gepfändet

Gepfändet is a term used in German civil procedure to describe assets or income that have been legally seized by a creditor under the process of Pfändung, which is part of the Zwangsvollstreckung (enforcement) procedure. A creditor typically obtains an enforcement title (Vollstreckungstitel) from a court and uses it to request the seizure of the debtor’s property or income.

There are several forms of Pfändung. Lohnpfändung involves the withholding of a portion of wages by the debtor’s employer. Kontopfändung targets funds on a bank account and is executed by instructing the bank to transfer the seized amount to the creditor. Sachpfändung concerns the seizure of movable goods or valuables, which may be taken into custody and, if necessary, sold at auction to satisfy the claim. Real estate is generally not seized through ordinary Pfändung but may be subject to a later Zwangsversteigerung (forced sale) if appropriate.

What can be pfändet depends on the type of enforcement, but typically includes money, bank balances, and certain movable assets. There are legal limits designed to protect the debtor’s basic living needs, known as Pfändungsschutz. The debtor’s income and assets may be partly protected by exemptions and, in the case of bank accounts, through a Pfändungsschutzkonto (P-Konto) that preserves a minimum amount for daily expenses.

The result of a Pfändung is that the seized assets or funds become available to the creditor to satisfy the court-approved claim. The procedure is overseen by enforcement officers (Gerichtsvollzieher) and governed by the ZPO and related statutes. Ge pfändet therefore denotes the status of assets after they have been legally taken from the debtor under these procedures.