Service Finder
Information from the debtors' register until 31.12.2012
Service Description
The purpose of the debtors' register is to protect bona fide business transactions from uncreditworthy debtors.
Due to a new legal regulation, the maintenance of the debtors' register has been fundamentally reformed and modernized as of 2013. As a result, debtors' registers will be maintained in parallel under the old and new laws for a transitional period of several years.
Since January 1, 2013
- Debtors' registers under the previous law continue to be maintained at the enforcement courts of the district courts. These debtors' lists will continue to exist until all existing entries have been deleted. New entries are only made in old proceedings that have not yet been concluded.
- the debtors' registers under the new law, which have been set up in each federal state at a central enforcement court. Nationwide access is only possible via the Internet.
You can therefore only be certain that a person has been entered in the debtors' register if you obtain information from both debtors' registers.
Anyone can obtain information from both debtors' registers on request if they show that the personal information is to be used for one of the purposes specified in the Code of Civil Procedure (see under Requirements).
Chambers (e.g. chambers of industry and commerce or chambers of handicrafts) or trade and business information agencies can obtain copies of the debtors' register and pass them on to their members.
Requirements
Inspection of the debtors' register is permitted to anyone who demonstrates a need for information:
- for the purposes of compulsory enforcement,
- in order to comply with legal obligations to verify economic reliability
- in order to verify conditions for the granting of public benefits,
- to avert economic disadvantages that may result from debtors failing to meet their payment obligations,
- insofar as this is necessary for the prosecution of criminal offences and the execution of sentences, or
- to provide information on entries concerning himself/herself.
Note: The information may only be used for the purpose for which it was obtained. It must be deleted once the purpose has been achieved.
Process flow
Process flow of previous debtors' register:
You must submit a request for information. The request can be made informally in writing (e.g. by fax, by letter) or orally (e.g. by visiting the local court). Although an application by telephone is not excluded in principle, it may fail in individual cases if it is not possible to properly explain the purpose of use in this way.
The request must include a statement of the purpose, that is, you must explain what you need this information for.
You must also provide the exact details of the person about whom you wish to obtain the information, in particular the exact name and address, so that the person can be clearly identified.
If the application is admissible, you will receive information on whether the person in question is entered in the debtors' register. If an entry exists, you will be informed whether an affidavit has been submitted or whether an arrest warrant has been issued. In addition, the file number and the date of the decision will be provided.
Who should I contact?
With regard to the previous debtor's list, you must contact the local court as the enforcement court in whose district the person concerned resides.
Note: If the person resided in the district of another court at the time the affidavit was submitted or the arrest warrant was issued, the entry may only have been made in the debtor's list there. In these cases, it should be considered to also request information from the debtors' register at the local court of the former place of residence.
Requirements
In this debtors' register, the local court records all persons,
- who have made an affidavit of their financial circumstances (formerly known as an oath of disclosure) or
- against whom an arrest warrant has been issued because they have refused to make the affidavit without authorization.
The debtor is entered in the debtor's register by the local court after making a statutory declaration in lieu of an oath or after being ordered to be detained for making a statutory declaration in lieu of an oath.
Deletion from the debtors' register takes place ex officio at the end of the year after expiry of a period specified by law, i.e. the debtor does not have to file an application for deletion.
The deletion may be made earlier if the debts have been paid off.
Which documents are required?
If documentation is available, such as a judgment titling a claim against the individual, it should be provided.
What are the fees?
none
What deadlines do I have to pay attention to?
none
Legal basis
- § Section 915 of the old version of the Code of Civil Procedure (ZPO) (list of debtors)
- § Section 915 b of the Code of Civil Procedure, old version (ZPO) (information)
- § Section 901 of the old version of the Code of Civil Procedure (ZPO) (issuance of an arrest warrant)
Pursuant to section 39 no. 5 of the Code of Civil Procedure (EGZPO), the existing list of debtors shall be continued with regard to the existing entries.
Appeal
Informal
Author
The text was automatically translated based on the German content.
Technically approved by
Thuringia Ministry of Justice
Professionally released on
04.12.2013
Source: Zuständigkeitsfinder Thüringen (Linie6Plus)
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