Apply for an injunction against enforcement proceedings

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

Detailed description

You can apply for a prohibition of enforcement measures if carrying out the enforcement would constitute an unreasonable, particular hardship in the specific individual case.


Typical situations in which such an application might be considered are cases where enforcement would lead to serious disadvantages that go beyond what is normally associated with enforcement proceedings. This could be the case, for example, with an acute threat to health, an existential emergency, or special family circumstances.


The creditor may not continue enforcement for these measures as long as the prohibition is in effect.


The prohibition only applies to the enforcement proceedings themselves. It does not automatically lead to the cancellation of the claim. The creditor can still attempt to collect the debt through other means if no further obstacles exist.

 

Information

Prerequisites

Enforcement proceedings are exceptionally burdensome for you as a debtor, for example due to:

  • acute health risks (for example, serious illness, risk of suicide)
  • impending homelessness among vulnerable people
  • extreme economic or family emergencies

General financial strain or mere stress is not enough.


The enforcement measure is already being carried out or is obviously imminent.

Documents required

In your application, please explain specifically why there is an acute, unreasonable hardship or health risk.


Important documents to submit include:

  • medical certificates or other evidence of acute hardship or danger
  • If applicable, documents proving enforcement (attachment order, notice of enforcement)

Submit current medical certificates or other evidence promptly with your application to substantiate the acute danger.

Please note

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


  • You can apply for an injunction if enforcement proceedings are imminent or already underway.

  • Submit your application as early as possible.

Procedure

  • As the debtor, you apply to the competent authority for a prohibition of enforcement proceedings, submitting the required documents.
  • The responsible authority will review your application and the submitted documents. If necessary, they will request further documents or information from you.
  • The relevant authority will decide on your application.
    • Possible results:
      • Complete prohibition of enforcement – enforcement measures may not be continued.
      • Partial prohibition - certain measures or parts of the enforcement may not be continued.
      • Rejection of the application – the enforcement measures may continue as requested.
  • The responsible enforcement officers and authorities will be informed if enforcement cannot be continued.
  • The responsible authority will inform you and the creditors of the decision in writing.

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: Apply for protection against enforcement Enforcement of judgments poses a health risk. Application for judicial protection against enforcement

Last updated: 04.10.2026