Regulation On The Implementation Of Forms For The Order For Payment Procedure

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

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Regulation on the introduction of order forms for the order for payment

Non-official table of contents

MahnVordrV

Date of expend: 06.05.1977

Full quote:

" Regulation on the introduction of pre-forms for the Mahny of 6. May 1977 (BGBl. 693), as last amended by Article 8 (4) of the Law of 29. July 2009 (BGBl. I p. 2355) has been amended "

:Last modified Art. 8 (4) G v. 29.7.2009 I 2355

See Notes

Footnote

(+ + + Text evidence: 1.7.1977 + + +) 
for more details on the stand specification. name="BJNR006930977BJNE000100306 " />Non-Official Table of Contents

Input Formula

As a result of the simplification amendment of Article 1 (95) of the 3. December 1976 (BGBl. 3281), § 703c (1) sentence 1 and 2 no. 2 of the Code of Civil Procedure in the revised version published in the Bundesgesetzblatt Part III, outline number 310-4, shall be arranged with the consent of the Federal Council: Non-official table of contents

§ 1 Forms for non-machine processing

(1) For payment methods in the courts that do not machine the procedures shall be introduced
1.
the form for the Mahn and the Mahn specified in Appendix 1 Enforcement notice,
2.
the form specified in Appendix 2 for the objection.
This does not apply to payment methods in which the letter of formal notice of the order is sent abroad or pursuant to Article 32 of the Additional Agreement to the NATO Staff Regulations 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 of the format DIN A 4. The paper weight shall be at least 60 g/m2. For sheet 1, a light green (DIN 19300), for sheet 3 light yellow (DIN 19300) paper, is to be used for the remaining leaves white paper. 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 printing during transmission. The same applies to an embodiment of the write-through set without the break-off provided in the carrier sheets for the punctiform means.(3) The following deviations from the form specified in Appendix 1 are allowed:
1.
The user may use the following: Form without the first sheet, without the design sheet, without the number of sheets on sheet 1, without the indication of the filling instructions in the last sentence of the delivery message, without the numbers relating to the filling-out information on the Run the front of the sheet 3 and without the filling instructions on the back of the sheet 3.
2.
The user who is responsible for the name of the legal If a representative space is not sufficient, the name of the legal representatives may be printed on the back of the sheets 1 to 5. In these cases, a corresponding notice must be printed on the front of these sheets.
3.
The user can see the section on sheet 1 by the Points 3 to 7 may be carried out in the leaves 1 to 5, by way of derogation from the classification provided for, provided that this classification is not appropriate for its information and that the divergent classification does not make it possible to understand the form
4.
Corrections based on a change of legislation.
(4) The form specified in Appendix 2 shall be based on light-red paper run. 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.(5) The masculine person designations contained on the front pages of the forms may be replaced by feminine names. Non-official table of contents

§ 1a Labeling by writing program

(1) The persons and entities referred to in § 174 (1) of the Civil Procedure Code the form referred to in Appendix 1 may be used in a part of the form in which the application is made for the purpose of the request for payment of the order of payment and in a part of the form in sheet 3 to 5 of the form for the application for the application of the request for the adoption of the request for the adoption of the Use enforcement modesty in an execution where the sheets are individually labeled with the help of a writing program. The program must
1.
match that of sheet 1 to sheets 2 to 5, and that of sheet 3 on sheet 4 and 5 to be transferred,
2.
to be sufficiently protected against changing interventions in the evidence to be transferred to the folllesheets and
3.
The filling of the lower address field on the sheet 3 and on the sheet 4
to be submitted by the application for the remission of the letter of payment.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 order for enforcement. In the free field, sheet 1 must contain, in addition to the room for the entry stamp of the court, instead of the address window provided there: " The information on the content of the document of payment on this sheet signed by me shall be correct, 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 include the last sentence and the form on the back. The sheet 3 used for the application for the grant of the order for enforcement shall be executed 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 provided for in that document. " The information in the sheet 3 transmitted to me by the court as an delivery message has been completely and correctly transferred to the sheet which I have signed here. The information on the contents of the enforcement order on this sheet shall be consistent with those on sheets 4 and 5. (3) The sheets shall be provided with a copy of the sheets, which shall also be provided by the court in the event of a handwritten processing of the sheets. The legibility of the copies is guaranteed; § 1 (2) sentence 5 shall apply accordingly.(4) The application of the above provisions shall be suspended until such time as the cause is remedied. Non-official table of contents

§ 2 Information on consumer loans and grants

(1) Power an entrepre or in the case of the assignment of the Zessionar claims arising from a contract in accordance with § § 491 to 509 of the Civil Code, the trader or the assignee shall additionally have in the field provided for the claims designation of the form specified in Appendix 1 additional the following information (§ 690 (1) no. 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 of the 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 case of the assignment of the Zessionar claims from a The contract for which the Consumer Credit Act applies shall additionally provide the following information to the trader or the assignee in the field of the form specified in Appendix 1 for the claims designation (Section 690 (1) (3) of the Civil Procedure Code):
" Claim from the Treaty of ..., to 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". Non-official table of contents

§ 2a Transition to the euro

(1) For payment methods that are subject to the payment of a certain sum of money in euros, the form specified in Appendix 1 shall be introduced in a version in which the term "DM" in all parts is replaced by the term "euro" or "EUR" and the amounts of money referred to in the form of the form are denominates in euro.The forms may be accompanied by additional information which is irrevocable to their handling and understanding with regard to the monetary unit and the Council of the European Union referred to in the first sentence of Article 109l (4) of the EC Treaty. , to facilitate the exchange rate fixed for the parties.(3) Is before the 1. In the case of a letter of formal notice in the Deutsche Mark currency unit, issued in January 2002, using the form enacted as a copy, the applicant may, for the application for the adoption of a letter of enforcement, be able to make the sheets 3, 4 and 5 a new form of a new form of the currency denomination "euro" or "EUR", if it transfers the information contained in the sheet 3 used as a delivery message to the contents of the letter of payment to the sheets of the new form and that they differ from the content of the notice of payment only in so far as the amounts of money are used in accordance with the procedure laid down in Council Regulation (EC) No 2866/98 of 31 December 1998. 1 December 1998 on the conversion rates between the euro and the currencies of the Member States adopting the euro (OJ L 327, 28.12.1998, p. EC No 1), irrevocably fixed conversion rates of 1 euro = 1,95583 Deutsche Mark are converted into euro. Rounding required for conversion shall be subject to the provisions of Article 5 of Council Regulation (EC) No 1103/97 of 17 May 1997. June 1997 on certain provisions relating to the introduction of the euro (OJ L 327, 30.4.1997, p. EC No L 162 p. 1). In the free field next to the room for the entrance stamp of the court in the application on sheet 3, the following note must be included: " The information on the contents of the document of payment on this sheet signed by me shall be correct with those on sheets 2 and 3 . The amounts of money shall be converted using the official rate of 1 euro = 1,95583 Deutsche Mark. " The delivery message shall be accompanied by a request for the adoption of the enforcement order filled in this way.(4) Is before the 1. In January 2002, a letter of formal notice was issued in the Deutsche Mark currency unit using the form referred to in § 1a (1), the application for a declaration of enforcement may be subject to the information on the contents of the letter of formal notice on sheets 2 and 3. in so far as a form with the currency denomination "euro" or "EUR" is used and the amounts of money are used in accordance with the provisions of Council Regulation (EC) No 2866/98 of 31 December 1998 on the application of the monetary designation "euro" or "EUR". 1 December 1998 on the conversion rates between the euro and the currencies of the Member States adopting the euro (OJ L 327, 28.12.1998, p. EC No 1), irrevocably fixed conversion rates of 1 euro = 1,95583 Deutsche Mark are converted into euro. Rounding required for conversion shall be subject to the provisions of Article 5 of Council Regulation (EC) No 1103/97 of 17 May 1997. June 1997 on certain provisions relating to the introduction of the euro (OJ L 327, 30.4.1997, p. EC No L 162 p. 1). The words "The amounts of money shall be converted using the official rate of 1 euro = 1,95583 Deutsche Mark", the words "The amounts of money shall be converted into the official rate of 1 euro = 1,95583." Non-official table of contents

§ 2b Overline rule

The pre-printed forms that have been introduced so far can be up to 31. It will continue to be used in December 2002. Corrigenda on the front of sheets 3, 4 and 5 in the line with the following additional cost amounts, in the field provided for the return on costs, shall be permitted. The forms introduced so far can be up to 31. The Commission shall continue to use the provisions of Article 6 (2) of the Law on the Reform of the Civil Process of 27 December 2003, as amended by the Act of 27 June 2003. July 2001 (BGBl. I p. 1887). Non-official table of contents

§ 3 Entry into force

This regulation occurs on the 1. July 1977 in force. Non-official table of contents

Final formula

The Federal Minister for Justice unofficial table of contents

asset 1

< content: non-displayable forms,
site: BGBl. I 1991, 1549-1562,
of the individual amendments, cf. Footnote > unofficial table of contents

asset 2

< content: non-displayable forms,
site: BGBl. I 1991, 1563-1566,
of the individual amendments, cf. Footnote >