Court treasury
Court coffers are departments of courts that are responsible for payments , bookkeeping and enforcement . In addition, court coffers have the function of depository funds.
Payment transaction tasks
Court coffers are used to pay in and record payments of court costs to be paid , fines , funds to be deposited , security deposits or secured funds, the payment of reimbursement amounts and witness compensation as well as the acceptance, administration and delivery of valuables, e.g. B. from inheritance proceedings with unknown heirs or through confiscation in criminal proceedings by the public prosecutor's office .
Payments are typically carried on a cashless basis, or in smaller amounts by legal costs brand or legal costs cancellations .
Court treasury - collection agency of the highest federal courts
Due to the judicial collection regulations , the federal and state authorities are responsible for the costs incurred, such as court costs, bailiff costs, judicial administration fees and others, which are collected by enforcement authorities. These authorities are debt enforcement agencies of the highest federal courts . These primarily include the court coffers, but other authorities (official, state and regional coffers, such as the regional justice coffers or the regional central coffers) can also be designated for these tasks.
Function as a depository
There is a court treasury within each district court district. So it is responsible for deposits and withdrawals of various kinds. Payments include payments of fees, penalties, bids in foreclosure proceedings and security deposits as well as deposits. The court treasury thus takes on the function of a depository fund. In the deposit department, money, securities and other documents as well as valuables are accepted. A deposit can only be made if there is a reason for the deposit. Reasons can be the implementation, suspension or avoidance of foreclosure, a deposit in criminal matters, default in acceptance according to § 372 BGB, creditor uncertainty in the event of, for example, several creditor claims, but also deposits terminated by credit institutions such as inheritance deposits where the heirs are unknown. In most cases, a deposit is made because the person who is actually obliged and is also able to accept the values refuses, or it is not known who is actually entitled.
Deposit (e.g. by credit institutions )
If a bank or another creditor would like to deposit money or valuables, it must first complete an application on a judicial form. Among other things, data on the deposit value, deposit reason and authorized recipient (often unknown) are requested in this. If the application is accepted, the applicant receives the acceptance regulations and a deposit certificate.
Main article: Deposit (law)
Legal bases
Legally, depository registers are regulated by the deposit regulations [HO] and the implementing regulations for the deposit regulations (AVHO) of the federal states. Paragraph 1 of the HO says “The depository transactions are carried out by depository offices and depository funds. The duties of the depository offices are assigned to the local courts. The tasks of the depository funds are transferred to the treasuries of the judicial administration. ”The business of the depository offices , i.e. those of the local courts , is transferred to the judicial officers. The AVHO regulates further formalities for the depository in § 1 and stipulates in § 2 that the employees of the depository may not also be entrusted with the handling of the cash desk. Therefore, court treasuries are usually appointed as depository funds. Details on the establishment and activities of these cash registers for the administration of justice can be found in the corresponding administrative provisions of the federal states. Often the court coffers are supported by the court paying agents in accepting deposits and consignments .
