Distraint

Under seizure, in Austria execution, refers to the seizure of property for purposes of the creditors' claims. This is done at the request of the creditor when a debtor is unable to pay outstanding debts. A seizure is a form of foreclosure.

Germany

In Germany, the attachment aligns accordance with the provisions of the Code of Civil Procedure. She sits in the private law requires an enforcement order, which must be served on the debtor. The enforceable replaced in public law enforcement arrangement.

The end of the seizure of physical objects

Search of the residence

This is carried out by a bailiff ( in private law ) or an enforcement officer in public law. The bailiff is looking at the home of the debtor after seizable objects. This includes all non- essential items. A number of articles ( mainly simple household items, tools and the like) are not subject to seizure (seizure protection, see list in § 811 of the Code of Civil Procedure ( Germany ) ( ZPO) ).

Process and effect of seizure

If the enforcement officers find it, he takes the objects in itself or provides them with a pledge seal, the cuckoo called. Before the seizure of the enforcement officers should, however, outweigh the value of the object against the costs arising from a seizure costs, since these must be paid by the debtor. Often then particularly valuable, or as good as new devices are just a few, for the attachment, since others would not be covered by their value to blame. From a pocket seizure occurs when, for example, the cash is seized, worn by the debtor himself. Legally causes the seizure by the bailiff seized the entanglement of matter and the formation of an attachment lien. The extended rights to make the creditor now for garnishment lien holders.

The seizure of an already seized thing ( not to exposure: see Thomas / Putzo § 829 para 2 CCP. ) For further monetary claim port attachment is mentioned. Creditor, the old, or, more commonly, a new creditor (§ 826 ZPO). For more creditors can conduct recovery operations even after § 827 ZPO any creditor, the first garnishment lien holders will usually satisfied first. Responsible is the first active bailiff.

Utilization

Repossessed items are auctioned off. The auction starts with the minimum bid. The claims of the creditors are paid from the proceeds of the auction. If after that money be left over, it is replaced by the debtor.

Seizure of assets and other property rights

The seizure of assets and other property rights takes place in the German private law in general by an act adopted by the executing court attachment and transfer decision, garnishment order issued by a public law by the enforcement authority. Also, domains may be attached, the Supreme Court 's opinion.

Remedies

Against the actions of the bailiff in the garnishment, the debtor may proceed with the execution of memory 766 ZPO according to §. Want to the debtor against whom the attachment titled underlying claim contact, he can counter enforcement action pursuant. Raise § 767 ZPO.

Since the attachment to the movable property by the bailiff property status is not checked by him, it is also quite possible something is seized, which does not belong to the debtor. For such a case, the German Code of Civil Procedure ( ZPO) has provided remedies which give the actual owner back to his right. Pursuant to § 771 ZPO - the so-called third-party action - can claim his right of ownership by judicial. The prerequisite is that the foreclosure has already begun - and not finished, and the damage to the property of an object or a property similar law - usually with garnishment. Where such an action success, thus saith the court in its judgment tenor the inadmissibility of the attachment and provides an enforcement regarding the subject matter. Holder of a lien or garnishment against exploitation rights in the foreclosure can assert their rights also in the way of action whatsoever. The difference here, however, is the holder of a lien or recovery law enforcement are not intended to prevent. Rather, this is gem in the way of action for preferential satisfaction. § 805 ZPO from the proceeds of the auction granted a privileged place in relation to other creditors.

Seizure -free allowances

In Germany, a debtor is allowed to keep a portion of his monthly net income in income garnishment. The amount of the garnishment exemption limits is graded according to the number of maintenance obligations of the debtor (employee ) ( applies only when maintenance is paid ).

• Income below the exemption limit remains free of attachment.
• Income that is above the exemption limit and below the maximum amount remains exempt from attachment to the specified percentages.
• Income above the cap is fully attached.

The pledge -free amount may be increased at the request of the debtor, if he can not ensure otherwise the necessary living expenses ( § 850F ZPO), as in more than five dependents, high accommodation costs, the diet board ( § 850F ZPO).

Income from overtime is only 50 percent, holiday pay is not subject to attachment. The annual bonus ( Christmas bonus ) is up to half of monthly income, but not exceeding € 500, subject to seizure. A number of other types of income is not subject to attachment or only under special circumstances ( such as blind allowances for pain and suffering pensions ( § 850a, § 850b ZPO) ).

Calculation example (without alimony, without the above exceptions): For monthly. Net income € 2,600 is the amount exempt from € 1088.47, ie max. € 1,511.53 may be subject to attachment. € 1088.47 remain for the livelihood and pocket money per month. Changes in seizure -free allowances surrendered on 1 July 2005, 1 July 2011 and 1 July 2013 and in accordance with § 850c paragraph 2 ZPO future on July 1 of each odd-numbered year in accordance with the percentage change in the basic tax -free allowance under § 32a para 1 No. 1 of the Income Tax Act ( ITA). Decisive is the tax -free allowance on January 1 of each year. The seizure -free allowances notice 2013 of 26 March 2013 were published on April 8, 2013, Federal Law Gazette No. 16/ 2013. The unpfändbare monthly base amount is then increased at 1 July 2013 to 1028.89 € 1045.04 €. This basic amount will be increased, provided legal maintenance obligations are to be fulfilled, since 1 July 2013 to 393,30 Euro per month (previously: EUR 387.22 ) for the first and for periods of 219.12 euros (previously 215.73 € ) for the second to fifth person, which is done legally owed maintenance.

Since the legislature will increase the basic personal allowance in the amount of 8,130 EUR ( reference point for the attachment table 2013) with effect from 1 January 2014 continue to 8354 EUR, it is clear that the attachment table must be already adjusted to July 1, 2015 again. The allowances will rise by another 2.72 per cent, which will lead to a seizure threshold of 1,073.85 EUR.

Seizure protection

For a seizure protection in the account garnishment under § § 829, 833a ZPO in Germany since 1 January 2012, the P- account, a " special form " of the current account is required. Every bank in Germany is therefore obliged (in the context of transitional arrangements in preparation for the new account garnishment protection legislation as of 1 January 2012) since 1 July 2010, by law, at the request of a customer (for an individual) an existing account to a seizure protection account convert. This is account lockouts to a legally regulated so-called seizure protection amount ( and for a certain period of time ) is no longer possible. The person is only a P account is possible. Seizure -free benefits and maintenance obligations thereby increase the garnishment deduction only if the P- account holder has been applied for over the bank managing under Templates evidence.

Austria

The execution process is a civil proceeding as enforcement proceedings.

Switzerland

Under Swiss law, a compulsory attendance of the debtor in the garnishment stipulates (Article 91 paragraph 1 item. 1 DCBA ). The Holder shall be issued after unsuccessful or inadequate seizure a loss certificate, with which he can assert his claim contends that the debtor should come back to power.