The default judgment court order (Versäumnisurteil) arises when a party does not appear at a court hearing without proper reason or excuse. This mechanism is designed to ensure that justice can occur and prevent parties from simply not cooperating with the legal process. Receiving such an order should not come as a surprise, and there are ways of approaching such an order. It does not need to be the final say in a case. However, should the order come unexpectedly, then something has gone wrong. Information may have been withheld or not received, which requires further investigation.

The German Default Judgment (Versäumnisurteil) also arises in cases where a party (or their legal professional) is late for proceedings and can apply where the delay is by 15 minutes or more. The default judgment is provided for under§§ 330 – 331 ZPO (Code of Civil Procedure). This ruling can occur even where actions outside their control delay the party or their lawyer; however, under § 338 ZPO, the party can protest the decision.

If you have received the default judgment then you must take this matter seriously. It is critical to make sure you are in contact with a German lawyer to ensure that this matter can be resolved in the correct manner.

Lawsuits in Germany come in letters with yellow envelopes and upon receipt of such a letter it is vital to keep everything relating to it. At this point, the most important thing to keep in mind is the deadline. There are deadlines with the initial response and with the response concerning how you plan to approach the case itself. The letter received will outline who is bringing the case, the reason for the lawsuit and the court involved. It cannot be stressed enough how important it is to keep the documentation involved in a court case.

At Schlun & Elseven Rechtsanwälte, our lawyers have supported clients from all over the world in their dealings with German law. We have represented companies and private individuals. Our team will advise you regarding defence strategies and what to expect in the German courtroom. If you need legal advice regarding whether you should bring a case to court, our lawyers can also advise you on such matters. Through time-efficient communication and an emphasis on customer service, our law firm provide you with comprehensive legal representation.

Litigation fraud is a subset of “fraud” under German law according to § 263 StGB and, therefore, punishable by law. According to its wording, anyone intending to procure an unlawful pecuniary advantage for themselves or a third party damages the property of another by causing or perpetuating an error by presenting false facts or by distorting or suppressing facts is to be punished. Thus, trial fraud is understood to be the deception of facts by a party in a court case with the aim of winning the case and thus causing financial damage to the opposing party. Two basic constellations can be distinguished:

• First of all, there can be a triangular case of fraud, in which deception is made to the judge, and the losing party in the proceedings subsequently suffers the financial loss.
• The other variant of litigation fraud proceeds so that the litigant has already been deceived and is then forced to make a self-damaging asset disposition. This can be, for example, a procedural waiver of action or a pre-litigation waiver of the assertion of own claims.

Possibilities for litigation fraud can also arise in a dunning (default) procedure, insolvency proceedings, and before a judicial officer or bailiff. Therefore, the forms of fraud and the possibilities of action are pretty varied. This also means that parties must pay attention to the exact statement made to the public officials in all these proceedings. According to § 138 ZPO (Code of Civil Procedure), the parties have a duty of truth in the proceedings.

At Schlun & Elseven Rechtsanwälte, our lawyers regularly provide expert legal opinions in diverse legal areas. The legal opinion allows parties to gain a qualified legal outlook on a specific issue related to a transaction. It is a written document presented by a qualified lawyer, and it should be considered when entering into complex arrangements. It may concern the validity of records, contractual obligations, and whether German law will impact a particular project.

Our corporate clients rely on Schlun & Elseven to provide them with expert legal opinions across legal fields in matters of commercial interest. Complex cross-border issues and projects, in particular, should be analysed and assessed by professionals before advancing the transaction. Failure to have a legal overview from experienced experts can lead to costly legal disputes down the line that may damage the enterprise.

Private individuals also benefit from well-considered legal opinions by expert lawyers. Our legal opinions are provided in an efficient manner that sets out the facts, identifies the relevant laws and regulations and applies those laws to the facts. Having our lawyers take the time to examine the legal principles involved in such complex transactions can be the difference between years of drawn-out legal disputes and a quick resolution to the issue.

At Schlun & Elseven Rechtsanwälte, our lawyers will advise you regarding the recognition and enforcement of foreign judgments in Germany. Allow our team to analyse the judgment in question and determine the best course of action. Cases depend on complex issues, such as whether the jurisdiction that has provided the judgment has a bilateral arrangement with Germany regarding the recognition of legal judgments. There is no general obligation in place that countries should recognise the judgments made in foreign courts. There are many international conventions in certain fields that promote multilateral recognition of foreign judgments, but these are restricted to the specific fields in which they apply.

If there is a relationship between the two jurisdictions that recognise legal judgments, your legal professional will apply to enforce the foreign judgment with a regional court. However, if it is not from a jurisdiction with such a relationship, then your lawyer can bring an exequatur procedure with the aim of having the judgment recognised. These exequatur procedures will likely be required when dealing with judgments originating outside of the European Union. For example, cases from the USA, China and Turkey have no set agreement with Germany in many areas. Consult with our professionals for further guidance.

If you need to serve documents, or other court papers, to an individual resident in Germany, then our lawyers are here to assist you. As we will outline, going through the process of locating and collaborating with a local Gerichtsvollzieher (bailiff) can be an arduous process, whereas operating through a lawyer is a much smoother process. Our English-speaking attorneys will provide you with the professional service needed to ensure that the court documents in question are served efficiently.

As Germany does not have a tradition of using private process servers, often the best approach for those based abroad looking to serve formal court documents in German is to work alongside German lawyers. Employing a local German bailiff (Gerichtsvollzieher) is another option that is pursued in cases where German civil procedure rules demand formal service by way of personal delivery. However, working alongside German bailiffs can often involve time delays and frustration. It is not uncommon for language barriers to play a role, and getting in contact with a local Gerichtsvollzieher can also take a lot of time. Working with German lawyers is often more efficient and ensures that you are fully aware of the process at all times. The lawyers at Schlun & Elseven Rechtsanwälte prioritise timely customer service and are your reliable legal partner in such matters.

Tax disputes arise where the taxpayer and the tax authorities disagree over the self-assessed submission made by the taxpayer. Such disputes cannot be resolved through arbitration, but individuals and companies should not feel as if they cannot challenge any claims made by the tax authorities. It is not unusual for the tax authorities to make mistakes. Negotiations between the tax authorities and the taxpayer can be successful for the taxpayer, but this is best achieved by having a tax lawyer in your corner. At higher courts, such as the German Fiscal Court, it is a requirement to be represented by legal professionals.

At Schlun & Elseven Rechtsanwälte, we are a full-service law firm, that supports private individuals and companies. Our tax lawyers are available to assist you in any legal dispute and can lead you through the process of any tax litigation which may arise.

Our German litigation and proceedings lawyers support you in enforcing your claims and defending against unjustified accusations or claims.

German Enforcement law

If a debtor fails to meet their payment obligation, the creditor has the option of initiating enforcement proceedings. The creditor has a wide range of enforcement measures to recover the debt. However, the debtor can also take steps to defend himself against the creditor’s enforcement measures.

Our German lawyers advise creditors and debtors regarding the most suitable enforcement measure or legal protection option for the specific case.

Eviction action

Disputes also arise between tenants and landlords, often settled in court. This is the case, for example, in action for eviction. If a tenant does not move out of the used rental property after the tenancy has been terminated, the landlord can obtain a court decision and subsequent enforcement for eviction.

Preventive measures – Domestic violence protection proceedings

The courts can also determine preventive measures. The so-called proceedings for the protection against violence serve to determine various measures for the protection against acts of violence and stalking. The defendant can be ordered to take steps regarding contact and physical distance from the applicant through the interim injunction. If the defendant violates the court’s orders, it is possible to file criminal charges.