I've Been Sued in Germany — What Do I Do? Emergency Guide for Foreign Companies (2026)

You just received a thick envelope from a German court — or your German subsidiary forwarded a legal document they do not fully understand. The letter is in German, it looks official, and buried somewhere in the text is a deadline that may already be close.

Do not panic, but do act quickly. Missing a deadline in German litigation can result in a default judgment (Versäumnisurteil) — a binding court order against your company issued without hearing your side.

This guide tells you exactly what to do, step by step.

Step 1: Identify What You Received

German court documents come in several forms. What you received determines how urgent the situation is:

Most Urgent: Statement of Claim (Klageschrift)

This is a formal lawsuit. The court has sent it to you along with an order to respond. You will see:

• The word Klageschrift or Klage in the document
• A court name (Amtsgericht or Landgericht)
• A case number (Aktenzeichen), e.g., "12 O 345/26"
• A deadline to respond (Klageerwiderungsfrist) — typically 2 to 4 weeks

This is critical. If you do not respond within the deadline, the court can issue a default judgment against you.

Urgent: Payment Order (Mahnbescheid)

A Mahnbescheid is an automated payment order from the court, requested by the claimant. It is a simplified procedure for undisputed monetary claims.

• You have 2 weeks from service to file an objection (Widerspruch)
• If you do not object, the claimant can request an enforcement order (Vollstreckungsbescheid) — which is immediately enforceable
• Filing an objection is simple (one form) and converts the case into regular litigation

Urgent: Interim Injunction (Einstweilige Verfügung)

If you received a court order prohibiting you from doing something — selling a product, using a trademark, contacting certain customers — this is an interim injunction.

• These are often issued without hearing your side first (ohne mündliche Verhandlung)
• You can file an objection (Widerspruch) to get a hearing
• Violating the injunction can result in fines up to €250,000 or imprisonment of your directors

Less Urgent: Demand Letter (Abmahnung)

A demand letter from an attorney is not a court document, but it is a formal warning. It typically demands that you stop certain behavior and sign a cease-and-desist declaration (Unterlassungserklärung).

• The deadline is usually 7 to 14 days
• Ignoring it often leads to an interim injunction or lawsuit
• You should still seek legal advice promptly, but this is not as immediately critical as a court document

Step 2: Do NOT Ignore It

This is the single most important piece of advice. Never ignore a German court document, even if you believe the claim is baseless, even if you think a German court has no jurisdiction over you, and even if you intend to fight the claim.

German courts will proceed without you. If you do not respond:

1. The court issues a default judgment (Versäumnisurteil)
2. The default judgment is immediately enforceable
3. The claimant can use it to seize your German assets — bank accounts, receivables, inventory
4. Overturning a default judgment requires filing an objection (Einspruch) within 2 weeks of service, and you must then present your full defense — with the added disadvantage of having already lost once

Step 3: Find a German Attorney Immediately

You need a German-admitted attorney (Rechtsanwalt). This is not optional — for cases at the Regional Court (Landgericht), attorney representation is legally mandatory.

Your US or UK lawyer cannot represent you in a German court. They can coordinate with your German attorney, but all filings and court appearances must be handled by a member of the German bar.

What to look for:

• Experience defending international companies in German courts
• English fluency — you need direct communication, not relayed through translators
• Availability to act quickly — deadline pressure is real
• Relevant expertise for your type of dispute

Time-saving tip: When you contact a German attorney, send them a scan of the entire court document immediately. A good attorney can assess the situation within 24 hours and file a deadline extension if needed.

Step 4: Request a Deadline Extension

One of the first things your German attorney can do is request a deadline extension (Fristverlängerung) from the court. For the first extension, courts are generally accommodating — especially when the defendant is a foreign company dealing with language barriers and the need to retain local counsel.

A typical extension is 2 to 4 additional weeks. This buys you crucial time to:

• Have the documents translated (if needed)
• Gather relevant evidence and contracts
• Prepare a substantive defense

Important: The extension request must be filed before the original deadline expires. This is another reason to contact a German attorney immediately.

Step 5: Assess Your Defense Options

Once your attorney has reviewed the claim, you will typically have several strategic options:

Full Defense

If you have strong arguments against the claim, your attorney will file a comprehensive statement of defense (Klageerwiderung). This starts the regular litigation process — exchange of written briefs, oral hearing, judgment.

Jurisdictional Challenge

If you believe the German court does not have jurisdiction — for example, because your contract specifies a different forum — your attorney can raise a jurisdictional objection (Zuständigkeitsrüge). This must be raised before engaging with the merits of the case.

Counterclaim

If you have claims against the plaintiff — for example, they owe you money too — you can file a counterclaim (Widerklage) within the same proceeding. This is efficient and puts pressure on the other side.

Settlement

Many German lawsuits end in settlement. Your attorney can open settlement discussions at any stage. The advantage of settling early: lower costs (partial refund of court fees) and faster resolution.

Step 6: Understand the Cost Implications

If you are being sued in Germany, you need to understand the cost structure:

If you win (claim is dismissed): The plaintiff pays all court fees and both sides' statutory attorney fees. Your defense costs you nothing in the end.

If you lose: You pay court fees, your own attorney, and the plaintiff's attorney. For a €100,000 claim, the total is approximately €10,000–€15,000.

If you settle: Costs are typically split based on the settlement terms, or each side bears its own costs.

The German statutory fee system means defense costs are predictable. Your attorney can give you a precise estimate before you commit.

Critical Deadlines: A Summary

Document Received	Deadline	Consequence of Missing
Klageschrift (Lawsuit)	2–4 weeks	Default judgment
Mahnbescheid (Payment order)	2 weeks	Enforcement order
Einstweilige Verfügung (Injunction)	Varies (often 2 weeks)	Injunction becomes final
Vollstreckungsbescheid (Enforcement order)	2 weeks	Judgment is enforceable, limited appeal
Versäumnisurteil (Default judgment)	2 weeks	Judgment becomes final

All deadlines are strictly enforced. German courts do not grant informal grace periods.

Common Mistakes Foreign Companies Make When Sued in Germany

1. Assuming it will go away. It will not. German courts proceed efficiently, and a default judgment can be issued within weeks of the deadline expiring.

2. Having their US/UK lawyer respond. A letter from a foreign attorney has no procedural effect in German court. Only a German-admitted attorney can file a valid defense.

3. Disputing jurisdiction after engaging with the merits. If you want to challenge jurisdiction, you must do so first — before filing any substantive defense. Once you argue the merits, you are deemed to have accepted jurisdiction (rügelose Einlassung, § 39 ZPO).

4. Underestimating interim injunctions. If you received an injunction and violate it — even unknowingly — the penalties are severe: fines up to €250,000 per violation or up to 6 months imprisonment for responsible directors.

5. Not preserving evidence. Gather and preserve all relevant emails, contracts, invoices, and correspondence immediately. German litigation has no discovery — you need your own evidence ready.

Key Takeaways

• Act immediately — deadlines in German litigation are strict and missing them leads to default judgments
• Get a German attorney — foreign lawyers cannot represent you in German courts
• Request a deadline extension — courts usually grant the first one, but it must be filed before the deadline expires
• Do not ignore any court document — even if you think the claim is baseless
• Defense costs are predictable — statutory fees, and if you win, the plaintiff pays everything
• Challenge jurisdiction first if applicable — before engaging with the substance

Been Served With a German Lawsuit?

If you have received a German court document, contact us immediately. We can assess the situation within 24 hours, file a deadline extension, and start building your defense — all in English.

→ Book an urgent consultation | → Email us now: bektas@apos.legal