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.

An enforcement officer must correct a measure taken or a decision made if it is clearly based on an erroneous or insufficient investigation or a manifest misapplication of the law. This procedure is termed “correction of a substantive error” and requires a manifest error to have been committed in the matter. Enforcement officers are also required to correct typographical errors and miscalculations in decisions or other documents, as well as other clear errors comparable to these. This procedure is referred to as “correction of a clerical error”.

Self-corrections can be made on the request of the interested parties or on the enforcement officer’s own initiative. They must be made without delay once the error has been detected. Examples of self-correction include the reversal or amendment of manifestly erroneous garnishment or distraint.

Not all measures taken or decisions made by enforcement officers can be corrected, such as completed enforcement auctions.

When an enforcement officer corrects their own substantive error or clerical error, they draw up a written decision on the correction. This decision may be appealed. Decisions by which an enforcement officer rejects a self-correction request made by an interested party may not be appealed, however.