Means of Appeal

There are various means of appeal against an enforcement order:

If the enforcement method or the bailiff’s actions are to be checked then one has to file a reminder with the Court of Enforcement in accordance with § 766 Sub. 1 German Code of Civil Procedure.

The debtor can protect himself against enforcement arising from an available title by lodging a counterclaim against the enforcement (§ 767 Sub. 1 German Code of Civil Procedure). In this case, however, only objections raised after the last verbal hearing will be considered.

If a third party has a right preventing alienation of an item, then by using so-called third-party proceedings he may achieve that enforcement in respect of the item is decided to be inadmissible (§ 771 Sub. 1 German Code of Civil Procedure). This is often applicable to leased items.