The court may send the defendant a so-called qualified notice. In a timely statement of defense to this summons, the defendant must set out the relevant facts and substantiate his allegations. If the defendant fails to do so within the time limit set by the court, the court will enter a judgment against the defendant.

In some cases, the court may order the defendant directly to make a written submission and, if he does not accept the claim in full, to set out the essential facts, to attach documentary evidence and, where appropriate, to identify further evidence in support of his claims. In general, the court may resort to this so-called qualified notice if the circumstances of the case or the nature of the case are specific. Furthermore, it may also be necessary where, for example, an (electronic) order for payment has already been issued or where the defendant has failed to make a proper and timely statement of defense following an ordinary summons.

The President of the Chamber or the single judge shall, in the order on the qualified challenge, set a time limit for the defendant, which shall not be less than 30 days from the service of the order. The defendant should therefore, in principle, have sufficient time to make a statement. The summons shall always be served by hand or by means of a postal mailbox. If you have a mailbox, it is really imperative that you check it, because 10 days after dispatch, there is a presumption of delivery, even if you have not logged in. If the preparatory proceedings have been completed or even the first court hearing has taken place, a qualified statement of objections can no longer be issued.

If the defendant is completely passive and neither makes a statement within the time limit nor gives any serious reason which prevents him from making a statement, he is generally deemed to have accepted the claim in full. The court shall then give judgment in favor of the claimant. Therefore, it is really not worth beating a dead horse in court. A judgment of recognition is then only subject to limited review on appeal.