Apply for a payment order in Austria
incaseof.law prepares your payment-order claim digitally and submits the application for a payment order through electronic court filing (ERV), up to a dispute value of 5,000 euros without mandatory legal representation. Above or on request, the partner law firm Biedermann & Belihart conducts the proceedings.
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Briefly explained
How does the order for payment procedure in Austria work?
The order for payment procedure is a simplified civil procedure for uncontested claims until 75,000 EUR. You apply to the district court for a payment order, the debtor has 14 days to pay or four weeks to object. incaseof.law digitally prepares this payment-order claim in 2026 and brings it through electronic court filing (ERV), up to 5,000 euros without mandatory legal representation.
Basis: Code of Civil Procedure, order for payment and order for payment, as well as the Court Fees Act. As of August 2026.
The procedure
From application to enforceable title.
The payment-order procedure follows defined stages, from application to a final order. incaseof.law prepares the claim digitally and submits it through electronic court filing (ERV). For how the Process in detail works, shows the overview.
Submit your claim online
You hand over your outstanding claim with invoice, reminder history and the debtor's data. incaseof.law prepares the order for payment as a request for payment.
Online in minutesRequest for a payment order
A payment-order claim is an application to the competent district court for a payment order. The grounds and amount, including interest and costs, must be coherently set out. It is available for monetary claims up to EUR 75,000.
A monetary claim onlyFiling through the electronic court system (ERV)
incaseof.law files payment-order claims electronically through ERV on the creditor’s behalf, without mandatory legal representation up to EUR 5,000. Above that amount, partner law firm Biedermann & Belihart conducts the case.
up to 5,000 euros without mandatory legal representationIssue and service of the payment order
The court checks the formal requirements, without taking evidence or holding a hearing, then issues the payment order and serves it on the debtor. Service starts the four-week objection period.
opposition period 4 weeksObjection or payment
Within four weeks, the debtor pays, lodges an objection or remains inactive. In case of an objection, the case changes to ordinary proceedings, and then the partner law firm takes over from 5,000 euros.
three scenariosFinality and an enforceable title
If the debtor takes no action, the payment order becomes final and enforceable after four weeks. It provides a title for enforcement against receivables, bank accounts or movable assets, for example.
enforceable titleNext step
The process is clear. Submit your claim.
incaseof.law prepares the request for payment order and brings it through electronic court filing (ERV), up to 5,000 euros in dispute value without mandatory legal representation.
Conditions
When the order for payment is admissible.
Not every demand is suitable for the order for payment procedure. In order for the district court to issue a payment order, some conditions must be met. If they are given, the path is clear.
Value limits, as at: August 2026
A monetary claim only
The payment-order procedure is available for monetary claims only, not claims for delivery, an injunction or performance of work.
Claim value and the debtor’s location
The claim must not exceed EUR 75,000; higher amounts go directly to contested proceedings. The debtor must reside or have its registered office in Austria. For debtors in another EU country, the European order for payment may be available.
A clearly documented claim
The reason and amount of the claim shall be conclusively stated, with the date of the invoice, due date and any reminders. No procedure may run over the same claim.
There is no statutory minimum number of reminders before the lawsuit in Austria; in practice, a documented reminder strengthens the conclusion. The guides shows which reminders are customary. how many reminders are necessary until collectionIf you want the claim to be collected out of court first, the path leads over Debt collection servicesThe legal bases are laid down in the Sources and legal bases linked.
without mandatory legal representation
Up to 5,000 euros without mandatory legal representation.
As a rule, the district court is responsible for the defendant's domicile or registered office. In the case of claims arising from commercial transactions between companies, the district court may have central jurisdiction for commercial matters in Vienna.
Up to 5,000 euros
File yourself, without mandatory legal representation
In Austria, you can file a payment-order claim of up to EUR 5,000 yourself without a lawyer. incaseof.law supports this route through electronic court filing (ERV).
Over 5,000 euros
Mandatory legal representation through a partner law firm
The representation by a lawyer is required in principle for more than 5,000 euros. Then the partner law firm Biedermann & Belihart takes over, on request from the beginning.
Costs
Court fee according to the value of the claim, borne by the debtor.
The costs consist of the lump sum fee of the court and, starting from a claim value of 5,000 euros, the attorney's fee. Both depend on the claim value. Summary of debt collection costs, the guide explains the way through the German procedure court order for payment procedure.
Situation as at: August 2026
| Claim value | Court fee according to the GGG | Legal assistance |
|---|---|---|
| up to 1,000 euros | low three digits | Not mandatory |
| 1,000 to 5,000 euros | medium three-digit range | Voluntary |
| 5,000 to 75,000 euros | staggered according to tariff, higher | legal representation is generally mandatory |
| Position | Calculation basis | Who bears the costs |
|---|---|---|
| Court fee, GGG | Flat fee according to the value of the claim due at the time of filing of the action | Recoverable from the debtor if successful |
| Delivery costs and expenses | are charged in addition | to assert with the principal claim |
| Lawyer's fees, RATG | Tariff according to the value of the dispute, only from 5,000 euros with legal guidance | Recoverable from the debtor |
In the event of success, the costs of proceedings must be imposed on the defendant and asserted with the principal claim in the order for payment. The condition is that the debtor is able to pay, otherwise the costs remain with the creditor. The exact court fee depends on the court fee law and changes regularly, the official sources are decisive. As of August 2026.
Cost issues clarified
The court fee depends on the value of the dispute, not on your budget.
If successful, the defendant reimburses the court fee and any lawyer’s fees for claims from EUR 5,000. The cost overview explains the preceding out-of-court collection stage and why you retain 100% of the principal.
Scope of services
Standard service and the option of legal representation.
Start in self-service without a lawyer and switch to legal representation at any time, including during proceedings. Debt collection services wants, starts above; for outstanding claims of whole objects there are Debt collection for property managers.
Standard package
Self-service, without mandatory legal representation
The full digital path in the name of the creditor.
- Digital handover of the outstanding claim with invoice, reminder history and debtor data
- Preparation of the order for payment as a request for payment, with interest and costs as an ancillary claim
- Transfer via electronic court filing (ERV) to the competent district court, up to 5,000 euros without mandatory legal representation
- Examination of the debtor's payment and opposition conduct up to legal force
- According to legal force, an enforceable title as the basis for enforcement
Legal track
Optional representation by a partner law firm
From 5,000 euros or on request.
- Examination and submission of the order for payment by the partner law firm Biedermann & Belihart, from 5.000 Euro
- Representation in contested proceedings following an objection, including hearings and settlements
- Representation in appeal proceedings where legal representation is required
- Seamless change at any time, even after a submission in the self-service, for example if the debtor objects
Housing property
Obtain an enforceable title for unpaid operating costs and reserve contributions.
Arrears owed to an owners’ association are monetary claims and can therefore use the payment-order procedure. The route is the same as for other unpaid invoices; the parties differ.
From an unpaid contribution to an enforceable title
In preparationIf a unit’s service charges or reserve fund contributions remain unpaid, the arrears are submitted to the competent district court as a payment-order claim. The court checks the formal requirements, issues the order without a hearing and serves it on the defaulting unit owner. If no objection is filed within four weeks, the order becomes final and can be used for enforcement.
The claim value is the arrears, not the property’s value. incaseof.law files claims up to EUR 5,000 electronically through ERV without mandatory legal representation. Above that threshold, partner law firm Biedermann & Belihart takes over. An objection moves the case to ordinary proceedings. The preceding out-of-court stage, including payment demands on behalf of the association, runs through Debt collection for property managersIn the case of rents and eviction instead of contributions, the Claims for rent and eviction the right way.
For whom
When a payment-order claim is the right next step.
A payment-order claim is usually not the first step, but can be the decisive one. It is appropriate when the claim is documented and undisputed, and neither friendly reminders nor formal demands have led to payment.
Companies with outstanding invoices
outstanding invoices with clear facts, to which neither reminder of payment nor reminder bring a reaction. You need an enforceable title.
Property managers and owners’ associations
Unpaid service charges and reserve fund contributions owed by unit owners, pursued through electronic payment-order proceedings (ERV), without mandatory legal representation up to EUR 5,000.
Creditor with uncontested claim
The claim is documented and undisputed. The debtor does not respond, or does not dispute it, but still fails to pay.
If the claim is small or the business relationship is ongoing, the out-of-court collection is often the faster way; a significant part of the claim is already paid after the first professional letter. Duration, costs and effort of both ways are compared out of court or court. Rent arrears and eviction are covered by the separate process for Claims for rent and evictionIf you have any questions about the specific case, you can contact us via the Contact.
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incaseof.law is a licensed collection agency in Austria and Germany with a model confirmed by the Supreme Court. Submit the payment-order claim digitally; we file it through ERV.
Licensed and confirmed by the Austrian Supreme Court
We prepare and electronically file the payment-order claim through ERV, under human supervision and within the legal framework. You do not need to attend court yourself.
100 % go to you
We retain no share of the principal. The debtor reimburses court fees and owes collection fees as an ancillary claim.
You keep control
You hand over the claim digitally and keep an eye on the status. If you want to be represented by a lawyer, you switch to the partner law firm with a click.
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Transfer your outstanding claim digitally, the rest will be carried out by incaseof.law, up to the request for payment order. If you have any questions, contact us in advance.
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Common questions
Frequently asked questions about payment-order claims.
From the order for payment to the legal representation requirement to costs, duration and opposition. Your question is not there? We answer personally.
Get in touchFrom our guides
Guidance for creditors and businesses.
How many reminders are required until collection?
There is no legal minimum number. Which steps are common in Austria and why a documented reminder supports the lawsuit.
Read more
German payment orders: process and costs
If the out-of-court appeal is not enough, the way leads through the court to the enforceable title. That's how it works.
Read more
Customer does not pay: what you can do now
The quick way from open amount to payment. Which steps are useful and from when you pass.
Read moreSources and legal bases
- § 244 ZPO, payment procedure and value limit 75,000 Euro (RIS, 2026)
- § 248 ZPO, opposition to the order for payment, four weeks (RIS, 2026)
- Court Fees Act (GGG), Tariff Post 1 (RIS, 2026)
- § 1333 ABGB, late interest and late payment costs (RIS, 2026)
- Regulation on the maximum rates of debt collection institutions due, BGBl. No 141/1996 (RIS, 2026)
- § 118 GewO 1994, debt institutions (RIS, 2026)
- Order for payment procedure, explanation page of the Republic of Austria (2026)
- GISA, Business Information System Austria, GISA 32140156 (2026)
- Legal Services Register, Federal Office of Justice, Reg. No. 2024 0000 8388 (2026)
Last reviewed 21.08.2026