Objection to a payment order (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.
An objection (Einspruch) to a conditional payment order from the Austrian Mahnverfahren (§ 248 of the Austrian Code of Civil Procedure, ZPO), with the case number (Geschäftszahl), the claimant, the amount and the date of service. The deadline is four weeks from service and cannot be extended; at a Bezirksgericht an objection without reasons and without a lawyer is enough (§ 448 ZPO), and a hearing follows. If the order itself says a lawyer and a full defence are required, this letter is not the right one. Not by e-mail: file it by post, in person at the court or through JustizOnline with ID Austria. In German.
What you fill in
The details the document asks for.
- Defendant (the person the order is against)
- Defendant's address
- Court that issued the payment order
- Court's address (street and number, postcode and town)
- City
- Date
- Case number
- Claimant (who filed the claim)
- Amount in the payment order (euro)
- Date the payment order was served
- How much of the claim you dispute (all of it or only part)
- Disputed part in euros (only for a partial objection)
- Grounds for the objection (optional — not required at a district court)
Preview
This document is produced for you. Your answers are typed into it and the finished PDF is yours to keep.
Common questions
- How long is there in Austria to object to a payment order?
- Four weeks from service of the payment order; the deadline cannot be extended (§ 248 ZPO). For this deadline the days in the post do not count: it is enough to post the objection to the right court on the last day (§ 89 GOG). Miss the deadline and the payment order becomes final and enforceable, even if the claim was not justified.
- Do reasons have to be given for an objection to an Austrian payment order?
- Not at a Bezirksgericht: a sentence such as “Ich erhebe Einspruch” is enough, and you need no lawyer for it (§ 448 ZPO); the payment order lapses, and the court summons the parties to a hearing where you put your objections. It is different if the order itself states that the objection must have the content of a full defence and be filed by a lawyer (§ 246 ZPO), as at a Landesgericht: then this letter is not the right one, and you need a lawyer.
- How is the objection filed with an Austrian court?
- In writing to the court that issued the payment order, quoting the Geschäftszahl: by post, ideally registered, in person at the court, or free of charge through JustizOnline with ID Austria. If a Bezirksgericht issued the order, you can also make the objection orally, for the record, at the Bezirksgericht where you live (§ 448 ZPO). The objection cannot be filed by e-mail. Keep a copy and the posting receipt. If the claim is only partly justified, a visit to the Bezirksgericht's advice day (Amtstag) within the objection period can help.
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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