Can Bitcoin Be Seized? The Legal Position in Germany

Yes, Bitcoin can be seized. A creditor holding an enforceable title can reach a debtor's crypto assets, and anyone entering personal insolvency has to declare their coins to the insolvency estate. The question that decides everything in practice is a different one: which route the access runs through, and what happens if the debtor claims they can no longer reach their own keys.

Both sides regularly misjudge this situation. Creditors assume crypto assets are out of reach and give up on the attempt from the outset. Debtors assume self-custody is effective protection and then discover that the German Code of Civil Procedure can compel cooperation, with detention if need be. This article sorts out the legal position as it stands in September 2026 and names the points at which it remains open.

Can Bitcoin and other crypto assets be seized at all?

The Code of Civil Procedure contains no separate provision for crypto assets. Crypto assets therefore have to be captured through an existing category, and that happens through Section 857 of the Code of Civil Procedure: the attachment of other property rights, meaning asset positions that are neither a physical object nor a monetary claim and for which the law provides no dedicated route of access.