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A payment order, enforcement order and default judgment require different responses. They do not arise from the same process as an ordinary contested judgment. The document, service date and accompanying instructions must be examined immediately.

Procedure and practical preparation

The payment-order procedure can be suitable for certain monetary claims, but does not involve a full examination of whether the debt is substantively justified. Opposition can lead to contested proceedings. A later enforcement order or first default judgment generally requires a different objection procedure, with a usual two-week deadline subject to special situations. An objection does not automatically suspend enforcement, so a stay may need to be requested. A second default judgment has different challenge rules. Possible reinstatement after missing a deadline is subject to strict conditions and requires an accurate account of what happened.

Four practical examples

These are illustrative situations, not descriptions of particular client matters or promises of an outcome.

1. Debt already paid

Match the payment to the claim and preserve the court response deadline; a call to the creditor is not a substitute.

2. Only part justified

The consequences of a partial objection should be assessed against principal, interest and additional costs.

3. Internal mail error

An enforcement order requires immediate review of service, objection and any possible reinstatement, together with enforcement protection.

4. Hearing missed

Check whether it is the first or a second default judgment before selecting the remedy.

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

German legislation – 688 · German legislation – 692 · German legislation – 694 · German legislation – 339 · German legislation – 700 · German legislation – 719

Updated 13 November 2026. This guide concerns German proceedings; special statutory rules and international instruments may affect the individual case.

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