Enforcement proceedings: applying for a temporary stay in the case of an action to prevent enforcement or an action against the enforcement clause.

Prerequisites

• You have filed an action to prevent enforcement or an action against the enforcement clause.
• Their objections are justified.
• Enforcement measures have already begun or are imminent.
• The court considers your temporary protection to be justified.
• Their interest in avoiding disadvantages from enforcement outweighs the creditor's interest in enforcing their claim.

Documents required

• In your application, make it credible that your action to prevent enforcement or your action against the enforcement clause has a prospect of success.
• Evidence that substantiates your objections (for example, receipts, affidavits)

Please note

Clearly refer your application to the action to set aside enforcement or the action against the enforcement clause. Without this connection, the application will be rejected.

In urgent cases, the competent authority may set a deadline by which the decision on the action to set aside enforcement or the action against the enforcement clause must be submitted. If this deadline expires without a decision being made, enforcement will continue.

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 preliminary injunction before or immediately at the start of enforcement.

Procedure

• You have filed an action to prevent enforcement or an action against the enforcement clause.
• They apply to the competent authority for a temporary suspension of the enforcement order, submitting the required documents.
• The responsible authority will review your application and documents. If necessary, they will request further documents or information from you.
• The responsible authority checks the requirements.
• The relevant authority will decide on your application.
• You will receive a decision.
• Enforcement will be stopped, restricted, or continued.

Processing time

The processing time depends on the individual case and the upcoming enforcement measure.

Fees

Court fees will be incurred for the application in accordance with the Court Fees Act (GKG).


The amount depends on the value in dispute. This is usually based on the amount of the claim being enforced.

Legal remedies

Complaint

Legal basis

Section 769 of the Code of Civil Procedure (ZPO)


https://www.gesetze-im-internet.de/zpo/__769.html