Check process
The check process is a subtype of the document process in German civil procedure law . Compared to normal civil proceedings, it represents a simplified and therefore faster procedure. The check process is regulated in Section 605a of the Code of Civil Procedure (ZPO). The regulations on the change process , in particular the regulations on the place of jurisdiction ( § 603 ZPO), the short, 24-hour summons period ( § 604 ZPO) and the evidencing regulations ( § 605 ZPO) apply accordingly.
Protest note
In order to be able to process a check, a so-called protest note must have been affixed to the check as proof of non-cashing by the bank concerned . In practice, this leads to problems, since checks for amounts below EUR 6,000 are withdrawn without paper. As a result, the original check is not presented to the bank drawn, which makes it impossible to add such a note and thus make a check process impossible.
Checks are now collected using the image-based process for amounts over EUR 6,000. Here, too, there is usually no physical presentation of the document, but if it is not redeemed, the Bundesbank will issue a corresponding confirmation. This replaces the protest note so that a check process can be carried out.
Dunning procedure
The check process can be preceded by a check dunning procedure. As with regular claims, this can be recommended if the debtor is not expected to contest the claim. Despite the already relatively quick processing of a check process, an enforcement title can be obtained even faster in this way .
