Rea­liza­ti­on of items sei­zed by bai­liffs

Bai­liffs are civil ser­vants and work regio­nal­ly in a dis­trict assi­gned to them. The sei­zu­re and rea­liza­ti­on of objects is only part of their duties. In prac­ti­ce, bai­liffs also refu­se such an assign­ment on the grounds that sui­ta­ble publicly appoin­ted, sworn auc­tion­eers are available. Bai­liffs may refu­se wit­hout giving reasons, § 191 (1) GVGA.

In con­trast, the core com­pe­tence of the publicly appoin­ted, sworn auc­tion­eer is the rea­liza­ti­on of pled­ges. He has the com­mer­cial know-how about mar­ket struc­tures and alre­a­dy has a wide ran­ge of cont­acts at natio­nal and inter­na­tio­nal level. For this reason, it may be advi­sa­ble to invol­ve the auc­tion­eer after the sei­zu­re in the sale of valuable items or tech­ni­cal pro­ducts such as spe­cial machi­nery. If the publicly appoin­ted, sworn auc­tion­eer is com­mis­sio­ned, no expert reports need to be drawn up. What many peo­p­le do not know. The legis­la­tor express­ly pro­vi­des for this pos­si­bi­li­ty in accordance with § 825 ZPO.