Mahnprozess

Mahnprozess is a term used in German-speaking civil procedure to describe a simplified court-based route for obtaining an enforceable claim for a monetary debt. It is part of the broader Mahnverfahren and is designed to convert a liquidated, uncontested claim into a court title without the need for a full, ordinary lawsuit.

The process is governed by civil procedure law (in Germany primarily the Zivilprozessordnung, ZPO) and is intended for straightforward, monetary claims where facts are not in dispute. A creditor applies to the competent district court for a Mahnbescheid, a court order that specifies the amount due and possible interest and costs. After the court issues the Mahnbescheid, it is served on the debtor. The debtor then has a limited period, typically a couple of weeks, to file a Widerspruch (objection).

If there is no objection, the creditor can obtain an enforceable title and begin enforcement actions, such as the Vollstreckungsbescheid (enforcement order), which allows measures like wage garnishment or asset seizure. If the debtor objects within the deadline, the Mahnbescheid becomes ineffective and the creditor must pursue the claim through the ordinary civil process by filing a Klage (lawsuit). The Mahnverfahren thus serves as a preliminary, cost-effective step to secure payment for undisputed claims, while preserving the option to go to full court proceedings if the claim is disputed.

The Mahnprozess complements extrajudicial dunning steps (Mahnung) and is commonly used for debts such as invoices, rent arrears, and service charges. It is not suitable for complex disputes or non-monetary claims.