Apply to set up a protected bank account

Prerequisites

• They have a current account.
• You are affected by a bank account seizure.

Documents required

• You generally do not need any special documentation to set up a protected bank account (P-account).
• You only need these if you want to increase the basic tax allowance beyond the statutory amount.
• To convert your existing current account:
• formal or informal application to the bank (often there is a bank form)
• Valid identity card or passport for identity verification
• For increasing the basic exempt amount (if necessary):
• P-account certificate regarding additional allowances, for example:
  • Debt counselling centers
  • Social services
  • Family allowance
  • Employer
  • lawyers
  • insolvency administrators
• Additional typical evidence and proof:
  • Birth certificates of the children
  • Proof of maintenance payments or maintenance obligations
  • Notice regarding social benefits
  • Child benefit notice

Please note

If your wages have already been garnished and you now lack the funds to cover your living expenses, you can contact your local social services office. To be eligible, you must be receiving benefits under Book XII of the German Social Code or the Asylum Seekers' Benefits Act.

In this case, you must prove that the garnishment has taken place by submitting a current bank statement or a booking confirmation (for savings books).

The local court does not provide legal advice. Please contact authorized law firms or notaries.

The Public Legal Information Office (ÖRA) offers affordable legal advice for people with low incomes.

Deadlines

no

Procedure

• You apply to convert your current account into a protected account at the credit institution, bank or savings bank where you have the current account.
• You submit the required documents with your application.
• The credit institution will review your application and documents. If necessary, it will request further documents or information from you.
• The credit institution will convert your existing current account into a protected account.
• Your monthly basic allowance is protected from garnishment.
• If you require a higher tax-free allowance, for example due to maintenance obligations, child benefits, or certain social welfare payments, you must submit the corresponding certificate. You can obtain this from debt counseling centers, social welfare offices, your employer, or a law firm, among other sources.
• The credit institution then enters the increased exemption amount into your garnishment protection account, so that these amounts are also protected from garnishment.

Processing time

The processing time depends on the respective credit institution.

Fees

You can find out about the costs or fees from your bank.

Legal remedies

No legal remedy is provided for.

Legal basis

Section 850c of the Code of Civil Procedure (ZPO)


https://www.gesetze-im-internet.de/zpo/__850c.html




Section 850k of the Code of Civil Procedure (ZPO)


https://www.gesetze-im-internet.de/zpo/__850k.html