pfändbar

Pfändbar is a legal term used in German-speaking civil procedure to describe property and rights that can be seized in enforcement proceedings to satisfy a debtor’s obligation. When an asset is pfändbar, a creditor may obtain a court order authorizing attachment (Pfändung) and have a bailiff (Gerichtsvollzieher) seize or transfer the asset to satisfy the debt, subject to applicable exemptions. The concept covers a wide range of assets, including movable property (furniture, vehicles), bank balances, and monetary claims owed to the debtor by third parties, as well as portions of income such as wages through wage garnishment.

However, not all assets are pfändbar. Law provides exemptions (Pfändungsschutz) to protect essential living costs and basic sustenance. In wage garnishment, the legally defined limits are set in the Pfändungstabelle, and a debtor may be entitled to a portion of income that remains protected. A special form of protection, the Pfändungsschutzkonto (P-Konto), ensures a protected monthly amount remains available for essential expenses.

Legal framework: In Germany, the rules are primarily in the Zivilprozessordnung (ZPO) and related enactments governing attachment and enforcement. Enforcement proceeds only after a court order; the debtor can challenge or negotiate the scope of seizure within the statutory framework.

In practice, “pfändbar” distinguishes assets that can be lawfully seized from those protected or exempt, reflecting a balance between creditors’ rights and debtors’ basic needs. The specifics vary by jurisdiction; the term is used in Germany and Austria, and to some extent in other German-speaking regions.