Garnishment
In German enforcement law, over- pledging refers to the seizure of an item whose auction proceeds exceed the titled claim including the execution costs. An over-attachment would exist if, in the course of collecting a claim in the amount of € 50, a motor vehicle with auction proceeds of € 5,000 were attached. It is true that a garnishment of claims can also be over-garnished, but since the creditor or bailiff does not usually know the value of the receivable to be garnished in advance, over-garnishment can only be affirmed in rare exceptional cases.
According to Section 803, Paragraph 1, Clause 2 of the ZPO, attachment may only be made to the extent that this is necessary to satisfy the obligee and to cover the costs of foreclosure. A violation of this regulation does not lead to the ineffectiveness of the garnishment, an over-garnishment contrary to the regulation can however be reprimanded in the context of an enforcement reminder according to § 766 ZPO and revoked by the enforcement court. The prohibition of over-attachment is a protective law within the meaning of Section 823 (2) of the German Civil Code (BGB) which, in the event of a violation, can justify claims for damages by the enforcement creditor against the debtor.
The prohibition on over-attachment does not apply if immovable property (real estate) is enforced.