Execution against Movable Assets
Execution against Movable Assets
Execution against movable property is a way to collect outstanding debts by seizing assets. The bailiff carries out the execution, usually going directly to the debtor. If found, the debtor is requested to pay the outstanding claim. If no payment is made, the bailiff can seize valuables such as furniture, electronic devices, or vehicles.
Execution on movable property is regulated in § 249 EO. The bailiff carries out the attachment on behalf of the court and ensures that the procedure is lawful.
Parties to the Execution Against Movable Property
There are two main parties in execution against movable property. The
Bailiff
The bailiff carries out the execution on movable property in practice. He visits the debtor, records attachable movable property, and documents which items are eligible for execution. If realizable assets are found, the bailiff ensures that these can be attached and later realized. The bailiff’s task is to carry out the enforcement properly, objectively, and legally correctly.
The bailiff determines the timing of a movable property execution himself and chooses it so that the execution can be carried out as successfully as possible. He may only act between 10 p.m. and 6 a.m. and on weekends and public holidays if there is particular urgency or a previous attempt at normal daytime hours was unsuccessful.
In addition, there is a fixed deadline within which the bailiff must report on the status of the proceedings: A first report is due after four months at the latest, which is extended to six months if an attachment has already been made within the first four months.
Procedure for Execution Against Movable Property
Execution against movable property is one of the most frequently used means of enforcement. The enforcing party files an application for execution.
After the application for execution is approved, the procedure proceeds in the following steps:
- Seizure: The bailiff records and secures the debtor’s movable property.
- Public Sale: The seized items are auctioned, usually through a judicial auction.
- Distribution of Proceeds: The proceeds from the sale are paid out to the enforcing party to settle the outstanding claim.
Peter HarlanderHarlander & Partner Rechtsanwälte „We accompany movable property executions with experience and care and ensure that the execution is carried out properly and efficiently.“
The Locating Procedure
After the approval of the execution on movable property, the so-called discovery procedure begins. The bailiff receives the order to carry out the attachment. He remains active until the claim is collected or it is established that this is not possible.
The bailiff carries out the enforcement without prior notification of the debtor to avoid obstacles.
Seizure
The bailiff carries out the attachment by recording the items in the debtor’s possession and documenting them in the so-called attachment protocol. In this protocol, all attached items are precisely described.
Through the attachment, the enforcing party acquires a lien on these items. The attached items secure the outstanding claim, and the creditor may sell them if the debtor does not pay.
Non-Seizable Items
Not everything in the debtor’s possession may be seized by the bailiff. The law protects certain items necessary for a basic standard of living. Exempt from seizure, among other things, are:
- Items for personal use that enable a modest standard of living
- Food and heating material
- Pets
- Learning aids, such as school books or work materials
- Family photos and keepsakes
Waiting Period
If an execution on movable property is unsuccessful because the bailiff finds nothing or too few realizable assets with the debtor, a waiting period applies. This means: A new attempt to attach movable property from the same debtor may generally only be carried out after six months have passed.
The waiting period is intended to prevent the debtor from being repeatedly visited by the bailiff at short intervals, even though their financial situation has not changed. Only if demonstrably new attachable items are found with the debtor or a new place of enforcement arises can enforcement be attempted again earlier.
Sebastian RiedlmairHarlander & Partner Attorneys „We accompany movable property executions from application to execution and ensure that every measure is targeted.“
Priority of Wage Garnishment
An attempt is first made to collect the outstanding claim through the debtor’s income. Only if no seizable income is available or wage garnishment remains unsuccessful will execution against movable property be carried out.
This priority prevents unnecessary interference with the debtor’s property. Wage garnishment allows repayment to be processed directly through the debtor’s employer. Only if this path fails will the court proceed with execution against movable property and allow access to seizable items.
The situation is different in the case of executions against companies: In such cases, movable property execution is often the first step. While income is usually used first in the case of natural persons, companies often start by seizing movable assets.
Submission of a list of assets
If both the salary and movable property executions are unsuccessful, the debtor is often obliged to submit a list of assets. In this list, he must fully declare all assets such as account balances, savings books or rental income.
The list of assets serves to assess the actual financial circumstances of the debtor.
Your Benefits with Legal Assistance
A lawyer files the application correctly and ensures that the enforcement is lawful. Even in cases of unsuccessful seizures or questions regarding the waiting period, legal assistance can be crucial to avoid loss of time.
A specialized law firm ensures through professional support that the execution is handled efficiently, legally sound, and in the client’s interest.
- Support throughout the entire procedure
- Support in enforcing your claims
- Safeguarding your rights and interests
