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Small Claims Affidavit for Germany

Small Claims Affidavit Template for Germany

A Small Claims Affidavit (Mahnantrag) is a formal legal document used in the German civil justice system for expedited debt collection and small monetary claims. This document is part of the "Mahnverfahren" procedure, which provides a simplified and cost-effective way to obtain an enforceable title without going through a full court trial. The affidavit must comply with specific requirements under the German Civil Procedure Code (ZPO) and typically includes detailed information about the parties involved, the exact claim amount, and the factual basis for the claim. It serves as a sworn statement that initiates the automated court procedure for claims typically up to €5,000.

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What is a Small Claims Affidavit?

A Small Claims Affidavit is a crucial document in the German legal system's streamlined procedure for handling minor monetary disputes and debt collection. This document is specifically designed for use in the "Mahnverfahren" process, which provides an efficient alternative to full court proceedings. It should be used when seeking to recover uncontested debts or clear monetary claims, typically up to €5,000, where the debtor's address is known and located in Germany. The affidavit must contain precise details about the claim, including the exact amount owed, the basis for the claim, and complete information about both parties. This document is particularly valuable for businesses and individuals seeking a cost-effective way to enforce payment claims, as it can lead to an enforceable title without the need for court hearings if the claim remains uncontested.

What sections should be included in a Small Claims Affidavit?

1. Affiant Information: Personal details of the person making the affidavit, including full name, address, and contact information

2. Respondent Information: Complete details of the person or entity against whom the claim is made

3. Jurisdiction Declaration: Statement confirming the court's jurisdiction over the matter based on location and claim amount

4. Claim Amount: Precise statement of the amount being claimed, including any interest or additional costs

5. Statement of Facts: Chronological presentation of the relevant facts supporting the claim

6. Legal Basis: Brief reference to the legal grounds for the claim

7. Prior Attempts at Resolution: Description of attempts made to resolve the dispute before filing

8. Verification Statement: Formal declaration that all stated information is true and accurate to the best of the affiant's knowledge

9. Signature Block: Space for signature, date, and place of signing

What sections are optional to include in a Small Claims Affidavit?

1. Witness Statement: Additional statements from witnesses, if relevant to supporting the claim

2. Payment History: Detailed breakdown of payments made or received, if the claim involves multiple transactions

3. Demand Letters: Reference to previous formal demands for payment or resolution

4. Interest Calculation: Detailed calculation of interest claims, if applicable

5. Language Declaration: Statement regarding translation if any party requires documents in multiple languages

What schedules should be included in a Small Claims Affidavit?

1. Evidence Schedule: List and copies of all supporting documents referenced in the affidavit

2. Calculation Schedule: Detailed breakdown of the claim amount including any interest calculations

3. Correspondence Log: Chronological list of relevant communications between parties

4. Cost Schedule: Itemized list of costs being claimed, including court fees and any legal expenses

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions



















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Relevant Industries

Retail

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