Debtor information

In order to successfully execute or garnish, it it is necessary to gather information on the debtor’s income and personal property.

[Image] How can you access information on the debtor’s bank? 
[Image] How can you access information on the debtor’s real estate holdings?  
[Image] How can you access information on the debtor’s other property?
[Image] How can you access information should the debtor refuse to provide this information?

 
How can you access information on the debtor’s bank?
You can gather information on the debtor’s bank account from the following sources: 
  • The company letterhead
  • Former bank transfers of the debtor
  • Inquiring at the debtor’s company or the bank

Note: It is possible to garnish an account without prior information on the actual account number

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How can you access information on the debtor’s real estate holdings?
You can gather information in the debtor’s real estate holdings from the following sources: 
  • A request at the land registry (department of local court)
  • An inquiry about a property ’s description in the land registry in case you only know the postal address
  • By checking the real estate register kept at some local courts or land registries.

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How can you access information on the debtor’s other property?
One can gather information on the debtor’s other property from the following sources:  

·         Finding out his or her employer: There are many detective agencies that specialise in finding out the debtor’s employer

·         Determining car ownership: The automobile registration office provides information on car owners if the license plate number is known. Note: this is only valid for claims "in connection with  participation in the road traffic“ and the driver is not necessarily the owner.

  • Prior investigation files: If the debtor is suspected of already committing an offence (e.g. fraud), it is usually possible for an attorney to check the investigation file at the corresponding district attorney’s office. The file may provide information about the debtor (e.g. the debtor’s place of residence or personal circumstances).

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How can you access information in case the debtor refuses to provide this information?
If the debtor is unwilling to provide information on income and property as part of garnishment of personal property, the debtor can be forced to provide information about income and property conditions through  an affirmation in lieu of oath (list of assets).

Conditions for the affirmation in lieu of oath: 

  • An enforcement order or other title must have been delivered to the debtor
  • A garnishment did not lead to a full settlements of the creditor’s claims, or 
  • The creditor can assert that the claim cannot be settled through garnishment, or
  • The debtor refuses a searching of the residence, or
  • The bailiff fails to find the debtor at his or her residence despite advance notice

If these preconditions are fulfilled, the creditor is able to apply for an affirmation in lieu of oath to find out about further assets. The (already delivered) title of execution, the clause of execution, documents for execution-costs that have occurred and documents on exemption from seizure must be enclosed. The application is normally combined with an application for garnishment of personal property, because the bailiff is responsible for this application.

All information is presented to the best of our knowledge. We assume no responsibility for its correctness.

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