Federal Republic of Germany · Amtsgericht – civil matters (claim filed with the Local Court)
Amtsgericht – civil matters (claim filed with the Local Court) — Germany
Format requirements for this court
| Court and track | Amtsgericht – civil matters (claim filed with the Local Court) |
|---|---|
| Paper | A4 |
| Margins | 2.5 cm · 2.5 cm · 2.5 cm · 2.5 cm |
| Type | Times New Roman, 12 pt |
| Line spacing | 1.5 |
| Paragraph numbering | {n}. |
A legible base font of at least 12 pt. Smaller type is regularly questioned by the court office.
Every format rule is listed with its source so you can check it yourself.
Amtsgericht – civil matters (claim filed with the Local Court)
Statement of claim in German on A4 paper, 2.5 cm margin on all sides, Times New Roman 12 pt, paragraphs numbered upwards from 1, a caption naming the court and the parties, a signature at the end and an index of numbered attachments. File one signed original and one copy for each respondent; ZPO § 133 requires a further copy for the court file. Representation through a Rechtsanwalt is not prescribed before the Amtsgericht.
EUR 5,000 — Civil money claims generally belong before the Amtsgericht where the amount in dispute does not exceed 5000 EUR; above that the Landgericht is as a rule competent, and statutory exceptions apply to particular kinds of dispute. Check the current wording of GVG § 23 and GVG § 71.
Every format rule is listed with its source so you can check it yourself.
Amtsgericht – automated dunning procedure (court-issued payment order, official form)
For certain money claims there is an official form (Mahnantrag, application for a payment order) filed with the central dunning court; since 2021 the application under ZPO § 703a is to be made through the electronic procedure and the paper form is used only in exceptional cases. Fill in claimant, respondent, the sum and the supporting particulars (grounds, date, due date) completely. If the other side objects, the matter is transferred to the competent court and the document format then follows that court's rules.
Every format rule is listed with its source so you can check it yourself.
Filing checklist - what to bring, in how many copies, and why documents get returned.
- One signed statement of claim on paper, entirely in German, with the caption and the request for relief.
Every format rule is listed with its source so you can check it yourself.
- One copy for each respondent and one further copy for the court file (ZPO § 133).
Every format rule is listed with its source so you can check it yourself.
- Signature in ink on the signature line, with your name in block letters, address and telephone number beneath it.
Every format rule is listed with its source so you can check it yourself.
- Index of attachments with attachments numbered continuously from 1 and, on each copy, the same number and name.
Every format rule is listed with its source so you can check it yourself.
- Pay the advance on court fees or, if you cannot, apply for legal aid or for deferral of the fees.
Antrag auf Bewilligung von Prozesskostenhilfe (amtliches Formular des jeweiligen Landes)
Every format rule is listed with its source so you can check it yourself.
- The court's name, the full names and addresses for service of both parties and the case number if one has been assigned.
Every format rule is listed with its source so you can check it yourself.
- Make sure the whole pleading is in German; where an attachment is in another language, add a German translation.
Every format rule is listed with its source so you can check it yourself.
- Attach documents as legible copies; bring the originals to the hearing.
Every format rule is listed with its source so you can check it yourself.
- For a money claim pursued by payment order, use the official application form; since 2021 the application is to be made through the electronic procedure.
Amtlicher Mahnantrag nach ZPO § 703a
Every format rule is listed with its source so you can check it yourself.
- Keep a complete copy of the pack before filing and record when and how it was received (receipt stamp or electronic confirmation).
Every format rule is listed with its source so you can check it yourself.
Why filings get sent back
- The statement of claim is unsigned. Under ZPO § 130 No. 6 the document must be signed by the person who drafted it; without a signature it is not served and a deadline is as a rule not preserved.
Every format rule is listed with its source so you can check it yourself.
- The pleading is not in German. Under GVG § 184 the language of the courts is German; a pleading in another language does not as a rule preserve a deadline and a German version has to be supplied.
Every format rule is listed with its source so you can check it yourself.
- The index of attachments is missing or the attachments are not numbered continuously. Documents that are filed must be numbered consecutively under ZPO § 131 and named in the index; without an index the filing is queried.
Every format rule is listed with its source so you can check it yourself.
- The respondent's address is missing or incomplete. Without an address capable of service the court office cannot arrange service.
Every format rule is listed with its source so you can check it yourself.
- The advance on court fees has not arrived. The court office arranges service only once the advance is paid or a deferral has been granted.
Every format rule is listed with its source so you can check it yourself.
- The claim was filed with a court that is not locally or subject-matter competent. Local competence follows the general venue of the respondent (ZPO § 12 et seq.); if competence is lacking the matter is transferred.
Every format rule is listed with its source so you can check it yourself.
- The document is handwritten, without margins, in too small a type or without numbered paragraphs and is therefore not suitable for processing. The margins are needed for the court file.
Every format rule is listed with its source so you can check it yourself.
The language you read here and the language of the documents are set separately.
Document language: Deutsch. This is set by the court, not by the language you are reading now.
- Deutsch (Required)
Under GVG § 184 the language of the courts is German. A pleading in any other language does not as a rule preserve a deadline; the court requires a German version, and an interpreter is provided only for the hearing itself. The document set is produced in German regardless of which language you read in the interface.
Every format rule is listed with its source so you can check it yourself.
Disclosure: what this document set is and is not
This pack was assembled by a document preparation tool that organises the facts you supplied and aligns page format to the published requirements of the court named above. The person or company that produced it is not a lawyer and does not act as your representative before any court. No legal advice is given, no retainer or representation relationship is created, and no assessment is made of which provision applies to your facts or of how strong your position is. You remain responsible for the contents of every document you file, for meeting every deadline, and for obtaining professional help where you need it. The source of every format rule is listed in the filing checklist.
I have read this disclosure and understand that this pack is a format and fact-organisation aid, not legal advice, and that no attorney has reviewed my documents.
Every format rule is listed with its source so you can check it yourself.
Confirm you understand: citations are not verified
The system does not check whether a citation is real. You are responsible for checking each one in the official database: Gesetze im Internet des Bundesministeriums der Justiz (gesetze-im-internet.de) und Rechtsprechung im Internet des Bundesamtes für Justiz (rechtsprechung-im-internet.de).
Check this reference yourself: whether the provision exists, whether it is still in force, and whether a later amendment or decision has changed it.
Every format rule is listed with its source so you can check it yourself.
Every format rule is listed with its source so you can check it yourself.
- GVG § 184 (Gerichtssprache)
- GVG § 23 (Zuständigkeit des Amtsgerichts in bürgerlichen Rechtsstreitigkeiten)
- GVG § 71 (Zuständigkeit des Landgerichts in bürgerlichen Rechtsstreitigkeiten)
- ZPO § 12 und folgende (Allgemeiner Gerichtsstand, örtliche Zuständigkeit)
- ZPO § 78 (Anwaltsprozess vor dem Landgericht)
- ZPO § 129 (Vorbereitende Schriftsätze)
- ZPO § 130 (Inhalt der Schriftsätze; Nummer 6 verlangt die Unterschrift)
- ZPO § 130a (Elektronisches Dokument)
- ZPO § 131 (Beifügung von Urkunden und Nummerierung der Anlagen)
- ZPO § 133 (Abschriften der Schriftsätze und Anlagen)
- ZPO § 253 (Klageschrift, Inhalt)
- ZPO §§ 688 und folgende (Mahnverfahren)
- ZPO § 703a (Antrag und Widerspruch im Mahnverfahren mit amtlichem Formular)
- Gesetze im Internet, herausgegeben vom Bundesministerium der Justiz und für Verbraucherschutz
- Justizportal des Bundes und der Länder (justiz.de)
- Formulare und Merkblätter der Landesjustizverwaltungen (Justiz.de, Formulare und Zwangsvollstreckung)
- Rechtsprechung im Internet, Bundesamt für Justiz (rechtsprechung-im-internet.de)