Enforcement proceedings: in exceptional cases, a temporary stay of execution can be requested.

Prerequisites

• Enforcement proceedings are exceptionally burdensome for you as a debtor, for example due to:
  • acute health risks, such as serious illness or 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.
• The hardship for you as the debtor outweighs the creditor's legitimate interest in enforcing their claim.

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 a temporary stay if enforcement proceedings are imminent or already underway.


• Submit your application as early as possible.

Procedure

• As the debtor, you apply for a temporary suspension of enforcement proceedings by submitting 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 relevant authority will decide on your application.
  • Possible results:
    • Temporary suspension of enforcement proceedings – enforcement measures are stopped immediately.
    • Partial temporary suspension (for example, only part of the income is garnished or the garnishment of the account is stopped, while the garnishment of movable property continues)
• The responsible enforcement officers and authorities will be informed that enforcement may not be continued.
• The responsible authority will inform you and the creditors of the decision in writing.

Processing time

The responsible authority usually processes applications for a temporary suspension of enforcement proceedings very quickly.

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