Attachment protection

For social reasons and in order to ensure that the debtor owing to enforced attachment does not become dependent on public funds for his living, attachments are subject to various restrictions.

In the case of repossession, for instance, there are numerous items to which the creditor has no access. Of particular importance are:

• Items for personal use by the debtor or his household in as far as they are required for an appropriate and modest existence or household. On account of ever increasing technology this includes virtually all radio and TV equipment used for obtaining information. Only items which the debtor exclusively owns for entertainment purposes, such as camcorders and VCRs, can be attached.
• Items which the debtor requires to earn a living. Legislation, however, only protects services that are provided personally. If, on the other hand, the debtor is making a profit using non-personal services or equipment, the attachment protection does not apply.
• In the case of claim attachments, personal income from employment enjoys particular protection. As a result, depending on the number of persons supported by the debtor, there are various attachment free limits. In the case of single debtors 930,- EUR monthly cannot be attached. This amount is increased by 350,00 EUR for the first supported person and for the second to the fifth person by195,00 EUR respectively (as of 2002). The non-attachable amounts change on the 1st of July every second year. The applicable amounts are published in the Federal Law Publications.