What you’ll learn in this article:

• How property seizures in execution proceedings work

• When a bailiff may enter a shared apartment

• What to do if the seized items don’t belong to the debtor

• How to file an exclusion claim

• How to protect your belongings from wrongful seizure

When can a bailiff enter and what can they take?

• A bailiff can enter a debtor’s residence even without their presence, including shared spaces.

• They’re mainly looking for movable property at the enforcement location.

• They are not required to determine ownership unless it is clearly obvious the item belongs to someone else.

What to do if your property is seized?

👉 You have two main options:

1. File an exclusion claim (§ 267 Civil Procedure Code) – a court action where you prove the item does not belong to the debtor.

2. Submit proof of ownership – ideally receipts, warranty cards, or bank statements. Witnesses can help, but usually aren’t enough alone.

🛑 Warning: If you don’t act, the item may be sold at auction – and recovering money later will be much harder.

Real-life example

Andrea was renting a room in an apartment with a friend. When the friend stopped paying debts, a bailiff came. Andrea’s laptop and camera were seized, despite having documents proving they were hers. She had to file an exclusion claim and wait nearly a year for the court to decide. The laptop had already been sold.

Lawyer’s recommendation

If you live with someone facing enforcement, prepare ownership documents in advance. In critical cases, formalize your rights to the property (e.g. via a gift agreement or loan-for-use statement).

Also consider notifying the bailiff before they come—if you can prove that the apartment is not the debtor’s residence, the bailiff may have no right to enter.