Garnishment

As a garnishee attached receivable is referred to foreclosure law of the debtor. The term " garnishee " is used to distinguish from the judgment debtor, which is with respect to the claim seized the creditors.

Examples:

  • If the wages of a debtor are seized, the employer is liable to provide the wage payment garnishee in this sense.
  • Has a GmbH a claim against a shareholder on deposit / increase in share capital, it can drag this demand with an attachment and transfer order, or attachment and confiscation of a third party (creditor of the LLC ). Then the partner is garnishee. The creditor pursues his desires with a garnishee action. The GmbH must be proclaimed to the dispute.

The seizure of a claim is with the service on the garnishee in effect ( § § 828 ff ZPO).

The garnishee shall notify the judgment creditor upon request within two weeks by the so-called third-party debtor declaration (DSE ) on the likelihood of success of garnishment ( § 840 ZPO)

  • Execution Law ( Germany )
247397
de