Pre-judgment Attachment (preliminary payment prohibition)

Prior to the attachment the creditor, based on an enforceable title, can have the bailiff serve a notification on the third-party debtor and the debtor informing them of the pending attachment and at the same time requesting the third-party debtor to no longer pay the debtor.

As a result the creditor can secure a right although he does not yet have physical possession of the enforcement title. The presence of an actual enforceable title or an enforcement clause is not required.

The creditor, however, can only retain his ranking as a result of the pre-judgment attachment if he attaches the claim within a month by means of an attachment order.

Debt Collecting Glossary

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