💶 Debt caused by addiction
In brief
Addiction and over-indebtedness often interact: addiction can lead to debt, and financial hardship can increase the urge to use. According to debt advice centres, illness (including addiction) is, besides unemployment, a frequently cited main cause of over-indebtedness – but there is no exact nationwide statistic specifically on addiction-related debt.
For people receiving Bürgergeld/Grundsicherungsgeld, debt counselling is a local-authority integration benefit; specialised debt counselling only for people with addiction is not specifically provided for by law. Anyone who has run up private debts can, through insolvency proceedings, achieve discharge of residual debt (Restschuldbefreiung) after as a rule three years.
Step by step
- Contact debt counsellingVia Caritas, Diakonie, AWO, Verbraucherzentrale (consumer advice centre) or – if you receive SGB II benefits – via the Jobcenter (§ 16a SGB II).
- Get an overview togetherTake stock of all claims, check for immoral or ineffective claims (e.g. in the case of gambling-debt loans).
- Try an out-of-court settlementBefore insolvency proceedings, an attempt at out-of-court debt settlement usually comes first.
- If necessary, file for personal insolvencyAfter the assignment period (as a rule 3 years) has ended, discharge of residual debt can be achieved.
Deadlines
- There is no separate, statutory "debt counselling for people with addiction" – it is mostly general debt counselling in cooperation with addiction services.
- § 762 BGB (imperfect obligation arising from games and bets) concerns only the gambling debt itself, not a loan taken out to finance gambling – other rules apply here (§ 138 BGB).
- For insolvency applications before 1 October 2020, the old 6-year rule with the possibility of shortening still applies, not the 3-year rule.
In depth · legal basis, figures and practice – for advisers and professionals
Link between addiction and debt
Debt advice centres and welfare associations regularly describe addiction as one cause of over-indebtedness, without a nationwide uniform, officially verified statistic on its exact frequency.
Debt counselling as an integration benefit
§ 16a Nr. 2 SGB II lists debt counselling as a local-authority integration benefit if it is necessary for integration into work (confirmed regarding cost coverage by BSG, judgment of 21 July 2021, B 14 AS 18/20 R). Outside SGB II, general debt counselling mostly runs through advice centres run by local authorities or welfare associations under state law.
Personal insolvency
For proceedings with an application from 1 October 2020, the standard length of the assignment period until discharge of residual debt is three years (§ 287 Abs. 2 InsO); the discharge itself is granted under § 300 InsO; § 287a InsO regulates a good-faith check, and §§ 290, 297 ff. InsO name grounds for refusal. For old proceedings, the former 6-year rule with possibilities of shortening still applies.
Gambling debts
The gambling debt itself is, under § 762 BGB, an "imperfect obligation" (not enforceable in court, but not automatically void). A loan taken out specifically to finance gambling, by contrast, can be immoral and void under § 138 BGB if the lender acts out of its own profit interest – the leading decision on this is BGH, judgment of 9 February 1961, VII ZR 183/59; no more recent development by the highest courts was found in the research. On claims for recovery from illegal online gambling see "Gambling addiction".
Uncertain/not conclusively clarified
A reliable official statistic on the share of addiction-related over-indebtedness cases, and a nationally uniform category "specialised debt counselling for people with addiction", could not be found.
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