Not paying invoice? Legal advice & tips

Questioner

If I don't want to pay an invoice because I think I don't have to pay it. What exactly happens? I receive a summons and then go to the subdistrict court? If I win, do I have to pay anything at all and what do I have to pay if I lose? This concerns an amount of 175 euros.

Lawyer

The question is whether the other party will go to court for that amount. However, you should only let it get that far if you are certain that you do not have to pay legally. In the event of a procedure, the losing party must pay the bailiff's costs (for the summons approx. 100 euros) and the court fee (75 to 112 euros). The judge also usually determines an amount of compensation for the legal assistance of the winning party (the amount depends on many circumstances and I cannot indicate). This must be requested in the summons or in the defense (formally: conclusion of answer).

Lawyer

Dear questioner, It is important that you state the reason why you believe you do not have to pay; is there a purchase agreement and are you dissatisfied with the product; have you already done business with the other party and do you believe you still have something to claim from a legal act that took place before that; is there perhaps even a tort against you? If you believe you have a counterclaim for breach of contract, settlement/suspension or tort, you must state this in your answer. The way the answer is formulated is very important. You may also defend yourself orally in court, but writing is preferred. If you could use some help with this written phase, you can contact me directly. We can look at the possibilities together offline.