Enforcement Order

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The enforcement order is the formal way of enforcing a judicial order.

A distinction is made here:

1. Enforcement of a sentence: compulsory enforcement of a legally recognized sentence. The enforcement authority is always the public prosecutor's office . A distinction must be made here between the enforcement of administrative fines , this is regulated separately in Sections 89 ff. OWiG .

2. Enforcement of enforcement titles under civil law by way of foreclosure.

3. In compulsory administrative proceedings for the collection of public claims

In the enforcement of civil enforcement titles by way of enforcement, the creditor instructs the bailiff to carry out the enforcement against a debtor via an enforcement order.

According to § 802a ZPO , the enforcement order must contain the enforceable copy of the enforcement title and also specify the specific measures that the bailiff should take on behalf of the obligee (e.g. inspection of the property information , attachment in property ). The enforcement order must be in writing , a fax is not enough.

The bailiff should bring about an amicable settlement in every stage of the proceedings. ( § 802b ZPO). The creditor cannot exclude this from the outset, but can limit the enforcement order to an attempt at an amicable settlement.

The enforcement order can either be sent directly to the responsible bailiff or to the bailiff distribution office of the local court , which forwards the order to the responsible bailiff.

Since April 1, 2016, enforcement orders for monetary claims have been compulsory according to § 753 Paragraph 3 ZPO i. V. m. the regulation on the form for the enforcement order to the bailiff (GVFV). Exceptions to this are enforcement orders that exclusively contain the delivery of a document, as well as the enforcement of public law claims (in particular administrative enforcement ).

The bailiff can claim an advance on costs from the obligee in accordance with § 4 GvKostG for the execution of the enforcement order . The approval of legal aid for the execution of the enforcement order is possible.

If the bailiff refuses to carry out the enforcement order, reminder is available ( § 766 ZPO).

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