The visit of the bailiff is a serious step in the enforcement proceedings. If you know your rights and act prudently, you will avoid expensive consequences. Early advice can pave the way out of the debt trap.
Why the bailiff is coming
A bailiff only takes action if a creditor has obtained a legally binding title such as a judgment, enforcement notice or notarial acknowledgment of debt. Only then can he enforce the claim. The appearance of the bailiff is therefore not a coincidence, but the result of legal proceedings. Anyone who ignores requests must expect coercive measures such as having their apartment opened on a court order and additional costs, according to the consumer advice center.
Access and legitimacy
You are not obliged to let the bailiff in on your first visit. According to the consumer advice center, he is only allowed to forcibly enter the apartment or house with a court search warrant. It is always advisable to check your ID card with a photo, signature and official seal. If you are unsure, you can ask the responsible local court and, if in doubt, access can be refused, emphasizes the Kotz law firm.
What can and cannot be seized
Luxury goods, valuables and assets that go beyond the subsistence level can be seized. According to the consumer advice center, everyday items such as clothing, furniture, household appliances, pets, work equipment and a car cannot be seized if they are needed for work or for health reasons. Cash is only protected in small quantities. In order to secure your income up to the seizure exemption limit, a seizure protection account is crucial, as it goes on to say.
Asset information
The bailiff can request that financial information be provided. This mandatory information lists income, accounts and assets. Incorrect or refused information can lead to mandatory detention and automatically results in entries in debt registers and Schufa, warns the consumer advice center. A realistic installment payment agreement only makes sense if it can be adhered to, ideally in consultation with a debt advisor.
What must be avoided at all costs
Hiding valuables or removing deposit seals, also known as cuckoo glue, is a criminal offense and can result in fines or imprisonment. Hiding or ignoring also makes the situation worse, as additional costs arise and enforcement is enforced more harshly, explains the consumer advice center.
Seek help instead of repressing it
Anyone who contacts debt advice, lawyers or consumer advice centers in a timely manner will receive support with seizure protection, negotiations with creditors and possible insolvency proceedings, according to the Brandt law firm. “Letters remain unopened, reminders are ignored. All I can always say is: sticking your head in the sand doesn’t help. Keep your documents in order, seek help from debtor advice,” warns chief bailiff Matthias Boek in the podcast “Freitag” from the dbb (civil servants’ association and tariff union).
Editorial team finanzen.net