What Happens If You Ignore a Lawsuit from Germany -- And What You Can Do Now
Received a lawsuit from a German court? Learn about key deadlines, default judgments, and EU-wide enforcement -- and how to protect your business.
Received a Lawsuit from Germany – Missed Deadlines?
Many business owners abroad are surprised when they suddenly receive a lawsuit from a German court. With busy schedules, customer orders, and deliveries, there is often little time to deal with legal documents.
The result: Deadlines are missed, the lawsuit remains unanswered – leading to serious financial consequences.
Common Misconception: “We’re Abroad – They Can’t Reach Us”
Many companies believe they are safe from legal action because they are located outside Germany. However, this belief is dangerous and costly.
Facts:
- A German judgment can be enforced across the EU without obstacles.
- No separate recognition procedure is required.
- The legal basis: EU Regulation No. 1215/2012 (Brussels Ia Regulation).
Ignoring the Lawsuit? Risk of a Default Judgment
What Happens If You Do Nothing:
- The court decides entirely in favor of the claimant.
- Whether the claim is justified is not examined.
- You must pay additional court costs and legal fees.
Key Deadlines You Must Know
Notice of Defense (§ 276 ZPO)
You must inform the court within 2 weeks (or 1 month if abroad) that you intend to defend against the claim.
Statement of Defense
After that, the court will set a deadline for a written defense – usually another 2–4 weeks.
Important: Anyone who misses these deadlines automatically loses the case – without a substantive examination of the claim. The claimant’s factual allegations are generally treated as admitted.
Enforcing a German Judgment Abroad – How It Works
Process:
- The claimant requests a certified enforceable copy of the judgment from the German court.
- A certificate under Art. 53 Brussels Ia Regulation is issued.
- Enforcement is carried out directly by local authorities abroad.
Example: In Bulgaria, the judgment is enforced by a bailiff. Bank accounts may be frozen, and assets seized.
Warning: Invoices and Payment Orders
Even if no service was delivered, you can be forced to pay if deadlines are missed.
Typical Traps:
- An invoice is issued, although the amount was never agreed upon.
- A payment order is filed, and you fail to oppose it in time.
No court review is required – a legally binding enforcement title is created and applies throughout the EU. The court does not check if the claim is justified.
Received a default judgment? Check the objection deadline immediately
A party against whom a default judgment has been entered generally has the right to lodge an objection (Einspruch). However, the objection must also be filed within the applicable time limit.
If all deadlines have already been missed, it is necessary to examine whether relief from the consequences of missing a deadline (Wiedereinsetzung) is available. Defective service may also provide an opportunity to challenge the decision. If enforcement is already underway, measures to protect against enforcement must also be considered.
So: Don’t Wait – Act Immediately!
Protect Your Business – Here’s How
- Record all deadlines as soon as legal documents arrive.
- Never ignore a lawsuit – even if the claim seems unjustified.
- Immediately seek legal advice from a German attorney.
- Scan and send all documents for review without delay.
Conclusion: Act Now – Before It’s Too Late
Ignoring a German lawsuit leads to automatic payment orders, even if no service was provided. German judgments are enforced EU-wide – resulting in asset freezes, property loss, and financial damage.
IVANOV.LAW – Your Legal Partner for German Lawsuits
If you need legal assistance or are already facing enforcement, we are here to help. Fast action protects your assets.
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