The bailiff is coming: procedure, rights, and duties

The bailiff enforces titled claims, for example by taking the asset disclosure or seizing goods. You have rights in this: they may not enter your home just like that against your will, and many items are exempt from seizure. Often an installment payment can be arranged.

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Your chances of getting your money back

The bailiff may in principle enter your home only with your consent or with a judicial search order. For the seizure of goods, many everyday items are exempt from seizure (§ 811 ZPO).

You can arrange an installment payment (payment agreement) with the bailiff in order to avert a seizure. In the case of particular hardship, enforcement protection comes into consideration.

What you should do now

1
1. Check the claim
Clarify what the enforcement is based on (title) and whether the amount and costs are correct.
2
2. Know your rights
You do not have to open the door just like that; items exempt from seizure (necessary household goods, work tools) they may not take.
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3. Offer an installment payment
Propose a realistic installment payment to the bailiff in order to avert the seizure.
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4. Protection/counseling
In the case of particular hardship, apply for enforcement protection; with several debts, debt counseling helps.

How to spot the scam

You feel pressured to open the door immediately.
Items that are obviously exempt from seizure are to be taken.
Several creditors are enforcing in parallel, over-indebtedness threatens.

Frequently asked questions

Do I have to let the bailiff into my home?

In principle only with your consent or with a judicial search order. Without these, they may not enter your home against your will. If you refuse entry, however, they can obtain a search order.

What may be seized?

Only seizable items. Things you need for a modest life and household management or for your gainful activity are exempt from seizure (§ 811 ZPO), such as necessary household goods and certain work tools.

Can I avert a seizure?

Often yes, through a payment agreement (installment payment) with the bailiff. In the case of particular hardship, enforcement protection comes into consideration. With several debts, debt counseling is the best first step.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.