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Apply for a stay of execution

Gültigkeitsgebiet: Bundesweit

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Quick info

Enforcement against you can be temporarily suspended or restricted if there are grounds of equity. Inequity exists if enforcement would cause you undue hardship that can be avoided by waiting a short time.

Description

Upon your application, the enforcement authority may temporarily suspend or restrict enforcement against you if there are concrete indications that you would be unreasonably disadvantaged by the enforcement.
An unreasonable disadvantage may exist, for example, if

  • the measures would jeopardize or destroy your economic existence,
  • Your economic situation is impaired by unavoidable natural events (storms, drought, flood damage, animal epidemics),
  • in case of illness, when the preservation of your life or health outweighs the state's interest in enforcement.

However, the usual disadvantages of enforcement must generally be accepted and do not fundamentally justify a stay of execution.

A postponement of enforcement can only be granted taking your financial circumstances into account. The enforcement authority must therefore determine these.
In particular, the following information must be checked for completeness and plausibility:

  • to your income,
  • Employer,
  • Marital status,
  • Cost of monthly living expenses,
  • Insurances,
  • Bank details,
  • Real estate and
  • other assets.

The suspension of enforcement can be granted to you for a maximum of 24 months in exchange for a single payment or installment payments, depending on the amount of the claim or the repayment rate.

Procedure

If enforcement proceedings have been announced or initiated against you, you have the option to apply for a stay of execution online or in writing.

To apply for a stay of execution, proceed as follows:

Online:

  • Open the customs portal.
    • To use the customs portal, you must register and log in once at www.zoll-portal.de.
  • Fill out the online application for a deferment of enforcement under the "Services" menu item.
  • If applicable, please attach relevant documents to illustrate your income and financial situation.
  • You will receive an acknowledgment of receipt with a reference number and an application cover document.
  • After your application has been processed, you will receive a notification in your electronic inbox in the Customs Portal.

In writing:

  • The application can be made informally.
  • You can offer the main customs office installment payments in your application.
  • Submit your application to the main customs office (enforcement authority) that initiated the enforcement proceedings against you.
  • If applicable, please attach relevant documents to illustrate your income and financial situation.
  • If necessary, the main customs office will request further evidence or explanations from you.
  • The main customs office will decide on your application.

The jurisdiction of the main customs office is generally determined by your place of residence.

Deadlines

There are no deadlines to observe.

Costs & Fees

There are no fees for processing your application for a stay of execution. However, late payment surcharges may continue to accrue on your outstanding claims even if a stay of execution is granted.

Legal basis

further information

Technical approval

Federal Ministry of Finance (BMF)

legal remedy

  • Objection

Stichwörter

  • cheapness
  • Restriction
  • Deferred payment
  • Insolvency
  • Garnishment
  • Execution
  • Installment payment
  • Setting
  • Enforcement
  • Enforcement measures
  • Notice of enforcement
  • Application
  • stay of execution