Directory of debtors

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The list of debtors is to § 882b ZPO one at the central enforcement court register kept of all debtors. The entry is ordered by the bailiff in accordance with Section 882c ZPO, by the enforcement authority in accordance with Section 284 of the Tax Code or by the insolvency court in accordance with Section 26 (2), Section 303a InsO.

requirements

The prerequisite for entries in the context of foreclosure (whether civil foreclosure or administrative enforcement) is that one of the following cases is present:

  • the debtor has not fulfilled his obligation to submit the list of assets
  • According to the content of the list of assets submitted, the debtor has no income or assets, and for this reason enforcement does not promise success
  • the debtor has not fully satisfied the creditor's claim within one month of submitting the list of assets and has not concluded an installment payment agreement according to Section 802b ZPO

It should be noted that the bailiff must order entry in one of these cases as a binding decision, while the enforcement authority is given discretion in the context of administrative enforcement as to whether it orders entry in the debtor register.

The insolvency court orders entry in the debtor register if the opening of insolvency proceedings has been rejected due to lack of assets or the discharge of residual debt has been refused or revoked.

content

According to § 882b Paragraphs 2 and 3 ZPO, the list of debtors contains :

  • Personal data of the debtor: in the case of natural persons, surname, first name (if applicable, maiden name), date of birth, place of birth, place of residence, in the case of legal persons the company name, registered office and the register sheet in the commercial register
  • the legal basis of the outstanding claims; File number and court in the case of civil enforcement, the enforcement authority in the case of administrative enforcement
  • the date of entry and the reason why the entry was made

Procedure

The bailiff orders the entry in the list of debtors with a brief justification and assigns the entry order to the debtor in writing or hands over the declaration orally for the record. If the debtor's summonable address is not known, the bailiff publishes the registration order; an order from the enforcement court is not required. ( Section 882c (2) ZPO)

The objection to the registration order is permissible. The objection must be submitted to the enforcement court within two weeks of notification ( Section 882d Paragraph 1 Clause 1 ZPO); the debtor is to be instructed about the deadline. ( § 882d Paragraph 3 Clause 1 ZPO) According to prevailing case law, a breach of the duty of instruction leads to the extension of the period to one year, similar to the law of administrative procedure.

The objection has no suspensive effect; After the two-week period has expired, the bailiff sends the registration order to the competent central enforcement court, which then carries out the registration. ( Section 882d Paragraph 1 Sentences 2 to 4 ZPO) The competent enforcement court can temporarily suspend the registration order at the request of the debtor. ( § 882d Abs. 2 ZPO)

information

The list of debtors is public. According to § 882f ZPO, anyone who demonstrates that he needs the information for one of the permitted purposes regulated in § 882f ZPO can request information from him . Then the information is possible:

  • for enforcement purposes ,
  • to meet legal obligations to check economic reliability ,
  • to check the requirements for the granting of public services,
  • to avert economic disadvantages that may arise from debtors failing to meet their payment obligations,
  • for the prosecution of criminal offenses ("for the purpose of criminal prosecution and the execution of sentences")
  • for information about entries concerning himself.

The entry in the debtor register is considered deleted (and is no longer communicated with the information) if three years have elapsed since the submission of the affidavit or the order of detention (Section 882 e (1) ZPO). It is after § 882E deleted para. 3 ZPO prematurely if the satisfaction of the creditor, which has forced the affidavit evidence, or the elimination of the registration ground has become known (for example, cancellation of the enforcement order ).

consequences

Anyone who re-concludes credit and installment payment contracts after submitting the disclosure insurance or entering it in the debtor register must expect criminal charges for fraud if they fail to pay. Because by concluding the contract, the debtor has simulated the obligee's solvency and creditworthiness.

Demarcation

The debtor directory should not be confused with various private sector services. These include the Schuldnerverzeichnis.de of the Deutsche Inkassostelle GmbH (DIS), which has since been discontinued, the Schufa (Schufa Holding AG) and others. Some of these rely on information from the local courts.

See also

Web links