Search Warrant (§758a ZPO = German Code of Criminal Procedure)

In principle the bailiff is entitled to search the residence of a debtor if this is required within the scope of the enforcement order. However, if the debtor denies the bailiff access to his residence or business areas, then the latter requires an official search warrant.

The creditor, i.e. his representative can apply for a search warrant to the court in whose district the search is to be conducted.

The search warrant may not be required of its application would endanger the outcome of the search.

If the debtor is living together with other persons, then these co-occupants have to agree to the search involving the debtor, even if this affects their own rights.