Widerspruch against a Mahnbescheid
With a Widerspruch you tell the court that you disagree with the claim, in full or in part. You do not need to give a reason.
Deadline
You have two weeks from the date the Mahnbescheid was served on you (Zustellung), not from the date printed on it. See Mahnbescheid deadline for how to count the two weeks correctly.
Form
The Widerspruch can be filed in writing with your handwritten signature. The enclosed official form is not required, but courts recommend it because it speeds up processing. Filing by ordinary email is not allowed.
Ways to file it
- By post to the Mahngericht named in the Mahnbescheid.
- Using the enclosed official form by post.
- Using a barcode form through the online justice portal.
- Through the special electronic mailbox for lawyers, if you are represented by one.
In full or in part
You can object to the whole claim or only to part of it. With a partial Widerspruch, the part you did not challenge stays valid. For that part the claimant can apply for a Vollstreckungsbescheid, and only that can be enforced. The Mahnbescheid itself is not an enforceable title.
What happens next
If you file your Widerspruch on time and in the correct form, no Vollstreckungsbescheid can be issued in the Mahnverfahren for the part you contested. On the application of either party the case then moves into contested proceedings before the competent court (Sec. 696 ZPO). Without a Widerspruch, a Vollstreckungsbescheid can follow.
What Catius Documents prepares for you
Based on your details, we prepare a Widerspruch letter ready to sign, print and send by post, as PDF and Word.
9 EUR including VAT, one time.
No subscription, no hidden fees.
Not legal advice
Catius Documents does not assess your case legally and does not represent you. If the amount is large or you are unsure, also speak with a lawyer.