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In the event of unpaid invoices, reminders will be sent to the consumer concerned. If the outstanding amount is not paid, there is a risk of the account being attached. However, it happens that the attachment of the account for the consumer concerned happens unexpectedly. We provide information about the process of an account attachment so that you can assess the validity of an account attachment and act accordingly.
What has to happen for an account to be attached?
- A seizure of an account in the form of foreclosure by a court- enforced attachment order is only possible if the creditor can present an enforceable title against the debtor. This means that the obligee has to obtain a legal order for payment in the form of a deed. In terms of content, information about the debtor, creditor, type and amount of the outstanding claim must be given.
- The enforcement order must be served on the debtor.
- An application for attachment of an account must be submitted to the enforcement court. This is done by the creditor himself or by a commissioned debt collection company. The court then issues an attachment order.
- The decision to attach the account must be served on the bank of the person concerned.
What are the exceptions?
Basically, the steps mentioned above must be taken so that an account attachment can come into effect. There are exceptions, however. Creditors whose claims are under public law (e.g. tax office, health insurance company) can secure an account attachment more quickly. Although an enforceable title must also be present here, the claims in the event of a default in payment themselves constitute an enforceable title. The so-called attachment and confiscation order can be served directly to the debtor.
What should I do if I am threatened with attachment?
Basically, every consumer who could be threatened with an account seizure is urgently recommended to have his account converted into a seizure protection account. This precautionary measure is free of charge and guarantees the affected consumer a monthly statutory allowance in an emergency, which can be individually adapted to the living conditions. Without the P-account protection, the entire assets of the person concerned can be confiscated in the event of a seizure. As long as the account is not affected by a garnishment, nothing changes for the consumer. P-account protection only takes effect in the event of a seizure.
You can find more information on the subject of account attachment here: How does an account attachment work?
Do you want to be on the safe side?
Then open a P-account online here in a few minutes without a bank appointment.