As a creditor, would you like to pursue a foreclosure?
Or are you as a debtor affected by a foreclosure?

Foreclosure measures are carried out if an enforceable title in favour of a creditor has previously been obtained and the debtor does not meet his debt. As a rule, execution is carried out in accordance with certain procedures. An application for enforcement can be made to the competent foreclosure court. The bailiff usually carries out the enforcement afterwards. In addition to the bailiff, state enforcement bodies also include the land registry and the trial or foreclosure court.n.

Measures of enforcement include:

• Account seizure
• Seizure of real estate (e.g. the forced mortgage and forced sale)
• Seizure of property rights (e.g. life insurance, pension claims)
• Exchange seizure
• Wage confiscation
• Seizure of debtor’s purse
• Seizure of property
• Asset information (formerly: affidavit)

Although enforcement follows certain procedures, it is nevertheless subject to a large number of formalities, applications and declarations. For the enforcement of the claim, qualified support by a lawyer for Foreclosure Law is just as important as for the correct reaction on the debtor side.

There are certain basic principles to be observed in the context of an execution in each case

If, for example, wages are garnished, the calculation of the garnishment-free income is involved. This is calculated using the garnishment tables that the employer must take into account. The purpose is that the respective debtor is left with the minimum subsistence level necessary for living.

However, this is where the difficulties begin, since the garnishment-exempt income is not only calculated using the garnishment tables but is also determined by the garnishment-exempt income. For example, the Sunday and public holiday bonuses and bonuses for night work. If the debtor does not receive income from employment but income from renting and leasing or pension income, these are equally subject to the garnishment protection, so that the garnishment-exempt income must also be determined here. If the debtor is frail due to age and has to bear increased expenses for medicine, remedies, treatments, etc., these can also increase the income exempt from seizure, but in this case, it is necessary that a corresponding application is made to the enforcement court. The calculation of the garnishment-exempt income according to the garnishment table primarily concerns the employer, who in case of doubt, however, strictly adheres to the garnishment table. If a higher garnishment-exempt income is to be obtained, an application to the enforcement court may be necessary.

A distinction must also be made between the income exempt from garnishment according to the garnishment table and the so-called P-account, which is kept by the banks. The banks also have to take the garnishment-exempt income into account in the context of an account garnishment. However, the calculation of the garnishment-exempt income on a P account does not conform to the garnishment tables. Personal circumstances are not taken into account, with the exception of children. In particular, income from voluntary work is not taken into account. Nor does a P-account take into account that the garnishment-exempt income increases with increasing income. This means that all income is treated equally within the framework of a P-account.

Lawyer for Foreclosure Law: We represent your legal interests!

On the basis of our focus in Insolvency Law, we have been advising our clients for more than 30 years, in particular in cases of consumer insolvency and the associated assignment of wages of the garnishment-free income. Outside of consumer insolvency, we also advise our clients in cases of pending wage garnishment or the opening of a P-account.