The pledge Siegel (Germany) or the attachment mark (Austria), in both countries colloquially cuckoo called, in the context of enforcement by the bailiff in the seizure of things that are in the custody of the debtor , attached reside on this to the seizure publicly document ( (2 ) Code of Civil Procedure ).
The seal mark is usually attached to large or bulky items that the bailiff cannot take into custody. This involves marking by applying seals or in some other way ( (2) sentence 2 ZPO), in which the bailiff signs the pledge seal mark, affixes it with an official seal and affixes it to the objects that are specifically intended to be seized . There must be no doubt as to the identity of the seized items, because otherwise the seizure is ineffective.
The official pledge seal is sometimes used colloquially with rather derogatory terms, such as cuckoo : in Austria and in Germany this seal was mostly provided with the coat of arms eagle, which was then reinterpreted as a cuckoo out of mockery of the already inevitable administrative act of seizure . Although there is no longer an eagle printed on the deposit seal in Germany, the name cuckoo has been preserved there too. Sometimes the pledge seal is also called " bankruptcy vultures" (see bankruptcy ).
- Pledge seal. In: Heckmann law firm .
- Bernhard Schwarz, Armin Pahlke : AO / FGO . Practice comment. AO § 286 Enforcement in matters / 3: attachment by pledge seal or in another way. - § 286 Abs. 2 AO, Rn. 13-15 (online).
- Cf. on the requirements for the attachment Gruber in: Münchener Comment ZPO , 3rd edition 2007, § 808 ZPO, Rn. 34
- Becker in: Musielak, ZPO , 7th edition 2009, § 808 ZPO, Rn. 17f.
- Cf. Gruber in: Münchener Comment ZPO , 3rd edition 2007, § 808 ZPO, Rn. 34f.
- Why is the deposit seal called Cuckoo? In: Verwaltungsportal.de (PDF).