AmtsDeutschland
0%
Skip to main content
Authorities Most popular Guides
FAQ Contact
Find an official procedure

Compulsory enforcement under a title

Two different bodies — and the wrong application costs weeks

Gerichtsvollzieher (court bailiff)§§ 704 ff. ZPOTitle required

Enforcement only takes place on the basis of a title: a judgment, enforcement order (Vollstreckungsbescheid), court settlement or notarial deed with a submission clause. An invoice, a payment reminder or a debt-collection letter is not enough. The title must be accompanied by two further requirements that are often overlooked: the certificate of enforceability and service of the title on the debtor. If either is missing, the instruction is rejected.

After that comes the question that decides whether it takes weeks: who enforces. The Gerichtsvollzieher is responsible for movable property and for taking the statement of assets (Vermögensauskunft). For the attachment of claims — bank accounts, wages, tax refunds — it is the enforcement court, that is, the Amtsgericht (local court) at the debtor’s place of residence, which issues a garnishee order (Pfändungs- und Überweisungsbeschluss). Anyone who files the bank account application with the Gerichtsvollzieher gets it back.

In practice, it is almost always worth starting with the statement of assets. In it, the debtor must disclose their assets — bank accounts, employer, vehicles. Only after that can attachment be carried out in a targeted way, instead of issuing instructions blindly, each of which triggers fees.

Last updated28 August 2026
Legal basis§§ 704 ff. ZPO · GvKostG
VerificationGvKostG cost schedule · § 3 and § 11 RPflG
Written and reviewed byAndrés Sánchez Botta
Independent information website: we are not the Amtsgericht, not an authority and not a paid advice service – we do not submit applications on your behalf. All information comes from official sources and is explained here in plain language; binding information always comes from the competent body. No legal advice and not an official authority. We are neither lawyers nor tax consultants: we document official procedures and check the information against the official source – this is information, not legal or tax advice.
Movable propertyGerichtsvollzieher (court bailiff)Also the statement of assets
Bank account and wagesEnforcement courtGarnishee order (Pfändungs- und Überweisungsbeschluss)
Statement of assets€39.50GvKostG KV 260
Required documents

What you need

The title with the certificate of enforceability

The enforceable execution copy, not the simple copy. The certificate of enforceability is issued by the court registry of the court that issued the title. For an enforcement order, it has often already been issued; for judgments and settlements, it must be applied for.

Proof of service on the debtor

The title must have been served on the debtor before enforcement may take place. Service can often be combined with the enforcement instruction — in which case the Gerichtsvollzieher deals with both. Without proof of service, the instruction is rejected.

Current address of the debtor

The Gerichtsvollzieher is responsible for the district in which the debtor lives. If their whereabouts are unknown, they can carry out an address inquiry; this costs extra and takes time. A registration authority inquiry (Melderegisterauskunft) in advance often saves time and money.

Statement of the claim

The principal claim, interest from the start of the default and the enforcement costs incurred so far, listed separately. Enforcement costs are to be borne by the debtor and are enforced along with the claim — they therefore belong in every follow-up instruction.

Cost advance

The Gerichtsvollzieher acts on receipt of an advance. The amounts are modest, but they are charged per instruction. This is why the order matters: first the statement of assets, then targeted attachment.

Step by step

How to proceed

  1. 1

    Checking the title, certificate of enforceability and service

    These three requirements must all be met together. The most common reason for rejected instructions is the title not having been served. Check this before you give an instruction — the fee for a rejected instruction is still payable.

  2. 2

    Starting with the statement of assets

    Instruct the Gerichtsvollzieher to take the statement of assets. The debtor must disclose their assets in full; if they refuse, the court can order detention. This statement is the basis for any targeted attachment and avoids instructions issued blindly.

  3. 3

    Movable property: instructing the Gerichtsvollzieher

    They attach items belonging to the debtor. In practice, the yield is often low, because protection from attachment is extensive: everyday items, work equipment and a reasonable amount of household goods remain unattachable. Do not count on this step as the main route.

  4. 4

    Bank account and wages: applying to the enforcement court

    For the attachment of claims, you need a garnishee order from the Amtsgericht at the debtor's place of residence. The application is subject to a prescribed form; the official form must be used. For a bank account, protection from attachment via a P-account (P-Konto) must be observed — up to the allowance, nothing goes to you.

  5. 5

    If rejected: consider the Erinnerung

    The Rechtspfleger (senior judicial officer) decides on applications in compulsory auction and compulsory administration proceedings. This application is generally decided not by a judge but by the Rechtspfleger: § 3 RPflG assigns to them, among other things, probate, register, land registry and insolvency matters. This is more than a question of jurisdiction, because the available legal remedy follows from it: if no other appellate remedy is available against the decision, the Erinnerung (objection to a decision of the Rechtspfleger) is available under § 11 Abs. 2 RPflG, to be lodged within two weeks. The Rechtspfleger can grant it themselves; if they do not, they refer it to the judge. The Erinnerung procedure is free of court fees.

Fee information

Costs and payment

Fees of the GerichtsvollzieherGvKostG — per instruction
Taking the statement of assets (KV 260)€39.50
Carrying out an attachment (KV 205)€31.20
Service by the Gerichtsvollzieher (KV 100)€12.00
Electronic service€8.00
Travel fee up to 10 km€3.25
Travel fee over 40 km€16.25

These amounts are charged per instruction, plus expenses and, where applicable, a time surcharge. All enforcement costs are borne by the debtor and are enforced along with the claim — you still have to advance them yourself, however. For the attachment of claims through the enforcement court, a separate court fee applies under the GKG.

Good to know

Important notes

Without a title, nothing can be done. An invoice, a payment reminder and a debt-collection letter are not titles; enforcement only takes place on the basis of a judgment, enforcement order, court settlement or notarial deed with a submission clause.

Responsibility is split. Movable property and the statement of assets: the Gerichtsvollzieher. Bank accounts, wages and other claims: the enforcement court, through a garnishee order. The wrong addressee costs weeks.

Start with the statement of assets. It costs €39.50 and replaces several blind instructions — without it, you attach speculatively and pay every fee twice over.

Protection from attachment is extensive. For a bank account, the P-account protects the basic exempt amount (Grundfreibetrag); for wages, the exemption thresholds for attachment apply; and for movable property, household goods and work equipment remain unattachable. This explains why attaching goods rarely brings in much.

Enforcement costs are borne by the debtor. They must be advanced but are enforced along with the claim — list them in every follow-up instruction, or they will be left with you.

Avoid these mistakes

Common mistakes

Filing the bank account attachment application with the Gerichtsvollzieher. The enforcement court is responsible for this; the instruction is returned and the time is lost.

Giving instructions without proof of service. The title must have been served on the debtor; without this proof, the instruction is rejected — the fee is still charged.

Starting with attachment of goods. Protection from attachment usually leaves little behind; the statement of assets first saves instructions and fees.

Not including the enforcement costs. They are to be borne by the debtor, but must be listed in the instruction in order to be enforced along with the claim.

Giving up after a rejection by the Rechtspfleger. The Erinnerung under § 11 Abs. 2 RPflG is free of court fees and runs for two weeks.

Frequently asked questions

Questions and answers

What do I need in order to be able to enforce?

Three things together: a title — a judgment, enforcement order, court settlement or notarial deed with a submission clause —, the certificate of enforceability, and proof that the title has been served on the debtor. If any of these is missing, the instruction is rejected.

Gerichtsvollzieher or court — who is responsible?

The Gerichtsvollzieher for movable property and for taking the statement of assets. The enforcement court — the Amtsgericht at the debtor's place of residence — for the attachment of claims, that is, bank accounts, wages or tax refunds; it issues a garnishee order for this purpose. The wrong application is returned.

What does compulsory enforcement cost?

Under the GvKostG, taking the statement of assets costs €39.50, carrying out an attachment costs €31.20, and service by the Gerichtsvollzieher costs €12.00, or €8.00 electronically. In addition, there is a travel fee of between €3.25 and €16.25 depending on distance. The debtor ultimately bears the costs, but you have to advance them yourself.

What is the best thing to start with?

With the statement of assets. In it, the debtor must disclose bank accounts, employer and assets. Only with this information can attachment be carried out in a targeted way. Anyone who gives several instructions without it pays every fee without knowing whether there is anything to be had there.

Why does attaching goods often bring in nothing?

Because protection from attachment is extensive: everyday items, a reasonable amount of household goods and the work equipment needed to carry out an occupation are unattachable. In many households, nothing of value remains after that. Attaching claims through the enforcement court is therefore usually the more effective route.

The Rechtspfleger has rejected my application — what now?

In compulsory auction and compulsory administration matters, the Rechtspfleger decides under § 3 RPflG. Against their decision, if no other appellate remedy is available, the Erinnerung is available under § 11 Abs. 2 RPflG — within two weeks and free of court fees. They can grant it themselves; otherwise, they refer it to the judge.

Related official procedures

Apply for a Mahnbescheid (court payment order)
0.5 fee, at least €38
Possible without a lawyer
Request to open insolvency proceedings
Discharge of residual debt after three years
Deferment possible
Preliminary injunction
Amtsgericht (local court) up to a value in dispute of €10,000
Interim relief proceedings

Cannot find the official procedure you are looking for?

Tell us what information you need.

Send a request