Why do believers rent items that have not been taken back?
What to do if the bailiff comes?
5. Non-attachable items
You don't have to worry that the General Assembly will vacate your apartment because of a claim. Items for personal use or household items in the context of modest housekeeping are non-attachable. This includes clothing, linen, furniture, dishes, food and heating equipment, but also electrical appliances such as stoves, refrigerators, televisions or smartphones. A smartphone serves basic information needs and cannot be seized if neither a television nor a computer is available. Luxury devices are of course excluded. If an item is exceptionally of particularly high value (particularly high-priced device), a so-called exchange attachment can take place, in which this item is replaced by a simple one. In addition, items are protected that are required for a professional activity (e.g. computers for translators). The car can therefore also be impoundable if you or your partner are otherwise unable to come to work. The car cannot be seized even if you or a family member are dependent on the car because of a walking disability or other health impairment. Ultimately, the bailiff will not seize anything for which the expected proceeds are lower than the costs incurred.
Now it can happen that you have items in your home that do not belong to you. These are items that belong to your children, spouse or roommate, for example, or that someone has lent you. Even things for which you have not yet paid the purchase price in full (hire purchase) usually do not yet belong to you, but to the seller. The AGM cannot see or check that something belongs to someone else. If the third-party property is not evident or is not proven on site, the GV can seize the property. In order to prevent recovery, the real owner must file a so-called third-party opposition action at the enforcement court and prove his ownership. A garnishment is then lifted.
Objects that belong to you but are with someone else can only be seized by the GA if the other agrees to the seizure.
6. Removal of items or removal of a pledge seal
Now you might think of putting things aside (in the basement, to friends or neighbors) or "faking" someone else's property (e.g. from relatives) before attending the GV. We strongly advise against this. You are making yourself liable to prosecution! You will then not only have trouble with your creditor, but possibly also with the public prosecutor's office. Up to two years imprisonment threatens. You are also endangering possible debt relief, for example through bankruptcy proceedings.
The GV seizes objects by taking them with them (small or particularly valuable items) or by affixing a deposit seal (cuckoo). Removing this seal or making it unrecognizable is a separate criminal offense and can also be punished with imprisonment.
7. Recovery of objects
Seized objects are valued before they are used. However, this cannot prevent them from falling below their value. Unless the obligee has ruled this out, the bailiff can give you a respite before the realization if the claim is paid within one year. You can apply to the court for a stay against the will of the creditor, but it is harder to get. To do this, you must make it credible that you will pay the entire claim promptly and that the postponement will not cause any disadvantage to the creditor.
In the past, most of the seized items were sold at public auction. For some time now, the seized items can also be auctioned on the Internet. This is done on the websites www.zoll-auktion.de and www.justiz-auktion.de.
8. Asset information
A creditor can also only request the submission of an asset report. If the claim is not paid in full within the payment period of 2 weeks set by the General Meeting, a date will be set for the submission of the financial report. If, at the time of submitting the financial report, you can credibly demonstrate that you will pay the debt within 12 months, the bailiff can accept the relevant installments and initially refrain from providing the financial report if the creditor agrees. However, talk to your debt counselor beforehand whether this is really feasible and sensible. Promises in the dark, which you cannot keep, do more harm than good.
8.1. Content of an asset report
In an asset report, you must provide comprehensive and truthful information about your income and asset situation. In addition, the corresponding form contains a variety of questions about income, maintenance claims, employer, cash, accounts, endowment insurance, shares and much more. Often times, the GA will send you a form in advance or you can ask them about it.
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