Avoid foreclosure
Legal options for averting or postponing enforcement proceedings (garnishment, eviction), such as by filing a motion for a stay of enforcement.
How to proceed
- 1
File a motion for a stay of enforcement with the local court
§ 765a of the Code of Civil Procedure: Motion for a temporary stay of proceedings on grounds of undue hardship.
- 2
Demonstration of exceptional hardship
For example, the threat of homelessness in the event of eviction.
- 3
Court ruling
A court may temporarily suspend enforcement.
Responsible authority
The authority of your main place of residence is responsible.Find authority →
Fees
Varies by case
Processing time
3 days
Official: max. approx. 1 weeks
Online application
In person or by post
Common mistakes
- • Application filed too late (enforcement has already been carried out)
- • No evidence of exceptional hardship has been provided
Common reasons for rejection
- • The enforcement order is final, and no further objections are possible
- • The debtor has not offered to make a payment
The essentials before applying
Who is eligible?
Debtors who are subject to an enforcement order and wish to prevent enforcement.
Income limit
The limit varies by household and region – see the table at the responsible authority or in the application assistant.
Processing time
Nationwide: approx. 3 days
Success rate
approx. 40.0 % (estimate)
Most common mistakes
- •Application filed too late (enforcement has already been carried out)
- •No evidence of exceptional hardship has been provided
Common reasons for rejection
- •The enforcement order is final, and no further objections are possible
- •The debtor has not offered to make a payment
Alternatives
- Check related services in the application assistant
- Use social counselling before applying
If rejected
Read the decision carefully: often submitting missing documents or reapplying helps more than an objection.