Pre-attachment
The pre-seizure allows gem. § 811d ZPO exceptionally the seizure of property that can not be seized . A second exception is the exchange attachment .
In the case of pre- seizure, a bailiff or enforcement officer seizes an item that cannot be seized at the time this seizure is carried out, but will soon be seizeable. As long as the thing cannot be attached, it remains with the debtor and must not be taken away from him. Naturally, the seized item may only be auctioned if it is no longer non-seizable.
If the seizure does not occur within one year after the advance seizure, the seizure must be lifted.
Example of an advance seizure: a self-employed craftsman still needs his hand tools at the time of the seizure. But it is known that he will give up his job. At the time of giving up the job, seizure occurs.
Conversely, the enforcement officer is not entitled to refrain from attachment because the thing to be attached is likely to become unattainable soon.
Individual evidence
- ↑ Patrick Brock: Non-attachability of movable property (II) DGVZ 1997, pp. 65, 67
- ↑ cf. Ministry of Finance and Ministry of the Interior of the State of Brandenburg: Notes for the enforcement officers at the coffers of the districts, independent cities, offices, municipalities and special-purpose associations dated 6 August 1999 (OJ / 99, [No. 46], p. 1137 ), No. 35.2 Advance Attachment
