Bag seizure
A bag seizure is the physical search of the debtor as part of foreclosure , i.e. the search of the clothes worn by the debtor at the time of the search .
The seizure of the bags is effected by the bailiff , whereby the state bailiff's business instructions (GVGA) permit a search of the debtor's clothes and bags by the bailiff (e.g. Section 61 (10) GVGA NRW). A woman is required to search the body of debtors and a man is required to search men. If necessary, an assistant must therefore be called in. The purpose of the search is the attachment of valuables, especially cash in wallets . Here the bailiff has to consider the non-attachability .
To this extent, the debtor's clothes and bags are considered containers within the meaning of Section 758 (2) of the Code of Civil Procedure . A search order by the judge is only required if the bailiff has to break into an apartment in search of the debtor. Article 1, Paragraph 1 of the Basic Law and proportionality , however, dictate that clothing worn on the debtor's body should only be searched if the bailiff considers it to be promising.
Individual evidence
- ^ Richard Zöller / Kurt Stöber, Code of Civil Procedure: Commentary , 29th edition, Verlag Dr. Otto Schmidt, Cologne 2012, § 758a Rn. 5, § 808 Rn. 5
