Statement of defence

What is a statement of defence?

A statement of defence is the written response of the defendant to a complaint. In German civil proceedings, it is an essential part of litigation. With this document, the defendant can inform the court of their perspective on the matter. They also have the opportunity to deny or confirm the allegations made by the claimant.

Without such a response, the court would only be aware of the claimant’s arguments. The process would then be one-sided. By submitting a written reply, a fuller picture emerges that covers both perspectives. For this reason, the statement of defence is considered an indispensable element of a fair trial.

Example: An entrepreneur is sued for payment of an outstanding invoice. In the complaint, the claimant asserts that the goods were delivered but not paid for. In the statement of defence, the entrepreneur can explain that the delivery was defective or that payment has already been made. Only with this counterstatement does the court learn that there are different versions of the case.

Who submits a statement of defence?

The response is always submitted by the party being sued, that is, the defendant. This can take different forms:

• A private individual, for example, being sued over a dispute regarding a purchase agreement

• A company disputing unpaid invoices

• An association or organization being sued due to a contract or a claim for damages

A lawyer often prepares the document. This is because some courts require mandatory legal representation. For example, before the Regional Court (Landgericht) legal counsel is compulsory. In that setting, the defendant cannot write the response themselves and must appoint a lawyer.

Before the Local Court (Amtsgericht), however, it is possible to submit the statement of defence without legal assistance. In practice, though, it is often advisable to engage a lawyer because the response must meet specific formal requirements.

When is a statement of defence submitted?

The written response must be filed within a deadline set by the court. This deadline is stated in the request to submit a statement of defence, which is served together with the complaint.

Deadlines can vary. Frequently it is two weeks, but in some cases a longer period is granted. Example: In a complex case involving many documents to review, the court may allow three or four weeks.

An extension is possible if requested in time and supported by valid reasons. Typical reasons include the need for a lawyer to review files or obtain important documents.

It is essential that the response reaches the court within the deadline. What matters is not the date of dispatch but the date of receipt by the court. If the deadline is missed, the court may decide without considering the defendant’s arguments.

Where is a statement of defence submitted?

The written reply is submitted to the court handling the case. It is always the same court named in the letterhead of the complaint.

Submission can take place in different ways:

• By post: The document is sent in paper form, signed, to the court.

• Via the special electronic lawyer’s mailbox (beA): Lawyers are required to use this secure transmission method.

• Through other approved electronic systems: In some cases, individuals without legal representation may also use electronic means if the court allows it.

Once received, the court checks whether the statement of defence meets formal requirements and then forwards it to the claimant. This gives the claimant the opportunity to read the counterarguments and respond in turn.

How is a statement of defence submitted?

Submission always takes place in writing. The document must be signed—either by the defendant personally or, if represented, by their lawyer.

In practice, the process usually works like this: The lawyer drafts the statement on a computer, summarizes the legal arguments, attaches supporting evidence, and files everything through the electronic lawyer’s mailbox.

If the defendant has not engaged a lawyer, they must draft the response themselves and send it by post to the court. It is important that all information is accurate and the document arrives on time. A simple letter without a signature or without the case number would not be sufficient.

What does a statement of defence include?

A written response in civil proceedings follows a clear structure. It contains certain mandatory details so that the court and the opposing party can follow the case. Typical components are:

• Details of the parties: Who is the claimant, who is the defendant?

• Case number: Ensures clear allocation to the proceedings.

• Response to the allegations: The defendant addresses each point of the complaint. Some allegations may be denied, others possibly admitted.

• Evidence: For example, contracts, invoices, emails, or witness statements.

• Own motions: The defendant formulates what decision they expect from the court (e.g., “The claim is dismissed”).

Example: A consumer is sued for allegedly failing to pay for a service. In their statement of defence, they can explain that no contract was ever concluded and provide an email as proof in which the service was expressly rejected.

What is the difference between objection and opposition?

The terms may sound similar but are used in different contexts:

• Statement of defence: The defendant’s response to a complaint in civil litigation.

• Objection: Used in the judicial dunning process. A debtor can object to a dunning notice and thereby prevent it from becoming automatically binding.

• Opposition: Relates, in the debt collection context, to the enforcement notice. By filing an opposition, the debtor can prevent this enforceable title from remaining in force.

Put simply: The statement of defence is the response within a regular civil case. Objection and opposition, on the other hand, are specific legal remedies that allow individuals to challenge certain notices or decisions.