legal fees and costs in German court proceedings - litigation in general - legal table
We offer services in international debt collection, litigations in commercial law, contract law and insolvency law. Our out of court service is on basis of no cure, no pay basis.
But we would like to inform as well about costs and fees if court proceedings and litigations become necessary.
Here you can calculate the costs for a lawsuit!
Our fee-calculator for an overview of costs for lawsuit.
Our new fee-calculator works up to an amount in dispute/claim of 500.000,00 EUR!
The fees for a 1st instance lawsuit in Germany are calculated. These are minimum fees.
Depending on the individual case, further fees may be added!
Fee calculator for our fees in court proceedings and litigation in Germany based on the statutory fee schedule for courts and lawyers from 2023.
Please note that these are the minimum fees for regular court proceedings, but they regularly cover the entire court proceedings. In individual cases, small fees and expenses for travel costs, translation costs, expert fees and other expenses may be added.
In particular, in the case of previous out-of-court activity, a business fee may be charged, which will be partially offset against the legal fees in the case of subsequent legal action.
The same applies if legal dunning proceedings are preceded by an objection, in which case the costs are higher.
The litigation risk - worst case - is the "Prozessrisiko" in the event that you lose the lawsuit, the fees of an opposing lawyer are added here, which you also have to bear in this case.
Court fees are included! see Gerichtskosten
Overwrite the amount in the field of "Streitwert" with the amount of your claim and click "Berechnen".
The "Gesamtsumme" is the total. The litigation risk is "Prozessrisiko".
Please note that we have to add a further fee of 100 EUR up to an open claim of 3,000 EUR.
The use is without any guarantee! It is no offer and not binding in any way. We will communicate the exact fees for your individual case on your request.
Copyright Michael Feinen 2023
Our actual fee structure and conditions of 2023: more
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 offers in court proceedings:
We can check if it is possible that you pay no fees at all especially the case meets the following conditions:
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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 2023 (work in progress-no guarantee)
sum in dispute EUR amount of your claim | Court fees | Lawyer fees 1.2 fee | Lawyer fees 1.3 fee |
|
up to 500,00 | 114.00 | 63.70 | 58.50 | 236.20 |
up to 1000.00 | 174.00 | 114.40 | 105.60 | 394.10 |
up to 1500.00 | 234.00 | 165.10 | 152.40 | 551.50 |
up to 2,000.00 | 294.00 | 215.80 | 199.20 | 709.00 |
up to 3,000.00 | 357.00 | 288.60 | 266.40 | 912.00 |
up to 4,000.00 | 420.00 | 361.40 | 333.60 | 1,115.00 |
up to 5,000.00 | 483.00 | 434.20 | 400.80 | 1,318.00 |
up to 6,000.00 | 546.00 | 507.00 | 468.00 | 1,521.00 |
up to 7,000.00 | 609.00 | 579.80 | 535.20 | 1,724.00 |
up to 8,000.00 | 672.00 | 652.60 | 602.40 | 1,927.00 |
up to 9,000.00 | 735.00 | 725.40 | 669.60 | 2,130.00 |
up to 10,000.00 | 798.00 | 798.20 | 736.80 | 2,333.00 |
up to 13,000.00 | 885.00 | 865.80 | 799.20 | 2,550.00 |
up to 16,000.00 | 972.00 | 933.40 | 861.60 | 2,767.00 |
up to 19,000.00 | 1,059.00 | 1,001.00 | 924.00 | 2,984.00 |
up to 22,000.00 | 1,146.00 | 1,068,60 | 986.40 | 3,201.00 |
up to 25,000.00 | 1,233.00 | 1.136.20 | 1,048.80 | 3,418.00 |
up to 30,000.00 | 1,347.00 | 1,241.50 | 1,146.00 | 3,734.50 |
up to 35,000.00 | 1,461.00 | 1,346.80 | 1,243.20 | 4,051.00 |
up to 40,000.00 | 1,575.00 | 1,452.10 | 1,340.40 | 4,367.50 |
up to 45,000.00 | 1,689.00 | 1,557.40 | 1,437.60 | 4,684.00 |
up to 50,000.00 | 1,803.00 | 1,662.70 | 1,534.80 | 5,000.50 |
up to 65,000.00 | 2,199.00 | 1,784.90 | 1,647.60 | 5,631,50 |
up to 80,000.00 | 2,595.00 | 1,907.10 | 1,760.40 | 6,262.50 |
up to 95,000.00 | 2,991.00 | 2,029.30 | 1,873.20 | 6,893.50 |
up to 110,000.00 | 3,387.00 | 2,151.50 | 1,986.00 | 7,524.50 |
up to 125,000.00 | 3,783.00 | 2,273.70 | 2,098.80 | 8,155.50 |
up to 140,000.00 | 4,179.00 | 2,395.90 | 2,211.60 | 8,786.50 |
up to 155,000.00 | 4,575.00 | 2,518.10 | 2,324.40 | 9,417.50 |
up to 170,000.00 | 4,971.00 | 2,640.30 | 2,437.20 | 10,048.50 |
up to 185,000.00 | 5,367.00 | 2,762.50 | 2,550.00 | 10,679.50 |
up to 200,000.00 | 5,763.00 | 2,884.70 | 2,662.80 | 11,310.50 |
more than 200,000.00 |
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*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: 972.00 + 933.40 + 861.60 = 2,767.00
3. Add (only) Lawyer's fees once more (fees of the opposite Lawyer):
2,767.00 + 972.00 + 933.40 = the risk is 4,672.40 EUR
Legal Table for Fees in German (work in progress - no guarantee):
From Court Summons via adversary Court Proceedings to Enforcement
amount of | Court | Complete | Further Fees | Enforcement | In total |
sum in dispute | 1. Step | 2. Step | 3. Step | ||
| | | |
| |
up to 1000.00 | 216.88 | 459.60 | 242.72 |
| 280.42 |
up to 1500.00 | 289.50 | 635.63 | 346.13 |
| 400.54 |
up to 2,000.00 | 369.11 | 811.65 | 442.54 |
| 513.65 |
up to 3,000.00 | 479,57 | 1,041.25 | | | |
up to 4,000.00 | 590.03 | 1,270.85 | | | |
up to 5,000.00 | 700.49 | 1,500.45 | | ||
up to 6,000.00 | 810.95 | 1,730.05 | | ||
up to 7,000.00 | 921.41 | 1,959.65 | | ||
up to 8,000.00 | 1,031.87 | 2,189.25 | | ||
up to 9,000.00 | 1,142.33 | 2,418.85 | | ||
up to 10,000.00 | 1,252.79 | 2,648.45 | | ||
up to 13,000.00 | 1,360.11 | 2,890.15 | | ||
up to 16,000.00 | 1,467.43 | 3,131.85 | | ||
up to 19,000.00 | 1,574.75 | 3,373.55 | | ||
up to 22,000.00 | 1,682.07 | 3,615.25 |
| ||
up to 25,000.00 | 1,789.39 | 3,856.95 | |
Please note that this scale of fees is an overview and not legally binding. It is possible that our invoice will differ in detail.
 | Court Fee Structure.pdf (341.16KB) |
| Court Fee Structure.pdf (341.16KB) |
Anwaltskanzlei Feinen
D-50823 Köln
London Office
+44 203 3181272 fon
+44 203 3181394 fax
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