Acknowledgment of Receipt
Das Acknowledgment of Receipt is a term established in German procedural law. It refers to a legally binding declaration by which, in particular, attorneys, authorities, or notaries confirm to courts the receipt of specific documents, especially judicial documents. The acknowledgment of receipt serves as proof of service and is explicitly regulated in various procedural codes. Proper application and the legal framework are of central importance for the effectiveness of service.
Legal Foundations and Significance
Definition
The acknowledgment of receipt is a formalized declaration to a judicial authority or a court confirming that a specific document—such as a statement of claim, a judgment, or any other judicial notification—has actually been received. In certain situations, the acknowledgment of receipt replaces formal service of the document by a bailiff or by postal service with a certificate of delivery.
Legal Provisions
The most important provision is found in Section 174 of the Code of Civil Procedure (ZPO). According to Section 174 (1) ZPO, a document may be served on the attorney of record of a party, as well as on other authorized representatives under the relevant procedural rules, by simple transmission together with a request to submit an acknowledgment of receipt. Comparable regulations also exist in the procedural rules for criminal procedure (Section 37 StPO), administrative courts (Section 56 VwGO), tax courts (Section 53 FGO), and social courts (Section 63 SGG).
Form and Content
Formal Requirements
The acknowledgment of receipt must generally be made in writing and is usually to be completed and signed on a form attached by the court or authority and returned. Alternatively, the acknowledgment of receipt can also be transmitted as an electronic document, provided the requirements of Sections 130a et seq. ZPO are met. A handwritten signature or a qualified electronic signature is typically required.
Substantive Requirements
The declaration must clearly identify the document received and specify the date of actual receipt. Besides the date, the exact designation of the document, reference to the case number, and signature, no further content is required. Recording the precise date of receipt is legally relevant for the calculation of deadlines.
Legal Effects and Significance in Procedural Course
Fiction of Service and Start of Deadlines
Upon receipt of the acknowledgment of receipt by the court, the relevant document is considered served. The receipt of this acknowledgment triggers the running of time limits for the recipient, such as objection, appeal, or complaint deadlines pursuant to Section 189 ZPO. Jurisprudence emphasizes that not dispatch, but actual receipt of the acknowledgment by the court replaces formal service.
Missed Deadlines and Burden of Proof
The submission of the acknowledgment of receipt is an obligation. If omitted, procedural disadvantages may arise for the recipient. Delays or intentional omission of returning the acknowledgment do not alter the fact that the document may still be deemed served—especially when the acknowledgment specifies the actual date of receipt. Providing incorrect receipt dates can have far-reaching consequences, such as sanctions.
Implications in Civil and Administrative Proceedings
In civil proceedings, the acknowledgment of receipt is mandatory for attorneys as soon as documents are sent by the court requesting such an acknowledgment. It is also required in administrative, social, or tax court proceedings. The acknowledgment ensures documentation of service and provides transparency and traceability in the proceedings.
Special Situations
Electronic Acknowledgment of Receipt
With digitalization and the introduction of the special electronic attorney mailbox (beA), the electronic acknowledgment of receipt was established under Section 173 (3) ZPO. Since 2018, it must be submitted via beA whenever a document is served electronically. The obligation for electronic submission is based on a further development of traditional service methods and is gaining increasing importance in electronic legal communications.
Acknowledgment of Receipt by Authorities and Notaries
In addition to attorneys of record, authorities and notaries may also be required to provide an acknowledgment of receipt—for example, if they represent parties in proceedings or are involved in receiving court correspondence. The same formal requirements apply, and in these cases, the acknowledgment serves as proof to the court.
Distinctions and Particularities
Difference from Postal Service Order and Service Certificate
The acknowledgment of receipt must be distinguished from a postal service order or a certificate of delivery by the bailiff. While the latter document service to private individuals and parties without legal representation, the acknowledgment of receipt serves as proof of service when delivered to legally qualified recipients.
No Acknowledgment of Receipt in Direct Dealings
An acknowledgment of receipt only applies when delivering to certain recipient groups expressly listed in the law. For delivery to private individuals or companies without legal representation, formal service via certificate of delivery is required.
Case Law and Practical Issues
Courts require a precise statement of the date of receipt in the acknowledgment of receipt. Giving an incorrect date can have legal consequences, such as reinstatement to the previous status in case of demonstrable misinformation. At the same time, an unjustifiably unreturned acknowledgment does not retroactively constitute fiction of service—the objectively correct date of receipt is decisive.
Significance in Various Types of Proceedings
Civil Proceedings
In civil proceedings, the acknowledgment of receipt is the standard for authorized representatives. It serves to expedite proceedings and ensures independence from postal proof.
Administrative, Tax, and Social Court Proceedings
In these proceedings as well, the acknowledgment of receipt is considered a permissible alternative to formal service, provided there is an authorized recipient on the opposing side.
Criminal Proceedings
In criminal proceedings, the acknowledgment of receipt plays a role particularly in lawyer-assisted cases to facilitate formal proof of service.
Summary
The acknowledgment of receipt is an important instrument in German procedural law for simplifying and expediting service of court documents to recipients who are specifically authorized to receive them. It replaces more elaborate service procedures, documents the starting date for deadlines, and is a central component of modern, electronically supported legal communications. Compliance with formal requirements and accurate recording of the date of receipt are crucial for the procedure and legal certainty in the process.
Frequently Asked Questions
When is an acknowledgment of receipt required in civil procedural law?
An acknowledgment of receipt is required in civil procedural law whenever documents from a court or written submissions by parties are to be formally served, but party service with acknowledgment of receipt under Section 174 ZPO is permissible. This particularly concerns attorneys to whom submissions in civil proceedings, family matters, and voluntary jurisdiction can be served against acknowledgment of receipt. In this context, the acknowledgment serves as proof of service and of the exact date thereof. For parties without a mandatory attorney, service with acknowledgment of receipt is not provided for; they usually receive documents by certificate of service, registered mail, or through a bailiff.
What are the legal consequences of a falsely or belatedly issued acknowledgment of receipt?
Issuing a false acknowledgment of receipt, in particular stating the wrong date or deliberately backdating or pre-dating, can have serious legal consequences. As the acknowledgment of receipt constitutes a public document under Section 348 StGB, the issuer is guilty of forgery of documents under Sections 267, 348 StGB if incorrect information is given. Moreover, a belatedly issued acknowledgment can result in deadlines (e.g., for filing an appeal) being incorrectly calculated, which in turn can trigger liability issues for the issuing attorney. There is an obligation to complete the acknowledgment of receipt promptly and truthfully and to return the original.
Who is authorized to sign an acknowledgment of receipt?
An acknowledgment of receipt may only be signed by persons who are legally entitled to act as authorized recipients in the specific proceeding. These are generally the attorneys admitted in the proceedings, legal representatives, or other persons authorized to receive specific documents (e.g., notaries in certain cases). Ordinary employees of a law firm are generally not authorized; however, in certain cases an employee may sign with the express authorization of the attorney, and this authorization must be clearly apparent for the specific case (for instance, by adding “for the attorney X, with power of attorney”). Otherwise, the acknowledgment of receipt has no legal effect.
Can an acknowledgment of receipt be revoked or corrected?
An acknowledgment of receipt once given is generally binding, as it legally documents the receipt of the document and the date of actual receipt. Exceptionally, if a demonstrable error about the actual date of receipt is discovered (for example, because a written submission was misidentified or missing), a correction may be made. However, this correction must be made promptly and notified to the court and the opposing party. Mere revocation is not possible as the acknowledgment functions as a deed. If an incorrect statement is only discovered later as a result of a breach of actual circumstances, there is a risk of criminal and professional sanctions.
What formal requirements must be observed when issuing an acknowledgment of receipt?
An acknowledgment of receipt must be completed in writing and signed by hand on the form provided or certified by the court. It must include the date of actual receipt of the document as well as the designation of the served document. Electronic service, as permitted under Section 174 (4) ZPO in the special attorney mailbox (beA), requires a qualified electronic signature. The return of the acknowledgment must—depending on the method of service—be sent either in the original by mail or electronically with a qualified signature. Sample forms and specific requirements are set out in the respective procedural rules (especially ZPO, FamFG, StPO).
What deadlines are triggered by an acknowledgment of receipt?
The date of service specified on the acknowledgment of receipt is decisive for the calculation of deadlines in court proceedings. Upon receipt of a document confirmed by acknowledgment, important deadlines begin to run, such as those for filing appeals, revisions, or other legal remedies (Section 222 ZPO in conjunction with Sections 186 et seq. BGB). The date entered on the acknowledgment of receipt is binding for all parties, so an incorrect date entry can have significant impacts on the validity of legal remedies and may result in liability for the signatory if deadlines are missed as a result.
What obligations does a lawyer have regarding the acknowledgment of receipt?
A lawyer is obligated to complete the acknowledgment of receipt promptly after receiving a served document, sign it by hand, and return it to the serving court or sender. The date of actual receipt must be correctly entered without exception. This duty is part of the professional duty of care and is supplemented by professional regulations. Failure to comply can result in professional sanctions such as warnings or fines, as well as liability consequences for the client. Furthermore, if the acknowledgment of receipt is present, the opportunity to dispute receipt and, thus, deadlines in detail at a later stage is foreclosed.
