Once the settlement attempt has failed, the matter goes to the local court. The point where people stumble: there are two applications. One opens the proceedings, the other discharges what remains — and they are filed together.
Applying to court: proceedings and discharge
Two applications go in together — to open proceedings and for discharge of residual debt. The second is critical: without it the proceedings run and the debts remain.
✓ Verified: 15/08/2026
WHAT TO DO
AUTHORITY
Amtsgericht / Mahngericht
Federal agencyPayment orders and enforcement orders run through your state's central Mahngericht. Apply online at online-mahnantrag.de.
› Details and tips
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Max recommends:
The forms look intimidating, but the advice service filled them in with me point by point. On my own I would certainly have muddled something in the creditor list.
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Lea recommends:
Check that the discharge application is genuinely attached. It is one tick box, and without it the entire point of the procedure is lost.
FREQUENTLY ASKED QUESTIONS
Why two applications rather than one? ▾
Because they are different things. The first opens the proceedings and distributes whatever assets exist; the second discharges the debts remaining afterwards. The discharge application must accompany the opening application — it cannot be filed later.
What if I cannot even afford the court costs? ▾
Deferral of the procedure’s costs exists for debtors without sufficient means. It is not a waiver but a postponement: costs are collected later and in line with your actual circumstances. You apply for it within the application itself.
Does the insolvency become public? ▾
Details are published on the official insolvency announcements portal. Publication is time-limited and deleted once the period expires, but during the proceedings the information is accessible.
Do I need a lawyer? ▾
No. The application runs on official forms, and a recognised debt advice service helps complete them as part of the same free assistance. A lawyer makes sense where claims are disputed or assets are complex.