⚖️ Bailiff and asset disclosure
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
- Take the payment demand seriouslyThe appointment may follow two weeks after the demand.
- Bring documents to the appointmentThe appointment provides for the submission of proof.
- Give complete and correct informationYou affirm it by affidavit.
- Use adviceInstalment payments or insolvency can also be considered.
Deadlines
- 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).
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