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Deposit; application to a local court

You can apply to a local court for the deposit of sums of money or valuables.

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  • Antrag auf Annahme von Geldsummen zur Hinterlegung
  • Antrag auf Annahme von Wertgegenständen zur Hinterlegung

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Procedure details

On application, sums of money or valuables can be deposited with the Bavarian judicial authorities under certain conditions. Important applications are

  • the deposit of money or securities for the purpose of providing security, for example in civil or criminal proceedings, or
  • the deposit as a substitute for performance if regular performance is not possible (for example: uncertainty about the identity of the creditor).

In Bavaria, the application can generally be filed with any local court, as the Bavarian Deposit Act does not contain any provisions on the local jurisdiction of the deposit offices. However, some special statutory provisions provide for regulations on local jurisdiction (e.g. Section 118 (1) sentence 2 of the Building Code - BauGB, Section 320 (2) of the Fiscal Code - AO).

Only
  • sums of money (cash deposit) or
  • securities balances as well as securities, tokens or other documents and valuables (value deposit) can be deposited.
can be deposited.

A deposit is only possible in the legally prescribed cases, for example

  • Provision of security for the temporary suspension of enforcement
  • Provision of security to achieve the provisional enforceability of a judgment
  • Provision of security for the non-execution of arrest warrants
  • Creditor uncertainty in accordance with Section 372 BGB if there is doubt as to the identity of the person entitled to receive payment but the debtor wishes to discharge the debt

When depositing value, the items offered must be capable of being deposited.

  • The required documents depend on the respective reason for filing:
    • in the case of the provision of security for the temporary suspension or execution of enforcement: the judgment or the order from which the type and amount of the security is derived
    • in the case of the provision of security to achieve the provisional enforceability of a judgment: the judgment or the order from which the type and amount of the provision of security results
    • in the event of default of acceptance pursuant to Section 372 BGB: correspondence showing that the person entitled to receive the money has not accepted it despite being requested to do so and a deadline being set
    • in the event of creditor uncertainty pursuant to Section 372 BGB, i.e. if there is doubt as to the identity of the person entitled to receive, but the debtor wishes to pay in discharge of debt: documents showing that several persons are asserting their right to the same claim
    • in the case of the provision of security for the non-execution of arrest warrants: Order from which the associated decision is derived

The application for filing may be submitted to the local court in writing, for the record of the court registry or as an electronic document.

  • If the application is submitted in writing, it must be included in a written document which the applicant must sign in person. It is advisable to use the available forms (see "Forms") to submit the application.
  • Alternatively, the applicant can submit the application to the office for the record. The office of the filing office to which the application is to be submitted is responsible.
  • It is also possible to submit an application as an electronic document using a qualified electronic signature or a simple signature and using a secure transmission channel in accordance with Section 130a (4) of the Code of Civil Procedure (e.g. via the court homepage with BayernID).
  • If the local court provides an online procedure, the application can be submitted electronically (see under "Online procedure").

The application for filing must contain the following information:

  • Name of the applicant and, if applicable, the representative
    The name or company name and address of the applicant must be stated in the application. If the application is submitted by a representative, the representative's name and address must also be stated.

  • Description of the sum of money or valuable item to be deposited
    When depositing sums of money or tokens of money, the amount and currency must be stated. Money in foreign currencies can only be deposited in the form of money tokens (i.e. banknotes or coins).

    When depositing securities deposits, securities and other documents, the application must contain their exact designation and a value amount. In the case of a deposit of securities deposits or securities, for example, the following can be stated Type, number of units, securities identification number, nominal amount, other distinguishing features, associated renewal, interest or dividend coupons.

    When depositing valuables, their exact description and a value must be provided. For example, the type, material, other distinguishing features and, if applicable, an estimated value can be provided.

  • Reason for deposit
    In the application for deposit, the respective statutory reason for deposit must be stated in detail, i.e. the specific facts justifying the deposit must be conclusively stated. If an authority or a court has declared the applicant to be entitled or obliged to deposit, the relevant official or court decision must be specified in detail (e.g. court, date of decision, file number) and a copy attached.

  • Naming possible recipients
    In the application, the possible recipients of the sum of money or valuables to be deposited must always be stated by name or company name and address. The additional indication of telephone, fax or e-mail contact data is useful, but not mandatory. Under certain circumstances, the applicant can also name themselves as a possible recipient, for example when depositing as security. Exceptionally, a deposit may also be considered without being able to specifically designate possible recipients by name and address, for example in the case of a deposit in favor of currently unknown heirs.
  • If applicable: Specification of the consideration to be provided
    The application must specify the consideration to be provided if the creditor must first fulfill a consideration before he is entitled to receive the sum of money or valuables to be deposited.
  • If applicable: Reservation of notification of the deposit to the creditor
    When depositing to discharge an obligation, the applicant may declare to the depositary that he/she reserves the right to notify the creditor of the deposit within the meaning of Section 374 (2) BGB. In this case, the applicant must prove to the filing office within one month of the execution of the filing that and when the creditor received the notification pursuant to Section 374 (2) BGB. The applicant is primarily responsible for submitting the notification in accordance with Section 374 (2) BGB. Alternatively, the applicant would have to state in the application for filing that the filing office should make the notification for him at his expense, or explain that the notification can exceptionally be omitted as "unnecessary" because this is justified by weighty reasons in the individual case.

  • If applicable: Declaration of waiver of the right of redemption
    The applicant can declare to the depositary that he waives the right to redeem the deposited item. Alternatively, it may be expressly stated that the right of redemption is not waived. The question of whether the applicant waives the right of redemption plays a role in particular when depositing for the purpose of discharging an obligation.

The depositary then decides whether to accept the deposit. If the filing office orders acceptance, the deposit must still be executed. The item to be deposited must therefore be paid in, booked in or delivered to the competent office. If this is not done within six months of notification of the acceptance order, the acceptance order becomes invalid.

Please note:

  • Cash can only be accepted at the depository in urgent cases (e.g. arrest bail). All other amounts of money accepted for deposit must be transferred to the Landesjustizkasse Bamberg.
  • Valuables of any kind accepted for deposit must be delivered to the Landesjustizkasse in Bamberg at the depositor's expense and risk. The depositary is not authorized to receive and store valuables.

The deposit relationship ends as soon as the depositary has ordered the surrender of the deposited item and its surrender has been completed. Applications for surrender must contain the name or company name and address of the applicant, the recipient and the other parties involved, as well as the description of the object to be surrendered. Furthermore, the circumstances from which the applicant's entitlement to receive the item is derived must be set out and proven.

No court fees are charged for cash deposits.

A fee of EUR 10 to EUR 340 is charged for the deposit of securities, securities, other documents, valuables and coins (banknotes or coins in foreign currency).

Additional expenses (document fee, bank charges) may also be incurred.

none

An appeal may be lodged against decisions by the filing office. If the filing office considers the appeal to be well-founded, it will dismiss it. Otherwise, it shall immediately submit the appeal to the supervising judge of the local court for a decision.

Status: 21.08.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium der Justiz
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