Wegweiser Debtors · Ways out of debt Deutsch

🧭 Overview: debt and ways out

The stages of debt: reminder, garnishment, settlement or consumer insolvency with discharge of residual debt after 3 years.

debt private insolvency discharge of residual debt garnishment payment order debt counselling

In brief

If you can no longer pay your debts, you have several options. The important thing is not to wait and not to leave mail from the court or the bailiff unopened.

The usual route: you get advice, try to reach a settlement with your creditors and, if that fails, apply for consumer insolvency. In the end, you may get a discharge of residual debt (Restschuldbefreiung). The assignment period is usually 3 years.

These pages give information, not legal advice.

Step by step

  1. Open your mail and note deadlinesA payment order (Mahnbescheid) and an enforcement order (Vollstreckungsbescheid) in particular each have short deadlines of two weeks.
  2. Go to a debt counselling serviceRecognised advice centres help with getting an overview, reaching a settlement and filing for insolvency.
  3. Protect your account and incomeA protected account (P-Konto) shields a basic amount from garnishment; wage garnishment is subject to exemption limits.
  4. Plan your way out of debtOut-of-court settlement first; if that fails, consumer insolvency with discharge of residual debt.

Deadlines

3 years
Standard assignment period until discharge of residual debt, counted from the opening of insolvency proceedings.§ 287 Abs. 2 Satz 1 InsO
2 weeks
Objection (Widerspruch) to the payment order.§ 692 Abs. 1 Nr. 3 ZPO
Watch out – common mistakes
  • Deadlines for court mail run from service of the document; missed deadlines can lead to an enforcement order.
  • Certain debts are excluded from discharge of residual debt, for example liabilities from intentionally committed torts, maintenance arrears and criminal fines (§ 302 InsO).
  • If you want a discharge of residual debt again, you may be barred if one was granted in the last eleven years (§ 287a InsO).
  • Treat offers like "debts gone in return for advance payment" with caution; recognised advice centres run by welfare associations are usually free of charge.
In depth · legal basis, figures and practice – for advisers and professionals

Step-by-step route

Creditors can obtain an enforceable title through the payment order procedure (§§ 688 ff. ZPO) and then enforce it. Debtors can take the route of an out-of-court settlement attempt and consumer insolvency proceedings (§§ 304 ff. InsO).

Discharge of residual debt

Discharge of residual debt requires an application (§ 287 Abs. 1 InsO). The debtor assigns attachable income to a trustee for the assignment period; it is 3 years after the opening of proceedings (§ 287 Abs. 2 InsO). If discharge was already granted on an application made after 30 September 2020, the period in the new proceedings is 5 years (§ 287 Abs. 2 Satz 2 InsO).

Exceptions

§ 302 InsO lists claims that are not discharged: liabilities from intentionally committed torts, maintenance arrears, certain tax debts following a conviction, criminal fines and interest-free loans to cover procedural costs.

Who is responsible
  • Debt and insolvency counselling services (Verbraucherzentrale, welfare associations, municipalities)
  • Amtsgericht (local court) – enforcement court
  • Amtsgericht (local court) – insolvency court
Further reading
Debt counselling: the first stepConsumer insolvency and discharge of residual debtAdvice and points of contact

Quick questions

Worum geht es bei „Overview: debt and ways out“?
The stages of debt: reminder, garnishment, settlement or consumer insolvency with discharge of residual debt after 3 years.
Which deadlines and figures matter?
  • 3 years: Standard assignment period until discharge of residual debt, counted from the opening of insolvency proceedings. (§ 287 Abs. 2 Satz 1 InsO)
  • 2 weeks: Objection (Widerspruch) to the payment order. (§ 692 Abs. 1 Nr. 3 ZPO)
What should I do first?
  • Open your mail and note deadlines: A payment order (Mahnbescheid) and an enforcement order (Vollstreckungsbescheid) in particular each have short deadlines of two weeks.
  • Go to a debt counselling service: Recognised advice centres help with getting an overview, reaching a settlement and filing for insolvency.
  • Protect your account and income: A protected account (P-Konto) shields a basic amount from garnishment; wage garnishment is subject to exemption limits.
What do I need to watch out for?
  • Deadlines for court mail run from service of the document; missed deadlines can lead to an enforcement order.
  • Certain debts are excluded from discharge of residual debt, for example liabilities from intentionally committed torts, maintenance arrears and criminal fines (§ 302 InsO).
  • If you want a discharge of residual debt again, you may be barred if one was granted in the last eleven years (§ 287a InsO).
Evidence
  • Gesetze im Internet, InsO §§ 287, 287a, 302, retrieved 20 September 2026
  • Gesetze im Internet, ZPO § 692, retrieved 20 September 2026
  • Bundesarbeitsgemeinschaft Schuldnerberatung, bag-sb.de, retrieved 20 September 2026
As of

September 2026 · Sources and method

A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.