Bailiff Fees Act
| Basic data | |
|---|---|
| Title: | Law on Bailiff's Costs |
| Short title: | Bailiff Fees Act |
| Abbreviation: | GvKostG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Cost law |
| References : | 362-2 |
| Issued on: | April 19, 2001 ( BGBl. I p. 623 ) |
| Entry into force on: | May 1, 2001 |
| Last change by: |
Art. 17 G of December 12, 2019 ( Federal Law Gazette I p. 2652, 2699 ) |
| Effective date of the last change: |
January 1, 2024 (Art. 60 G of December 12, 2019) |
| GESTA : | G026 |
| Weblink: | Text of the GvKostG |
| Please note the note on the applicable legal version. | |
The Bailiff Costs Act ( GvKostG ) forms the legal basis for the collection of fees for the activities of the bailiff .
The law basically regulates all cases in which the bailiff is materially responsible; however, the regulations are partially supplemented by state law in the field of administrative enforcement.
The state justice administrations have decided on a nationwide version of implementing provisions for the Bailiff Costs Act (DB-GvKostG).
Costs arise from issuing an enforcement order to the bailiff. The cost debtors are the client, the enforcement debtor and the obligated party; they are liable as joint debtors . As a client, the public sector does not have to pay any fees, and the social welfare offices and job centers do not have to pay any fees as debtors.
The fees are based on the annex to the GvKostG. For activities at night, on Saturdays, Sundays and public holidays, the fee is doubled. With the 2001 amendment to the law on costs , there was a transition from value to fixed fee. Since then, expenses have mainly been charged at a flat rate.
The fees for certain activities (e.g. sealing ) are determined according to the Court and Notary Fees Act .
With Art. 6 of the 2nd Cost Law Modernization Act, the bailiff cost law was developed further, but contrary to association-political demands, a fee was not reintroduced.
Web links
- Draft of a law to reorganize the law on bailiff costs - GvKostRNeuOG BT-Drs. 14/3432 of May 18, 2000
- Theo Seip: The new law on bailiffs costs German bailiffs newspaper (DGVZ) 2001, pp. 17-29
Individual evidence
- ↑ cf. Implementation provisions for the Bailiff Cost Act (DB-GvKostG) AV d. JM dated May 25, 2001 (5653 - I B. 7) Justizportal Nordrhein-Westfalen, accessed on February 1, 2019
- ↑ Second law on the modernization of cost law (2nd law on cost modernization law - 2nd KostRMoG) of July 23, 2013, Federal Law Gazette I p. 2586
- ^ Draft of a second law for the modernization of the law on costs (2. Cost Law Modernization Act - 2. KostRMoG) BT-Drs. 17/11471 (new) of November 14, 2012, p. 254 ff.
- ↑ cf. Draft of a second law on the modernization of the law on costs (2nd law on the modernization of costs) Statement by the German Association of Bailiffs, 22 March 2012
