Before you carry out a large order for a new customer, engage a supplier or take over a company, you want to know whether the other party is solvent. The debt enforcement register extract tells you. You can order it not only about yourself but, under certain conditions, also about another person or a company.
In short: Anyone who credibly shows an interest can obtain a debt enforcement register extract about another person or a company (Art. 8a DEBA). This applies above all when a contract is about to be concluded or is being performed, for example with a customer, a supplier or a tenant. An offer, a draft contract or an unpaid invoice can serve as evidence. Among other things, the extract does not show debt collection proceedings that were withdrawn, cancelled or, at the debtor’s request, no longer disclosed.
What a debt enforcement register extract is in general and when you need one about yourself is explained in our article The debt enforcement register extract explained. This article is about the extract on third parties.
When may you order an extract on a third party?
The debt enforcement register is not public. Under Art. 8a para. 1 DEBA, anyone who credibly shows an interest may inspect it. The law names the most important case expressly: an interest is credible if the request is directly connected with the conclusion or performance of a contract (Art. 8a para. 2 DEBA).
Typical situations:
- A new customer orders a large delivery on invoice.
- You choose a supplier or subcontractor who receives advance payments.
- A customer has an unpaid invoice and you are considering whether debt collection is worthwhile.
- You are examining the takeover of a company or an investment in it.
Curiosity or a general need for information is not enough. The debt enforcement office examines every request and rejects it if the interest is not credible.
What evidence do you need?
Showing credibly means you demonstrate the connection with a specific transaction. Suitable examples:
- an offer, an order confirmation or a draft contract
- an order or correspondence on an ongoing transaction
- an unpaid invoice or a payment reminder
Have the evidence ready before you order the extract. Without it, the office will not issue the extract.
Extract on a person or on a company
The competent office is the debt enforcement office at the person’s place of residence or the company’s registered office. The extract only shows proceedings in that district. If the other party has recently moved or the company has relocated its registered office, proceedings at the previous location are missing. In that case, an additional extract from the previous place of residence or registered office is worthwhile.
What the extract does not show
Not every debt collection proceeding is disclosed to third parties. Under Art. 8a para. 3 DEBA, the following remain hidden, among others:
- proceedings that are void or were cancelled following a complaint or a judgment,
- proceedings in which the debtor won an action for recovery of money paid,
- proceedings withdrawn by the creditor,
- proceedings whose disclosure the debtor successfully blocked after three months because the creditor did not have the objection set aside.
In addition, third parties’ right of inspection expires five years after the proceedings are closed (Art. 8a para. 4 DEBA). A “clean” extract is therefore a good sign, but not a guarantee.
Special case: tenants
It is customary for prospective tenants to bring their own extract. Only order an extract about a prospective tenant if you can credibly show a specific interest, such as a lease ready to be signed.
How to order the extract with Hoop
- State for whom: choose to request information about another person or a company.
- Choose the office, enter the details: select the competent debt enforcement office and enter the details of the person or company and of your interest.
- Sign electronically: you sign the request digitally and submit it online.
You receive the extract digitally.
Frequently asked questions about the debt enforcement extract on third parties
Does the person concerned have to consent?
No. What matters is that you credibly show an interest. The debt enforcement office examines the request.
How recent does the extract have to be?
There is no statutory time limit. Many business partners and landlords ask for an extract that is no more than three months old.
May I pass the extract on?
Use it only for the purpose for which you ordered it and do not pass it on to uninvolved persons. It contains personal data.
Next steps with Hoop
File debt enforcement requests electronically with the competent debt enforcement office and order official debt enforcement register extracts online.
File a debt enforcement request online · Order a debt enforcement register extract · What debt enforcement costs · Starting debt enforcement: process and deadlines
For businesses that do it themselves: Debt enforcement request for businesses
This blog article does not constitute legal advice, it is made available “as is” and makes no claim to completeness or accuracy. Hoop makes no warranty or liability as to its content. This is excluded to the extent permitted by law. Use is at your own risk. Legal advice is recommended if necessary.
