Eidesstattliche Versicherung — sworn declaration of your assets

What is an Eidesstattliche Versicherung?

An Eidesstattliche Versicherung (often shortened to EV) is a formal, sworn statement of your financial situation — income, bank accounts, vehicles, property, and other assets. The Gerichtsvollzieher (bailiff) uses it to see what can be seized to pay a creditor under a Vollstreckungstitel.

It is not a payment demand itself. It is a cooperation duty in enforcement: you must help the court identify attachable assets. Refusing or lying can escalate enforcement and trigger separate penalties.

How you got here

Typical debt enforcement path:

• Mahnbescheid → Vollstreckungsbescheid
• Gerichtsvollzieher starts active enforcement
• Payment or garnishment attempts — Pfändungsbeschluss, home visit
• Eidesstattliche Versicherung ordered when assets are unclear (you are here)

The bailiff may request an EV before or alongside wage or account garnishment. Set up a P-Konto if Kontopfändung is possible — but you must still declare the account truthfully.

Letters you may receive

• Aufforderung zur Abgabe einer EV — demand to submit a sworn asset form by a deadline
• Termin — appointment at the bailiff office or Amtsgericht to give the declaration in person
• Androhung of Ordnungshaft or fines for non-compliance — take these seriously
• Vermögensverzeichnis form — structured list of assets and liabilities to fill in
• Follow-up if the first declaration was incomplete or disputed

Always note the Aktenzeichen and respond before the stated Frist (deadline).

What you must declare

The form asks broadly for your economic situation. Typically include:

• Employment and net income — employer, salary, side jobs
• Bank accounts — all Girokontos, savings, foreign accounts (including P-Konto)
• Cash on hand above trivial amounts
• Vehicles — cars, motorcycles (Finanzierung counts)
• Real estate — owned flats, houses, land; rental income
• Insurance policies with surrender value
• Receivables — money others owe you
• Household items above exempt limits — bailiff can inventory but many basics are protected
• Debts to others — loans, ongoing enforcement

Omitting accounts, hiding transfers to relatives, or understating income is risky — the bailiff can cross-check with banks, the Kfz-Zentralregister, and Grundbuch.

Protected assets (still declare them)

You must list protected items even if they cannot all be seized:

• Unpfändbar minimum wage portions and basic household goods
• P-Konto monthly exempt balance — declare the account; protection limits what is taken
• Certain benefits when correctly classified — but mixed accounts complicate enforcement

Declaration ≠ immediate loss of everything. It helps the bailiff apply legal limits. Hiding assets breaks the law and removes trust for payment plans.

How to submit — in writing vs in person

Written form: You receive a form (Vermögensverzeichnis), fill it completely, sign, and often must confirm under oath that it is true (versichere an Eides statt). Some courts accept posted forms; others require personal appearance.

In person: At a Termin the bailiff or court officer administers the oath. Bring ID, account statements, employment contract, vehicle papers, and loan documents. You may bring a lawyer or Schuldnerberatung adviser for support — you still answer yourself.

Missing a Termin without rescheduling can lead to coercive measures. Call the office immediately if you cannot attend.

Deadlines and consequences of refusal

The letter sets a Frist — often one to two weeks. If you do not comply:

• Continued or intensified Pfändung (garnishment, home visit)
• Zwangsgeld (compulsory fine) for disobeying court orders
• Ordnungshaft — short custodial detention to compel cooperation (not paying the debt itself, but enforcing the duty to disclose)
• Costs added to your enforcement file

Cooperating with a truthful EV does not mean admitting the underlying debt is correct — but you must not lie about assets.

False or incomplete declarations — criminal risk

Knowingly false or incomplete EVs can constitute Strafbarkeit under § 153 StGB (false affirmation in lieu of oath) or related offences. Consequences include fines and, in serious cases, imprisonment.

Honest mistakes should be corrected immediately in writing. If you forgot an old savings account, disclose it as soon as you remember — do not wait for the bailiff to find it.

Schuldnerverzeichnis — public register

If enforcement fails and certain conditions are met, an EV can lead to entry in the Schuldnerverzeichnis (debtor directory) — a public register searchable by creditors and some businesses. This is often called the path toward visible insolvency pressure before full Insolvenz (bankruptcy).

Register entry affects reputation and credit. Schuldnerberatung can explain whether consumer insolvency (Verbraucherinsolvenz) is a better structured exit than prolonged enforcement.

What to do — step by step

Step 1: Read the letter — deadline, Termin, Aktenzeichen, required form.

Step 2: Gather bank statements (3–6 months), payslips, rental contract, vehicle registration, insurance summaries.

Step 3: Contact Schuldnerberatung before submitting — free help listing assets correctly and negotiating payment plans.

Step 4: Complete every line on the Vermögensverzeichnis; write "keine" where truly nothing applies.

Step 5: Submit on time — in person or by post as instructed; keep copies.

Step 6: If garnishment follows, verify protected amounts and P-Konto status.

When to get help

• Deadline within days and you lack documents.
• You previously gave incorrect information and need to correct it.
• Ordnungshaft or Zwangsgeld is threatened.
• Joint assets with a partner who is not the debtor.
• You consider Insolvenz instead of ongoing enforcement.
• Underlying debt may be wrong — lawyer plus Schuldnerberatung together.

Beratungshilfe at the Amtsgericht can fund legal advice if you qualify by income.

Key terms glossary

Still not sure what your letter wants?

• ✓ Plain English summary of deadline and required form
• ✓ Checklist of assets you must list
• ✓ Criminal-risk flags if wording mentions Ordnungshaft
• ✓ Draft reply or Vermögensverzeichnis cover letter in German

Last updated: June 2026