Arrest warrant over the asset disclosure: what to do now

If you do not provide the required asset disclosure (formerly the 'affidavit') or do not appear for the appointment, the court can, on the creditor's application, issue an arrest warrant to enforce it. This is not a punishment, but a means to compel you to give the disclosure. You can still avert the detention.

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Your chances of getting your money back

If the asset disclosure is not provided, an arrest warrant for enforcement can be issued (§ 802g ZPO). Coercive detention serves solely to move you to provide the disclosure, it can be averted.

You can usually still avert the arrest by providing the asset disclosure or paying the claim including costs. An installment plan can also be a solution, but act quickly.

What you should do now

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1. React immediately
Do not ignore the demand. Contact the bailiff without delay.
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2. Provide the asset disclosure
Providing the disclosure usually removes the ground for enforcement and averts the detention.
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3. Consider payment/installments
Alternatively, you can settle the claim or offer an installment plan to end the enforcement.
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4. Get help
With over-indebtedness, turn to a debt counseling center and consider further steps; if unsure, get legal advice.

How to spot the scam

You let appointments for the asset disclosure pass unheeded.
An arrest warrant has already been issued.
You suppress the problem instead of acting.

Frequently asked questions

Why am I facing detention over a debt?

Not because of the debt itself, but because you did not provide the asset disclosure or missed the appointment. The court can then issue an arrest warrant to enforce it (§ 802g ZPO). The detention is meant to move you to provide the disclosure.

How do I avert coercive detention?

Usually by providing the asset disclosure or paying the titled claim including costs. A payment agreement can also help. To do so, contact the bailiff quickly.

Is this a criminal record?

No. Coercive detention is not a criminal penalty and does not lead to a criminal record. It is a coercive measure of enforcement. Still, you should not let it get that far and should act early.

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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.