Yes! You can use AI to fill out Pfändungs- und Überweisungsbeschluss (Garnishment and Transfer Order) – German Civil Enforcement Court Form
The PfÀndungs- und Ãberweisungsbeschluss is an official German court document issued by the Amtsgericht (local court) acting as the enforcement court (Vollstreckungsgericht) under the Zivilprozessordnung (ZPO). It legally orders the garnishment of a debtor's financial claimsâsuch as wages, bank account balances, savings, insurance policies, or social security benefitsâand transfers those claims to the creditor to satisfy an outstanding debt. The form covers all parties involved, including creditors, debtors, and third-party debtors (e.g., employers, banks, insurance companies), and incorporates provisions for exemption limits, maintenance obligations, and special enforcement rules under §§ 829, 835, 850c, 850d, and 850f ZPO. Today, this highly detailed and legally complex form can be filled out quickly and accurately using AI-powered services like Instafill.ai, which can also convert non-fillable PDF versions into interactive fillable forms.
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Form specifications
| Form name: | Pfändungs- und Überweisungsbeschluss (Garnishment and Transfer Order) – German Civil Enforcement Court Form |
| Number of pages: | 9 |
| Language: | English |
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Follow these steps to fill out your PFÄNDUNGS- UND ÜBERWEISUNGSBESCHLUSS form online using Instafill.ai:
- 1 Navigate to Instafill.ai and upload the Pfändungs- und Überweisungsbeschluss PDF form or select it from the available form library to begin filling it out online.
- 2 Enter the court information, including the name of the Amtsgericht (local court) and the court file reference number (Geschäftszeichen), and identify all creditors (Gläubiger) with their full names, addresses, legal representatives, and bank connection details (IBAN, BIC, account holder).
- 3 Provide complete debtor (Schuldner) information, including name, address, date and place of birth, registry details, and any legal representatives or authorized agents, and indicate whether there are additional debtors listed in a separate annex.
- 4 Identify all third-party debtors (Drittschuldner), such as employers, banks, insurance companies, or government agencies, by entering their names, addresses, registry information, and electronic delivery addresses, and specify the relevant claims modules (e.g., wages, bank accounts, savings, insurance, tax refunds).
- 5 Select the type of enforcement order (Pfändungs- und Überweisungsbeschluss or Pfändungsbeschluss), specify the enforcement titles (Vollstreckungstitel) with their type, issuer, date, and file number, and indicate whether the claims are assigned for collection or in lieu of payment.
- 6 Complete the personal and financial circumstances section for the debtor, including employment status, marital status, maintenance obligations for dependents, and any applicable special provisions under §§ 850c, 850d, or 850f ZPO regarding exemption limits and income aggregation.
- 7 Review all entered information for accuracy and completeness, then submit or print the finalized form for filing with the enforcement court, ensuring all required signatures from the judicial officer (Rechtspfleger) and court clerk (Urkundsbeamter) are obtained.
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Frequently Asked Questions About Form Pfändungs- und Überweisungsbeschluss
This is a German court form for a PfÀndungs- und Ãberweisungsbeschluss (garnishment and transfer order) or PfÀndungsbeschluss (garnishment order), issued by a local court (Amtsgericht) acting as an enforcement court. It is used in debt enforcement proceedings to seize a debtor's claims against third parties â such as wages, bank accounts, savings, insurance policies, or tax refunds â and transfer them to the creditor to satisfy an outstanding debt.
This form is primarily completed by the creditor (GlÀubiger) or their legal representative/attorney who is applying for a court order to garnish the debtor's assets. Certain sections, such as the court file number, the judicial officer's signature, and specific enforcement orders, are filled in exclusively by the court.
You must provide the creditor's full name or company name, address (street, house number, postal code, city, and country if outside Germany), business reference number, and bank account details (IBAN, BIC if applicable, account holder name, and purpose of payment). You must also indicate whether the creditor is not entitled to deduct input tax (VAT).
You must provide the debtor's full name or company name, address, date of birth, place of birth, and if applicable, their registry court and registration number. A business reference number and information about any legal representative or authorized agent must also be included if relevant.
A third-party debtor is a person or organization that owes money or holds assets belonging to the debtor â for example, an employer, bank, insurance company, or tax office. You must provide their full name or company name, address, registry court and number (if a company), and an electronic delivery address if available. Up to three third-party debtors can be listed directly on the form, with additional ones attached as a separate annex.
The form covers a wide range of claims, including wages and salary (including short-time work allowance), bank account balances and savings, tax refunds from the tax office, benefits from the employment agency or insurance carriers, building society savings contracts, life insurance policies and surrender values, and securities held in custody accounts. Each type of claim corresponds to a specific module (E through M) on the form.
A PfÀndungs- und Ãberweisungsbeschluss (garnishment and transfer order) both seizes the debtor's claim and transfers it to the creditor for collection or in lieu of payment. A PfÀndungsbeschluss (garnishment order alone) only seizes the claim without transferring it. You must select the appropriate type on the form depending on the enforcement action being sought.
Module Q applies when the creditor is enforcing a maintenance claim (Unterhaltsanspruch) under § 850d ZPO, which allows for higher garnishment amounts than standard wage garnishment. In this case, additional information about the debtor's personal and financial circumstances must be provided, including details about dependent persons, the debtor's employment status, marital status, and whether maintenance obligations are being met.
Module S applies when the creditor's claim arises from an intentionally committed tortious act (vorsÀtzlich begangene unerlaubte Handlung) by the debtor, as per § 850f Paragraph 2 ZPO. In this case, the court can order that the attachable portion of the debtor's income be calculated without the standard exemption limits, and specific monthly allowances for the debtor's own maintenance and legal obligations must be set.
You must provide the IBAN of the account to which garnished funds should be transferred, along with the account holder's name and the purpose of payment. The BIC is optional and can be omitted if the IBAN begins with 'DE' (German bank account). The bank details can be for the creditor, their legal representative, their authorized agent, or a different account holder.
Yes. The form allows for multiple creditors and debtors. If there are additional creditors or debtors beyond those listed directly on the form, you must check the corresponding box and attach a separate annex listing all additional parties with their full details.
The court can order the debtor to surrender wage/salary statements, savings books or certificates, bank statements, and insurance policies to the creditor. The court can also authorize a bailiff (Gerichtsvollzieher) to access the debtor's safe deposit box or receive securities from the third-party debtor. Each of these orders has a dedicated checkbox and requires the relevant debtor and third-party debtor reference numbers.
Yes â services like Instafill.ai use AI to auto-fill complex legal forms accurately, saving significant time and reducing errors. This is especially helpful for a form like this one, which contains numerous sections, checkboxes, and legal references that can be confusing to navigate manually.
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If the PDF is a scanned or flat non-fillable document, you can use Instafill.ai to convert it into an interactive fillable form. The platform detects all form fields and makes them editable, allowing you to type in your information, check boxes, and save or print the completed form â without needing any special software.
Compliance Pfändungs- und Überweisungsbeschluss
Validation Checks by Instafill.ai
1
IBAN Format and BIC Conditional Requirement Validation
Validates that the IBAN field follows the correct international format (up to 34 alphanumeric characters) and begins with a valid country code. Additionally, enforces the rule that the BIC field is only required when the IBAN does not begin with 'DE' (Germany). If the IBAN starts with 'DE', the BIC field may be left blank; otherwise, a valid BIC must be provided. Failure to comply will result in an inability to process payment transfers to the creditor.
2
Creditor and Debtor Name Completeness Based on Entity Type
Ensures that when 'Herr' or 'Frau' is selected as the entity type for the creditor or debtor, both a last name (Name/Firma) and at least one first name (Vorname) are provided. When 'Unternehmen' is selected, only the company name (Firma) is required and the first name field should be left blank. Mixing entity type selection with incompatible name fields (e.g., providing a first name for a company) should trigger a validation warning. Failure to provide the correct name fields based on entity type will result in an incomplete or legally invalid submission.
3
Postal Code Format Validation for German and Foreign Addresses
Validates that German postal codes (Postleitzahl) consist of exactly 5 numeric digits when no foreign country is specified in the 'Land' field. If a foreign country is entered in the 'Land (wenn nicht Deutschland)' field, the postal code format should be validated against the known format for that country, or at minimum confirmed as non-empty. This applies to all address blocks including creditor, debtor, legal representatives, authorized agents, and third-party debtors. An invalid postal code format may cause delivery failures for court documents and legal notices.
4
Date of Birth Format and Plausibility Validation for Debtor and Dependents
Checks that all date of birth fields (Geburtsdatum) for the debtor, dependent persons, and children are entered in a valid date format (DD.MM.YYYY) and represent a plausible date (not in the future, not before 1900). This validation applies to the debtor's date of birth, as well as the dates of birth for all listed dependent persons in Modules N and P. An implausible or incorrectly formatted date of birth can lead to misidentification of the debtor or incorrect calculation of maintenance exemptions.
5
Enforcement Title Date and Issuer Completeness Validation
Ensures that for each enforcement title referenced (first and second), the mandatory fields of type (Art), issuer (Aussteller), date (Datum), and business reference (GeschÀftszeichen) are all populated. The date field must be a valid past date in DD.MM.YYYY format, and the issuer field must not be blank. If additional enforcement titles are indicated via the annex checkbox, the annex itself must be referenced. Incomplete enforcement title information renders the garnishment order legally deficient and may cause it to be rejected by the court.
6
Mutual Exclusivity of Pfändungs- und Überweisungsbeschluss vs. Pfändungsbeschluss
Validates that exactly one of the two order types is selected: either 'PfÀndungs- und Ãberweisungsbeschluss' (garnishment and transfer order) or 'PfÀndungsbeschluss' (garnishment order only). Both options must not be selected simultaneously, and at least one must be selected for the form to be valid. Similarly, the assignment of claims must be consistent: if a transfer order is selected, either 'zur Einziehung' or 'an Zahlungs statt' must be chosen, but not both. Selecting conflicting order types would create a legally ambiguous document.
7
Cross-Reference Consistency of Debtor and Third-Party Debtor Index Numbers
Validates that all reference numbers (Ziffer) used to cross-reference debtors, creditors, and third-party debtors throughout the form are internally consistent and refer to entities that have been defined elsewhere in the document. For example, when a third-party debtor section references 'Schuldner (zu Ziffer X)', the debtor with that index number must be defined in the debtor section. Orphaned or undefined reference numbers will cause legal ambiguity in the enforcement order and may result in the order being unenforceable against the intended parties.
8
Debtor Marital Status and Maintenance Obligation Consistency
Checks that the debtor's declared marital status is logically consistent with the maintenance obligation details provided. If the debtor is marked as 'ledig' (single), the form should not simultaneously indicate maintenance obligations toward a spouse or registered partner. If the debtor is marked as 'mit dem GlÀubiger verheiratet', the maintenance relationship to the creditor must be reflected appropriately in the maintenance sections. Inconsistencies between marital status and maintenance declarations can lead to incorrect calculation of the non-attachable income threshold under § 850c ZPO.
9
Building Savings Contract Amount and Contract Number Completeness
When claims against building societies (Bausparkassen) are asserted, validates that both the approximate building savings sum (Bausparsumme) is entered as a positive numeric value in Euros and the contract number (Vertragsnummer) is provided. The building savings sum must be a reasonable positive monetary amount and not zero or negative. At least one of the specific claim checkboxes (e.g., payout after allocation, repayment after cancellation) must also be selected. Incomplete building society claim information may result in the claim being unenforceable against the building society.
10
Maintenance Obligation Fulfillment Status Completeness for Each Dependent
For each dependent person listed in the maintenance obligations section (Modules N and Q), validates that exactly one fulfillment status is selected: 'vollstÀndig' (fully), 'teilweise' (partially), or 'nicht' (not at all). If 'teilweise' is selected for any dependent, the 'Angaben zur teilweisen ErfÌllung' (details on partial fulfillment) field must be populated with a description. Leaving the fulfillment status unselected or selecting multiple options for a single dependent will result in an incomplete legal record that may affect the court's determination of the attachable income amount.
11
Income Aggregation Reference Number Consistency for § 850e ZPO
When income aggregation under § 850e No. 2 and 2a ZPO is invoked (Module O), validates that all referenced third-party debtor index numbers (Ziffer) correspond to third-party debtors defined elsewhere in the form, and that the income amounts entered are positive numeric values in Euros. The primary source of the non-attachable basic amount must be identified by selecting exactly one of the available options (employment income or social security benefit). If multiple income sources are listed, the total must be logically consistent with the claim amounts. Inconsistent or missing income aggregation data will result in an incorrect calculation of the attachable income portion.
12
Electronic Delivery Address Format Validation for Third-Party Debtors
Validates that the electronic delivery address (elektronische Zustelladresse) field for each third-party debtor, when provided, conforms to a valid electronic address format such as a properly structured email address or a recognized De-Mail address format. The field should not contain plain text descriptions or invalid characters. This validation applies to all three third-party debtor sections. An invalid electronic delivery address will prevent proper electronic service of the garnishment order on the third-party debtor, potentially delaying or invalidating the enforcement proceedings.
13
Judicial Officer and Court Clerk Signature Fields Completeness
Validates that the court-completed sections include both a date and a name for the judicial officer (Rechtspflegerin/Rechtspfleger) and, where applicable, the court clerk (Urkundsbeamtin/Urkundsbeamter). The date fields must be in a valid format (DD.MM.YYYY) and must not be a future date. Additionally, exactly one of 'Ausgefertigt' or 'Beglaubigt' must be selected to indicate the certification status of the document. Missing or incomplete judicial officer information renders the enforcement order legally invalid and unenforceable.
14
Non-Attachable Amount Plausibility for § 850d ZPO Orders
When a § 850d ZPO (Module Q) order is issued, validates that the monthly non-attachable amount specified for the debtor's own necessary maintenance is a positive numeric value and does not exceed the statutory maximum defined in the PfÀndungsfreigrenzenbekanntmachung. If additional amounts are specified for maintenance obligations toward beneficiaries who precede the creditor, these must also be positive values. The fractional distribution for equally ranked beneficiaries must be expressed as a valid fraction where the numerator is less than the denominator. Implausible or mathematically invalid amounts will result in an unenforceable or legally challenged order.
15
Representation Type Mutual Exclusivity and Completeness Validation
Validates that for each party (creditor, debtor, third-party debtor), only one primary representation type is selected at a time: either direct representation, statutory legal representative, court-appointed guardian, or authorized agent. If a representation type is selected, all mandatory fields for that representative (name, address, and where applicable, function) must be completed. If an exclusivity declaration under § 53 Abs. 2 ZPO is indicated, the corresponding representative details must be fully populated. Selecting conflicting representation types or leaving representative details incomplete will create legal ambiguity regarding who is authorized to act on behalf of the party in the enforcement proceedings.
16
Calendar Year Field Validity for Tax and Employer Claims
Validates that the calendar year (Kalenderjahr) fields used in claims against employers (for wage tax annual adjustment) and claims against the tax office are four-digit numeric values representing a plausible past or current year (not a future year beyond the current calendar year). The year must be within a reasonable range (e.g., not before 1990 and not more than one year in the future). For the tax office claim, if 'all previous calendar years' is selected, the specified year must still be valid as the starting reference point. An invalid or future calendar year in these fields would make the claim legally defective and potentially unenforceable.
Common Mistakes in Completing Pfändungs- und Überweisungsbeschluss
Many applicants enter the IBAN with spaces, incorrect character counts, or typos, especially when copying from a bank statement. An invalid IBAN will cause payment transfers to fail or be rejected by the court, delaying enforcement proceedings. Always double-check the IBAN digit by digit and ensure it contains no spaces when entered into the form. Note that the BIC field can be left blank when the IBAN begins with 'DE' â filling it in incorrectly for German accounts can also cause confusion. Tools like Instafill.ai can automatically validate IBAN formats and flag errors before submission.
The form uses a numbering system (Ziffer) to cross-reference creditors, debtors, and third-party debtors throughout multiple sections. Applicants frequently leave these reference number fields blank or enter inconsistent numbers across sections, making it impossible for the court to match parties correctly. This can result in the order being rejected or returned for correction, causing significant delays. Carefully assign and consistently use the same reference number for each party throughout all relevant sections of the form.
Applicants often overlook or misunderstand the distinction between a garnishment and transfer order (PfÀndungs- und Ãberweisungsbeschluss) and a pure garnishment order (PfÀndungsbeschluss), and either leave both unchecked or select the wrong one. Choosing the wrong type fundamentally changes the legal effect of the order â a transfer order allows the creditor to collect directly, while a garnishment order only freezes the claim. Review the legal requirements of your enforcement situation carefully before selecting, and consult a legal professional if unsure.
The form requires the debtor's date of birth and place of birth to uniquely identify the individual, yet these fields are frequently left blank, especially when the applicant assumes the name and address are sufficient. Without this information, the court may be unable to confirm the debtor's identity, particularly in cases of common names, which can lead to the application being rejected or enforcement being directed at the wrong person. Always include the debtor's full date of birth (in DD.MM.YYYY format) and place of birth as stated in official documents.
Applicants frequently enter incomplete information about the enforcement title, such as leaving out the issuer, date, or file number, or entering the wrong type of title. The enforcement title is the legal foundation of the entire garnishment proceeding, and any inaccuracy or omission can render the application invalid. Ensure that the type, issuer, exact date, and official file number (GeschÀftszeichen) of each enforcement title are copied precisely from the original court document. If there are more than two enforcement titles, check the box for the additional annex and attach a complete list.
The form has parallel sections for creditor representatives, debtor representatives, and third-party debtors, each with similar fields for name, address, and function. Applicants often enter representative data in the wrong section or duplicate information incorrectly across sections, leading to legal confusion about who represents whom. Carefully read each section header before entering data, and ensure that the correct party's representative details are entered in the corresponding section. AI-powered tools like Instafill.ai can help map party information to the correct fields automatically.
When claiming overpayments from the tax office or wage tax annual adjustments from employers, the form requires the specific calendar year to be entered. Applicants often leave this field blank or enter the current year when the claim actually relates to a prior year, which can result in the wrong tax period being covered by the garnishment. Verify the exact tax year for which the refund or overpayment claim exists before completing these fields, and check whether the claim should extend to all previous calendar years by selecting the appropriate checkbox.
The checkbox indicating that the creditor is not entitled to deduct input tax (nicht vorsteuerabzugsberechtigt) is often overlooked, particularly by private individuals who are not VAT-registered businesses. Failing to check this box when it applies can affect the calculation of recoverable costs, as VAT on enforcement costs may or may not be reimbursable depending on the creditor's tax status. Private individuals and non-VAT-registered entities should always check this box, while businesses registered for VAT should leave it unchecked.
Third-party debtors such as employers, banks, or insurance companies must be identified with their full legal name, complete address, and where applicable, their registry court and registration number. Applicants frequently enter only a partial company name, omit the house number, or fail to include the registration details for corporate entities. Incomplete third-party debtor information can prevent proper service of the garnishment order, making the entire enforcement action ineffective. Use official company registry data (Handelsregister) to verify the exact legal name and registration details of corporate third-party debtors.
When applying for garnishment under § 850d ZPO (maintenance claims), applicants must provide detailed information about the debtor's dependents, employment status, marital status, and maintenance fulfillment. This section is often filled out incompletely â for example, failing to specify whether maintenance obligations are fully, partially, or not at all fulfilled, or omitting dependent persons' dates of birth and relationships. Errors here directly affect the calculation of the attachable amount and can lead to incorrect garnishment limits being applied. Provide complete and accurate information for every dependent person listed, and clearly indicate the degree of maintenance fulfillment for each.
The form requires the applicant to choose whether the garnished claims are assigned to the creditor for collection (zur Einziehung) or in lieu of payment (an Zahlungs statt), but applicants sometimes check both options or leave both unchecked. These are mutually exclusive legal options with very different consequences: assignment for collection means the creditor collects on behalf of the claim, while assignment in lieu of payment transfers the claim itself as satisfaction of the debt. Only one option should be selected based on the creditor's legal strategy, and legal advice should be sought if the distinction is unclear.
The form includes a field for the electronic delivery address of each third-party debtor, which is increasingly required for service of legal documents in German enforcement proceedings. Applicants frequently leave this field blank, either because they are unaware of the requirement or do not know the third-party debtor's electronic address. While not always mandatory, omitting this information where it is available can slow down the service process and delay enforcement. Check whether the third-party debtor (especially banks and large employers) has a registered electronic delivery address (De-Mail or beA address) and include it where known.
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