Bailiff (Austria)

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In Austria , the bailiff is also known colloquially as "executor" or "judicial executor". Based on the job title, executing a foreclosure is called an execution . The restriction of the meaning of execution (“execution, execution”, legal: government enforcement of legal titles) to execution (government enforcement of a death sentence) led elsewhere that the term “executor” is no longer in use.

The Enforcement Code , the relevant law for the execution, including the terms bailiff or general executive body , but not "Executor".

Bailiffs are civil servants in the judiciary, belong to the staff of the respective higher regional court and perform their service at a district court . Unlike in Germany, creditors do not contact the bailiff directly, but - if the intervention of a bailiff is requested - submit an application to the locally competent district court for approval of the execution of the vehicle (execution of movable property). The judicial officer deciding on this issues the order to the bailiff to act with the enforcement authorization. From the time this enforcement order is issued, the bailiffs act largely independently and on their own responsibility; Instructions from the law enforcement officers are extremely rare in practice.

The sphere of activity of the bailiffs results essentially from the legal provisions of the enforcement order and includes a. the following activities:

  • the description of properties that are not officially registered as pledges;
  • the handover of properties to the manager for administration and
  • Confiscation of the proceeds, the handover of properties to the temporary administrator and its introduction;
  • carrying out the description and appraisal of properties to be auctioned and their accessories;
  • the handover of auctioned properties and accessories to the buyer by introducing them into possession with any removal of persons and unsold movable property;
  • the attachment of movable property;
  • initiating the safekeeping of seized objects and, if necessary, transferring them to the auction hall before they are sold;
  • the removal of the cash found during the attachment and the
  • Acceptance of voluntary payments;
  • determining the auction date and conducting the public auction;
  • the attachment of claims from bills of exchange; endorsable papers and the like by acceptance and judicial payment;
  • the submission of the transfer declaration when transferring claims from endorsable papers or such claims, the assertion of which is tied to the possession of the paper created for the claim, as well as the handing over of the paper provided with the transfer declaration to the operating creditor;
  • the receipt of the items returned by the third party debtor as a result of transferring a claim for the surrender or performance of movable tangible objects;
  • the removal of certain movable items or certain types of movable items (securities, quantities of justifiable items) which the obligated party had to hand over and the removal of documents and tools for the purpose of handing over items which by their nature do not permit physical handover;
  • the removal of persons and movable property and the introduction of the obligee into the possession of real estate or parts thereof, objects belonging to the mine or from ships for the implementation of the claim for surrender or evacuation of such property, the handing over of movable property to the obligated party or his relatives and the alienation of these things;
  • the support for the elimination of the obedient's resistance to the performance of an act which he is obliged to tolerate and for the protection of a work to be performed;
  • making the demonstration or arrest;
  • participation in the execution of temporary injunctions;
  • the making of descriptions of the vehicles brought in by the tenant or lessee, as required;
  • the establishment of the inventory in bankruptcy proceedings;
  • the acceptance of the list of assets;
  • the execution of evictions according to the Protection against Violence Act and finally
  • the acceptance of children and those requiring care