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Regulation on the introduction of pre-order forms for the working-court order procedure

Original Language Title: Verordnung zur Einführung von Vordrucken für das arbeitsgerichtliche Mahnverfahren

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Regulation on the introduction of pre-order forms for the working-court order procedure

Unofficial table of contents

AGMahnVordrV

Date of completion: 15.12.1977

Full quote:

" Regulation on the introduction of forms for the working-court order procedure of 15 December 1977 (BGBl. 2625), as last amended by Article 1 of the Regulation of 30 September 2014 (BGBl I). I p. 1566).

Status: Last amended by Art. 1 V v. 30.9.2014 I 1566

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.1978 + + +) 

Unofficial table of contents

Input formula

On the basis of the provisions of Article 3 (2) of the simplification amendment of 3 December 1976 (BGBl. 3281) § 46a (7) of the Labor Court Act is prescribed with the consent of the Federal Council: Unofficial table of contents

§ 1 Forms

(1) The procedure for the payment procedure in the case of the courts for work shall be introduced
1.
the form specified in Appendix 1 for the Mahn and the Enforcement Order;
2.
the form specified in Appendix 2 for the objection.
This shall not apply to payment methods in which:
1.
the applicant operates the payment method by machine,
2.
the letter of formal notice abroad or under Article 32 of the Additional Agreement to the NATO military statute of 3 August 1959 (BGBl. 1961 II p. 1183, 1218).
(2) The form specified in Appendix 1 shall be in the form of a copy in the format of DIN A 4. The paper weight shall be at least 60 g/m2. For the preliminary sheet, light blue (DIN 19300), for sheet 3 light yellow (DIN 19300) paper, for the remaining leaves white paper is to be used. The piercing means must be such that the readability of the copies is ensured. Non-read-out media (self-piercing paper) may be used if the form is not sent to the court by postal consignment or if it is packaged with sufficient packaging is protected against imprint during transmission. The same shall apply in the case of a copy of the copy without the need for a copy provided in the carrier sheets for the copy of the copy. (3) The following deviations from the form specified in Appendix 1 shall be permitted:
1.
The user can use the form without the form, without the number of sheets on sheet 1, without the indication of the filling instructions in the last sentence of the delivery message, without which the information on the form is not available. , on the front of the sheet 3 and without the filling instructions on the back of the sheet 3.
2.
The names of the legal representatives on the back of the sheets 1 to 5 may be printed, for which the space provided for the name of the legal representatives is not sufficient. In these cases, a corresponding notice must be printed on the front of these sheets.
3.
The user may, by way of derogation from the classification provided for in pages 1 to 5, carry out the section referred to in sheet 1 by points 3 to 8, if this classification is not appropriate for his or her particulars and by means of which: different classification is not made more difficult for the understanding of the form.
4.
Corrections based on a change in legislation.
(4) The form specified in Appendix 2 shall be carried out on light-red paper. It may also be provided as a copy set with a third sheet for a copy of the objection to be reserved by the defendant. Unofficial table of contents

§ 1a Labeling by writing program

The form specified in Appendix 1 may be used in a part of the form for the application for the right of payment and in a part of the form set out in sheets 3 to 5 of the form for the application for the adoption of the document, as provided for in the first to the third part of the document. Execution modestals are used in an execution in which the sheets are to be individually labeled using a writing program. The programme must:
1.
ensure that the information to be transferred from Sheet 1 to Sheet 2 to 5 and the sheet to be transferred from Sheet 3 to Sheet 4 and 5 is consistent,
2.
be sufficiently protected against changing interventions in the information to be transferred to the subsequent leaves, and
3.
provide for the filling of the lower field of inscription on the sheet 3 to be set up with the request for the adoption of the letter of payment and on sheet 4.
The manufacturer of the forms and the manufacturer and the name of the programme used for the labelling shall be made visible at least on sheet 1 and on the sheet 3 used for the application for the adoption of the enforceable document. In the free field, sheet 1 must contain, in addition to the room for the entrance stamp of the court, instead of the address window provided there: " The information on the contents of the letter of payment on this sheet signed by me shall be correct with which are the same on sheets 2 and 3. " In the page 3 to be submitted with the request for notice of payment, the delivery message shall not include the last sentence and the form on the back. The sheet 3 used for the application for the adoption of the order for enforcement shall be listed without the delivery message and shall be placed in the free field next to the room for the entry stamp of the court in place of the place of entry for the order. " The date of payment of the letter of formal notice notified to me by the court was correctly and completely transferred to the sheet 3 used for the adoption of the enforcement order, and by my signature or by the date of the notice of the letter of notice, or my electronic signature confirms. The information on the content of the enforcement order on this sheet is consistent with those on sheets 4 and 5. ". After consultation with the Court of First Instance, the two sub-folders may be the additional sheet which is already completed by the applicant with the name and address and the second partial form also with the business number of the court. (3) The sheets shall be provided with a copy of the document, which shall also ensure the legibility of the copies in the case of a handwritten processing by the court; § 1 (2) sentence 5 shall apply (4) If the order for payment is made by a lawyer, only the form the application referred to in paragraphs 1 to 3 shall be admissible. (5) The courts in the case of work shall also be able to draw up the execution referred to in paragraph 1 using a data processing programme. The programme shall comply with the requirements laid down in the second sentence of paragraph 1. The manufacturer of the forms must be recognisable at least on sheet 1 and in the sheet 3 used for the application for the adoption of the enforcement order. (6) The application of the above mentioned deficiencies shall not be attributed to the Court of First Instance. to suspend the rules until the cause is fixed. Unofficial table of contents

Section 2 Information on consumer loans and financial support

(1) In the case of an entreponent or in the event of the assignment of the Zessionar claims arising from a contract pursuant to Sections 491 to 509 of the Civil Code, the trader or the assignee shall have the right to claim the right to claim the title of the claim. In addition, the field of the form specified in Appendix 1 shall provide the following information (Section 690 (1) (3) of the Code of Civil Procedure):
" Claim from the contract in accordance with § § 491 to 509 of the Civil Code of .... Effective Annual Rate ...% ".
In the cases of § 504 and § 505 of the German Civil Code, it is sufficient to specify:
"Claim from the contract in accordance with § § 491 to 509 of the Civil Code". (2) Power an entrepre or, in the event of the assignment of the Zessionar, claims from a contract for which the Consumer Credit Act applies, the trader or the assignee must also provide the following information in the field of the form specified in Appendix 1 for the claims designation (Section 690 (1) (3) of the Code of Civil Procedure):
" Claim from the contract of ... for which the Consumer Credit Act applies. Effective Annual Rate ...% ".
In the cases of § 5 of the Consumer Credit Act, it is sufficient to specify:
"Claim from the contract for which the Consumer Credit Act applies". Unofficial table of contents

§ 2a Overline provision

The forms previously introduced may be used until 30 April 2015 if they are to be used in Annex 1, as amended by Article 32 (1) of the "Act on the introduction of the euro in the law of the law and in the laws of the criminal and criminal law". On the right, on the amendment of the Mahnvordruck Regulations as well as on the amendment of other laws " of 13 December 2001 (BGBl. 3574).

Footnote

§ 2a Cursive pressure: Should be correct "Administrative Offender Law" Unofficial table of contents

§ 3 Entry into force

This Regulation shall enter into force on 1 January 1978. Unofficial table of contents

Final formula

The Federal Minister
for work and social order
Ehrenberg Unofficial table of contents

Appendix 1

(Fundstelle: BGBl. I 2014, 1568-1580) Form
for the decision of the Mahn and the enforcement of the enforcement order PDF document is displayed in your own window Unofficial table of contents

Appendix 2

(Fundstelle: BGBl. I 2001, 379-382) Annex