Starting a Civil Procedure: Your Guide to Success

Questioner

I understand that if I want to start a civil procedure (claim is around € 3,000) that I must first send the person a notice of default. To be sent by email, regular and registered mail. The notice of default must also state a reasonable period, e.g. 2 weeks or 10 working days. What is still unclear to me is the amount. It is not an invoice but a set of agreements that ultimately represent a certain amount. And in order to reach a compromise I first gave in and offered to settle it at 90% and later 80%. What do I go for now? The full amount I originally asked for or the amount that ultimately turns out to be the lowest amount.

Lawyer

A civil procedure is a letter, reminder, notice, 14 days letter announcement summons. It must be demonstrable to the court that the claim is properly due. If desired, I can assist you with further information.

Lawyer

You must have a summons served by the bailiff. You may conduct a civil procedure at the subdistrict section yourself, but it is often not wise. It is more difficult than people often think. You can claim the original amount plus interest. After all, the other party has not accepted your settlement proposal(s). As a result, they have expired. In the notice of default (igs) you can also claim collection costs (minimum 40 Euro). You must then give the other party a term of 14 days after receipt of the igs.