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A Garnishee Order (Pfändungs- und Überweisungsbeschluss) is a legal command that lets creditors collect money owed to them directly from a third party who holds the debtor's assets. In Germany, courts issue these orders most commonly to access a debtor's wages from their employer or funds from their bank account.

The order creates a powerful tool under German civil procedure law, forcing the garnishee (like an employer or bank) to pay the creditor instead of the debtor. Once served, the garnishee must comply or face legal penalties. This system helps creditors recover debts while protecting certain portions of income that debtors need for basic living expenses under German social security laws.

Consider pursuing a Garnishee Order when traditional debt collection methods have failed and you know where the debtor's assets or income are located. This legal tool proves especially valuable when dealing with stubborn debtors who have stable employment or regular bank deposits in Germany but refuse to pay their obligations.

The timing matters - file for a Garnishee Order once you have a final court judgment or enforceable title against the debtor. It works particularly well for recovering business debts, unpaid rent, or personal loans. Just ensure the debt amount exceeds the court fees and that the debtor's income isn't already fully garnished by other creditors.

• Wage Garnishment Order (Lohnpfändung): Targets an employee's salary, requiring employers to redirect a portion of wages to the creditor
• Bank Account Garnishment (Kontopfändung): Freezes and redirects funds from the debtor's bank accounts
• Social Security Garnishment (Sozialleistungspfändung): Applies to government benefits, following strict protection limits
• Business Income Garnishment (Geschäftseinkommenpfändung): Targets income from self-employment or business operations
• Rental Income Garnishment (Mieteinnahmenpfändung): Redirects rental payments from tenants to creditors when landlords have unpaid debts

• Creditors: Banks, businesses, or individuals who have court-approved claims apply for these orders to collect debts
• Courts: German civil courts review applications and issue the orders, ensuring legal compliance
• Garnishees: Employers, banks, or other third parties who must redirect payments to creditors once served
• Debtors: Individuals or businesses whose assets are targeted, with rights to protect certain income portions
• Bailiffs: Official enforcement officers who serve the orders and ensure proper execution
• Legal Representatives: Lawyers who assist creditors in obtaining and enforcing Garnishee Orders

• Court Judgment: Obtain a final, enforceable court decision or title against the debtor first
• Debtor Details: Gather accurate information about the debtor's employer, bank, or other income sources
• Debt Documentation: Compile precise records of the outstanding amount, including interest calculations
• Asset Verification: Research which assets or income streams can be legally garnished under German law
• Protection Limits: Calculate garnishment amounts while respecting mandatory income protection thresholds
• Court Forms: Complete the standardized German court forms for garnishment applications accurately
• Service Details: Prepare correct contact information for all parties who must receive the order

• Court Information: Full details of the issuing court and case reference number
• Creditor Details: Complete legal name, address, and bank account for receiving payments
• Debtor Identification: Full legal name, address, and personal/business identification numbers
• Garnishee Information: Legal name and address of the third party holding debtor's assets
• Debt Specifications: Exact amount owed, including principal, interest, and costs
• Payment Instructions: Clear directives for transfer amounts and timing
• Protected Amount Declaration: Statement of statutory exemptions under German social security law
• Legal Authority: Reference to relevant sections of German civil procedure code

A Garnishee Order differs significantly from a Restraining Order (Einstweilige Verfügung), though both are court-issued protective measures in Germany. While Garnishee Orders focus specifically on debt collection by redirecting payments from third parties, Restraining Orders serve a broader protective function in preventing harmful actions.

• Purpose and Scope: Garnishee Orders target specific financial assets or income streams for debt collection, while Restraining Orders prevent specific behaviors or actions
• Duration: Garnishee Orders remain active until the debt is satisfied; Restraining Orders often have specific time limits
• Implementation: Garnishee Orders require active participation from third parties (employers, banks); Restraining Orders directly restrict the subject's actions
• Legal Prerequisites: Garnishee Orders need a final judgment or enforceable title; Restraining Orders can be issued based on immediate threat or risk