Chasing your money is annoying. If you still receive money from a provider, you can actively collect this claim and without high legal fees – using the so-called dunning procedure.
The most important thing in brief:
- If you do not receive money from a provider within the agreed payment period, you can demand smaller amounts using the so-called “judicial dunning procedure”.
- A dunning procedure is cheaper than a lawsuit and will get your money back more quickly.
- First ask your debtor to pay with a written reminder. If he doesn't pay, you can initiate the dunning process to get your money.
- This will also delay the statute of limitations on your financial claims.
Whether from an online retailer, insurance company, energy supplier or telephone provider: If you have not received an outstanding payment, you have various options to get your money. Especially for smaller amounts, it can make sense to initiate a so-called legal dunning procedure.
When can I enforce monetary claims using a dunning procedure?
An example: You have properly returned goods ordered online to the provider within the cancellation period. However, the refund of the purchase price is a long time coming. Lawyers refuse because their legal fees barely cover the amount of work due to the low amount in dispute. A lawsuit seems too time-consuming because of a small amount of money. What now?
In cases like these, a legal dunning procedure can help you. The advantages: The dunning process is not as time-consuming as a lawsuit and saves expensive legal fees. It is largely automated. So you don't need a court hearing if the other side doesn't object to the claim.
Attention: Do not let your claims expire!
Simple monetary claims usually expire after three years. If you are waiting for a repayment, you must act within this period at the latest if you still want to get your money. Important: A simple payment request is usually not legally sufficient to stop your claim from expiring. This requires the initiation of a so-called legal prosecution procedure, for example a lawsuit or a legal dunning procedure.
The dunning procedure is a simplified procedure in which you do not (yet) have to provide extensive evidence of whether you actually have a right to a payment. First of all, you only have to assert once that you are entitled to payment. There is no examination of the content. This only occurs when there are “ordinary proceedings” before the responsible court, for example when the person being warned has lodged an objection. If you assert a claim by means of a reminder notice, it should be clear from the start.
Initiate legal dunning proceedings: This is how it works
This is the way to initiate legal dunning proceedings:
