Schuldnerverzeichnis, Auskunft einholen

• § 882 b, c Zivilprozessordnung (ZPO) – Inhalt des Schuldnerverzeichnisses, Eintragungsanordnung
• § 882 f ZPO – Einsicht in das Schuldnerverzeichnis
• § 882 g ZPO – Erteilung von Abdrucken
• § 802 c ZPO – Vermögensauskunft
• § 284 Abgabenordnung (AO) – Vermögensauskunft
• Verordnung über die Führung des Schuldnerverzeichnisses (SchuFV) – Inhalt des Schuldnerverzeichnisses, Einsicht in das Schuldnerverzeichnis
• § 30 Sächsische Justizorganisationsverordnung (SächsJOrgVO) – Gebührenverzeichnis, Nr. 2.3

Übergangsregelung und Bestimmungen der bis 31.12.2012 geltenden Fassung:

• § 39 Einführungsgesetz zur Zivilprozessordnung (EGZPO) – Übergangsvorschriften
• § 915 ZPO a. F. – Schuldnerverzeichnis
• § 915 b ZPO a. F. – Auskunft

Inspection of the debtor register in accordance with Section 882 f of the Code of Civil Procedure (ZPO)

Debtor directories are indispensable as security for business partners, lenders or landlords. If you have a legitimate interest, you can obtain information about individual entries via the central debtor register and can also view your own data records.

The electronic directories are kept at the central enforcement courts of the federal states, in Saxony at the district court of Zwickau. They contain entries about those debtors

• who have not fulfilled their obligation to provide information on assets,
• for whom enforcement is likely to be unsuccessful according to the contents of the list of assets,
• who do not provide evidence of full satisfaction of the creditor within one month of submitting the statement of assets,
• for whom an application to open insolvency proceedings has been rejected for lack of assets.

The directories are collated nationwide in the central debtor directory.

What information about debtors is included in the register?

The date of the entry order and the reason for the entry, such as failure to provide information on assets, the probable unsuccessfulness of enforcement based on the content of the list of assets and other information.

Tip: The chambers and professional associations provide their members with copies of the lists of debtors ("debtor lists") for a fee.

none

You may only use personal information from the debtor register for the purpose you have specified. Information may be provided

• for the purposes of enforcement
• to fulfil legal obligations to check economic reliability
• to check the requirements for the granting of public benefits
• to avert economic disadvantages that may arise from debtors failing to meet their payment obligations or
  to the extent necessary for the prosecution of criminal offences
• if you would like to receive information about any entries concerning yourself

• Information from the debtor register via the enforcement portal: EUR 4.50
• Information from the "old" list of debtors via the competent local court: free of charge

Note: Please enquire with the respective provider about the costs for obtaining a list of debtors.

The central debtor register can only be viewed online via the joint enforcement portal of the federal states:

• Register online and state your legitimate interest in the inspection.
• After receiving the access data, you can start the search (subject to a fee).
• Enter at least the following search criteria:
• Surname and first name or the company of the debtor and
• the seat of the competent central enforcement court or the debtor's place of residence or date of birth or the place where the debtor is domiciled.

Tip: If you do not have Internet access, you can inspect the central debtor register electronically at any local court.

Information from debtor directories before 01.01.2013

To obtain information from the debtor directories of the local courts with entries prior to 1 January 2013, visit the local court responsible for the debtor's place of residence in person or submit an informal written application by fax or letter (e-mails are not accepted). The application must contain the following information:

• Request (information, impression, copy of the list of assets)
• exact purpose
• Data of the person about whom information is requested - in particular name and address
• personal details (name, address of the applicant)

For special reasons, such as for checking personal reliability under commercial law, the local court will also issue a certificate on request stating that there are no entries in the previous debtor register for a debtor.

Ongoing reference to imprints

Chambers, professional organisations and operators of nationwide debtor registers are permitted by the courts to obtain copies from the debtor registers on an ongoing basis (debtor lists). Other applicants may also apply to obtain copies on an ongoing basis if their legitimate interest cannot be sufficiently taken into account by individual inspection of the state debtor registers or by obtaining lists via the chambers.

Copy of the list of assets

Since 1 January 2013, only bailiffs, enforcement authorities and other government agencies have been authorised to inspect lists of assets. If the creditor cannot request a new statement of assets, it is possible to inspect a list of assets that was available under the old law.

The local court at the debtor's place of residence is responsible.

Entries in the debtor register are deleted ex officio after three years. Deletion can also take place prematurely if the reason for the entry no longer exists.

The previous debtor directories in accordance with Section 915 of the Code of Civil Procedure (ZPO) will be continued for a transitional period after 01.01.2013. Entries from the debtor register under the old law will not be transferred to the new debtor register.

Entries under the old law can be found via the locally competent enforcement court.