Timeline of activities for reminder procedures involving labour courts
A reminder procedure involving labour courts requires the following steps:
Writing a payment reminder yourself
|Writing a reminder yourself|
Remember to issue the court order immediately – If the stipulated payment deadline has expired, you can directly have a court order issued provided that your employment contract stipulates a deadline for payment of e.g. wages or salary.
Your reminder - It is also possible to send a reminder notice or dunning letter to the debtor yourself in which you remind the debtor to pay the amount owed and also set a new time limit (5 to 10 days). You should clearly indicate a due date by which the payment must be made (e.g. September 7, 2006). However, these actions are only suggested if you can assume that the debtor will pay as a result.
|Issuing a court order through the labour court|
Application for a court order
- If you wish to apply for a court order from a labour court, the
automated dunning procedure cannot be applied. This is because it is the
labour courts and not the courts responsible for dunning that will issue the
labour-related court order.
Applying for a court order through the labour court can be done in 3 ways:
Processing by the labour court – The labour court checks the completed application (e.g. if all necessary information is complete, or if the default interest has been calculated correctly). The correctness of the claim is not verified at this point. The labour court then issues the court order and sends it to the debtor in default. Now the debtor has the opportunity to settle the debt or file an objection against the court order within one week.
Online request of court order
issue by the labour court – With the help of our website, you can request our
law office online to issue a court order.
The following steps are involved in issuing a court order by the labour court:
Follow this link to view more information on the costs which arise in
reminder procedure involving labour courts:
|Issuing an enforcement order|
proceed – If the debtor does not pay after receiving the reminder and
does not file an objection, the creditor can apply for an
enforcement order at the labour court one week following expiration of the
time limit. This order is then issued by the labour court and sent to the
debtor. The debtor once again has one week for payment or to file an appeal.
Execution warrant - If the debtor does not pay or file an objection following expiration of this second deadline, the applicant receives a ”title“, or execution warrant. With this title the bailiff can perform garnishment of the debtor’s assets. It is also possible to garnish bank accounts or wages.
Debtor’s objection – If the debtor files an objection, the dunning procedure will become a lawsuit, since your claim is now in dispute by the debtor. In this case, a lawsuit will determine whether and to what amount your claim is valid.
Compulsory execution - With the help of the enforcement order it is
possible to begin enforcement proceedings to collect outstanding claims,
provided that the debtor has not yet paid.
The following execution measures are available:
Additional detailed information is provided at:
All information is presented to the best of our knowledge. We assume no responsibility for its correctness!