Facts and evidence
Prepare correct party details, the basis and amount of the claim, due date, payments and objections. Reminders support the file but do not replace evidence of performance.
Licensed in Austria · Registered in Germany
Austrian payment-order claim: prepare the next step.
Prepare an Austrian monetary claim for the court payment-order procedure. Under the terms, incaseof.law supports software-assisted preparation and electronic transmission. Clarify jurisdiction, required representation and additional costs before the specific step.
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Briefly explained
How does the order for payment procedure in Austria work?
An Austrian payment-order claim is a court application for a monetary claim within the statutory scope up to EUR 75,000. Under its terms, incaseof.law supports digital preparation and transmission. Jurisdiction, required representation and costs must be clarified before applying.
Basis: Code of Civil Procedure, order for payment and order for payment, as well as the Court Fees Act. As of August 2026.
Austria: procedure, jurisdiction and deadlines
Whether self-representation is permitted depends on the court, subject matter and type of proceedings. Clarify this before filing. Required or requested legal assistance is arranged separately.
An objection leads to further ordinary proceedings. Whether legal representation is mandatory requires separate assessment. The EUR 5,000 representation threshold must not be confused with the overall payment-order limit. The German payment-order procedure is different.
Before taking a claim to court
Costs and approval
Separate court fees, legal representation and filing charges from the platform service. An entitlement to cost reimbursement is not a guarantee of actual payment.
After the order
Track service, objections and payments. An enforceable title supports further action; it does not establish that the debtor has assets available for enforcement.
Under the terms, incaseof.law provides software for preparation and electronic filing. Required or requested legal representation is engaged separately.
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). The overview shows how the process works in detail.
1
incaseof.law
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 minutes
2
District Court
Request for a payment order
Whether self-representation is permitted depends on the court, subject matter and type of proceedings. Clarify this before filing. Required or requested legal assistance is arranged separately.
A monetary claim only
3
ERV
Filing through the electronic court system (ERV)
Required legal representation depends on the court, claim value and type of proceedings. The EUR 5,000 threshold before district courts has exceptions; special rules apply to certain areas of jurisdiction. Any required or requested legal instruction is arranged separately. Official explanation of representation.
subject to applicable representation requirements
4
Without negotiation
Issue 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 weeks
5
The debtor’s turn to act
Objection or payment
From service, the payment period is 14 days and the objection period is four weeks. An objection leads to ordinary proceedings; legal representation must be assessed for the particular case.
three scenarios
6
Finality 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.
Whether self-representation is permitted depends on the court, subject matter and type of proceedings. Clarify this before filing. Required or requested legal assistance is arranged separately.
Conditions
When the order for payment is admissible.
Not every demand is suitable for the order for payment procedure. For the competent 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
Money only
A monetary claim only
The payment-order procedure is available for monetary claims only, not claims for delivery, an injunction or performance of work.
Up to 75,000 euros
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.
Conclusive
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 filing a claim in Austria; in practice, a documented reminder makes the claim more coherent. The guide how many reminders are needed before debt collection shows which reminder stages are usual. If you want the claim to be collected out of court first, start with Submit a claim. The legal bases are linked under Sources and legal bases.
where self-representation is permitted
When can you act without legal representation?
Jurisdiction depends on the claim amount, subject matter and territorial connecting factors. A district or regional court may be competent. A Vienna business address alone does not establish general jurisdiction of the Vienna Commercial Court.
Check representation requirements
File yourself, where self-representation is permitted
Whether self-representation is permitted depends on the court, subject matter and type of proceedings. Clarify this before filing. Required or requested legal assistance is arranged separately.
Check representation requirements
Mandatory legal representation through a partner law firm
Required legal representation depends on the court, claim value and type of proceedings. The EUR 5,000 threshold before district courts has exceptions; special rules apply to certain areas of jurisdiction. Any required or requested legal instruction is arranged separately. Official explanation of representation.
Costs
Clarify representation and costs for your case.
As the creditor, you advance the court fee once you have approved court proceedings; if the claim succeeds, the debtor has to reimburse it. Budget court fees, separately instructed legal representation and any transmission charges separately. The court fee depends on the value in dispute and the specific fee situation. Costs and settlement overview.
Situation as at: August 2026
| Value in dispute, EUR | Court fee, EUR |
|---|---|
| 150 | 33 |
| 1,000 | 148 |
| 5,000 | 436 |
| 10,000 | 1,030 |
One ordinary monetary claim, one claimant and one defendant, without surcharges or special rules. Tariff and adjustment notes in RIS. Calculate the fee for your amount.
| Item | Classification |
|---|---|
| Court fee | Ordinary tariff based on claim value; exemptions, reductions and special cases require separate assessment |
| Legal fees | Required or requested representation, separately approved |
| Transmission and further expenses | Depend on the submission route and actual procedure |
| Reimbursement | Separate from the initial payment obligation; a right to reimbursement does not guarantee receipt |
Initial liability for costs and later reimbursement are separate questions. Actual recovery depends on the legal decision and recoverability. A right to reimbursement does not guarantee receipt.
Cost issues clarified
The court fee depends on the value of the dispute, not on your budget.
Initial liability for costs and later reimbursement are separate questions. Actual recovery depends on the legal decision and recoverability. A right to reimbursement does not guarantee receipt.
Scope of services
Standard service and the option of legal representation.
Clarify representation, the instruction and additional costs before the next step. A partner law firm is instructed separately where needed and with your express approval.
Standard package
Self-service, where self-representation is permitted
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 court, subject to applicable representation requirements
- 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
Where representation is required or requested.
- 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 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.
Required legal representation depends on the court, claim value and type of proceedings. The EUR 5,000 threshold before district courts has exceptions; special rules apply to certain areas of jurisdiction. Any required or requested legal instruction is arranged separately. Official explanation of representation.
Two condominium-specific routes go beyond the monetary claim: securing the statutory preferential lien by annotating a court claim in the land register within six months, and an exclusion action under the Condominium Act. Neither is a payment-order procedure. The separate module is under legal review; the arrears themselves can already follow the process described here.
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.
B2B
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.
Housing property
Property managers and owners’ associations
Whether self-representation is permitted depends on the court, subject matter and type of proceedings. Clarify this before filing. Required or requested legal assistance is arranged separately.
Clear claim
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, out-of-court collection is often the faster way; a significant share of claims is paid after the first professional letter. The comparison out of court or court sets out the duration, costs and effort of both routes. Rent arrears and eviction have their own route, claims for rent and eviction; if you have questions about a specific case, you can reach us via the contact page.
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What clients say about handing over their claims.
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incaseof.law is a collection agency licensed in Austria and registered in Germany. Submit the payment-order claim digitally; we file it through ERV.
Law
Licence and registration
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.
Money
100 % go to you
We retain no share of the principal. The debtor reimburses court fees and owes collection fees as an ancillary claim.
Peace of mind
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.
Start Now
Submit your outstanding claim in a few minutes.
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.
Registration
Your account for submitting claims.
Register in the customer portal. There you store your company data and hand over your outstanding claims.
Already registered? To the customer portal
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 touchA conditional payment order is a court decision in the Austrian procedure. Payment is due within 14 days and an objection may be lodged within four weeks of service. Initially, the court does not substantively establish whether the claim is valid. Without a timely objection, the order may become final.
Required legal representation depends on the court, claim value and type of proceedings. The EUR 5,000 threshold before district courts has exceptions; special rules apply to certain areas of jurisdiction. Any required or requested legal instruction is arranged separately. Official explanation of representation.
At a claim value of EUR 1,000, the ordinary tariff effective 1 August 2026 gives a court fee of EUR 148; for EUR 5,000 it gives EUR 436. Legal fees, transmission and special situations are excluded. The binding assessment depends on the actual proceedings.
No fixed total duration is promised. Service, court processing and any objection affect the timeline. Procedural deadlines do not guarantee when payment will arrive.
A timely objection sets aside the conditional payment order. Ordinary proceedings follow. Evidence, representation and further costs need assessment for that stage.
Jurisdiction depends on matters including claim value, subject matter and territorial connections. It does not automatically lie with a district court or centrally with a Viennese court. Establish jurisdiction before applying.
A reminder is a payment request outside court. Collection is instructed handling of a claim. A payment-order claim is a court application. Going to court is a separate step and does not automatically produce payment.
From 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)
Content updated 23 September 2026
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Terms explained
Austrian payment-order claim and conditional order · Objections in payment-order proceedings