Receiving a claim requires an immediate review of service, the court’s directions and the applicable deadlines. In German written preliminary proceedings, the notice of intention to defend is separate from the substantive defence. For domestic service, the initial mandatory deadline is generally two weeks. Different rules may apply to service abroad.
Procedure and practical preparation
We examine the claim, jurisdiction, any arbitration clause, objections and potential counterclaims. Contracts, payment records and correspondence are matched to the allegations. A general denial may be insufficient: the response must distinguish accepted facts from disputed facts and explain the available evidence. Settlement discussions can continue alongside the proceedings, but do not by themselves preserve a deadline. If a default judgment has already been issued, the appropriate challenge and any request to stay enforcement must be considered separately.
Four practical examples
These are illustrative situations, not descriptions of particular client matters or promises of an outcome.
1. Defective machinery
A supplier sues for the full price. The buyer should preserve defect notices, operating records and acceptance documents. Withholding payment, reducing the price and claiming damages have different requirements.
2. Wrong defendant
The parent company is sued although its subsidiary placed the order. Orders, authority and any guarantee must be checked; shared branding alone does not establish liability.
3. Payment already made
Bank statements must be matched to the invoice. Interest and costs may remain disputed. Even a clearly unfounded claim should not simply be ignored.
4. Arbitration clause
A state-court claim may require a timely arbitration objection. The validity and scope of the agreement and the stage of the proceedings matter.
Documents for the initial review
Please keep the complete correspondence, contracts, decisions and service records available. Identify any deadlines and the person coordinating information within your business. The initial review determines the correct procedure and the further evidence needed; it does not replace a filing with the court or authority.
Related guidance
Strategy and costs · Settlement · Enforcement
Legal framework
Updated 13 November 2026. This guide concerns German proceedings; special statutory rules and international instruments may affect the individual case.