Enforcement order

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The enforcement order is a term from foreclosure law. An authority can only enforce its (mostly own) claims if it issues an enforcement order.

The legal basis is the Administrative Enforcement Act (VwVG) (of the federal government) of April 27, 1953 as amended on December 17, 1997 and the corresponding administrative enforcement laws of the federal states. According to the provisions of § 3 VwVG, the prerequisites for initiating enforcement are :

  • the notice of performance by which the debtor was requested to perform;
  • the due date of the benefit;
  • the expiry of a period of one week after the notification of the performance notification or, if the service is only due after this, the expiry of a period of one week after the due date has expired
  • Before the enforcement is ordered, the debtor should also receive a special reminder with a payment period of one more week.

The enforcement officer can take action on the basis of the enforcement order.

The same legal remedies are possible against the enforcement order as against the basic decision.