Garnishment (Seizure of Assets) as a Means of Repossession
The foreclosure law provides creditors a lot of ways to enforce their claims against the debtor. Garnishment (the seizure of assets) is one of the most popular among them.
North Rhine-Westphalia, Germany -- (SBWire) -- 01/22/2013 --GRP Rainer lawyers and tax advisors in Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen and Nuremberg www.grprainer.com/en conclude: To enforce your claims to debtors, it is necessary to make sure that the necessary conditions for the enforcement are available. The conditions of enforcement are regulated by the Civil Procedure Code (ZPO). When these requirements are fulfilled, the creditor may request the competent execution court to seize assets of the debtor. The executing court jurisdiction depends basically on the domicile of the debtor.
The garnishment is carried out by the court clerk. The clerk does not check whether the garnishment claim object actually exists. If the debtor is not actually entitled to the object of the claim, the garnishment is "lost". There may be the debtor's claims to take into consideration, for example, those against his bank or his employer. In case of the earnings garnishment, however, the mandatory limits of seizure must be observed.
The claim should provide comprehensive description of the object to be seized (garnished). It is possible to unite several garnishment requests in one claim. Future claims can also be garnished. It is necessary, however, that these requests are already substantiated with indication of their legal grounds. This may be the case, for example, with requests for pension rights.
The arrest is executed by serving the garnishment order. The execution takes place, however, by the transfer decision. Concerning the payment transfer the creditor can choose between two options, that is the transfer for collection and transfer of the debt on a third party. If the third party refuses to accept the debt transfer, the creditor must sue him.
Due to the foreclosure law complexity creditors should first ask for a qualified legal advice. An attorney experienced in legal enforcement can comprehensively advise you on a possible enforcement and initiate the execution against the debtor on your behalf.
GRP Rainer LLP www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.
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