Compulsory Enforcement

Compulsory enforcement (Zwangsvollstreckung) is the state-organised enforcement of civil claims on the basis of an enforcement title. Its foundations are laid down in §§ 704 et seq. of the German Code of Civil Procedure (ZPO). Three elements are required: an enforceable title (e.g. a judgment, enforcement order or notarial deed), an enforcement clause and service of the title on the debtor.

Enforcement of monetary claims typically proceeds against movable assets through the court bailiff (e.g. seizure of chattels, statement of assets under § 802c ZPO, arrest warrant in case of refusal to disclose), against claims through an attachment and transfer order issued by the enforcement court (e.g. attachment of bank accounts or wages), and against immovable assets by way of compulsory mortgage, compulsory administration or forced sale by auction. In addition, there are dedicated procedural rules for enforcing claims for delivery, action or forbearance.

The debtor can challenge enforcement measures by way of remonstrance, immediate appeal, an enforcement defence action under § 767 ZPO or third-party objection proceedings. Statutory enforcement protections – in particular the "P-Konto" (protected current account) and the attachment exemption limits for wages – safeguard the subsistence minimum. Especially where several enforcement measures are running in parallel, a structured strategy on both creditor and debtor side is worthwhile in order to minimise costs and maximise the prospects of success.