Regulation on the introduction of the order for the payment procedure

Unofficial table of contents

MahnVordrV

Date of completion: 06.05.1977

Full quote:

" Regulation on the introduction of the order for payment of the order for payment of 6 May 1977 (BGBl. 693), as last amended by Article 8 (4) of the Law of 29 July 2009 (BGBl I). 2355).

Status:

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

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.7.1977 + + +)   

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Input formula

On the basis of Article 1 (95) of the Simplification Amendment of 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, is decreed with the consent of the Bundesrat: Unofficial table of contents

§ 1 Forms for non-machine processing

(1) For criminal proceedings in the courts which do not machine the procedures, the procedure shall be:

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 does not apply to payment methods in which the letter of formal notice abroad or Article 32 of the Additional Agreement to the NATO military statute of 3 August 1959 (BGBl. (2) The form specified in Appendix 1 is to be executed as a copy set in the format DIN A 4. The paper weight shall be at least 60 g/m2. For sheet 1, light green (DIN 19300), for sheet 3 light yellow (DIN 19300) paper, is intended 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 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 7, 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 used as a copy of a third sheet for a copy of the objection to be reserved by the defendant. (5) The masculine names on the front pages of the forms may be used as a copy. are replaced by feminine personal names. Unofficial table of contents

§ 1a Labeling by writing program

(1) The persons and bodies referred to in Article 174 (1) of the Code of Civil Procedure may form the form specified in Appendix 1 in a part of the form for the application for the right of payment and in a part of sheet 3 to 3 of the form for the application for the application of the order for the order of payment of the order of the 5. Use the existing part of the form for the application for the execution of the enforcement order in an execution in which the sheets are individually marked with the aid of a writing programme. 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.

the filling of the lower field of inscription on the sheet 3 to be submitted with the request for payment of the letter of payment, and on sheet 4

(2) The manufacturer of the forms and the manufacturer and the name of the programme used for the labelling must be recognised at least on sheet 1 and on the sheet 3 used for the application for the adoption of the enforcement order done. In addition to the room for the entry stamp of the court, sheet 1 must contain, in place of the address window provided there, the note: " The information on the content of the letter of payment on this sheet signed by me shall be correct with the 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 transcripts is guaranteed; § 1 (2) sentence 5 applies accordingly. (4) The application of the above provisions is to be suspended until the cause is remedied. 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 Section 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 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

Section 2a Transition to the euro

(1) For payment procedures relating to the payment of a certain sum of money in euro, the form specified in Appendix 1 shall be introduced in a version in which the term "DM" in all parts shall be replaced by the term "euro" or "EUR" (2) The forms may be accompanied by additional information concerning their handling and understanding with regard to the monetary unit and the information provided by the Council. of the European Union irrevocably, in accordance with Article 109l (4), first sentence, of the EC Treaty (3) If, before 1 January 2002, a letter of formal notice has been issued in the Deutsche Mark currency unit using the form set out in the form of a copy, the applicant may: use the sheets 3, 4 and 5 of a new form, exported with the currency denomination "euro" or "EUR", for the application for the adoption of a declaration of enforceability, if the information contained in the sheet 3 used as a delivery message is included in the form Transfers to the contents of the letter of payment to the leaves of the new form, and 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 on the conversion rates between the euro and the currencies of the Member States, which Introduction of the Euro 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 compliance with Article 5 of Council Regulation (EC) No 1103/97 of 17 June 1997 on certain provisions relating to the introduction of the euro (OJ L 378, 27.10.1997, 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 content of the document of payment on this sheet signed by me shall be correct with those on sheet 2 and 3. The amounts of money shall be converted using the official rate of 1 euro = 1,95583 Deutsche Mark. " The delivery message must be accompanied by a request for the adoption of the enforcement order. (4) Before 1 January 2002, a letter of formal notice in the Deutsche Mark currency unit using the form according to § 1a (1) (1) (1). , the application for the adoption of a declaration of enforcement may differ from the information on the content of the letter of formal notice to sheets 2 and 3 in so far as a form with the currency denomination "euro" or "EUR" is used and the amounts of money having regard to the provisions of Council Regulation (EC) No 2866/98 of 31 December 1998 OJ L 327, 28.12.1998, p. on the conversion rates between the euro and the currencies of the Member States which adopt the euro (OJ L 327, 28.4.2002, 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 compliance with Article 5 of Council Regulation (EC) No 1103/97 of 17 June 1997 on certain provisions relating to the introduction of the euro (OJ L 378, 27.10.1997, 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." Unofficial table of contents

Section 2b Overline provision

The forms previously imported may continue to be used until 31 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 previously introduced may continue to be used until 31 December 2003 if they are to be used in Annex 1, as amended by Article 6 (2) of the Civil Process Reform Act of 27 July 2001 (BGBl). I p. 1887). Unofficial table of contents

§ 3 Entry into force

This Regulation shall enter into force on 1 July 1977. Unofficial table of contents

Final formula

The Federal Minister for Justice Unofficial table of contents

Appendix 1

< Content: non-representable forms,
Fundstelle: BGBl. I 1991, 1549-1562,
with regard to of the individual amendments. Footnote > Unofficial table of contents

Appendix 2

< Content: non-representable forms,
Fundstelle: BGBl. I 1991, 1563-1566,
with regard to of the individual amendments. Footnote >