If you are dissatisfied
Enforcement appeal
The main remedy against enforcement proceedings is filing an appeal to a district court. As a rule, all enforcement measures taken, proceedings instituted and decisions made by enforcement officers in matters such as garnishment, distraint, auctions and remittances are subject to appeal. The enforcement officer must state whether the measure or decision is subject to appeal and provide instructions for appeal.
Self-correction
In certain cases, an enforcement officer can rectify errors made in enforcement without the incorrect decision being appealed to a district court. This procedure is called self-correction.
Contested enforcement
Questions sometimes arise during enforcement proceedings that must be resolved before the enforcement matter can proceed. For example, questions concerning the debtor’s payment liabilities after the grounds for enforcement have been determined, or third-party allegations of ownership of distrained property are questions that must be resolved before enforcement can proceed.
Complaint
If a complaint is made against an enforcement officer, for example due to a neglect of duties, the matter cannot be heard as an appeal in the courts. In such cases, the subject of the complaint is not a decision made by the enforcement officer that could be appealed and, for example reversed as a result.
Claim for compensation
Damages caused by the exercise of public authority can, under certain conditions, be compensated from state funds. In enforcement proceedings, the exercise of public authority includes making decisions and the actual implementation of enforcement measures.
Published 12.12.2020