Explanatory Notes for the "Antrag auf Erlass eines Mahnbescheids" (Order for Payment) submittal form

The following is a non-official translation of the explanatory notes for the submittal form of a German order for payment (Mahnbescheid), as provided by the Ministry of Justice of the Land NorthRhine-Westphalia in German. The German original can be found here: http://www.mahngerichte.de/verfahrenshilfen/ausfuell_amtlich.pdf

Explanatory Notes for the "Antrag auf Erlass eines Mahnbescheids" (Order for Payment) submittal form.

Lawyers and registered debt collection agencies may not use this form §690 nr.3 ZPO, German Code of Civil Procedure).

An execution order for monetary debts can be obtained easily and quickly via the Mahnverfahren (Order for Payment) court-procedure, if objections from the debtor are not to be expected. You should check whether you have brought your charges against your debtor (COMMENT: to your debtor‘s attention) in a clearly arranged manner, before you apply for an Order for Payment. Catch up on that, if necessary. Otherwise your debtor might object to the claim merely on the ground that he‘s not had a chance to see what services you charge him for in particular.

Please fill out the form in legible block letters or with a typewriter. (Please note that the technical information on the use of typewriters for the application will be omitted in the following). Fill in the according number in the squares with a black arrow and, if appropriate an X, for the squares with a white arrow. Correct erroneous entries you may have made unmisunderstandably. Please make sure that all entries are made within the appropriate fields.

The information asked for on the form corresponds to the legal requirements for an Order for Payment. More specific information cannot be taken into consideration in the Order for Payment procedure: thus, please refrain from attaching any form of evidence (e.g. copies, invoices) to your submittal form, as they would have to be returned to you unchecked.

In case the space in the form is not enough to fill in all your details, you can use a separate blank sheet to indicate the applicant (Antragsteller), defendant (Antragsgegner), legal representative (gesetzlicher Vertreter), main claim (Hauptforderung), interest (Zinsen), collateral charges & service charges (Nebenforderungen), court (Prozessgericht) - in case there is more than one defendant, as well as the defendant’s lawyer (Prozessbevollmäauml;chtigter des Antragsgegners). If you do use a separate sheet, follow the same system and order as on the original submittal form and use the respective headings on the submittal form for identification purposes on your additional sheet. Please attach your sheet to the submittal form in a firm way (e.g. staple them).

Applicant (Antragsteller), Defendant (Antragsgegners) (Lines 2 -31, 49)

Two natural persons can be entered as applicant (Antragsteller) (row 3-7) and two natural persons as defendant (Antragsgegner) (row 18-22) in the fields containing the heading "Spalte 1 und 2". The fields containing the heading "Spalte 3" is reserved for the denotations of legal persons as applicant (row 8-11) and legal persons as defendants (row 23-26). In case you’ve been assigned an identification number (Kennziffer) enter that number in row 9. In case an identification number (Kennziffer) has been entered in row 9 no more information about the applicant may be given.

Only for spouses: For the entries under "Spalte 2" the first name and the indication Mr (Herr) or Mrs (Frau) suffices in case of a single name and address.

Only for companies, legal persons (asf): The first lines of "Spalte 3" (line 8 and 23) serve the technitized differentiation between one-man companies and limited companies. Please use the most common form of (German) abbreviation here: e.V, OHG, KG, GmbH, AG, E.G, VVaG, etc.

Only for one-man companies: For the entries in line 9, 10 and 24,25 respectively, please use the indication as provided in the commercial register with the suffix “eingetragener Kaufmann (literally translated "registered salesman") or "e.K." (simply the abbreviation thereof). Without a commercial registrar entry the fields for natural persons, Mr (Herr) and Mrs (Frau) (i.e. rows 3-7 and 18-22 respectively) will have to be used instead.

Only for Gmbh & Co. KG (ltd) and alike: Please enter the "KG" in "Spalte 3", the GmbH (without Mr (Herr) or Mrs (Frau)) in "Spalte 1" and "Spalte 2" and the "gesetzlicher Vertreter der GmbH" (CEO) in line 12-16 or 27-31 respectively. Follow the same procedure for AGs or CO KGs, for OHGs etc. Enter the legal form of these companies in line 8 or 23 respectively, however.

Only for official parties acting as applicant: omitted:

Only for legal representatives: Only fill in lines 15,16 or 30,31 respectively, if street and place differ to that from the person represented. In case of multiple applicants (Antragssteller) and defendants (Antragsgegner) enter the number of the "Spalte" (row) in which the person represented is indicated in line 12 or 27 respectively.

Only in case of multiple applicants (Antragsteller): In case one applicant is not simultaneously representing the other applicant, which is the general assumption (as provided in line 2), then please indicate so on a separate sheet.

Cases regarding immovable property (housing) ("Wohneigentumssachen"): omitted.

Cases regarding "Wohnungseigentümergemeinschaft als Antragsteller":omitted.

Cases regarding "Wohnungseigentüuuml;mer als Antragsteller": omitted.

Cases regarding "Verwalter als Prozessstandschafter": omitted.

Cases regarding "Ansprüche Dritter gegen eine Wohnungseigentümergemeinschaft": omitted.

Indication of academic titles: Academic titles can be given as a prefix to the first name in line 4,19.

Only for applications who domicile abroad: Please indicate your country ID in line 7,11 and 16 as used on vehicles (nationality plate). Please note the competence of the district court of Berlin-Wedding.

Only for defendants who domicile abroad: Please indicate the country ID in line 22,26 and 31 of the defendant’s place of domicile. The extra jurisdiction of the (German) court has to be justified (§803d ZPO, German Code of Civil Procedure).

Defendant’s last name affixes: you can affix a jr, sr or indication of profession in line 20, in as far as that may be beneficial to prevent obstacles in servicing.

Bankdetails: You can enter your bank details in line 49, if a lawyer does not represent you.

Description of the claim (Lines 32-44)

Main claim (Hauptforderung) and collateral or service charges (Nebenforderungen) have to be listed separately and individually.

Main Claim (Hauptforderung) (Line 32-39)

Please make use of a catalogue number "Katalog-Nr" of the claim catalogue provided at the end hereof in order to identify your main claim in line 32. The way in which you brought your charges to your debtor’s attention (e.g. invoice, formal reminder, account statement) has to be described in the second row. You may use an abbreviation as commonly understood (in German!). An account number of invoice number can be stated in the third row and a date in the fourth row. In case your claim spreads over a period of time use the third row “vom” to enter the first day of your claim and the fourth row for the last “bis”. Enter the total claim in the last row. Additional main claims can be entered in row 33 and 34. Lines 36 and 37 are reserved for claims that are not listed in the catalogue.

"Nur für Urkundenmahnverfahren:" omitted.

"Nur für Scheck und Wechselmanverfahren:"omitted.

(Future) Interest (Laufende Zinsen) (Lines 40-42)

Enter the number of line of your main claim, for which you claim interest, in the appropriate field. Follow the same procedure if you demand different interest rates for different main claims or parts thereof. Repeat the number of the line of the main claim for each interest rate.

Use the "ab" or "vom" (from) section if you demand interest for a time before the Order for Payment is serviced. If you leave this section blank the court will calculate interest from the day of servicing onwards. The "bis" (until) section can be left blank, unless you demand interest for various main claims or demand different interest rates over different periods of time. The court will in either instance calculate the amount of interest until the day of servicing based on the facts given in line 40,41 and 42.

Calculated Interest (Ausgerechnete Zinsen) (Line 43 first half)

You can also calculate the interest for various periods of time, various main claims and different interest rates yourself and enter them here. Please notify your debtor of these calculations – if you have not done so already (please see first paragraph above).

Applicant’s expenses (Auslagen des Antragstellers für dieses Verfahren) (Line 43 second half)

Court and lawyer fees will be calculated and taken into the Order for Payment by the court. Hence, you can only submit such expenses here that you had to endure during the pre-trial phase as were necessary for the preparation and initiation of the Order for Payment procedure.

Other collateral or service charges (Andere Nebenforderungen) (Line 44)

Pre-trial costs that occurred due to the debtor’s overdueness can be claimed here.

Description of competent court for proper trial (Bezeichnung des für ein streitiges Verfahren zuständiges Gerichts) (Line 45)

The first square of the line must be given a key-nr "Schlüssel-Nr" that defines the court according to the category (COMMENT:material) of the claim "sachliche Zuständigkeit". A place has to be entered in the second square, which defines the court according to its territorial jurisdiction. A categorical (COMMENT:material)jurisdiction for the district court (id est Amtsgericht) is given for claims of less than 5000€, maintenance claims and claims arising out of contracts of rent for living space. The Landgericht has jurisdiction in all other cases of categorical jurisdiction. Territorial jurisdiction generally lies with the court of the defendant’s domicile. Special or exclusive jurisdiction can be established in addition to that. Intensive professional advise should be obtained in this context. Costs that arise because of you having called the wrong court will have to be born by you.

Authorized Proxies (Prozessbevollmächtigter) (Lines 46-49)

Only for lawyers (Nur für Rechtsbeistand): your lawyer fees will be calculated and taken into the Order for Payment by the court.

Only for legal persons (Nur für juristische Personen als Prozessbevollmächtigter): Please apply for an identification number "Kennziffer" at the court that has jurisdiction for order for payment.

Bankdetails (Bankverbindung) (Line 49): In case you do not know the complete IBAN-/BIC number, you can enter the Bank identification number (BLZ) and account number (Konro-Nr) in the appropriate fields.

Note (Hinweis): As of Dec 12, 2008 lawyers and registered debt collection agencies (Rechtsanwälte und registrierte Inkassodienstleister) may only submit order for payment applications in an electronically processable form ("690nr3 ZPO, German Code of Civil Procedure).

Claim from consumer credit-contracts according to ""491 -504 BGB, German Civil Code (Anspruch aus Verbraucherdarlehnsvetrag nach den "491 bis 504 des Bürgerlichen Gesetzbuchs) (Line 50)

Only the creditor has to be entered here or, in case the claim has been sold, the cessionary. Enter the number of the line of the main claim on the submittal form, the annual interest rate according to ""492,502 BGB and the date of the contract. In case of a contract according to "493 BGB (Überziehungskredit), (overdue drawing credit) only the number of the line of the main claim has to be entered.

Jurisdiction for the Order for Payment (Zuständigkeit für das Mahnverfahren) (Line 53)

Generally the court (Amtsgericht) where the defendant usually domiciles enjoys jurisdiction over the Order for Payment. Please bear in mind that there is various directives in the different Länder (states) of Germany that centralize jurisdiction over the Order for Payment (Mahnverfahren) in one central court. Note that the district court (Amtsgericht) Berlin-Wedding has exclusive jurisdiction over your order for payment (Mahnbescheid), in case you domicile abroad.

Main Claim Catalogue

Description: Catalogue Number: (Bezeichnung) (Katalog-Nr)

Adds in newspapers, mags, etc. 1

Medical (incl. dental) services 2

Suretyship 3

Credit Repayal 4

Service Contract (excl. work contracts, excl. jurisdiction Arbeitsgericht) 5

Transport costs 6

Service by self-employed (Geschäftsbesorgung durch Selbstständige) 7

Craftsmen service 8

Special Care Institution costs (Heimunterbringung) 9

Hotel costs (over night costs, drinks, food) 10

Contract of sale 11

Current account statement (Kontokorrentabrechnung) 12

Hospital Costs –Care/Treatment 13

Storage costs 14

Leasing 15

Education Costs (Lehrgangs/Unterrichtskosten) 16

Rent for commercial facilities (enter post code and 17 City in line 35)

Rent for vehicle 18

Rent for living space incl. service costs (enter post code and City in line 35) 19

Collateral costs of rent – also costs of renovation (enter post code and city in line 35) 20

rent (other) 21

member-fees 22

tenure 23

lawyer fees, legal advisor fees 24

pension deficit (Pensionsrückstand) 25

service or reparation 26

Claim against (casualty) accident insurance 27

Compensation for breach of contract (enter kind of contract

In line 35 second half) 28

Compensation for tort (Unfall/Vorfall) 29

Cheque 30

Commission fees for money change 31

Additional costs for money change 32

Acknowledgment of debt 33

Costs of shipper (Speditionskosten) 34

Amortization/Interest rates 35

Overdrawing drawing credit of bank account 36

Unjustified enrichment 37

Maintenance debt 38

Composition 39

Broker Commission Fees (Vermittlungs Maklerprovision) 40

Insurance contribution fee 41

Basic services (electricity, water, gas, warmth) 42

Delivery of goods 43

"Werkvertrag/Werklieferungsvertrag" contract for work and labour 44

Newspaper/ Mag subscription 45

Overdue amount of interest (not the same as for the current claim) 46

Kindergarten contribution 70

Credit Card contract 74

Telecommunication services 76

Cost of transport in ambulance 77

Subsistence expenses (Verpflegungskosten) 79

"Wohngeld/Hausgeld für Wohnungseigentümergemeinschaft" 90

Nurse care insurance contributions (jurisdiction Sozialgericht) 95