Pfändungen

Pfändungen, also known as garnishments or levies in English, are legal procedures in German law used by creditors to enforce the payment of debts. When a debtor fails to meet their financial obligations, a creditor can initiate a Pfändung to seize the debtor's assets or income. This process requires a court order, typically obtained through a Mahnbescheid (order for payment) followed by an Vollstreckungsbescheid (enforcement order) if the debt remains unpaid.

There are several types of Pfändungen. A Gehaltspfändung (wage garnishment) allows a creditor to claim a portion of the debtor's salary directly from their employer. A Kontenpfändung (bank account garnishment) freezes the debtor's bank account, preventing them from accessing the funds held within, up to the amount of the debt. Other assets that can be subject to Pfändung include property, vehicles, and other movable possessions.

Certain assets are protected from Pfändung. For example, there are legally defined unpfändbar (non-attachable) amounts of salary and social benefits to ensure a basic standard of living for the debtor. Debtor protection laws aim to balance the creditor's right to be repaid with the debtor's need for essential resources.

If a debtor faces multiple Pfändungen, the order in which creditors initiate the process determines their priority. The process is overseen by a Gerichtsvollzieher (bailiff) or a court-appointed administrator, who is responsible for executing the Pfändung and distributing any seized assets or funds. Debtors have the right to object to a Pfändung if they believe it is unlawful or incorrect.