Short Historical Insight into the Mahnverfahren

With an increase in economic activity the numbers of those falling into debt increased, as well. An ordinary civil procedure to recover debts seemed more and more inappropriate to cover the ever-greater number of proceedings concerning the collection of overdue, mostly uncontested, debts. A simpler, more efficient procedure for such cases was thus of magnetic attraction to the lawmaker who sought to produce a relief for the numerous creditors and their outstanding debts. It was as early as 1976 that the German lawmaker realized the need for improvement in this area of civil law and stepped into action by creating a simplification-law (Vereinfachungsnovelle), which brought about the new Order for Payment – the Mahnverfahren – in paragraphs 688 to 703 of the ZPO (German Code of Civil Procedure).

Two years after the Mahnverfahren had entered into force, the lawmaker saw the option of further enhanced simplification and created standard forms via which the entire process could be dealt with. Creditors make use of forms that are available at all office supply stores or court buildings to initiate the Mahnverfahren. The case is pending with the court from the day the Order for Payment form is received by that court. This has the simultaneous effect of preventing statutes of limitations from ticking against you and your claim.