Third-Party Action for Release

Third-Party Action for Release

The third-party action for release serves to protect the property of an uninvolved third party from unlawful seizure. It applies whenever the bailiff seizes an item that is in the possession, but not the ownership, of the obligor. Possession means actual control over an item, i.e., the ability to use or dispose of it at any time. The action therefore makes it possible to have the enforcement declared inadmissible with regard to this specific item.

The third-party action for release is a protective action regulated by law in § 37 EO for a third party, with which the latter asserts that a seized item belongs to them or that they have a right to it which precludes enforcement.

Fundamentals of the Third-Party Action for Release

During the execution of movable property, the bailiff does not check who owns the item. He only looks at whether the item is in the custody of the obligated party. This leads to the seizure of items that are borrowed, rented, leased, or only temporarily provided.

The action for release from attachment provides the true owner with a structured procedure to enforce his rights.

Parties to the Third-Party Action for Release

In regular enforcement proceedings, the enforcing creditor and the obligor face each other. In a third-party action for release, this structure shifts:

• The plaintiff is the third party who asserts a right to the seized item.
• The defendant is the enforcing creditor because they initiated the enforcement.
• The obligor can also be sued if they dispute the asserted right.

Thus, it is an action by an external rights holder against the creditor in the enforcement proceedings.

Purpose of the Third-Party Action for Release

The third-party action for release is not directed against the enforcement as a whole. It exclusively targets the part that concerns a specific item. The court declares the enforcement inadmissible with regard to this item. The remaining execution remains in effect. This secures the third party’s right of ownership without affecting the entire proceedings.

Rights that Enable a Third-Party Action for Release

The grounds for action include every right that precludes the execution of enforcement. In practice, plaintiffs often base their third-party action for release on:

• Ownership in all forms (sole, co-ownership, reserved ownership)
• Rights such as leasing, rental, or loan

It is always decisive that the item does not belong to the obligor, but to the plaintiff third party.

Procedure for the Third-Party Action for Release

The action is filed with the enforcement court and presupposes ongoing enforcement. It can be brought until the suspension or termination of the enforcement proceedings. In the proceedings, the court examines whether the asserted right exists and whether the seizure was inadmissible with regard to the specific item.

Peter Harlander
Harlander & Partner Rechtsanwälte „The action for release from attachment protects the substantive law from an overly broad enforcement.“

Your Benefits with Legal Assistance

Legal assistance ensures that your right as owner is enforced efficiently and completely. This avoids delays and unnecessary risks in the enforcement proceedings.

We represent you before the enforcing creditor and the enforcement court and ensure that the enforcement regarding the affected item is lifted. This allows you to reclaim your property and establish immediate legal certainty.

• Safeguarding your rights and interests
• Enforcement of Your Claims
• Support Throughout the Entire Proceedings

Frequently Asked Questions – FAQ