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Enforcement measure; application for full or partial revocation, prohibition or temporary suspension

At the debtor's request, an enforcement measure may be revoked, prohibited or temporarily suspended in whole or in part.

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The regulations on the non-attachment of assets and protection against enforcement restrict enforcement in order to protect the debtor from losing their livelihood. For example, items that are necessary for the maintenance of a reasonably modest household, for the maintenance of personal gainful employment or for health reasons cannot be seized or can only be seized to a limited extent. There are also certain garnishment limits to ensure the minimum subsistence of the debtor and their family. This applies in particular to earned income, claims to social benefits and claims to equalization of burdens.

At the debtor's request, an enforcement measure can be fully or partially revoked, prohibited or temporarily suspended in accordance with Section 765a ZPO if, taking full account of the creditor's need for protection, it constitutes a hardship that is not compatible with morality due to very special circumstances.

Status: 10.04.2025
Editorial responsibility Bayerisches Staatsministerium der Justiz
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