pfändbaren

Pfändbaren is a term used in German enforcement law to describe assets that can be seized in order to satisfy a debt after a court has ordered enforcement. The adjective pfändbar refers to things that a creditor may claim from a debtor, subject to statutory limits and protections. The designation pfändbar outlines the portion of a debtor’s wealth that is potentially available for seizure in a Zwangsvollstreckungsverfahren (enforcement proceedings).

In practice, pfändbare Vermögenswerte include earnings (Lohn- oder Gehaltseinkommen) that can be garnished, balances on bank accounts (Kontopfändung) up to statutory exemptions, and other receivables or movable assets that are not protected by exemptions. Real estate can also be involved in enforcement, typically through procedures like Zwangsversteigerung, while certain rights to future payments or deposits may be subject to seizure under related rules. The exact scope of pfändbare assets depends on court orders and applicable law, and certain items are explicitly protected and therefore unpfändbar.

The enforcement process typically begins with a creditor obtaining a Pfändungs- und Überweisungsbeschluss (POB) from the court. The POB is served on the debtor’s employer or bank, which must transfer the amount that exceeds the permissible Pfändungsfreibeträge to the creditor. Debtors have rights to object or to seek adjustments, and they may use protective mechanisms such as a Pfändungsschutzkonto (P-Konto) to ensure a minimum monthly amount remains available to meet living expenses.

Exemption rules, known as Pfändungsfreibeträge, limit how much of the debtor’s income or assets can be seized. These limits depend on factors such as family status and income. Overall, pfändbaren assets are a defined subset of a debtor’s property that may be used to satisfy a judgment, within statutory protections designed to preserve basic needs.