Seizure without a reminder - is that possible?

02-10  Source: Network gathering  Views:4 

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Seizure without a reminder - is that possible?

Garnishments have a surprise effect.

To deploy a garnishment, the creditor is required to enforce. For this example, it can seize your checking account at the bank, your valuable household confiscate or access your wages from your employer. Prerequisite is enforceable.

Each attachment requires an enforceable title

  • A enforceable the creditor must procure only. There are various ways. Regularly the creditor must turn to the courts to claim. You owe a sum of money, the creditor can apply for a reminder and enforcement orders. Instead, he might as well pay legal proceedings submit. As a result, gets the creditor if his claim is justified, a payment judgment. This judgment is enforceable.
  • A reminder is only relevant out of court. If you do not pay by the due date of the invoice, you will send a reminder of creditors regularly to pay. Numbers will not, he can turn to the courts to claim and obtain a payment title.
  • An enforceable payment titles is also available, if you committed in a notarial deed to pay and the immediate execution have submitted in your assets. You can recognize maintenance claims also at the Youth Office. Even then the creditor is entitled payment.

Enforcement is usually without warning

  • If the creditor then in possession of a payment title, he can direct the execution and thus the seizure in the way. This requires no additional warning more. Once the title of the world is, the creditor may execute immediately. So you need at any time expect that the creditor accesses your checking account or your household or your wages.
  • Here also a certain element of surprise in the background plays a role. Full Stretches the creditor in your checking account, a previous warning would be counterproductive. You could clear the account previously empty. Protection provides a garnishment protection account! Notwithstanding this, the creditor may again send a reminder in an amicable way to pay.
  • If the bailiff at the door, you can defer payment. You must demonstrate that you are expected to be able to provide payment within a reasonable time by installments. The creditors must agree (§ 802b ZPO).
  • Do not pay, you are to submit asset information (formerly affidavit) committed (§ 802f ZPO). Abstract this duty, you threatened with arrest besides Erzwingungshaft by the bailiff.

So you should be seriously anxious to make the process more actively. This will avoid any that you are at some point with their backs to the wall. Even if you can not defend themselves against the substance of the claim, you should talk to the creditor. Unable to pay, negotiate a partial payment or deferment of the claim. Ideally, you provide a security (mortgage, assignment of wages, guarantee).

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