What can the creditor do if enforcement remains fruitless?
In principle, creditors can make use of all available enforcement options, even parallel. In the event that enforcement remains fruitless, the creditor can request that the debtor swears an oath of disclosure of the debtor’s assets. The creditor then receives an official record from the court of the debtor’s statement. This record often helps identifying new ways of enforcement because the debtor must, for instance, disclose (new) jobs. Enforcement can be repeated as many times as necessary until payment was effected. It is advisable to repeat enforcement measures every two to three or so years. However interests on the amount due, of which the exact amount is not yet included in the enforceable instrument should be recovered separately because otherwise the limitation rules will apply. For further information please contact:LAW OFFICE Dr. Hk, Stieglmeier & Kollegen Contact: Advocate Dr.Gtz-Sebastian Hk Eschenallee 22, 14050 Berlin Tel.: 00 49 (0) 30 3000 760-0 Fax: 00 49 (0) 30 3000 7
