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You received an Abmahnung: what to do

How to take an Abmahnung apart, why the enclosed form should not be signed, and what money the law allows to be demanded.

βœ“ Checked: 11/08/2026

An Abmahnung is an out-of-court letter in which a rights holder or a competitor demands that an infringement stop. The law treats it as the step before litigation: the sender should give the other side a chance to settle by accepting an undertaking to desist. But the letter has a second half β€” the enclosed form of that undertaking and a demand for money. The money demand is finite; a signed undertaking keeps working for years after the dispute is forgotten.

  1. 1

    STEP

    Work out what the letter is and who sent it

    The German word Abmahnung covers three different things. Establish which one you are facing, then check whether the letter contains the details the law requires.

  2. 2

    STEP

    The deadline and the enclosed undertaking

    The real trap is not the money but the enclosed UnterlassungserklΓ€rung. The other side writes its wording, and signing it as supplied is almost never the right move.

  3. 3

    STEP

    Break down the money being demanded

    These letters usually contain two separate claims: the senders costs and damages for the infringement. The law caps the first, and in competition law rules it out entirely in some cases.

  4. 4

    STEP

    Replying: the options and what they cost

    There are several ways to reply and they close the dispute differently. Separately, the law gives the recipient a claim of their own if the warning was unjustified or ineffective.

  5. 5

    STEP

    After signing: the penalty and how long it lasts

    A signed undertaking keeps working long after the money is paid. The law is built so that where the duty is to refrain from something, the penalty falls due on the breach itself.

COSTS AND DEADLINES

Deadlines you cannot miss

  • The sender sets the deadline; a few days to two weeks is usualThe deadline and the enclosed undertakinghard deadline

Amounts follow official fees as of each step’s verification date. Your city may charge a different rate β€” check the step itself.

β€Ί More about this route

This route takes the letter apart piece by piece: how it differs from an employment warning and a landlord warning, which four items the law makes mandatory and what follows if they are missing, why the enclosed form is almost never signed as supplied, what makes up the sum demanded and when the law caps or excludes it, and what actually binds you once you sign. We do not assess your particular situation and promise no outcome β€” the route shows how the procedure is built and where decisions become irreversible.

WHERE PEOPLE MOST OFTEN LOSE MONEY AND TIME

FREQUENTLY ASKED QUESTIONS ABOUT THIS ROUTE

Who actually receives these letters?β–Ύ

Most often private individuals over the use of someone elses photos, music or text, and businesses over how an online shop is set up, over advertising, and over mandatory information on a website. What both share is that a right has been infringed and the other side wants it stopped, not just paid for.

How is this different from a Mahnung or a Mahnbescheid?β–Ύ

A Mahnung is a reminder about an unpaid debt and a Mahnbescheid is the court procedure for one. Here money is demanded not for a debt but for infringing a right, and the heart of the letter is not the money but the signature on a duty to desist.

Do I have to involve a lawyer?β–Ύ

The law does not require it, and straightforward cases are handled personally. But the deadline is short and a signature is irreversible and long-lived, so an assessment before the deadline usually costs less than the consequences of signing in haste.

Does legal expenses insurance help?β–Ύ

Only if it was in place before the dispute arose: such policies do not cover events that predate them. Taking one out after the letter arrives is too late for this case.

WHAT USUALLY COMES NEXT

What comes next

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