Third party declaration

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The garnishee declaration is in foreclosure right after delivery of an attachment order or garnishment available from third-party debtor at the request of the creditor deliver. The obligee thus has a right to information about the existence and value of the attached claim.

Legal basis

The submission of the third-party debtor declaration is regulated independently in § 840 ZPO and therefore exists in addition to other information claims (e.g. against the debtor according to § 836 Paragraph 3 ZPO). The administrative enforcement laws of the federal and state governments and the tax code are also based on the regulation contained in the ZPO .

Be effective

The obligation to provide information is justified with the effective service of the attachment order or the attachment order if the obligee expressly requests the submission of the third-party debtor declaration. The existence of the attached claim is not required. The obligation to provide information does not end with the transfer of the attached claim.

content

The third party debtor must declare

  • whether and to what extent he recognizes the claim as justified and is willing to make payment ;
  • whether and which claims other legal entities assert against the claim;
  • whether and because of which claims the claim has already been attached for other creditors ;
  • whether within the last twelve months with respect to the current account , the credit balance has been attached, an attachment according to § 833a canceled para 2 or ZPO. unseizability the credit balance has been placed;
  • whether the account whose assets have been seized is a seizure protection account within the meaning of Section 850k (7) ZPO.

Further details or the submission of documents are not required. The creditor should only be able to see to what extent his attachment has a chance of success.

Deadline

The deadline for submitting the third-party debtor's declaration is two weeks from the delivery of the attachment order or the attachment order to the third-party debtor.

Consequences of not giving up

If the third party debtor fails to comply with his obligation to provide information, is incomplete or too late, or if he makes a false declaration, he is liable to the obligee for the resulting damage. However, the right to submit the third party debtor's declaration cannot be sued.

In addition to legal action, some administrative enforcement laws of the federal states provide for a penalty payment procedure to force the submission of a third-party debtor declaration. The penalty payment procedure can be carried out before the legal action or instead of the legal action.

civil right

In the banking sector is in credit guarantees these third-party debtor declaration of protection buyers as banks in the garnishee under the open assignment or pledging used. Here, too, the purpose is to provide the collateral taker with information about the existence, value and any hierarchy to other creditors.