Einspruch against the bedingter Zahlungsbefehl
With the Einspruch (objection) you tell the court that you do not agree with the claim, or not in full. Before the Bezirksgericht (district court) no reasons are needed for it.
Deadline
You have four weeks from service (Zustellung) of the bedingter Zahlungsbefehl (conditional payment order), not from the printed date, and the deadline cannot be extended (§ 248 Abs 2 ZPO). How to count the four weeks correctly is explained on the page Zahlungsbefehl deadline.
Form before the Bezirksgericht
It is enough that the intention to file an Einspruch is clear from the document (§ 448 ZPO). You do not need a lawyer, not even for a claim above 5,000 euro, and you do not have to give reasons. This applies to the Einspruch itself; in the proceedings that follow, representation by a lawyer can become mandatory. One copy without enclosures is sufficient. The form enclosed with the Zahlungsbefehl is one way; a signed letter is just as valid.
Before the Landesgericht
If the Geschäftszahl (case number) contains "Cg", a Landesgericht (regional court) is handling the case. There the Einspruch must have the content of a statement of defence (Klagebeantwortung), that is a specific request, a denial of the claimant's submissions and all defences, and it must be signed by a lawyer. Defences such as the court's lack of jurisdiction are lost if they are not already in the Einspruch. For that case we prepare no document; contact a lawyer immediately.
Ways to file it
- By registered letter to the court that issued the Zahlungsbefehl. The days in the post do not count towards the deadline: it is enough to post the letter on the last day.
- Through the JustizOnline portal (the Austrian justice portal), section "Allgemeine Eingabe" (general submission), with ID Austria.
- In person at the court's filing office (Einlaufstelle).
- Orally, for the record, on the Amtstag (the court's public office day), usually on Tuesdays by prior appointment, at the court that issued the Zahlungsbefehl or at the Bezirksgericht of your place of residence.
An ordinary e-mail is not permitted.
In full or in part
You can contest the whole claim or expressly only part of it. With a partial Einspruch, the part not contested remains in force, becomes final and can be enforced (§ 249 Abs 1 ZPO). The limitation must be stated expressly in the Einspruch; if in doubt, contest the claim in full.
What happens next
With a timely Einspruch the Zahlungsbefehl ceases to have effect, without a separate court order. The court summons you to a preparatory hearing (vorbereitende Tagsatzung), at the earliest three weeks after the summons. No separate fee is charged for this; but the general rule applies that the losing party reimburses the other side's costs, including lawyer's fees. An Einspruch "just in case", without objections on the merits, can therefore cost you more than the claim itself.
What Catius Documents prepares for you
Based on your details, we produce an Einspruch for the Bezirksgericht ready to sign, to print and send by post.
9 EUR including VAT, one time.
No subscription, no hidden fees.
Not legal advice
Catius Documents does not examine your case in law and does not represent you. If the claim is large or you are unsure, also speak with a lawyer.