Information for creditors

Enforcement proceedings are only started when there are grounds for enforcement and the creditor has applied for enforcement. The most common grounds for enforcement are judgments issued by the courts in civil and criminal matters. A child maintenance payment agreement confirmed by the social welfare board’s child welfare supervisor is also grounds for enforcement.

The enforcement authorities also collect directly enforceable receivables, such as taxes, fines and public payments. Other receivables governed by public law and comparable payments are directly enforceable if specifically provided for by law or decree. These include a number of insurance premiums. A request for the enforcement of directly enforceable receivables may not be filed through an attorney.

Other enforcement measures

Certain other obligations can also be enforced by the enforcement authorities in addition to debt collection.

These include:

  • evictions;
  • seizures;
  • repossession and remittance of items paid in instalments;
  • obligations to relinquish property; and
  • enforcement of decisions on child custody and right of access to a child.

The competence of the enforcement authority begins when an application for enforcement is instituted. Enforcement will then proceed with the measures decided on by the enforcement officer.

Limited enforcement

Creditors can limit enforcement measures by requesting for limited enforcement. Enforcement measures will then be limited to the garnishment of pay, pensions and other assets that do not have to be liquidated. The debtor’s income and assets will be established from the appropriate registers. In limited enforcement, creditors cannot apply for the passive registration of their receivables for possible future measures. The creditor’s processing fee for limited enforcement is lower than for regular enforcement. Additional information on enforcement fees is available on their dedicated page .

Passive register

If the debtor is found to lack garnishable income or distrainable assets, they will be declared indigent and the enforcement matter will be closed. The creditor can request that their receivables be entered in the passive register while the enforcement matter is still pending. The matter is not considered pending and no active enforcement measures will be taken while it is registered in the passive register. However, if the debtor is found to possess garnishable or distrainable assets (e.g. a tax refund) while registered in the passive register, they will be garnished or distrained also against receivables registered in the passive register. The matter remains registered in the passive register for two years from the date of the impediment certificate.

Published 12.12.2020