Costs of enforcement and garnishment

Costs vary depending on the type of enforcement used :

[Image] Costs for enforcement procedures
[Image]
Costs for garnishment of claims and rights (e.g. account or income)
[Image] Costs for enforcement in real estate issues

 

Costs for enforcement procedure

Bailiff and attorney ’s fees:

  • The bailiff calculates the costs for activities based on the German bailiff cost law. Costs vary depending on the activity. If several activities are performed, the costs will be added. The chart below outlines the most important activities and costs:

Bailiff Activity

Costs in €

Deliveries

 

Personal delivery

7,50

Delivery by the post office

2,50

Failure of delivery, return

2,50

 

 

Enforcement measures

 

Pre-garnishment

12,50

Garnishment

20,00

Other activities

12,50

Removal from safekeeping

12,50

Privation of movable things

20,00

Privation of persons

40,00

Seizure

75,00

Removal of resistance

40,00

Acceptance of affirmation in lieu of an oath

30,00

Arrest

30,00

Auction

40,00

New execution warrant

7,50

Surveillance of ships et al.

75,00

 

 

Additional costs

 

Abandonment of an action

12,50 - or 25,00

Time loading

15,00

Copies

0,50

                      More than 50 pages

0,15

Notarisation per page

0,50

 

 

Collection charge/lump sum for travel

 

Collection charge (e.g. during installments)

3,00

Flat fee for travel up to 10 km

2,50

                      up to 20 km

5,00

                      up to 30 km

7,50

                      more than 30 km

10,00

 

 

Display lump sum

 

20 % of the costs that are being charged

3,00-10,00

  • If a lawyer is retained to open execution measures he or she will obtain a 0,3-fold charge based on the calculations under the link:
    [Image]  lawyer expenses

In addition to these basic charges, there are additional expenses for postage and value added tax.

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Costs for garnishment in claims and rights  

Costs for garnishment in claims and rights (especially account and income garnishment):  

  • the lawyer obtains a 0,3-fold charge for an application for an attachment of debts
    [Image]  lawyer’s fees

  • there is a fixed charge of € 15.00 at the enforcement court

  • There are additional costs for the delivery of the order of attachment and transfer of garnished clause to the garnishee or debtor (between € 20 and € 30 per delivery)

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Costs for enforcement involving real estate

Costs for enforcement involving real estate: 

When registering a judicial mortgage:

  • the lawyer receives a 0,3-fold charge
    [Image]  lawyer expenses

  • the land registry receives the full charge according to the cost order

When requesting a compulsory auction:

  • the lawyer receives a 0,4-fold charge for requesting a compulsory auction and an additional 0,4-fold charge for participating during the auction day. For participating in the distribution procedure the lawyer receives a 0,3-fold charge.
    [Image] lawyer expenses

  • the court receives a 0,3-fold charge for arranging the compulsory auction based on legal fee schedules  
    [Image]  legal charges

  • for additional proceedings and auction day activities, there is another 0,3-fold charge based on the property’s current market price; in addition, there are often appraisal costs for calculating the market value which may be from € 500 – 1000.

  •  
  • Please note: Given these extensive costs, the creditor should be certain (especially in the case of small claim amounts) whether the minimum requirements are sufficient, and whether there is a general prospect of finding a bidder.

When requesting forced administration:  

  • There are costs involved in using administrative receivers. If certain banks and authorities are the creditors, there is the possibility of suggesting a company employee to serve as an institute-administrative receiver. This administrator manager does not receive remuneration, but only cash expenses.

All information is presented to the best of our knowledge. We assume no responsibility for its correctness.

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