Out-of-court settlement of a money claim (Austria)
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This document is in German
The PDF you download is in German — that is the language it has to be filed in, so it is not translated. Everything on this page is here to tell you what it says.
A settlement under §§ 1380 ff of the Austrian Civil Code (ABGB) in which creditor and debtor end a dispute over a money claim by mutual concessions: the disputed claim, the settlement sum, payment in one sum or in instalments, acceleration on default, a full-and-final clause and who bears the duty. Important: a written out-of-court settlement in Austria attracts a legal-transaction duty of 2% of the combined value of what both sides undertake, 1% if a court case is pending (§ 33 TP 20 GebG). An immediately enforceable settlement (prätorischer Vergleich) is made at the Bezirksgericht. In German, signed by both.
What you fill in
The details the document asks for.
- Creditor
- Creditor's academic degree (if any)
- Creditor's date of birth
- Creditor's address
- Debtor
- Debtor's academic degree (if any)
- Debtor's date of birth
- Debtor's address
- Claimed amount
- Basis of the obligation
- What the dispute is about
- Settlement sum (euro)
- Settlement sum in words
- Payment in one sum or in instalments
- Payment deadline
- Number of instalments
- Amount of each monthly instalment
- Due date of the first instalment
- IBAN
- Days in default
- What happens if a settlement payment is overdue
- Pending court case: court and case number (only if a claim has been filed)
- Who bears the stamp duty on the settlement
- Are the parties married to each other or registered partners?
- City
- Date
Preview
This document is produced for you. Your answers are typed into it and the finished PDF is yours to keep.
Common questions
- Why does a written out-of-court settlement in Austria attract a duty?
- The Austrian Fees Act (GebG) taxes an out-of-court settlement as a legal transaction once a signed document is made: 2% of the total value of what each side undertakes, or 1% if the settlement ends a pending lawsuit (§ 33 TP 20 GebG). It must be reported to the Finanzamt Österreich (form Geb 1) and paid by the 15th day of the second month after signing; the settlement says who bears it, but only as between the parties. How you shape your settlement is your own decision — this document gives no advice on it.
- What is a prätorischer Vergleich at an Austrian Bezirksgericht?
- A settlement the parties make before the Bezirksgericht before any lawsuit is filed (§ 433 ZPO). The court records it, and it is an execution title (§ 1 Z 5 EO): if the debtor does not pay, the creditor can apply for enforcement without suing, and only half the flat court fee (Pauschalgebühr) applies. The out-of-court settlement in this document, by contrast, is no execution title — if it is not paid, the creditor first needs a payment order or a judgment.
- What applies in Austria if the settlement provides for instalments or the parties are married?
- If a business grants a consumer instalments in a settlement, that can be consumer credit, with duties of its own for the business; for contracts from 20.11.2026 the VKrG 2026 applies. This document is not meant for that case. Between spouses, and between registered partners, an acknowledgement of debt is valid only as a notarial deed (§ 1 Abs 1 lit b NotAktsG, § 43 EPG), so the settlement asks about it.
How you can sign this document
- Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
- Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked
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