Enforcement action; application for full or partial revocation, prohibition, or temporary suspension.
At the debtor's request, an enforcement measure may be cancelled, prohibited or temporarily suspended in whole or in part.
Description
The rules on the unseizability of assets and protection against execution restrict enforcement in order to protect the debtor from losing his livelihood. Thus, items are unseizable or subject to limited seizure if they are necessary for the continuation of a reasonable modest household, for the maintenance of personal gainful employment, or for health reasons. In addition, certain garnishment limits exist to ensure the minimum subsistence of the debtor and his family. This relates in particular to earned income, claims to social benefits and claims to equalization of burdens.
At the debtor's request, an enforcement measure may be wholly or partially revoked, prohibited or temporarily discontinued under section 765a of the Code of Civil Procedure if, taking full account of the creditor's need for protection, it constitutes a hardship that is incompatible with good morals due to very special circumstances.
Status:18.07.2023
Responsible for editing:Bayerisches Staatsministerium der Justiz
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