Enforcement Officer

What is an enforcement officer?

An enforcement officer is an official or employee of the judiciary responsible for enforcing court decisions. This means they ensure that claims legally enforced by a creditor are actually settled. This includes, for example, collecting money or seizing items from the debtor.

Enforcement officers work in Germany on behalf of the courts and carry out state enforcement proceedings. They are not private service providers but are bound by the law.

What is the legal basis for an enforcement officer's work?

The work of enforcement officers is strictly regulated. The most important legal basis is the Zivilprozessordnung (ZPO), which outlines which actions the officials are allowed to perform and under what conditions.

Additionally, there are regulations in the Gerichtsvollziehergesetz (GVG) and the Gerichtsvollzieherordnung (GVO). These rules specify how enforcement officers must work, what rights they have, and what duties they must fulfill.

Duties and powers of an enforcement officer

An enforcement officer helps when someone does not voluntarily pay their debts. They are authorized to do the following:

• Seizing property: They can take items belonging to the debtor and sell them later to pay off the debts. However, not everything can be seized. Essential items needed for daily life, such as a bed or refrigerator, cannot be taken. Work-related items are also excluded.

• Requesting a declaration of assets: The debtor must provide detailed information about what they own and how much they earn. This was previously known as an "affidavit." The enforcement officer records everything in writing.

• Evicting premises: If a tenant refuses to leave despite a court order, the enforcement officer can carry out the eviction.

• Delivering important letters: Sometimes, they also deliver critical court documents when the regular postal service is insufficient.

What an enforcement officer cannot do

• They cannot use force to gain access to a residence.

• They cannot seize items protected by law.

• They can only act if authorized by a court.

Rights and duties of an enforcement officer

Enforcement officers have not only powers but also clearly defined rights and duties derived from the Zivilprozessordnung (ZPO) and other legal regulations.

Rights of an enforcement officer:

• Access to residences or business premises: If the debtor opens the door voluntarily or if a judicial search warrant is presented.

• Conducting seizures: If the legal requirements are met.

• Requesting a declaration of assets: The debtor must provide a detailed overview of their financial situation.

Duties of an enforcement officer:

• Objectivity and neutrality: Enforcement officers must not act with bias and must adhere to legal requirements.

• Documentation: All actions must be thoroughly documented.

• Maintaining proportionality: Enforcement measures must be conducted within reasonable limits.

The rights and duties are clearly regulated to protect both creditors and debtors.

How does an enforcement officer work?

An enforcement officer only becomes active when a creditor hires them. First, they review all documents. Then, they visit the debtor at home or at their workplace.

How the enforcement process works

• Application by the creditor: The creditor submits a written application detailing the desired action.

• Review of documents: The enforcement officer checks whether the documents are complete and whether enforcement is permissible.

• Carrying out the measure: The enforcement officer visits the debtor, usually at their home or business address.

• Documentation: All measures are recorded to ensure everything can be traced later.

Where does an enforcement officer operate?

Every enforcement officer is assigned a specific area by the judicial authority, which may cover multiple locations.

They usually work where the debtor lives or works:

• In apartments or houses

• In offices or businesses

• In storage facilities

Sometimes they also search other locations for items that can be seized.

Who hires an enforcement officer?

An enforcement officer is always hired by someone who is owed money (the creditor). This can be:

• A company

• A private individual

• A government authority

What documents are needed?

For an enforcement officer to take action, the creditor must have an enforceable title. This can include:

• A judgment

• An enforcement notice (from a judicial dunning process)

• A settlement agreement (after a mediation)

• An eviction title (in cases of tenancy disputes)

Without such a title, the enforcement officer cannot act. The request is usually submitted in writing.

What documents are required?

For an enforcement officer to operate, the following documents are needed:

• A court title: Such as a judgment or enforcement notice.

• An application: A letter detailing what action should be taken.

• Information about the debtor: Name, address, and, if possible, additional information like the date of birth.

• Advance payment: Often, the creditor must pay upfront for the costs.

If important documents are missing, the enforcement officer cannot act.

How can you contact an enforcement officer?

An enforcement officer can be contacted in various ways:

• Through the local court: Many enforcement officers work for a specific local court where they can be reached.

• Online: Enforcement officers can often be found on the websites of judicial authorities.

• Direct contact: Some enforcement officers provide their contact details publicly.

It is important to include all necessary information when making an inquiry to avoid delays.

When does an enforcement officer become active?

An enforcement officer becomes active when someone fails to pay a debt voluntarily, even though a court has ruled that they must pay. Typical cases include:

• Unpaid bills: When someone does not pay despite a court decision.

• Evictions: When a tenant refuses to leave despite a court order.

• Declaration of assets: When the creditor wants to know what the debtor owns.

Usually, the creditor has already sent reminders before involving an enforcement officer.

How is an enforcement officer paid?

The payment of an enforcement officer is legally regulated by the Bailiff Costs Act (GvKostG). They do not receive money from the state but rather from the creditor or, in some cases, from the debtor.

How is the enforcement officer paid?

• Fixed fees: There are set prices for each task, such as seizing items or requesting a declaration of assets.

• Expense reimbursement: Travel costs, postage, and other expenses incurred during their work.

The amount of fees is standardized and cannot be negotiated.

Who pays the costs?

• Creditor: The creditor initially covers the costs by providing an advance payment.

• Debtor: The creditor can later reclaim these costs from the debtor by adding them to the existing debt.

If the debtor has no money and cannot pay the debt, the creditor bears the costs.