Enforcement proceedings: Application for cancellation in exceptional cases

Are you affected by enforcement measures? Here you can find out how to apply for a cancellation in certain exceptional cases.

Detailed description

Enforcement proceedings serve to enable creditors to enforce their claims.


However, it can place a considerable burden on you as a debtor, especially if it jeopardizes your economic or personal livelihood.


If you are affected by enforcement measures that constitute an unreasonable hardship for you, you can request that the enforcement measures be reviewed and, if necessary, lifted in whole or in part.

 

Information

Prerequisites

  • The enforcement measure constitutes an unreasonable hardship for you as the debtor.
  • The enforcement measure jeopardizes your subsistence level or your basic living situation through
    • Seizure of income necessary for subsistence or
    • Health or family hardships.
  • The enforcement measure is already being carried out.

Documents required

In your application, explain why the enforcement proceedings would constitute an unreasonable hardship for you.

  • Overview of debts and assets
  • current payslips or pension/social benefit statements
  • For self-employed individuals: income statement or bank statements
  • Rental agreement and current rent or utility bills
  • Documents relating to electricity, heating, insurance
  • Proof of child or spousal support
  • Notices or agreements
  • Medical certificates or attestations regarding health limitations
  • Evidence of special family or social circumstances
  • Garnishment and transfer order
  • Letter from the bailiff or the bank

Please note

If your financial situation changes significantly, you can submit a new application.


The local court does not provide legal advice. Please contact authorized law firms or notaries.


The Public Legal Information Office (ÖRA) offers affordable legal advice for people with low incomes.

Deadlines

Apply for the cancellation as early as possible, ideally as soon as you learn of the enforcement measure.

Procedure

  • As the debtor, you submit a written application with the required documents to the responsible authority.
  • The responsible authority will review your application and the submitted documents. If necessary, they will request further documents or information from you.
  • The responsible authority will request the creditor to comment on your application. He or she may raise objections or propose a settlement.
  • The relevant authority will decide on your application.
    • Possible results:
      • Complete suspension of enforcement proceedings
      • Partial cancellation (for example, only part of the income is garnished)
  • The responsible authority will inform you and the creditor of the decision in writing.
  • The enforcement measure will be lifted or restricted.

Processing time

The processing time depends on the individual case.

Fees

no

Legal remedies

immediate complaint

Legal basis

Section 765a of the Code of Civil Procedure (ZPO)


https://www.gesetze-im-internet.de/zpo/__765a.html

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Keywords: Stop enforcement Apply for protection against enforcement Cancellation of attachments Appeal enforcement order

Last updated: 13.08.2026