Definition and fundamentals of the enforcement order
Ein Enforcement order is a legal instruction issued by a creditor to a competent enforcement authority, usually a bailiff or enforcement agency, to compel the enforcement of an enforceable claim, such as a monetary claim. The legal basis in Germany is primarily provided by the German Code of Civil Procedure (ZPO), alongside special statutory provisions such as the Fiscal Code (AO) or the Administrative Enforcement Act (VwVG).
The purpose of the enforcement order is the realization of a claim by way of compulsory enforcement if the debtor does not voluntarily comply with a court decision.
Legal classification of the enforcement order
Requirements for issuing an enforcement order
Several requirements must be met to issue an enforcement order:
Enforcement title
Compulsory enforcement usually requires the existence of a so-called enforcement title as a prerequisite (§ 704 ZPO). This particularly includes:
- Court judgments and decisions
- Enforceable public deeds
- Settlement deeds (§ 794 ZPO)
- Enforcement notices (§ 794 Para. 1 No. 4 ZPO)
Enforcement clause and service
Before initiating enforcement, the title must be provided with an enforcement clause (§ 724 ZPO) and must have been properly served on the debtor (§ 750 Para. 1 ZPO). Only afterward can the creditor initiate the enforcement order.
Entitlement to file an application and jurisdiction
Only the creditor entitled under the title or their legal representative is authorized to file an application. The enforcement order is directed to the substantively and locationally competent enforcement authority or bailiff.
Content and form of the enforcement order
Content requirements
The enforcement order must be formulated clearly and unambiguously. In particular, it must include the following information:
- Name and address of creditor and debtor
- Description of the enforcement title including issue date
- Proof of service of the title
- Amount or item for which enforcement is sought
- Exact description of the enforcement action requested (e.g. seizure of property, enforcement of delivery)
Formal requirements
According to § 753 ZPO, the use of an official form is prescribed for certain enforcement actions (e.g. electronic application for asset investigation). The application to the bailiff must generally be made in writing. For electronic communication, the requirements of § 130a ZPO apply.
Supplementary instructions and orders
The enforcement order may contain instructions regarding the manner in which enforcement is to be carried out (e.g.: do not accept partial payments; immediate seizure of motor vehicles), as long as these are within the legal framework.
Types of enforcement orders at a glance
Compulsory enforcement of monetary claims
For claims for payment of money, the most common form of enforcement order is instructing a bailiff with:
- Seizure of movable property (§ 808 ZPO)
- Account garnishment by attachment and transfer order (§ 829 ZPO)
- Wage garnishment
Compulsory enforcement regarding delivery or performance
If the title concerns the delivery of an item or the performance of an action, the enforcement order must be aimed at the compulsory enforcement of that obligation (§ 883-886 ZPO, § 887 ZPO).
Administrative enforcement
In public law, compulsory enforcement can be conducted according to the relevant administrative enforcement acts (e.g. VwVG, AO). Here, the authority itself carries out enforcement, for example in tax law through the enforcement offices of the tax authorities.
Legal effect and limits of the enforcement order
Binding effect on enforcement bodies
The bodies entrusted with compulsory enforcement are generally bound by the content and scope of the enforcement order. However, they check whether the requirements for enforcement—particularly the submission of an enforceable title and a proper enforcement clause—are met (§ 750 ZPO).
Legal remedies available to the debtor
The debtor can defend themselves against compulsory enforcement by means of objections, in particular through:
- Objection (Erinnerung) (§ 766 ZPO), if procedural errors are alleged
- Action to oppose enforcement (§ 767 ZPO), if objections to the enforced claim exist
- Third-party objection claim (§ 771 ZPO), if a third party asserts rights to the attached item
Termination and withdrawal of the enforcement order
The creditor may withdraw the enforcement order at any time, upon which the planned measure will be discontinued (§ 775 No. 1 ZPO). If the order has been completed or the claim to be enforced has lapsed, enforcement will also be terminated.
Special cases and further aspects
Multiple creditors or instructing parties
If there are multiple enforcement orders from different creditors against the same debtor, enforcement is governed by the priority principle. Simultaneously conducted enforcement actions result in allocation of proceeds according to statutory provisions (§ 804 ZPO).
Limits of compulsory enforcement
Statutory attachment prohibitions and restrictions apply, for example for unseizable items (§ 811 ZPO) or for the seizable portion of income (§ 850c ZPO).
Cost allocation
The costs of compulsory enforcement are generally borne by the debtor. Depending on the type of measure, these are governed by the Bailiff Costs Act (GvKostG) or special statutory fee schedules.
Literature references and sources
- German Code of Civil Procedure (ZPO)
- Administrative Enforcement Act (VwVG)
- Fiscal Code (AO)
- Bailiff Costs Act (GvKostG)
- Palandt, German Civil Code (BGB) with commentary on the ZPO
- Musielak/Voit, Commentary on the ZPO
Summary
Der Enforcement order is a central instrument for the realization of legally binding claims by means of compulsory enforcement. Its formal and substantive structure is regulated in detail by legal provisions. Compliance with legal requirements ensures legal certainty for both creditors and debtors alike and promotes the enforceability of material legal claims in the German legal system.
Frequently asked questions
Who can issue an enforcement order and what requirements must be met?
An enforcement order can generally be issued by any creditor who possesses an enforceable title against a debtor. Enforceable titles include, among others, court judgments, enforcement notices, notarial deeds with an enforcement clause, or other official documents to which enforceability is granted by law. Additionally, the title must be provided with a so-called enforcement clause and have been properly served on the debtor. Only after these requirements are met is the creditor entitled to submit the order to the competent enforcement body, for example the bailiff (for compulsory enforcement of movable assets or for obtaining a statement of assets) or the enforcement court (for example in the compulsory auction of real estate). The enforcement order must include the debtor’s exact details, designation of the title, the amount and composition of the claim and, if applicable, specific enforcement measures.
What information must an enforcement order necessarily contain?
The enforcement order must, in the legal context, include certain mandatory information so that the enforcement body can act effectively. This includes: the exact identification of the creditor and debtor, including addresses serviceable for summons, the precise description of the enforceable title (including issue date, file reference, and issuing authority) as well as the submission of a copy of the title with the official enforcement clause. Furthermore, the claim amount must be indicated and, where applicable, interest and costs distinguished, and the desired enforcement action (e.g. seizure of property, provision of a statement of assets, or account garnishment) clearly designated. Details of any payments already made or partial payments by the debtor should also be included to avoid errors or excessive enforcement.
To which enforcement body must the enforcement order be submitted?
Depending on the type of compulsory enforcement action, the enforcement order must be directed to different enforcement bodies. For enforcement against movable property, i.e. seizure of movable items, as well as for obtaining a statement of assets, the bailiff responsible for the debtor’s place of residence or whereabouts is generally responsible. However, if compulsory enforcement against immovable property (real estate) is sought, the enforcement court at the local court in whose district the property is located has jurisdiction. For enforcement against claims, such as the seizure of bank account balances or wage income (so-called third-party or claim seizure), the enforcement court at the debtor’s place of residence is competent. The careful selection of the competent body is mandatory in order to ensure the success of enforcement.
Can amendments or additions to the enforcement order be made afterward?
It is possible to amend or supplement an enforcement order that has already been issued if this is required due to new circumstances or new information. Such changes may concern, for example, the amount of the claim (in case of interim partial payments by the debtor), newly discovered debtor assets, or a change in the requested enforcement measure. The legally compliant approach requires the creditor to submit a written supplementary or amended order to the competent enforcement body, precisely and comprehensibly stating the changes. Formal requirements must also be strictly observed here to avoid delays or even invalidity of the procedure.
What deadlines must be observed when issuing an enforcement order?
Certain deadlines apply to compulsory enforcement, deriving from statutes of limitations and specific statutory provisions. As a general rule, enforceable claims expire under § 197 BGB 30 years from the finality of the title, so an enforcement order can be issued within this period. However, there are special deadlines that may apply to specific enforcement actions, for example for repeated statements of assets by the debtor or wage garnishments, where attachment and transfer orders may be time-limited. Under § 754 Para. 3 ZPO, the enforcement order must reach the bailiff within two years of the issuance of the enforcement clause and service of the title; otherwise, a new service may be required. Judicial pre-attachments are also subject to deadlines (usually one month after service).
What happens if the enforcement order is incorrect or incomplete?
An incorrect or incomplete enforcement order may result in the competent enforcement body not carrying out the enforcement and either rejecting the order or initially requesting further information and documents from the creditor. Common mistakes include missing information on parties, unclear or incomplete identification of the title, absence of the enforcement clause, or errors in describing the amount of the claim. Formal errors such as missing original signatures or not enclosing proof of service can also block execution. In cases where incorrect enforcement is nevertheless initiated, the creditor risks claims for damages from the debtor or third parties as well as the invalidity of the enforcement action itself.
To what extent can an enforcement order once issued be revoked?
A creditor can revoke an enforcement order at any time and without stating reasons, as long as the enforcement procedure has not yet been completed. The revocation must be submitted in writing to the competent enforcement body and should clearly allocate it to the ongoing enforcement procedure (in particular by stating the file reference, names and date of the original order). Upon receipt of the revocation by the enforcement body, ongoing enforcement measures must generally be discontinued. Note that a revocation does not undo costs incurred or enforcement steps already taken. In certain cases, a subsequent revocation may also affect assets or rights already attached; the relevant legal provisions (e.g. § 775 ZPO) must be observed.
