When does the Zahlungsbefehl deadline start?
The most common mistake: many people go by the date printed on the Zahlungsbefehl (court payment order), or by the 14 days for payment. What matters is the day of service, and for the Einspruch (objection) four weeks apply.
The four week deadline starts with service on you (Zustellung), not with the date printed on the Zahlungsbefehl. It cannot be extended, and the court recess in summer and at Christmas does not suspend it.
How to count the four weeks
The day of service itself does not count. The deadline ends four weeks later on the day that corresponds to the day of service by its name: served on a Monday, deadline ends on the Monday four weeks later. If the last day falls on a Saturday, Sunday, public holiday or Good Friday, the next day that is none of these is the last day of the deadline (§ 126 Abs 2 ZPO). 24 and 31 December are not public holidays.
Example: service on Monday, 28 September 2026. Four weeks later is Monday, 26 October 2026, the National Day. The deadline therefore ends on Tuesday, 27 October 2026.
Which day is the day of service
- You accepted the letter: the day you accepted it. If an adult member of your household or your employer accepted it, their acceptance counts.
- The letter was deposited at the post office (Hinterlegung): the first day of the collection period stated on the yellow notice, not the day you collected it.
- You were away and could not have known about the Hinterlegung: then service only takes effect on the day after your return. That is a question of the individual case; we calculate with the day you give us and point out this reservation.
Posting it in time is enough
The days in the post are not counted towards the deadline (§ 89 GOG). It is enough to post the Einspruch to the competent court on the last day of the deadline. Keep the posting receipt.
Deadline already passed?
A late Einspruch is rejected. What remains is an application for reinstatement (Wiedereinsetzung in den vorigen Stand) within 14 days after the obstacle ceases, together with the Einspruch, if you were prevented from filing in time without gross fault. That is a question of the individual case; we do not prepare that letter and recommend legal advice.
How Catius Documents works out your deadline
You tell us the day of service and how it was served, we work out your deadline and show it to you before you pay anything.