Debt Claim

If the creditor has an enforceable title with regard to the debtor he may also attach claims to which the debtor is entitled (e.g. bank balances, wages, life insurance balances, outstanding payments for services rendered, rental income etc.).

For that purpose the creditor i.e. his representative must apply to the competent court asking for an attachment and transfer order. By means of the attachment and transfer order the claim is attached after which it is being transferred to the creditor. Once the court has issued the attachment and transfer order, the bailiff will be tasked to serve the order. Serving the order to the 3rd party debtor makes the attachment and transfer order effective.

The 3rd party debtor now has two weeks to state whether or nor the claim is justified and whether or not he is willing to pay. This statement is called an acknowledgement of debt by 3rd party debtor.

A debt claim requires expediency because the date and time on which the attachment and transfer order is served to the 3rd party debt is decisive when sharing any available balances i.e. the claims are dealt with by the 3rd party debtor on a first come, first served basis.