Basics to legal court fees in Germany and our offer
If the debtor does not react to our request for payment (dunning letter/reminders) or telephone calls and all measures taken to force the debtor to payment turned out with no result, the institution of court proceedings are recommended by lack of other possibilities to force the debtor to payment out of court.
German courts always require an advance payment of the court fees. Otherwise the court will reject any action. Basically in Germany court and lawyer fees are related to a legal table (see below). Therefore this scale of fees is binding by law.
But we would like to point out that in Germany the unsuccessful party in court proceedings has to pay all fees and costs of the court and lawyer fees by Law.
Therefore the debtor has to take over and to refund all fees (including court fees) in case of a judgment to the favour of the client.
German Law Firms are subject to the German federal law regarding Lawyers Fees (Rechtanwaltsvergütungsgesetz, RVG). Success fees (contingency fees) are basically not legal in Germany and Law Firms are legally bound to charge at the RVG. It is absolutely common to ask for a retainer. As a matter of course it is in general possible to find an individual agreement, especially in case of multiple debts (no retainer) or the take over of the complete claim management.
Fees in court proceedings - conditions and offers
Before starting any court proceedings we request for your consent and try to get information about the solvency of the debtor.
Please note that we are able to represent your interests all over Germany. Our Lawyers are called to the bar at every court in Germany (except BGH).
We kindly ask for your understanding, that besides our offers in general court fees cannot be covered by our office, meaning that the client has to provide us with the court fees in advance. The plaintiff has to pay court fees in advance.
The court and lawyer fees relate to a legal table (Table 1 see below), which is binding by law. The amount depends on the amount in controversy (amount of claim). You also find explanations how to calculate the fees in your case.
Besides the legal table we offer better conditions to keep your fees small:
Often it is possible to achieve a writ of execution/judgment and to collect the debt without investing regular fees in total (in legal dunning proceedings, court summons, "order to pay a debt").
Special offer in out-of-court proceedings and court proceedings
We offer not to charge any commission or contingency fee at all in out-of-court proceedings if
- the claim is not older than 3 years (2 years in transport industry)
- we dispose of a valid postal address and all contact details of the debtor
- we dispose of all documents like invoices, contract, delivery notes (POD’s), CMR in transport business, correspondence
- we dispose of a signed Letter of Authorisation (PoA), check information below
We offer to charge only court fees in court proceedings if
all the above conditions are met
- the principal claim and amount owed are below 15,000 EUR and more than 500 EUR
- no objections of the debtor are known
- the debtor does not object by filing an objection to the court
- the debtor is still solvent on the basis of our prior examination
It is therefore possible to achieve an enforceable enforcement order, writ of execution resp. judgment with an investment of 50-300 EUR depending on the amount of the claim. Please note that in Germany a legal table with the court and lawyer's fees applies. Check the legal table here>>
Please understand that we must reserve the right to check all these details before confirming these conditions. These conditions do not apply in the event of insolvency proceedings. The fees for enforcement proceedings are difficult to predict, but are regularly in the range of 50-150 EUR.
Please ask for your individual offer for free!
We reserve to claim for the total of the legal fees if the debtor lodges an appeal against a court order or contests the debt in court proceedings (defect of goods, malperformance, late delivery, breach of contract, counterclaims etc.). We will inform you about the total of fees at an early stage or on request. Certainly you can decide not pursue the claim further on.
In this case we charge in accordance with the legal table for Court and Lawyer fees like mentioned in Table 1.
At this stage of proceedings we have to check the legal position in-depth, have to file a Statement of Claim in detail and further pleadings to the court, have to present documents and proof to the court, have to refute the assertions of the debtor in detail and have to attend to court hearings.
To estimate fees in court proceedings the amounts of the red marked line/row of the legal table below are to add (see last column "in total").
In court proceedings Lawyer fees are amounting as follows: for initiating/institution and performing/conducting court proceedings a German Lawyer is entitled to charge:
- a 1,3 fee (initiating proceedings - all communications, discussions with the client, research of facts and information, preparation of Statement of Claim, pleadings, applications) and
- a 1,2 fee (conducting of court proceedings, all court hearings, communication with the client and the counterparty)
related to the legal table like performed in the schedule mentioned below.
Here you find the legal table for Court and Lawyer's Fees (extract).
For court proceedings please add up the amounts of the red marked line/row*.
Table 1 - Legal Table for Fees in Germany
sum in dispute EUR
amount of your claim
up to 500,00
up to 1000.00
up to 1500.00
up to 2,000.00
up to 3,000.00
up to 4,000.00
up to 5,000.00
up to 6,000.00
up to 7,000.00
up to 8,000.00
up to 9,000.00
up to 10,000.00
up to 13,000.00
up to 16,000.00
up to 19,000.00
up to 22,000.00
up to 25,000.00
up to 30,000.00
up to 35,000.00
up to 40,000.00
up to 45,000.00
up to 50,000.00
up to 65,000.00
up to 80,000.00
up to 95,000.00
up to 110,000.00
up to 125,000.00
up to 140,000.00
up to 155,000.00
up to 170,000.00
up to 185,000.00
up to 200,000.00
more than 200,000.00
Please contact us!
*not included: expenses for copies, translations, expert report fees, travel expenses (court), court hearing (150,00 EUR-350,00 EUR), costs and fees of enforcement proceedings (like bailiff, seizure of bank accounts etc.).
To calculate the worst-case-risk (you would lose the case in total) you have to consider 3 steps:
1. Choose the line of your claim
2. Add the red marked amounts in the line
3. Add (only) Lawyer's fees once more (fees of the opposite Lawyer)
Example: Your claim is 13,150.59 EUR
1. Choose the line of your claim: it is the line "up to 16,000.00"
2. Add the red columns in the line: 879.00 + 780.00 + 845.00 = 2,504.00
3. Add (only) Lawyer's fees once more (fees of the opposite Lawyer):
2,504.00 + 780.00 + 845.00 = the risk is 4,129.00 EUR