Prerequisites
- They possess an enforceable title to a monetary claim against the debtor, such as...
- legally binding court ruling,
- Enforcement order or
- Notarized debt instrument with enforcement clause.
- The enforcement title contains an enforcement clause that releases it for enforcement.
- The enforcement order was duly served on the debtor.
- The debtor has an attachable claim against someone else (third-party debtor), for example:
- Account balance at a bank
- Wage or salary from the employer
- Claims against insurance companies or clients
- There are no obstacles to enforcement, for example:
- statutory exemption limits for seizure
- existing attachment, which has priority
Documents required
- Please provide the following information in your application:
- Name and address of the debtor
- Amount of claim
- Title on which the claim is based
- Name and address of the third-party debtor (for example, bank or employer)
- Enforcement title with enforcement clause and proof of service
- If your enforcement order was not served directly by the court, please enclose the original proof of service.
- Statement of your claims and enforcement costs
- List your monetary or maintenance claims, as well as any previous enforcement costs (for example, bailiff fees or previous garnishment orders). Include supporting documentation.
- These costs will then become part of the garnishment and transfer order.
- You will receive back the documentation you submitted regarding the amount of your previous enforcement costs.
Please note
The enforcement order must have been properly served on the debtor. Without proper service, the garnishment and transfer order is not valid.
They can only seize claims that are legally subject to seizure.
- Examples: Bank account balances, wages, salary, claims against insurance companies.
- For example, the following are not subject to seizure: social benefits, child benefits or tax allowances.
Debtors are entitled to protection from seizure.
- In cases of account seizure, a protected account (P-account) can be set up to secure basic living expenses.
- In the case of wage garnishment, there are statutory exemption limits that must be observed.
The garnishment and transfer order will be served on the third-party debtor.
- Make sure you provide the correct address of the bank or employer.
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
The debtor may file an appeal against the attachment and transfer order (PfÜB) within 2 weeks.
