Landeshauptstadt Dresden - www.dresden.de

Address: https://www.dresden.de/en/city/anliegen/administrative-offences-convenient-payment-terms.php Last revision: 07.06.2019 11:34:35 Uhr Printed on: 31.12.2024 02:25:07 Uhr

Administrative Offences – Convenient Payment Terms

The following section deals exclusively with convenient payment terms that may be granted by the Fines Office on the basis of Section 18 of the Act on Regulatory Offences (OWiG).

General questions

What are considered convenient payment terms in Section 18 OWiG?

Convenient payment terms can be installations or deferred payments of the total amount until a later date.

The law prohibits the waiver of claims incurred through administrative offence proceedings, as they are not standard debts; they are sanctions that would be unlawfully repealed in the event of a waiver.

Do I have a legal right to the granting of convenient payment terms?

No.

For convenient payment terms to be granted, it must be deemed unreasonable to pay the fine as legally prescribed within two weeks of the fine notice entering into force.

The Fines Office may choose to grant convenient payment terms – and the specific conditions of these – at its own discretion, which means the final terms may differ from the requested type, duration and amount of the individual payments.

Convenient payment terms shall only be granted following a specific assessment of the offender’s needs and the unreasonableness of an immediate payment.

What is unreasonable?

There are no rigid rules to determine what can be considered reasonable; this must be established on a case-by-case basis.

Given the fact that a fine should punish administrative offences and give citizens a serious reminder of their duties, a strict standard must be applied. Offenders must make the necessary adjustments to their lifestyle by limiting their private consumption on things like holidays and planned purchases of items that are not required in everyday life, e.g. consumer electronics.

Convenient payment terms shall only be deemed suitable if offenders would enter serious financial difficulties and risk becoming insolvent as a result of an immediate lump-sum payment.

It is never a sufficient argument to state that an offender cannot pay a fine from his/her current income or liquid reserves; the sale of attachable objects (Section 811 of the German Code of Civil Procedure [ZPO]) can be reasonably expected without further ado to avert imprisonment and ensure the fine has the desired warning effect.

The attachment-exempt thresholds for earned income described in Section 850c et seq. ZPO do not apply – especially not for minor administrative offences (penalty of up to EUR 55.00) – because a fine is not a standard financial debt.

There is an additional set of case law for fines received by vehicle owners following traffic offences. Resolution 21 Qs 108/06, passed by the District Court of Potsdam on 14 September 2006, includes the following: “Furthermore, an offender, as the owner of a motor vehicle, must, in principle, be capable of raising the funds required to pay a fine incurred as a result of a traffic offence".

Application

Who can apply for convenient payment terms?

An application can be made by the offender named in the fine notice, or a representative with the necessary powers of attorney.

Children up to the age of 13 and adolescents up to the age of 21 may apply for the implementation of alternative measures (charity work) instead of paying the fine.

Applications can be addressed to the Fines Office (Bußgeldbehörde); they will then be forwarded to the District Court for Resolution.

When should an application for instalments or deferred payments be made?

You are recommended to make your application as soon as you know that:

You do not want to object to the fine;

and

You will not be able to make the requested payment within two weeks of the fine notice entering into force.

In light of offenders’ obligation to cooperate and disclose information, they must not remain inactive if they are unable to pay, as they shall otherwise be liable to pay for the costs associated with enforcement measures, including imprisonment.

How must an application be made?

Applications can be made informally in writing or via email or, in the case of a personal meeting, by stating the file number.

Depending on the requested duration of the convenient payment terms, the following documents and evidence must be attached to the application:

Repayment in 3 months

Please attach a copy of your current proof of income to your application.

If you receive welfare benefits (ALG I, ALG II [unemployment benefits], basic social security or benefits prescribed by the Asylum Seeker Benefits Act), please make sure you submit every page of your assessment.

Repayment in over 3 months

Please attach to your application a complete, accurate and signed statement regarding your personal and financial situation.

Important form

Statement (*.pdf, 331 KB)

with appropriate copies of evidence, e.g. assessments for

Unemployment benefits
Welfare benefits or basic social security
Benefits prescribed by the Asylum Seeker Benefits Act
Advance on maintenance allowance issued by the Youth Welfare Office
(Regional) education allowance
Housing allowance
Child benefits
Confirmation of maintenance provider
Letters from insurance companies regarding outstanding amounts
Repayment agreements with other creditors, provided these are being paid
Bank statements on rent, electricity, telephone bills
etc.

This information must be provided for all persons living in your household.

Where must applications be sent?

The specific authority responsible for the granting of convenient payment terms depends on the status of the claim.

If you have not yet received a reminder from the Tax Office and City Treasury regarding the fine, your application should be addressed to the Department of Administration and Fines (Verwaltung und Bußgeldbehörde), indicating the file number.

If you would like a personal meeting, please speak to the responsible member of staff during the stated consultation hours or make an appointment.

What else do I have to consider?

If you fail to properly declare and justify the unreasonableness of an immediate payment within the deadline, or if you fail to present the appropriate evidence, your application for instalments or deferred payments will have to be rejected.

Once your application has been rejected, your claim shall be transferred to the Tax Office and City Treasury for a formal reminder and forced redemption of the sum.

If you are granted convenient payment terms, you must make sure the amounts due are transferred on time and in full; otherwise, the full outstanding amount shall become immediately payable.

A decision regarding convenient payment terms can be repealed or changed, e.g. following changes to the applicant’s income and financial situation.

Merely applying for convenient payment terms does not entitle the applicant to deferred payments, which means any initiated enforcement measures (e.g. seizure executed by the Executive Authority of the Tax Office and City Treasury) can initially be continued.