Schuldnerverzeichnis - Einsicht nehmen

Zivilprozessordnung (ZPO):

• § 802c Vermögensauskunft des Schuldners
• § 882b Inhalt des Schuldnerverzeichnisses
• § 882f Einsicht in das Schuldnerverzeichnis
• § 882g Erteilung von Abdrucken
• § 882h Zuständigkeit; Ausgestaltung des Schuldnerverzeichnisses

Abgabenordnung (AO):

• § 284 Vermögensauskunft des Vollstreckungsschuldners

Schuldnerverzeichnisführungsverordnung (SchuFV):

• § 1 Inhalt des Schuldnerverzeichnisses
• § 5 Einsichtsberechtigung
• § 8 Abfragedatenübermittlung
• § 12 Rechtsweg

Einführung zum Gerichtverfassungsgesetz:

• §§ 23 ff. Einführungsgesetz zum Gerichtverfassungsgesetz

The debtor register is maintained by a central enforcement court for each federal state. In Baden-Württemberg, the Karlsruhe district court is the central enforcement court. The debtor register serves to protect business transactions from uncreditworthy debtors. It records all persons

• whose assets are clearly not sufficient to fully satisfy the claims of the enforcing creditor or
• who have not fulfilled their obligation to submit a declaration of assets (corresponds to the former affidavit or oath of disclosure).

The competent bailiff or other competent authorities such as the tax office or the insolvency court order the entry of a debtor.

Deletion from the debtor register takes place automatically after three years. Deletion can take place earlier if the debts have been repaid.

Anyone can apply to inspect the debtor register. However, you must state in your application the purpose for which you wish to use the personal information. This is because access to the debtor register is only permitted for certain purposes regulated by law.

The following organisations can for example Obtain copies of the debtor register and pass them on to their members:

• Chambers of industry and Chambers of commerce and corporations under public law in which members of a profession are organised by law (chambers),
• Applicants who use imprints for the establishment and maintenance of non-public central debtor directories.

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As a rule, personal information from the debtor register may only be retrieved and used for certain purposes specified in the law. You must specifically state the purpose of use when making the enquiry. Inspection is permitted for the following purposes:

• 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 possible economic disadvantages that may result from debtors failing to fulfil their payment obligations,
• for the purposes of criminal prosecution and the execution of sentences,
• to provide information on entries relating to the debtor himself.

Note: In the event of misuse of the enforcement portal, the user may be excluded from using the enforcement portal for up to three years or completely. Misuse of the enforcement portal is deemed to have occurred if there is no authorisation to view the information. In addition, the information may only be processed for the purpose for which it was transmitted; it must be deleted once the purpose has been achieved.

The retrieval of debtor data is subject to a fee for agencies that are not exempt from charges. The fees specified in the state laws on judicial costs apply. In Baden-Württemberg: EUR 4.50

Please note: The fee is charged for each data record that is transmitted. If there are several hits for a query relating to a specific debtor, the fee is only charged once. Fees are also charged for obtaining negative information. Self-disclosure for the debtor, on the other hand, is free of charge. The retrieval is also free of charge if the information is required for the exercise of voluntary supervision.

The costs incurred are pointed out each time debtor data is retrieved.

You can view the contents of the debtor register on the Joint Enforcement Portal of the federal states on the Internet. You can carry out a centralised and cross-state search there. To do this, you must first register via the enforcement portal. You will then receive the data from the enforcement portal that you need to access the portal. You can use this data to log in to the enforcement portal and search for individual debtors. Further information on registering and searching on the Joint Enforcement Portal of the federal states can be found there.

When searching for a specific debtor, it is best to enter the following data:

• Surname and First name of the debtor or the company of the debtor
• Date of birth
• the debtor's place of residence or the place where he or she has his or her registered office

If a person with the data you have provided exists in the debtor register, you will receive a corresponding notification of the debtor's surname, first name, date of birth, place of birth and place of residence.

You will also be informed of

• File number and court or enforcement authority,
• The date of the entry and
• the reason for the entry.

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Further information, in particular on the application process for registered debtors and information on data protection, can be found on the Joint Enforcement Portal of the federal states.

Application for a court decision to the Central Enforcement Court.