Have you been sued? How to defend yourself

You do not always sue others – sometimes you receive mail from the court: a lawsuit (Klage), a payment order (Mahnbescheid), or an enforcement order (Vollstreckungsbescheid). First things first: Respond within the deadline. If you remain silent, you risk a default judgment or an enforceable title.

How the defense mode works

1. In the Litigation guide, select "I have been sued".
2. Select the received document from My documents – or upload it directly there using "Upload new document" (a photo or PDF is sufficient).
3. The AI recognizes what the document is (lawsuit / Mahnbescheid / Vollstreckungsbescheid) and extracts the key data: court, case reference number, opposing party, amount in dispute – and above all, the deadline. This recognition is free of charge (subject to a daily limit).
4. If the deadline runs from the date of service, you can optionally enter the date of service ("Served on (date on the yellow envelope)") – we will then calculate the deadline end immediately. You can also add or change this later in the deadline register.
5. With one click, you create a defense proceeding (with you as the defendant), pre-filled with this data. The deadline is added to your Deadline register – with a date, if it is stated in the document or can be calculated from a verified date of receipt. Otherwise, it will show "Deadline detected — receipt date missing" or "Date not evidenced" with a field to add it; you will only be reminded for deadlines with a date.

The most important deadlines in Germany

• Mahnbescheid (payment order) → Objection within two weeks of service (§ 692 Abs. 1 Nr. 3 ZPO (Code of Civil Procedure)) to the court issuing the payment order. The enclosed form makes this easy; no justification is necessary, and you do not need a lawyer (§ 702 ZPO). An email is generally not sufficient. Be sure to keep to the two weeks – after that, the opposing party can apply for the enforcement order (Vollstreckungsbescheid). What is still possible after the deadline has expired, please clarify with the court issuing the payment order or a lawyer. After the objection, the case will proceed to contentious proceedings if one party requests it (§ 696 ZPO).
• Vollstreckungsbescheid (enforcement order) → Objection (Einspruch) within two weeks of service – this deadline is a peremptory deadline (Notfrist) and cannot be extended (§§ 700, 339 ZPO). Caution: An enforcement order can be executed immediately, even if you file an objection.
• Klage (lawsuit) → If the court orders written preliminary proceedings, you must notify the court in writing within the set peremptory deadline that you intend to defend yourself – the notice of defense (Verteidigungsanzeige) (§ 276 ZPO). The deadline is stated in the court's request (usually two weeks from service); a short sentence with the case reference number is sufficient. The detailed statement of defense (Klageerwiderung) follows within its own, longer deadline. If you miss the notice, a default judgment may be issued without an oral hearing (§ 331 Abs. 3 ZPO). Before the Regional Court (Landgericht), you can only declare both through a lawyer (§ 78 ZPO). The Litigation guide shows this step as a free hint in the proceeding.

Austria

• Zahlungsbefehl (payment order) → Objection within four weeks of service; the deadline cannot be extended (§ 248 ZPO). If the payment order comes from the District Court (Bezirksgericht), you can also make the objection orally for the record at the district court where you are staying (§ 448 ZPO); up to an amount in dispute of €5,000 there is no lawyer requirement there (§ 27 ZPO). Whether the objection must state reasons and what applies to higher amounts is set out in the instructions in the payment order – or clarify it with a lawyer. Before the Regional or Commercial Court (Landes- oder Handelsgericht), the objection must be justified and filed by a lawyer. Without a timely objection, the payment order becomes final and enforceable.

Switzerland

• Zahlungsbefehl (payment order) from the debt collection office → Legal objection (Rechtsvorschlag) within ten days of service to the debt collection office, orally or in writing, without justification (Art. 74, 75 SchKG (Debt Collection and Bankruptcy Act)). If you only dispute part of the claim, specify the disputed amount exactly. Without a legal objection, the creditor can request the continuation of the debt collection. In Switzerland, there is no mandatory legal representation (Anwaltszwang) (Art. 68 ZPO).
• Summons to conciliation, proposed decision, request for Rechtsöffnung → The Litigation guide has its own stages for these: you must attend the conciliation hearing in person (Art. 204 ZPO); you can reject a proposed decision within 20 days without giving reasons (Art. 211 ZPO); the court gives you the opportunity to respond to a request for Rechtsöffnung (Art. 84 SchKG).

European Payment Order

If you have received a European Payment Order (Form E), a special rule applies: Objection using the enclosed Form F within 30 days of service to the court that issued it (Art. 16 Regulation (EC) No 1896/2006). No justification is necessary.

Other countries

In all other countries, the deadline and form depend on the type of proceeding and the court. The deadline and form are stated in the court's letter – what is written there is authoritative. The Litigation guide will then show general instructions without a specific deadline in days; legal advice is particularly recommended.

In the cockpit

The Litigation guide changes the perspective: Instead of a statement of claim, you draft a statement of defense (Klageerwiderung) – you dispute the claims in a substantiated manner and raise defenses (e.g., statute of limitations, fulfillment, set-off). Thinking like the opponent helps to refute the allegations in the lawsuit; with the Evidence manager, you can close gaps in evidence.

Difference from pure Document analysis: This only explains what is in the document. The defense mode turns it into a proceeding with a deadline and next steps. Tip: If the document analysis detects court mail, it immediately displays a "Defend now" button, which brings you here with the pre-selected document.

If mandatory legal representation applies (e.g., at the Regional Court), you must still react in time – we will warn you and immediately refer you to a law firm. This is general guidance, not legal advice.

Related topics: Having court mail explained in plain English · The lawsuit check: ready, competent, not time-barred · What will the opposing party argue? (Moot Court) · When to Choose a Lawyer Over AI?

See also: The Oral Hearing: How to Prepare Yourself · Handing over your proceeding to a law firm