There is reason to go to court if the probability of winning is high and it can be assumed that the claim will be satisfied in the event of a positive decision. In the event of a win, the other party will bear the legal costs and the state fee paid by you. In addition, it may be wise to go to court even if the facts are not black and white or in your favour and there is sufficient evidence. In this case, the aim could be to find a compromise, which is always better than no solution. It may also be justified to initiate legal proceedings in order to rule out an objection that the claim is time-barred.
You can choose between two types of court proceeding:
- Expedited order for payment procedure means a simplified written procedure which allows a debt settlement to be settled more quickly and at a lower cost. There is no court hearing in the expedited order for payment procedure and the court makes a decision only on the basis of the application for the expedited order for payment procedure. Claims exceeding 6400 euros, along with ancillary claims, as well as claims related to non-contractual damage cannot be processed in the expedited payment order procedure.
Claim proceedings – are generally more costly, complicated and time-consuming than expedited payment order proceedings. However, in an action, it is possible to bring all possible claims against the debtor, regardless of their size and grounds.