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Notice To Sue

Notice To Sue Template for Austria

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Key Requirements PROMPT example:

Notice To Sue

"I need to draft a Notice to Sue for my manufacturing company to recover 鈧75,000 in unpaid invoices from a defaulting business customer in Vienna, with the last invoice dating from January 2025."

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Document background
The Notice to Sue (Mahnklage) is a crucial legal instrument in the Austrian legal system, used when a party seeks to recover monetary claims through formal court proceedings. This document is particularly relevant when informal collection attempts or demand letters have proven unsuccessful. It must be drafted in accordance with the Austrian Civil Procedure Code (Zivilprozessordnung) and requires specific formal elements including exact claim amounts, interest calculations, and comprehensive documentation of the underlying legal relationship. The Notice to Sue serves as the initiating document for court proceedings and must be served to the defendant according to Austrian legal requirements. It is commonly used in both business-to-business and business-to-consumer contexts, particularly in cases involving unpaid invoices, contractual disputes, or damage claims.
Suggested Sections

1. Court Details: Specification of the competent court being addressed

2. Party Information: Complete details of both plaintiff and defendant, including names, addresses, and any registration numbers for legal entities

3. Claim Amount: Precise specification of the monetary claim including any interest calculations and costs

4. Legal Grounds: Clear and concise statement of the legal basis for the claim

5. Factual Background: Chronological presentation of relevant facts supporting the claim

6. Evidence List: List of all evidence supporting the claim (documents, witnesses, etc.)

7. Legal Relief Sought: Specific request for judgment including exact amount and any interest claims

8. Procedural Requirements: Confirmation that all procedural prerequisites are met

9. Signature Block: Date, place, and signature of the plaintiff or their legal representative

Optional Sections

1. Jurisdiction Statement: Required only when dealing with cross-border disputes or when jurisdiction might be contested

2. Prior Attempts at Settlement: Include when there have been previous attempts to resolve the dispute

3. Urgency Declaration: Added when requesting expedited proceedings

4. Power of Attorney: Required only when the notice is filed through a legal representative

5. Request for Default Judgment: Optional section requesting judgment in case of defendant's failure to respond

Suggested Schedules

1. Documentary Evidence: Copies of all relevant documents supporting the claim (contracts, invoices, correspondence)

2. Calculation Sheet: Detailed breakdown of the claimed amount including interest calculations

3. Proof of Authority: Power of attorney document if filed by a legal representative

4. Payment History: Documentation of any partial payments or previous payment demands

5. Corporate Documents: Required when parties are legal entities - extract from commercial register, etc.

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions




















Clauses















Relevant Industries

Banking and Financial Services

Manufacturing

Retail

Construction

Real Estate

Professional Services

Technology

Healthcare

Transportation and Logistics

Energy

Telecommunications

Insurance

Wholesale Trade

Consumer Goods

Business Services

Relevant Teams

Legal

Finance

Accounts Receivable

Credit Control

Risk Management

Compliance

Treasury

Operations

Contract Management

Relevant Roles

Legal Counsel

Corporate Lawyer

Debt Collection Manager

Credit Controller

Accounts Receivable Manager

Risk Manager

Compliance Officer

Contract Manager

Chief Legal Officer

Finance Director

Credit Risk Analyst

Treasury Manager

Business Development Manager

Operations Manager

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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