Regulation On The Introduction Of Printing For The Labor Order For Payment Procedure

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

Read the untranslated law here: http://www.gesetze-im-internet.de/agmahnvordrv/BJNR026250977.html

Regulation on the introduction of printing for the labor procedure AGMahnVordrV Ausfertigung date: 15.12.1977 full quotation: "regulation on the introduction of printing for the labor procedure from December 15, 1977 (BGBl. I S. 2625), most recently by article 1 of the Decree of 30 September 2014 (BGBl. I p. 1566) is changed" stand: last amended by art. 1 V v. 30.9.2014 I in 1566 for more information on the stand number found in the menu see remarks footnote (+++ text detection from) : 1.1.1978 +++) input formula to bottom of article 3 No. 2 of the simplifying amendment of December 3, 1976 (BGBl. I S. 3281) inserted section 46a paragraph 7 of the Labour Court Act is prescribed with the consent of the Federal Council: § 1 (1) forms for the order for payment procedure in the courts for labour disputes be introduced 1 the form specified in annex 1 for the reminder and the writ of execution, 2. in Appendix 2 certain form for the notice of opposition.
This does not apply to the order for payment procedure, in which 1 the applicant automatically operates the order for payment procedure, 2. the order for payment abroad or under article 32 of the supplementary agreement to the NATO status by August 3, 1959 (BGBl. 1961 II p. 1183, 1218) is to deliver.
(2) the form in Appendix 1 is run as a through writing set in the format DIN A 4. The paper weight should be at least 60 g / sqm. For the first page is light blue (DIN 19300), paper, for the remaining leaves are used for leaf 3 of light yellow (DIN 19300) white paper. The Durchschreibemittel must be such that the readability of the copies is guaranteed. Durchschreibemittel, which cannot be removed from the transmitted set of writing can be (self-durchschreibendes paper), may be used if the form is not submitted by mailing to the Court, or if he is protected by adequate packaging before printing out during the delivery. The same applies to a the set is running of through writing without the outline provided in the carrier sheets for the Durchschreibemittel.
(3) the following derogations from the form given in Schedule 1: 1 the user can form without the first page, without the design sheet, without the numbers on sheet 1, without pointing out the fill information in the last sentence of the delivery message, without which these numbers on the front of the sheet 3 and without the fill-in notes on the back of sheet 3 relating to fill instructions be carried out relating to the first page.
2. users, for which the room intended for the name of the legal representative is not sufficient, allow 1 to 5 print the name of the legal representative on the back of the leaves. In these cases, a corresponding indication must be printed on the front of these leaves.
3. the user can leave leaves 1 to 5 by way of derogation from the envisaged Division perform in the section, which is referred to on sheet 1 through 3 to 8 numbers, if this is not appropriate for its information and is not complicated by the different classification understanding of the form.
4. adjustments based on a change of legislation.
(4) the form specified in annex 2 to run on red paper. He can be provided both through writing set with a third sheet for a by the defendant to keep back copies of opposition.

§ 1a label with writing program (1) in annex 1 specific form can be used in a part of the form for the application to adoption of the payment order and in a part of the form for the application for the enforcement decision in a version consisting of 3 to 5 leaf consisting of sheet 1 to 3, to label the sheets one at a time by using a writing program are. The program must 1 conformity of sheet 1 to sheet 2 to 5 and the guarantee of sheet 3 on page 4 and 5 for transmitting information, 2 against changing interventions in which the result sheets for transferring information be sufficiently protected and the filling in of the lower address field to be submitted with the application for payment order sheet 3 and on sheet 4 3.
(2) the manufacturer of the forms, as well as the manufacturer and the name of the program used for the label must be clearly made at least on sheet 1 and sheet used for the application of the enforcement decision 3. Sheet 1 free field next to the room for the stamp of the Court instead of the specified address window must include the notice: "The details of the content of payment order on this sheet signed by me on sheet 2 and 3 match." In the to be submitted with the application for payment order sheet 3 the last sentence and the form accounts for in the notification message on the back. The sheet 3 is used for the application of the enforcement decision shall be listed without the delivery message and must include the notice in the free field next to the room for the stamp of the Court instead of the specified address window: "the date of the payment order communicated to me by the Court has been correctly and completely transferred to the sheet used for the adoption of the enforcement decision 3 and confirmed by my signature or my electronic signature. The details of the content of the enforcement decision on this sheet on page 4 and 5 match. "." After voting with the Court can be attached with name and address and the second part form with the business number of the Court form of certificate of post service as each additional sheet that already by the applicant preparing the two forms of part.
(3) the leaves will be provided with a Durchschreibemittel, which ensures the readability of the copies handwritten treatment by the Court; Article 1, paragraph 2, sentence 5 shall apply mutatis mutandis.
(4) the order for payment application provided by a lawyer, only the form is permitted the paragraphs 1 to 3 submission to.
(5) the courts for labour disputes can create the execution referred to in paragraph 1 by using a data processing program. The program which must meet set 2 requirements provided in paragraph 1. The manufacturer of the forms must be recognizable at least on sheet 1 and sheet used for the application of the enforcement decision 3.
(6) attributable to faults not the Court, is the application of the foregoing provisions to suspend until the cause is resolved.

Section 2 gives information on consumer loans and financial assistance (1) an entrepreneur or in the case of assignment the assignee claims arising from a contract pursuant to §§ 491-509 of the civil code States so has to make the entrepreneurs or the transferee in addition following the provided for the claim name field of the form given in Appendix 1 (section 690 para 1 No. 3 of the code of civil procedure) : "Claim arising from the contract in accordance with §§ 491-509 of the Civil Code of the..." Annual percentage rate... % "."
In the cases of § 504 and section 505 of the civil code is sufficient to state: "Claim under contract in accordance with §§ 491-509 of the civil code".
(2) an entrepreneur makes or in the case of assignment the assignee claims a contract claim, applies the consumer credit law, so has to make the entrepreneurs or the transferee in addition following the provided for the claim name field of the form given in Appendix 1 (section 690 para 1 No. 3 of the code of civil procedure): "claim in contract of the..., the consumer credit Act applies." Annual percentage rate... % "."
In the cases of § 5 of the consumer credit Act is sufficient to state: "Claim in contract, for which the consumer credit Act applies".

paragraph 2a of the reconciliation rule previously introduced forms can be used until 30 April 2015, if they annex 1 as amended by article 32 number 1 of the "law for the introduction of the euro in judicial laws and laws of criminal and Ordungswidrigkeitenrechts, to change the reminder form regulations and amending other laws" of 13 December 2001 (Federal Law Gazette I p. 3574) correspond to.
Footnote paragraph 2a of italics: "Administrative law" loud § 3 should properly entry into force this regulation enters into force on 1 January 1978.

Concluding formula of the Federal Minister for labour and Social Affairs Ehrenberg Appendix 1 (site: BGBl. I 2014, 1568 - 1580) form for the reminder and enforcement PDF document is displayed in its own window Appendix 2 (site: Federal Law Gazette I 2001, 379-382) plant