A carrying out civil servant (VB) executes public demands on behalf a municipality, a local authorities association or an other authority, as for example the tax office. It concerns own demands of its client in each case against itself in its stopping persons. The VB is coworker him assigning body or authority.

Legal basis of its activity are is the administrative enforcement law (VwVG) of the federation from 27 April 1953 ith D. F. from 17 December 1997 and the administrative enforcement laws of the countries. A set of regulations of the tax code (AO) and regulations of the judicial code (ZPO) were explained for applicable. The VB does not only need judgement or an other judicial Vollstreckungstitel, but an enforcement arrangement of its authority. The enforcement arrangement ("§ 3 VwVG) may be only issued, if

1. an achievement answer is present,
2. the maturity occurred,
3. the close time of one week past is and
4. a reminder took place with period from one week.

Under the enforceable requirements fall among other things fiscal claims (trade tax, real estate tax, dog licence fee, income tax) or handling charges and penalties (e.g. for park sins).

Authorities, which cannot themselves have own VBs in the way of the legal assistance of the VBs of other authorities to serve. Because of the structure of the Federal Republic of Germany a VB of the city Munich cannot e.g. execute an entitled demand with an inhabitant of Krefeld. Instead the city Munich addresses a legal assistance request to the city Krefeld, which implements then the demand by means of its own VBs.

The VB is not inevitably also in the legal sense a civil servant of its employment body. It can be also employee. In the last years it is to be stated that the occupation of the VB in always measure - just as the similar occupation of the bailiff is exercised - also by women.

The attendance of the VB and its enforcement attempt cannot be prevented by its own redress. Only redresses, if at this time still possible, against the basic answer (e.g. Real estate tax answer) for the enforcement of the VB, can the enforcement turn away. Important also the simultaneous request for suspension of carrying out (automatic data processing) the basic answer is with a plea against the basic answer.

In the course of the vollstreckungsmassnahme by the VB by this if an article was seized, not the judgement debtor but someone else belongs, then this can contest the enforcement with a third contradiction complaint with the responsible district court and require thus the release of the falsely seized article.

The powers of the VB are as extensive not completely as those of the bailiff. Just like bailiffs VB for the obligatory opening requires a dwelling of an appropriate judicial arrangement.

If the VB encounters with acts of execution resistance, then it can use and for this support of the police search for force.

After newest amending of the enforcement right for VBs in the year 2005, he may do now demands also under private law (e.g. Rents, leases, repay etc.) to his authority levy distraint, if by the debtor one does not contradict to the execution. Here the VB a substantial action free space is created, there the enforcement of privatrechtl. Demands ith D. R. the bailiff is incumbent on and a judicial title to be for this actually obtained must.

Like the bailiff, he may remove in the meantime also the insurance in lieu of an oath (eV) from the debtor, if a fruitless enforcement attempt was accomplished. Whether the insurance in lieu of an oath is to be decreased by the VB or the bailiff, decides the authority, which employs the VB.

Carrying out officials are not to confound with execution officials, e.g. A law execution official.

See also: Bailiff

Related links

• Text of the administrative enforcement law

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• Civil service - Wikipedia, the free encyclopedia
  Administrative institutions usually grow out of the personal servants of high ... possible for officers to employ other people to carry out their official ...