When can a debt be transferred to enforcement?
A debt can be transferred to enforcement around two months after the original due date at the earliest. Two weeks must have elapsed since the collection agency sent its second payment demand to you.
If you wish to have your debt transferred to enforcement sooner than that, you can ask the creditor to suspend the collection measures. A prerequisite for suspending collection is that the debt has fallen due in its entirety.
Governmental and municipal charges and statutory insurance contributions
Governmental and municipal charges and statutory insurance contributions are usually directly enforceable without a district court decision. The creditor may transfer these debts to enforcement once the earlier stages of collection, such as sending payment reminders, have been completed.
Other bills
In the case of other bills than those issued by the state or a municipality, the creditor may apply for the enforcement of a debt only after a district court has issued a judgment on the debt.
The creditor or the collection agency may apply to the district court for a judgment on the debt by submitting an application for a summons to the court. The district court will forward the application for a summons to you. You should read it carefully. If you disagree with some of the information stated in the application, you can ask the Consumer Advisory Services or the financial and debt counselling services to help you with responding. You can also ask for more time to respond.
Published 17.12.2020