, promising to pay after taking one week/month to respond back.

Everyone has seen her with the item (she has lost it after a month or so) and everyone heard a different story: it was bought, it was paid, it was a prize, etc.

 

Mind you, as little as I know she had a similar dispute with unpaid furniture and I think she might have been to court for this.

By now you should see who am I dealing with.

 

I know her full name and birth city, friends (they are the same, actually), her brother, her former address, her former phone numbers, her approximate address (within 300m), working place. I don't know her current address, I could find out but those who know it might be protecting her and it would cost me some friendships.

 

How should I proceed with this:

- Go to the police station?

- Make a Rechtsschutzversicherung and use it?

- Fill out "Mahnbescheids" or "Mahnverfahren" (I don't know the difference between them)?

- forget it? I don't want to do this out of principles, she is screwing too many people over.

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You will find your answer in the thread I merged yours with, if you want to take that route.

 

Good luck.

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For the Mahnbescheid you need the address.

 

If it had been a larger amount than 200€ it would have been worth the hassle to sue (= Zahlungsklage erheben), there you only need the city and the court could display the notice on a board in the court house (= öffentliche Zustellung).

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Send a so-called Einwohnermeldeamtsanfrage to the relevant authorities, asking for the details you listed above. It could cost €10 - €25 if they need to provide a detailed one, but it should suffice.

 

Use her old address as a reference.

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I don't expect to actually get any money out of this and might even have to put money it. In the end all that will be left would be a lesson taught, a loss of several friendships and peace of mind.

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Trying to get an item from a German supplier who has taken my money and not delivered and refuses to answer my emails. I am I the UK and wonder if there is the equivalent of the small claims court operating in Germany and if so, how do I access it. Any help would be much appreciated.

 

Andrew.

 

[adminmerge][/adminmerge]

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What happens in case when the opposite party makes petty objections (Which obviously make no sense)? What will be the next step than?

 

Secondly is it possible for somebody who lived in Germany but have now left the country and is settled somewhere else opt for this option and follow it up to the end?

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Can I avail myself of the above-mentioned Mahnbescheid procedure in a case of non-payment of salaries which has already twice been heard before the Arbeitsgericht? On the second occasion, the arbitrator instructed my employer (i) to pay just over 6000 euros of backdated salary, in ten instalments, each specifically dated and of a specific sum, and (ii) to undertake prompt payment of future salaries in accordance with my contract ( due by 5th day of following month etc. )

On both counts the employer is once again in breach of contract as well as of an official undertaking made before an arbitrator. It seems given that I will be bound to pay half of the court costs, regardless of the outcome; and since I can't see how my employer might refute a reiteration of my earlier claim, I would naturally like to bypass the extra cost of appointing my lawyer, once again, to the sequel of a tiresome routine.

A subsidiary inquiry: can I force my employer's hand by somehow initiating a kind of insolvency process against her? After all, either she has the funds, or can realise assets, to settle the debt, or she has not; in which latter case, have I nothing to lose by her insolvency, and perhaps even three months' salary to gain, as underwritten ( so I believe ) by the State in such circumstances?

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Hi,

It can be legally possible to do it all yourself but if you give this assignment to the lawyer of your trust, he will relieve you of all this stress and time consumption of filling out the form correctly, dealing with complaints from court. Besides that, depending on the exact situation, you can hire a lawyer at the cost of the opposing side. The defendant has to reimburse you for your lawyer's costs if that person is in default, broke the contract, etc. Besides, smart lawyers in this business have registered at court and court fees are paid after serving the payment order. When an individual files, first comes payment then comes serving the defendant. Latest when you go to court with a value starting 5k, you will not get around hiring a lawyer.

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Hi,

 

A person with a UK contract (working in MUC) has not been paid since some months and there are no responses nor excuses from their UK Consulting Company.

 

Looking for information regarding an UK Office or Agency that processes claims and collects monies. Something similar to "Safe Collections".

 

Better - In Germany, a person can directly start claim with Amtsgericht and then await for proceedings/outcome. Actually, this is the better solution and don't know if this is possible or how to do remotely for UK.

 

BR

 

[adminmerge][/adminmerge]

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Get him/her to talk to their MUC employer - Are they paying the consulting company? If so, where and who is their contact. Explain situation and investigate him/her getting paid direct and in the interim (I presume he/she is a ltd co) get them to instigate action in the UK through the small claims court (costs about £250) to recover what they are owed.

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Thanks for the merge Admin :-) MUC employer already paid UK consulting company. Small claims is always valid. Maybe a collection agency can beat UK company's race to complete official (liquidation/bankruptcy/etc.) paperworks. Contractor already requested payments in progress from MUC to UK be delayed and is taking a direct contract w/MUC company.

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Is it possible to get a Mahnbescheid delivered to someone at their Works adress..

 

My former client made promises after promises... Got divorced... then got thrown out of their house...

 

I have no current adress.. But I do know where they work..

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No, it has to be delivered to the address that he's registered at.

 

This page lists the different possibilities to find out this address:

 

 

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