Third party debtor
Third party debtor is the debtor of a seized claim in enforcement law or, in the case of assignment, the debtor of an assigned claim.
General
The third-party debtor is therefore the debtor of the debtor of the attachment creditor or assignment creditor ( assignee ) who operates the attachment or carries out the assignment. The term “ third party debtor” serves to distinguish it from the enforcement debtor or debtor who is the creditor with regard to the attached / assigned claim . In addition, the term third-party debtor is also used in the banking sector when assigning security or pledging receivables for the same case constellation.
Examples
- If a debtor's wages are attached, his employer, as the debtor of the wage payment, is a third party debtor in this sense.
- In the case of wage and salary assignment , the third party debtor is the employer of the borrower who has received a secured loan from a credit institution .
- If a GmbH has a claim against a shareholder for payment / increase of the share capital , a third party (creditor of the GmbH) can claim this claim with an attachment and transfer order or an attachment and collection order. Then the partner becomes a third party debtor. The obligee pursues his request with a third party lawsuit. The dispute must be announced to the GmbH.
The seizure of a claim is the delivery to the garnishee effective (§ § 828 et seq. ZPO ).
The third-party debtor has to inform the enforcement creditor within two weeks by means of the so-called third - party debtor's declaration (DSE) of the chances of success of the seizure ( Section 840 ZPO).
Individual evidence
- ↑ Carl Creifelds , Creifelds Legal Dictionary , 2000, p. 336
