Suing over a small claim: getting justice even without a lawyer
For smaller claims, going to the local court is worthwhile: up to an amount in dispute of 5,000 euros the local court has jurisdiction, and there is no mandatory representation by a lawyer, so you can represent yourself. With simple, well-documented claims this is quite doable.
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What you should do now
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1. Document the claim
Put together evidence (contract, invoice, reminder, proof) and quantify the claim precisely.
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2. Consider the dunning procedure
If the claim is undisputed, the dunning notice is often the simpler way. If disputed, the lawsuit follows.
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3. File the lawsuit
File the lawsuit with the competent local court, without mandatory lawyer representation. Describe the facts and enclose evidence.
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4. Use the title
With the judgment you can enforce. With a low income, check legal aid in advance.
How to spot the scam
- The claim is poorly documented or unclearly quantified.
- It may already be time-barred.
- You give up your right out of fear of costs (check legal aid).
Frequently asked questions
Do I need a lawyer for a small lawsuit?
At the local court (amount in dispute up to 5,000 euros), no. There is no mandatory lawyer representation, you can represent yourself. With clear, well-documented claims this is quite doable; in complex cases a lawyer can still make sense.
What does it cost and who pays?
Court costs arise that depend on the amount in dispute. If you win, the losing party usually bears the costs. With a low income you can apply for legal aid to cover the costs.
Should I sue or apply for a dunning notice?
If the claim is undisputed, the dunning procedure is often the simpler and cheaper way. If the debtor disputes the claim, there is no way around contentious proceedings (a lawsuit). With the judgment you obtain an enforceable title.
Take action now
We put together the ready-made texts and the right places to contact for you.
General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.