Certificate of non-attachment

A Unpfändbarkeitsbescheinigung is the certificate of a bailiff to the enforcement operated creditors , that enforcement at the debtor is unsuccessful.

This certificate is to be issued in accordance with Section 32 (1) Business Instructions for Bailiffs (GVGA NRW) if the bailiff has reasonable grounds to believe that the envisaged foreclosure will be unsuccessful. If the bailiff has been commissioned with a seizure ( Section 803 ZPO ) and he has reasonable grounds to believe that the foreclosure will be unsuccessful, he will immediately return the debt instrument to the obligee with a corresponding certificate if the obligee has not issued further instructions at the same time. In doing so, he informs the obligee in accordance with Section 32 (1) GVGA NRW that he considers the order to be withdrawn in order to avoid unnecessary costs.

The expectation that the enforcement will be unsuccessful can in particular be justified if an attempt at attachment against the debtor has been unsuccessful in the last three months or the debtor has submitted the financial report in the last three months and there are no indications that he possesses attachable objects ( non- attachability ). If the bailiff was also instructed to deliver the debt on the debtor, then he carries out this order.