You have already objected to the termination and consider the landlord's claim unfounded. Now you are being served in Germany with an eviction claim accompanied by a court order. This new stage of the proceedings requires its own timely response. Do not file the documents among completed messages just because you have already explained your position to the other party several times.
First read what the court has actually ordered
This article deals with the case where a written preliminary procedure is ordered and the claim is served domestically. § 276 ZPO distinguishes this route from an early first hearing date. In the written preliminary procedure the court requires the notification of willingness to defend within a two-week emergency period after service and at the same time sets a separate deadline for the written defence to the claim. [VERFAHREN]
Do not transfer this description to every court letter. Check file numbers, addressee and the actual order attached. A summons to a hearing is not merely a different wording for the same two deadlines. Service abroad also has a different starting rule under the statute and is not calculated here individually.
Secure service, application and documents completely
Our editorial recommendation: Keep the entire served package including envelope and attachments and note the actual state of service. The creation date printed on a complaint is not automatically the start of your deadline. Discuss the exact calculation immediately with appropriate legal assistance.
Also read what is actually being sought. Is it only about eviction or also about payments and other items? Assign the available evidence to each item. Tenancy agreement, amendments, termination, previous responses, proof of payments and important agreements belong in the same processing status. Missing attachments should be described as missing and not supplemented by recollection.
Do not confuse two judicial tasks
The notification of defence and the substantive written reply to the claim have different tasks. § 276 paragraph 1 requires the first reaction within the specified emergency period; a further reply must be given a deadline of at least a further two weeks. [VERFAHREN] The concrete judicial request remains decisive.
Do not wait with every reaction until a comprehensive counter-report is finished. Clarify at the same time who may validly submit and which mode of submission is required in the specific proceedings. This article is not a court-ready template. An appointment request during a consultation is also not a procedural declaration received by the court.
An imaginary mistake after the first exchange of letters
In the fictitious case Ben receives the claim after a long dispute about the termination. He initially wants to resend all his earlier messages to the property management and expects them to then explain the dispute to the court. For the time being he puts the court order to one side.
With immediate legal processing, however, the court recipient is clarified and a distinction is made between the notification of defence and the later factual presentation. Ben's previous documents may be important for the content, but they do not replace the new procedural processing. The example does not decide whether his objections to the termination succeed.
Why the first deadline must not be ignored
§ 331 paragraph 3 ZPO allows, under the conditions there, upon application a decision without oral hearing if the willingness to defend was not notified in time. [VERSAEUMNIS] This does not imply that every served claim is automatically well founded. But it shows why an apparently strong own position does not secure inactivity.
Therefore provide legal assistance first with the served order and the state of service, not only your desired detailed account. If legal representation already exists, clarify the actual receipt and the assumption of the time‑limited handling. Do not rely solely on an earlier general consultation.
The court's response, a possible settlement and a practical housing plan can then be coordinated and worked on. None of these tracks automatically fulfils the other. If the deadline has already passed or there is another court letter you need immediate individual help; this overview promises neither a retrospective cure nor a particular outcome of the eviction proceedings.