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:
lawyer expenses
In addition to these basic charges, there are
additional expenses for postage and value added tax.
|
Costs for
enforcement involving real estate:
When registering a judicial mortgage:
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.
lawyer
expenses
-
the court receives a
0,3-fold charge for arranging the compulsory auction based on legal fee
schedules
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.
|