Enforcement proceedings: Applying for a stay of execution in exceptional cases

Prerequisites

• Enforcement will temporarily place a heavy burden on your subsistence level or your basic living situation.
• The burden is temporary. Your situation is expected to improve.
• The enforcement measure is already being carried out or is obviously imminent.

Documents required

In your application, explain why the enforcement proceedings constitute a temporary and unreasonable hardship for you. Specify which enforcement measures are affected.

Important documents to submit include:

• 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

You can request a temporary postponement until a final decision is made on your application.

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 a postponement as early as possible, ideally as soon as you learn of the enforcement action.

Procedure

• As the debtor, you must submit a written application for a temporary suspension of enforcement proceedings, along with the required documents, to the competent 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 postponement of enforcement proceedings
    • Partial deferral (for example, only part of the income is garnished)
• You and the creditor will be informed of the decision by the responsible authority.
• The enforcement measure will be lifted or restricted.
• After a judgment has been set aside, enforcement proceedings may not be carried out again for the same title as long as the decision remains in effect.
• Partial cancellations can be adjusted if your financial situation changes.
• After the deferral has expired, enforcement can be resumed unless the court grants an extension or makes a new ruling.
• You can submit another application if your situation remains unchanged or worsens.

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