Attachment and assignment order

Last Update:
Related Topics:
  1. Attachment and assignment order
  2. Inability to pay
  3. Risk managament
  4. Inkassovollmacht
  5. Cedent
  6. Cash flow
  7. Third-party debtor
  8. Legal aid in civil proceedings
  9. Statement of defence
  10. Third-party debtor declaration
  11. OPOS
  12. Injunction
  13. Claim amount
  14. Assignment
  15. Direct debit return
  16. Payment extension
  17. Insolvency administrator
  18. Retention of title
  19. Trustee
  20. Consumer insolvency
  21. Standard insolvency
  22. Foreclosure
  23. Payment term
  24. Payment plan
  25. B2C
  26. B2B
  27. Base interest rate
  28. Credit Score
  29. Liquidity
  30. Affidavit
  31. Credit insurance
  32. Factoring
  33. Objection
  34. Foreclosure
  35. Default of payment
  36. SCHUFA
  37. Enforcement Officer
  38. Opposition
  39. Dunning notice
  40. Statute of limitations
  41. Receivable
  42. Enforceable title
  43. Debtor
  44. Creditor
Table of contents:
  1. What is an attachment and assignment order?
  2. Who is involved in the attachment and assignment order?
  3. When is an attachment and assignment order used?
  4. What can be attached with a PfÜB?
  5. How is a PfÜB structured?
  6. How does a PfÜB work?
  7. What distinguishes the PfÜB from the third-party debtor declaration?

What is an attachment and assignment order?

An attachment and assignment order (German abbreviation: PfÜB) is an official document from the enforcement proceedings. Its purpose is to collect outstanding monetary debts. The PfÜB is always issued by an enforcement court.

The PfÜB consists of two closely related parts:

  • Attachment part: A claim of the debtor against a third party is seized.

  • Assignment part: The attached claim is awarded to the creditor. The entity that owes the debtor the money (the third-party debtor) must pay it directly to the creditor.

The PfÜB is the central legal tool for the forced assignment of claims.

Who is involved in the attachment and assignment order?

An attachment and assignment order always involves three main parties: the creditor, the debtor, and the third-party debtor.

Who issues a PfÜB?

An attachment and assignment order is issued by the enforcement court. The enforcement court is a special division of the Local Court (Amtsgericht) at the debtor's place of residence or business.

The court's task is to check the formal requirements. This includes the existence of a valid enforceable title. Only the court can issue the PfÜB and thus officially order the attachment.

Who can apply for a PfÜB?

Only the creditor can apply for an attachment and assignment order. The creditor is the person or company demanding money from the debtor.

To apply for the PfÜB, the creditor must possess an enforceable title. Without this title, no enforcement proceedingsare possible. The application is submitted in writing to the competent enforcement court.

When is an attachment and assignment order used?

The attachment and assignment order is used when a debtor does not voluntarily settle a monetary debt. It is a means of enforcement proceedings to enforce outstanding claims.

When is a PfÜB issued?

An attachment and assignment order is issued when the following conditions are met:

  • The creditor has submitted the application to the enforcement court.

  • There is a valid enforceable title (e.g., judgment, enforcement notice).

  • This title has already been served on the debtor.

  • The title is furnished with an official enforcement clause.

If all these points are met, the court issues the PfÜB. This step marks the beginning of the claim attachment.

What can be attached with a PfÜB?

An attachment and assignment order can exclusively be used to attach monetary claims and certain other property rights that the debtor has against third parties. This is referred to as claim attachment.

Important: Physical assets, such as furniture or vehicles, cannot be attached via a PfÜB. The bailiff (Gerichtsvollzieher) is responsible for this.

Which types of claims can be affected?

In principle, most monetary claims the debtor has against other individuals or companies can be attached. The most common types are:

  • Wages and salary: Claims against the employer (wage attachment). Strict attachment exemption limits apply here.

  • Bank balances: Claims against the credit institution (bank) (account attachment).

  • Rental deposits, insurance claims, and social benefits (insofar as they are attachable).

Please note: Part of the income or the balance is legally unattachable. This is intended to secure the debtor's minimum subsistence level.

How is a PfÜB structured?

An attachment and assignment order must be clearly and standardly structured. It is an official form that legally specifies all details regarding the attachment and assignment of the claim.

What information does a PfÜB contain?

The PfÜB must mandatorily contain the following information:

  1. The parties involved: Creditor, debtor, third-party debtor.

  2. The ground for enforcement: Precise designation of the enforceable title.

  3. The sum: The exact amount of the total attached amount (principal claim, interest, costs).

  4. The order of attachment: The formal declaration of the court that the claim is attached.

  5. The order of assignment: The instruction that the third-party debtor must pay the money directly to the creditor.

  6. Court details: Information about the issuing enforcement court and the file reference number.

How does the structure differ depending on the type of attachment?

The official structure of the attachment and assignment order is always identical. The differences lie in the specific description of the claim:

  • Account attachment: The attached claim is described as a balance claim against the named credit institution(bank).

  • Wage attachment: The attached claim is described as a wage and salary claim against the employer. Additional forms are necessary here for the exact calculation of the attachment exemption amounts.

The basic structure of the PfÜB remains the same in both cases.

How does a PfÜB work?

The attachment and assignment order is a formalized procedure that ensures the money travels from the third-party debtor to the creditor.

How does a PfÜB become effective?

The effectiveness of the attachment and assignment order takes effect the moment the document is officially served on the third-party debtor.

  • Service on the third-party debtor: This is the decisive moment. The attachment is executed upon service.

  • Consequence for the third-party debtor: They are no longer allowed to pay the attached amounts to the debtor. They must withhold them for the creditor or remit them to the creditor.

  • Consequence for the debtor: With the service on the third-party debtor, the debtor loses the authority to dispose of the attached claim.

Service on the debtor itself usually follows shortly thereafter.

How long is a PfÜB valid?

An attachment and assignment order is valid until the debts are fully settled. This means:

  • The PfÜB remains active until the creditor has received all of their claims (principal claim, interest, costs).

  • In the case of wage attachment, the PfÜB also covers all future, attachable wage payments (continuing effect).

As soon as the creditor confirms the full payment, the PfÜB loses its effect.

Where does a PfÜB take effect?

The attachment and assignment order takes effect directly with the third-party debtor. It is the central point of the enforcement proceedings.

  • In the case of wage attachment, the PfÜB takes effect in the payroll department of the employer.

  • In the case of account attachment, it takes effect in the payments department of the credit institution.

The court order is directed immediately at the third-party debtor.

What distinguishes the PfÜB from the third-party debtor declaration?

These documents belong to the same enforcement proceedings but have different functions. The attachment and assignment order (PfÜB) is the order from the court to attach a claim.

The third-party debtor declaration is the response of the third-party debtor (e.g., the bank or the employer) to the creditor.

  • In this declaration, the third-party debtor must state whether they acknowledge the debtor's claim and whether any other attachments already exist.

  • The third-party debtor declaration is therefore the information the creditor needs to know how successful the attachment is.