Garnishment (Pfändung) for ordinary monetary claims or maintenance claims with a Pfändungs- und Überweisungsbeschluss (garnishment and transfer order)

• General requirements for compulsory enforcement (Zwangsvollstreckung) Before applying for the garnishment and transfer order (Pfändungs- und Überweisungsbeschluss), the general requirements for compulsory enforcement must be met: 1. Enforcement title (Vollstreckungstitel), or "Titel" for short: As the creditor, you must already hold an enforcement title. An enforcement title is a court decision with enforceable content, for example: • judgments, • enforcement orders (Vollstreckungsbescheide) resulting from a default payment procedure (Mahnverfahren), • cost assessment orders (Kostenfestsetzungsbeschlüsse), • court settlements, and • notarial deeds. 2. Certificate of enforceability (Vollstreckungsklausel): The certificate is a note on the title that authorizes you to pursue compulsory enforcement against the debtor. It reads, for example: "The above certified copy is issued to the plaintiff for the purpose of compulsory enforcement." The certificate of enforceability is generally issued, on application, by the body that issued the enforcement title. It must bear the issuing official's job title, be signed, and be sealed. Exceptions: No certificate of enforceability is required for enforcement orders from the German default payment procedure and a few other exceptions. 3. Service of the enforcement title on the debtor: The enforcement title must have been served on the debtor before compulsory enforcement begins. Judgments and orders are generally served ex officio by the court. The corresponding service is then certified on the enforcement title or in the certificate of enforceability. For non-judicial enforcement titles, service must be arranged by you, for example by instructing a bailiff (Gerichtsvollzieher/in) accordingly. For some enforcement titles, compulsory enforcement may not begin until two weeks after service. These enforcement titles include: • cost assessment orders that are not endorsed on the judgment, • orders issued in the simplified procedure for the maintenance of minors, • settlements concluded before a lawyer and declared enforceable, • certain notarial or judicial deeds. • Form To have a garnishment carried out by means of a garnishment and transfer order, you must apply in writing to the competent enforcement court for the order to be issued. You can send the completed application to the court by post, or submit it in person with the help of the legal applications office (Rechtsantragsstelle) of the competent enforcement court. The application must use the following forms provided for this purpose: • Application • Draft order • depending on the type of claim being asserted, the statement of claim (Forderungsaufstellung) for statutory maintenance claims or for other monetary claims • Precise details of the third-party debtor (Drittschuldner) The third-party debtor is the person, company, authority, or credit institution against whom the debtor has a claim, for example a claim for payment of earned income or for payment of a credit balance. You must state: the third-party debtor's name, address (including street and house number, and for companies, if applicable, as entered in the commercial register), and, if available, their file reference number. • Precise description of the alleged claim of the debtor against a third-party debtor You must precisely describe the debtor's claim against the third-party debtor, for example the debtor's claim • against the employer for payment of earned income, • against credit institutions or building societies for payment of account or savings balances, • against insurance companies for termination and payment of the contractually guaranteed benefit, • against the tax office (Finanzamt) for the refund of overpaid taxes; note that this claim can only be garnished from 1 January of the following year for the calendar year that has ended! • Only for garnishment on account of maintenance claims For garnishment on account of maintenance claims, you must state: a) the debtor's marital status (single, married, divorced) b) if a child entitled to maintenance is the one garnishing, you must state how many other children entitled to maintenance the debtor has. c) if the debtor has deliberately evaded the maintenance obligation, this must be stated. • Details of how the issued garnishment and transfer order is to be served on the debtor It is advisable to request that the garnishment and transfer order be served by the court registry (Geschäftsstelle des Gerichts) (known as arranging service through the court). The registry then instructs the bailiff. Otherwise, as the creditor, you would have to arrange yourself for the order to be served on the third-party debtor by the bailiff. If you apply for service to be arranged through the court, you can also request that the third-party debtor be required to make a statement declaring, among other things, whether and to what extent they acknowledge the claim as justified and are willing to pay the money demanded to you, and whether other persons have registered claims (§ 840 ZPO, Code of Civil Procedure).

• Written application using the forms provided for this purpose You must submit the application in writing using the standardised forms in accordance with the Zwangsvollstreckungsformularverordnung (ZVFV, Enforcement Forms Ordinance). • Enforcement order (Vollstreckungstitel) with certificate of enforceability and proof of service, in original Together with your application for a garnishment and transfer order (Pfändungs- und Überweisungsbeschluss), you must submit the enforcement order in original to the responsible enforcement court (Vollstreckungsgericht). A simple or certified copy of the enforcement order is not sufficient. Directory of locations and courts www.justizadressen.nrw.de/og.php?MD=j • Proof of service of the enforcement order on the debtor For non-judicial enforcement orders, i.e. those not served ex officio by the court (in which case service is noted directly on the order), you must submit the original proof of service to the responsible enforcement court. • Statement of your monetary or maintenance claims and enforcement costs, with corresponding evidence Your application must list and provide evidence for all claims you are asserting against the debtor. If you wish to assert enforcement costs incurred so far (e.g. for engaging a court bailiff (Gerichtsvollzieher) or previous garnishment and transfer orders), the relevant statement must also be submitted. This will become part of the garnishment and transfer order. The evidence you submit regarding the amount of enforcement costs incurred so far will be returned to you. • If you wish to submit the application with the help of the Rechtsantragsstelle (legal application office) of the responsible enforcement court, you must also bring your identity card (Personalausweis) or passport with Meldebescheinigung (registration certificate).

• Forms for Zwangsvollstreckung (enforcement proceedings) www.bmjv.de/DE/service/formulare/form_zwangsvollstreckung/fo

For the application for the issuance of a Pfändungs- und Überweisungsbeschluss (garnishment and transfer order), you, as the applicant (creditor), must pay fees: • 24.00 € for the decision on your application pursuant to item 2111 of the Kostenverzeichnis (schedule of costs) to the Gerichtskostengesetz (Court Costs Act, KV GKG) • Upon service of the order by the Gerichtsvollzieher (bailiff): amounts that the bailiff may charge for serving the garnishment and transfer order You can apply for Prozesskostenhilfe (legal aid) for the proceedings.

• Zivilprozessordnung (ZPO) [Code of Civil Procedure] § 829 Attachment of a monetary claim www.gesetze-im-internet.de/zpo/__829.html • Zivilprozessordnung (ZPO) § 835 Transfer of a monetary claim www.gesetze-im-internet.de/zpo/__835.html

Welches Vollstreckungsgericht zuständig ist, richtet sich nach dem Wohnsitz oder - bei Unternehmen - nach dem Geschäftssitz des Schuldners. Translation: Which Vollstreckungsgericht (enforcement court) has jurisdiction depends on the debtor's place of residence or - for companies - registered office.