Einfache vollstreckbare Ausfertigung eines Titels zum Zwecke der Zwangsvollstreckung beantragen

You have obtained a title in court and would like to pursue enforcement from it. For this purpose, the competent court may, on application, issue an enforceable copy of the title.
 

In order for you to be able to proceed for enforcement of a title (judgment, settlement, etc.), you need an enforceable copy of your title. This includes an enforcement clause. This clause certifies to you as a creditor that you may enforce the title against the debtor. The basic prerequisite for enforcement is that the title has an enforceable content (e.g. payment of a sum of money, surrender of a thing). The enforceable copy will be issued on application by the court from which you obtained the title. If the title has been declared provisionally enforceable by the court, the enforceable copy may be issued without further ado. If there is no provisional enforceability, the applicable time limit for appeal must be awaited before the enforceable copy is issued in order for the title to become final.

Informal application
 

- You must have obtained a title.
- The instrument must be final or provisionally enforceable.
 

The issue of a simple enforceable copy is free of charge.

The enforceable copy of a title can only be issued by the competent court. For this purpose, at the request of the creditor, the court provides a copy of the title with an enforcement clause. The application may be made informally. Once the enforceable copy has been issued, the court sends it by post to the creditor or his or her representative.

As a rule, processing takes place within a few days of receipt of the application.

An enforceable copy of a provisionally enforceable title may be requested at any time. If the title is not provisionally enforceable, enforcement may not begin until the title has become final.

Memory

- Application for the issue of an enforceable copy for the purpose of enforcement
- Creditor or representative (e.g. lawyer) may file the application
- Issue is effected by affixing an enforcement clause to a copy of the title
- Only the competent court can issue the enforceable copy
- The competent court is the court that issued/issued the title If the proceedings have been transferred to the appeal instance, the court of the higher instance has jurisdiction
 

The competent court is the court that issued/issued the title If the proceedings have been transferred to the appeal instance, the court of the higher instance has jurisdiction
 

Forms available: No
Written form required: No
Informal application possible: Yes
Personal appearance required: No