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Small Claims Court (Amtsgericht/Bezirksgericht) in Germany and Austria 2026: Your Step‑by‑Step Guide

Germany · Austria · EU

What is a Small Claims Court and When Can You Use It?

If someone owes you money, damaged your property, or broke a contract, you do not always need a lawyer or a long court battle. In Germany and Austria, small claims courts (in Germany: Amtsgericht, in Austria: Bezirksgericht) handle disputes up to a certain value. The goal is a faster, cheaper, and simpler process for ordinary people. This guide explains the 2026 rules, step by step.

What the Law Says

In Germany, the Amtsgericht handles civil cases where the value in dispute (Streitwert) does not exceed €5,000 (Section 23 No. 1, Gerichtsverfassungsgesetz – GVG). For claims up to €600, the court may use a special simplified procedure called Mahnverfahren (dunning procedure) before a trial. For claims up to €2,000, a mandatory mediation attempt may be required in some Länder (states).

In Austria, the Bezirksgericht handles civil disputes up to €15,000 (Section 49, Jurisdiktionsnorm – JN). Austria also has a special procedure for small claims (Bagatellverfahren) for amounts up to €2,700, where the court decides without a formal hearing unless a party objects. For claims up to €75,000, the Bezirksgericht has general jurisdiction, but the small claims procedure is only for the lower threshold.

Both countries are part of the EU and apply the European Small Claims Procedure (Regulation (EC) No 861/2007) for cross‑border disputes up to €5,000. This allows you to file a claim in your home country against a party in another EU member state, using standard forms and without a lawyer.

Who Can File and What Can You Claim?

You can file a small claim if you are an individual or a business. Typical claims include unpaid invoices, rent deposits, minor property damage, or breach of a simple contract. You cannot use small claims court for family law, inheritance, or disputes about real estate ownership. The claim must be for a specific amount of money or a specific item (e.g., return of a laptop).

Step‑by‑Step: How to File a Small Claim in Germany

Step 1: Try to Settle Out of Court

Before filing, send a formal demand letter (Mahnschreiben) with a deadline (usually 14 days). Keep proof of receipt. In some states, you must first attempt mediation if the claim is under €2,000.

Step 2: Choose the Right Court

The Amtsgericht for the defendant’s place of residence or business is the correct court. If the defendant lives in another EU country, you may use the European Small Claims Procedure.

Step 3: File the Claim

You can file a written complaint (Klage) in person or by mail. Many courts now allow online filing via the Elektronischer Rechtsverkehr (ERV) portal. The complaint must state your name, the defendant’s name, the claim amount, and the facts. No lawyer is required, but you must pay a court fee (usually 1–3% of the claim amount, minimum €25).

Step 4: Court Decides on Procedure

If the claim is under €600, the court may issue a dunning notice (Mahnbescheid) without a hearing. If the defendant objects, a hearing is scheduled. For claims up to €5,000, the court will set a hearing date. You can present evidence (receipts, photos, witness names). The judge may suggest a settlement.

Step 5: Judgment and Enforcement

The court issues a written judgment. If you win and the defendant does not pay, you must request enforcement (Zwangsvollstreckung) through the court bailiff (Gerichtsvollzieher).

Step‑by‑Step: How to File a Small Claim in Austria

Step 1: Pre‑Court Notice

Send a registered letter (eingeschriebener Brief) demanding payment within 14 days. Keep the receipt.

Step 2: Determine the Correct Bezirksgericht

The defendant’s residence or the place where the obligation arose determines jurisdiction. For claims under €2,700, you can use the simplified Bagatellverfahren.

Step 3: File the Claim

File a written claim (Klage) at the Bezirksgericht. You can do this in person, by mail, or online via the Elektronischer Rechtsverkehr (ERV) system. The claim must include the amount, the facts, and any evidence. Court fees are low: for a €1,000 claim, about €30. No lawyer is required, but you may need one if the claim exceeds €5,000.

Step 4: Hearing or Written Procedure

For claims under €2,700, the court will decide based on written submissions unless a party requests a hearing. For larger claims, a hearing is scheduled. The judge may try to mediate.

Step 5: Judgment and Enforcement

If you win, the court issues a judgment. If the defendant does not pay, you can request enforcement through the court’s execution department (Exekutionsverfahren).

Key Differences Between Germany and Austria

  • Monetary limits: Germany: up to €5,000 at Amtsgericht; Austria: up to €15,000 at Bezirksgericht (but small claims procedure only up to €2,700).
  • Lawyer requirement: In Germany, no lawyer is required for any amount up to €5,000. In Austria, you do not need a lawyer for claims under €5,000; above that, you must be represented by a lawyer in some cases.
  • Simplified procedure: Austria has a dedicated Bagatellverfahren for claims under €2,700 with no mandatory hearing. Germany uses the Mahnverfahren for claims under €600.
  • Court fees: Generally lower in Austria for small claims (e.g., €30 for a €1,000 claim vs. about €50 in Germany).

EU Cross‑Border Small Claims Procedure

If you live in Germany and want to sue someone in Italy (or vice versa), you can use the European Small Claims Procedure for claims up to €5,000. You fill out a standard claim form (Form A) and submit it to the competent court in your country. The court will send it to the defendant’s country. No lawyer is required, and the court can use video conferencing. The judgment is enforceable in all EU member states without extra steps.

Frequently Asked Questions

1. Do I need a lawyer for a small claims court in Germany or Austria?

No, you can represent yourself in both countries for claims up to the small claims limits. In Austria, for claims above €5,000, you may need a lawyer. In Germany, you never need a lawyer at the Amtsgericht, but it can be helpful.

2. How much does it cost to file a small claim?

In Germany, court fees are typically 1–3% of the claim amount (minimum €25). In Austria, fees are lower: about 1–2% (minimum €15). If you lose, you may have to pay the other side’s costs (limited).

3. How long does a small claims case take?

In Germany, a simple case can be resolved in 2–6 months. In Austria, the Bagatellverfahren can take 1–3 months. Complex cases may take longer.

4. Can I appeal a small claims decision?

Yes, but appeals are limited. In Germany, you can appeal if the claim amount exceeds €600. In Austria, appeals are allowed for claims over €2,700. The appeal is heard by a higher court (Landgericht in Germany, Landesgericht in Austria).

5. What if the defendant lives in another EU country?

Use the European Small Claims Procedure (Regulation (EC) No 861/2007). You file in your home court, and the court handles cross‑border service. The limit is €5,000.

6. Can I claim interest and court costs?

Yes, you can claim statutory interest (usually 4–5% per year) from the due date. You can also ask the court to order the losing party to pay your court fees and reasonable costs (e.g., translation fees).

Official Resources

Get Help with Your Specific Situation

Every case is different. If you are unsure whether your claim qualifies, which court to use, or how to gather evidence, ask a legal professional or a consumer advice center (Verbraucherzentrale in Germany, Konsumentenschutz in Austria).

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