An unpaid invoice is the starting point, not the whole case. Before bringing proceedings, we assess whether the claim is due, which entity owes it, what evidence is available and whether a judgment can realistically be enforced.
Procedure and practical preparation
Depending on the dispute, a payment order, ordinary claim, claim for performance or staged claim combining information and payment may be appropriate. The German payment-order procedure does not provide a full review of the merits. If the debtor objects, contested proceedings may follow. We separate principal, interest and additional losses, review limitation issues and evaluate security. A settlement may offer a better commercial result where solvency is doubtful, provided payment dates, default consequences and enforceability are addressed.
Four practical examples
These are illustrative situations, not descriptions of particular client matters or promises of an outcome.
1. Final invoice
A service provider must show the agreed scope and performance, and acceptance where required. Issuing an invoice alone does not establish proper performance.
2. Unknown royalty income
A licensor may first need information or accounts. A staged claim can be considered where the amount cannot yet be calculated.
3. Replacement purchase
After a delivery failure, a buyer buys elsewhere at a higher price. Notice, deadlines, causation and mitigation must be examined before claiming the difference.
4. Instalment proposal
A debtor offers a long repayment plan. Security and an enforceable instrument may matter more than the nominal settlement amount.
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.