Enforcement of judgments
September 27, 2009 | 25,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Dear Sir or Madam,
A conciliation hearing was scheduled at the labor court, unfortunately, due to the absence of the defendant, a default judgment was issued. The default judgment was provisionally enforceable without security. An objection was lodged within the deadline of one week after the judgment was served. The main hearing is scheduled for early 2010. The plaintiff's lawyer, due to the provisional enforceability, has applied for a garnishment and transfer order and carried out an account seizure.
My question is: Besides the request for the release of accounts according to § 850k ZPO and redirecting monthly salary payments to another bank account, is there any other legal possibility to revoke the enforcement or provisional enforceability?
Dear seeker of advice,
Thank you for your inquiry!
Taking into account the information provided, I would be happy to summarize and answer the questions you have raised as follows:
The application you mentioned under § 850 k ZPO should definitely be filed as soon as possible with the competent enforcement court (the court that issued the enforcement order).
In your case, there is generally the possibility to challenge the enforcement as such. In this context, an application for hardship under § 765a ZPO could be made at the competent enforcement court, it is definitely worth a try.
The application is aimed at suspending the enforcement, as the enforcement would represent an unreasonable hardship for the debtor, which would disproportionately affect him.
I have attached a very informative link on this topic for you, which contains a detailed description of how to make such an application and, above all, what requirements must be met:
http://www.jurathek.de/showdocument_print.php?session=O&ID=311
If you need further assistance in this regard, the legal advice center of the competent enforcement court will also be happy to help.
I hope that my explanations have helped you. Feel free to contact me through the follow-up option on this portal or via my email address.
I would like to point out the following: The legal advice I have provided is based solely on the information you have provided. My response is only an initial legal assessment of the situation, which cannot replace a comprehensive evaluation of the facts. Adding or omitting relevant information can lead to a completely different legal assessment.
Wishing you a pleasant Sunday afternoon!
Kind regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax.0471/57774
