Zwangsvollstreckungsgericht

Zwangsvollstreckung, in the context of German civil procedure, is the state-enforced process by which a creditor compels a debtor to comply with a court judgment, a title by notarial deed, or other enforceable decision when voluntary compliance fails. It covers monetary obligations and performance-related obligations, and is typically triggered after an enforceable title has been created, such as a judgment with a Vollstreckungsklausel.

The enforcement is governed largely by the Gerichts- und Vollstreckungsgesetz (GVG) and the Zivilprozessordnung (ZPO), with specific provisions for real estate under the Zwangsvollstreckungsgesetz (ZVG). Enforcement is carried out by courts and specialized officers, notably the Gerichtsvollzieher (court bailiff). To begin enforcement, the creditor applies to the competent court for the issuance of the necessary enforcement orders, which authorize the seizure of assets or other measures.

Common methods of Zwangsvollstreckung include the seizure of movable property (Sachenpfändung), garnishment of bank accounts (Kontopfändung), and wage garnishment (Einkommenspfändung). The creditor can also seek to enforce against claims belonging to the debtor (Forderungspfändung). For real property, the principal mechanism is Zwangsversteigerung (court-ordered sale) conducted through public auction. Other remedies, such as instituting liens, may accompany the process.

Debtor protections exist to limit excessive hardship. Statutory exemptions prevent the seizure of essential living costs, and many debtors use protected accounts or other mechanisms to safeguard basic income. Debtors may challenge enforcement actions through procedural remedies, and the system provides for stays or adjustments in appropriate circumstances to balance creditors’ rights with debtor protection.