Enforcement Order

The enforcement order (Vollstreckungsbescheid) is the second title in the German court dunning procedure and an independent enforcement title within the meaning of § 794 (1) no. 4 ZPO. It is issued at the creditor's request once the debtor has failed to lodge a timely objection against the preceding payment order (Mahnbescheid).

Upon service of the enforcement order, a two-week period for filing an appeal (Einspruch) begins to run (§ 700 ZPO). If an appeal is filed, the procedure moves to ordinary contentious proceedings. If no appeal is filed, the order becomes final and is immediately enforceable – often even before becoming final, by way of provisional enforceability and as a rule without the creditor having to provide security. This gives the creditor swift access to the debtor's assets, bank accounts and salary.

From the debtor's perspective, the two-week deadline is critical: anyone who misses it can only defend themselves on the merits within narrow limits (e.g. by way of an enforcement defence action under § 767 ZPO based on payment made after the close of the oral hearing). An immediate review by a lawyer is therefore strongly recommended whenever an enforcement order is served.