Send a fully assigned request
Attach the deposit receipt, case number, hearing date and your contact details. State exactly which amount was deposited and how. This allows the responsible court office to locate the proceeding.
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Requesting payment of a court deposit: proof, authority and accounting
How a court deposit after a judicial auction is assigned and which evidence matters for return, payment and court processing.
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BRANDAUER Rechtsanwälte
Salzburg law firm for real estate, corporate law and civil proceedings
We review the court file and property documents, explain the likely legal and financial consequences, and agree the next step with you.
7 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
A court deposit is linked to a specific auction proceeding and a specific person. Anyone waiting for payment after the hearing should first bring together the deposit receipt, the case number and their position in the proceeding.
The return depends on the procedural stage. Section 180(2) EO provides for court custody of the highest bidder’s security until the purchase price has been paid in full or the award has been refused with final effect. Section 188(1) EO governs return of the security after a final refusal of the award. A simple request for an account balance does not replace that review.
Payment after the hearing
Which point about the payment is unclear?
Organise the procedural stage, receipt and responsibility before requesting payment.
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Obtain the receipt and case number
First identify the case number, enforcement court, deposit date and amount. If someone acted for another person, add the name of the person who made the deposit. A request without these details is difficult to assign to the correct proceeding.
Document the stage and reason for return
Bring together proof of full payment of the purchase price or the final decision refusing the award. That evidence helps determine whether court custody has ended and whether return of the security can be processed.
Separate the decision from custody
Check whether the amount is the highest bidder’s security, a later purchase-price payment or another court-held security. While statutory custody continues, there is no automatic right to immediate payment.
Align authority and account holder
Provide the authority and identify the person to whom the amount should be paid. If the names on the receipt and payment account differ, clarify and document the basis for payment before making another request.
Prove entitlement to payment
Record who made the deposit and who seeks its return. A written authority or a direct request from the entitled person provides the assignment needed for further processing.
Separate payment from court custody
Separate payment from court custody
The term court deposit can refer to different payments in the same auction proceeding. These include the highest bidder’s security and the later payment of the purchase price. The type of security and the procedural stage determine whether return can be considered.
For the highest bidder’s security, section 180(2) EO provides for custody until the purchase price has been paid in full or the award has been refused with final effect. Payment therefore has to be assessed after the relevant decision or performance.
Assign the deposit receipt and case number
Assign the deposit receipt and case number
The receipt records amount, date and payment method. It does not by itself show that the money may already be released. The court also needs the case number, enforcement court and the person whose security is being held.
Where several auction proceedings or bidders are involved, keep every receipt separate. A short file note with amount, deposit date, payer’s name and requested payment account prevents a request from being placed in the wrong file.
Which decision triggers return of the security
Which decision triggers return of the security
Section 188(1) EO links return of the security to a final refusal of the award. This rule concerns the situation in which the award is not granted and the decision has become final. Until then, the further course of the proceeding may remain relevant to custody.
The successful buyer’s security has a different procedural connection. Under section 180(2) EO it remains in custody until the purchase price has been paid in full or the award has been refused with final effect. This distinction explains why a request after the hearing does not automatically result in immediate payment.
Clarify responsibility and payment details
Clarify responsibility and payment details
A payment request belongs to the enforcement court and the specific case file. In writing, state the case number, hearing date, deposited amount and name of the person who made the deposit. Ask for the current processing stage and whether further evidence is required.
Provide account details only in the form and through the secure channel requested by the court. If the entitled person and account holder are different, explain and prove the basis for payment.
What to do when payment remains unclear
What to do when payment remains unclear
If no response arrives, do not merely repeat the payment request. Bring together earlier correspondence, proof of delivery and the filing confirmation. This shows whether the request reached the right file and whether the court identified a missing document.
If information differs between communications, review the actual procedural stage in the file. A final refusal of the award, full payment of the purchase price and an open question about account details each have a different effect on further processing.
Documents for a request to the court
Documents for a request to the court
The file should contain the deposit receipt, case number, auction record, award decision or decision refusing the award and, where available, proof that the decision is final. Add identity details and authority documents where someone acts for another person.
Keep originals and send only the copies needed for assignment. The article on inspection of the auction file helps identify which documents may be needed from the court file.
Procedural stage and evidence
Which document answers which question?
Keep payment, file assignment and reason for return separate.
| Question | Important evidence | What remains open? |
|---|---|---|
| Which amount was deposited? | Receipt with date and amount | Assignment to the case file |
| Who is entitled? | Name, identity evidence or authority | Account holder and payment channel |
| Has custody ended? | Full purchase-price payment or final decision | Court processing stage |
| Where should payment go? | Account details requested by the court | Difference between entitled person and account holder |
Step by step
From the deposit receipt to payment
A clear file makes processing by the responsible court office easier.
- 011011
Identify the deposit
Record amount, date, payer and case number from the receipt.
- 022022
Review the procedural stage
Distinguish security, purchase-price payment and final award decision.
- 033033
Prove entitlement
Align identity, authority and the requested payment account.
- 044044
Document the request
Address the enforcement court in writing and secure proof of receipt.
Important: A deposit receipt alone does not create an immediate right to payment. The type of security, procedural stage, finality and assignment to the correct court file are decisive.
FAQ
Common questions about court deposits
When is security returned after a judicial auction? +
That depends on the procedural stage and the depositor’s role. For the highest bidder’s security, section 180(2) EO provides for custody until the purchase price has been paid in full or the award has been refused with final effect. Section 188(1) EO governs return after a final refusal of the award.
Is the deposit receipt enough to obtain payment? +
No. The receipt proves the amount and payment. The case number, enforcement court, entitlement to payment and relevant procedural stage must also be assigned.
Where should a payment request be sent? +
The request belongs to the responsible enforcement court and the specific case file. State the case number, hearing, amount, payer and the secure channel requested for further communication.
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Continue in the portal
Handle the judicial auction after the hearing
Security deposit
Separate savings certificate, lodging, custody and return.
Purchase price
Classify payment deadline and consequences of default.
File inspection
Review access to the court file and relevant documents.
Buyer file
Keep receipts and decisions in one file.
Contact
Discuss documents and next steps.
Topics
Court depositPaymentJudicial auctionSecurity depositEnforcement OrderEnforcement courtCase fileBidder
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