Wegweiser Debtors · Ways out of debt Deutsch

⚖️ Bailiff and asset disclosure

When the bailiff may demand information about your assets and what you have to disclose.

In brief

The bailiff (Gerichtsvollzieher) enforces claims of creditors who hold an enforceable title. They first ask you to pay.

If you do not pay, after two weeks they can set an appointment for asset disclosure (Vermögensauskunft). There you must state your assets and affirm the information by affidavit.

Step by step

  1. Take the payment demand seriouslyThe appointment may follow two weeks after the demand.
  2. Bring documents to the appointmentThe appointment provides for the submission of proof.
  3. Give complete and correct informationYou affirm it by affidavit.
  4. Use adviceInstalment payments or insolvency can also be considered.

Deadlines

2 weeks
Minimum time that must have passed since the payment demand before asset disclosure may be required.§ 802f Abs. 1 ZPO
1 week
Period to challenge the choice of another place for the disclosure (home, another place, video transmission).§ 802f Abs. 4 ZPO
2 years
No repeat asset disclosure, unless your financial circumstances have changed significantly.§ 802d Abs. 1 ZPO
3 years
Deletion of the entry in the debtor register from the date of the entry order; earlier if the creditor is satisfied.§ 882e Abs. 1 ZPO
Watch out – common mistakes
  • False or incomplete information in the lists can later jeopardise the discharge of residual debt.
  • If you fail to appear or refuse, consequences follow according to the instructions in the summons; details are in the summons letter.
  • An entry in the debtor register is possible (§ 882c ZPO); it is deleted after 3 years from the date of the entry order, earlier if the creditor is satisfied (§ 882e Abs. 1 ZPO).
  • Get advice on instalment offers before you sign.
In depth · legal basis, figures and practice – for advisers and professionals

Requirements

The bailiff may only obtain the asset disclosure once they have asked the debtor to pay, two weeks have passed since that demand and the debt has not been paid (§ 802f Abs. 1 ZPO). The appointment can take place on their premises, at the debtor's home, at another suitable place or by video and audio transmission; the choice of place can be objected to within one week (§ 802f Abs. 4 ZPO). Anyone who has already given the disclosure in the last two years does not have to give it again, except where their financial circumstances have changed significantly (§ 802d Abs. 1 ZPO). Video hearings must not be recorded.

Content

Under § 802c ZPO all assets must be stated (items under § 811 ZPO in principle not, § 802c Abs. 1 Satz 2 ZPO); for claims, the grounds and evidence; paid transfers to closely related persons in the last two years and gifts and other free-of-charge benefits in the last four years (except low-value occasional gifts). The debtor affirms by affidavit that the information has been given completely to the best of their knowledge and belief.

Debtor register

The entry in the debtor register (Schuldnerverzeichnis) is governed by § 882c ZPO. It is deleted after three years from the day of the entry order, earlier if the creditor is satisfied (§ 882e Abs. 1 ZPO).

Who is responsible
  • Bailiff (Gerichtsvollzieher) at the Amtsgericht
  • Amtsgericht (local court) – enforcement court
  • Debt counselling

Quick questions

Worum geht es bei „Bailiff and asset disclosure“?
When the bailiff may demand information about your assets and what you have to disclose.
Which deadlines and figures matter?
  • 2 weeks: Minimum time that must have passed since the payment demand before asset disclosure may be required. (§ 802f Abs. 1 ZPO)
  • 1 week: Period to challenge the choice of another place for the disclosure (home, another place, video transmission). (§ 802f Abs. 4 ZPO)
  • 2 years: No repeat asset disclosure, unless your financial circumstances have changed significantly. (§ 802d Abs. 1 ZPO)
  • 3 years: Deletion of the entry in the debtor register from the date of the entry order; earlier if the creditor is satisfied. (§ 882e Abs. 1 ZPO)
What should I do first?
  • Take the payment demand seriously: The appointment may follow two weeks after the demand.
  • Bring documents to the appointment: The appointment provides for the submission of proof.
  • Give complete and correct information: You affirm it by affidavit.
What do I need to watch out for?
  • False or incomplete information in the lists can later jeopardise the discharge of residual debt.
  • If you fail to appear or refuse, consequences follow according to the instructions in the summons; details are in the summons letter.
  • An entry in the debtor register is possible (§ 882c ZPO); it is deleted after 3 years from the date of the entry order, earlier if the creditor is satisfied (§ 882e Abs. 1 ZPO).
Evidence
  • Gesetze im Internet, ZPO §§ 802d, 802f, 882c, 882e, retrieved 20 September 2026
  • Gesetze im Internet, ZPO § 802c, retrieved 20 September 2026
  • Gesetze im Internet, InsO § 290, retrieved 20 September 2026
As of

September 2026 · Sources and method

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