What is an injunction?

An injunction is a legal remedy used to prevent specific actions from recurring in the future. It is not intended to recover money or damages but focuses entirely on stopping particular conduct.

The purpose is to bring a lasting end to a disruption or violation of rights. Injunctions can be applied in both private and business settings and are typically based on provisions in the German Civil Code, such as Sections 1004 or 823.

For an injunction to be granted, it is not enough that the behavior occurred once. There must be a clear and ongoing risk that it will happen again. This future risk is essential for the claim to succeed.

When is an injunction used in debt collection?

In debt collection, an injunction is relevant when the recovery of outstanding claims is disrupted by certain behaviors. The focus is not the unpaid debt itself but the conduct surrounding the collection process.

Examples include:

A person publicly claims that a debt is fabricated, even though it can be clearly proven to exist
A debtor posts accusations online suggesting that the collection agency is acting unlawfully
Someone repeatedly contacts the creditor or the collection agency to interfere or provoke
Social media posts create the false impression that the company is breaking the law

In these situations, an injunction can be used to stop such actions or statements. It helps protect the debt collection process and the people or companies involved.

Who can file an injunction?

An injunction can be filed by any individual or organization whose rights have been violated. This includes private persons and businesses affected by conduct related to debt collection.

Eligible parties include:

Creditors whose business relationships or reputations are harmed by a debtor's behavior
Debt collection agencies whose operations are disrupted or reputations damaged
Attorneys acting on behalf of creditors to protect their clients' legal interests

In most cases, a lawyer prepares and submits the injunction, especially when the case goes before a regional court where legal representation is required.

Who can be targeted by an injunction in debt collection?

An injunction can be directed at any person or organization whose actions interfere with the rights of others. In debt collection, this often includes:

Debtors who spread false information about a debt or the collection process
Third parties who interfere with enforcement, such as through public accusations or online reviews
Competitors who make unlawful statements in a business context

A key requirement is that there must be a likelihood of the behavior being repeated. The goal of the injunction is to prevent future violations.

Where is an injunction filed?

The responsible court depends on the amount in dispute. Jurisdiction is typically determined by the defendant's location or the place where the behavior occurred.

General rule:

If the amount in dispute is up to €5,000, the local court is responsible
If the amount exceeds €5,000, the regional court handles the case and legal representation is mandatory

In some cases, there may be more than one valid court location, such as the debtor’s residence or the location of the incident.

What form must an injunction take?

An injunction must be submitted in writing to the appropriate court. It must meet specific formal requirements to be considered. The content should be clear, easy to understand, and as specific as possible. Vague or overly broad claims have little chance of success.

Key components include:

A clear description of the behavior to be stopped
A specific legal request detailing what must be prohibited
A reason why the conduct is considered unlawful
Proof that the behavior is likely to be repeated, such as previous incidents
Supporting evidence like screenshots, letters, or witness statements

In urgent situations, a preliminary injunction may be filed instead. This faster procedure allows the court to take action before a full hearing takes place, especially when a company’s reputation is at immediate risk.

Dispute value and limitation period

Determining the value in dispute is often challenging. It usually depends on the economic impact of the behavior in question. The greater the potential harm or reach, the higher the value and the legal costs.

As for the limitation period, injunction claims do not expire as long as there is a credible and ongoing risk of repetition. This risk must be substantiated with appropriate evidence.

Injunctions are not standard tools in debt collection but can serve as useful legal support when disruptions occur. They are used when outside interference makes normal debt recovery difficult or impossible.

Common examples include:

Protecting reputation when false claims about the collection process are being spread
Securing business operations when repeated calls or emails disrupt normal workflows
Defending lawful action when debtors claim the process is illegal despite it following legal requirements

An injunction removes these disruptions and ensures that legitimate debts can be collected efficiently and without interference.

Injunction