Ask a lawyer on the topic of Other questions to lawyers

Garnishment of an acquaintance's account

October 21, 2009 | 20,00 EUR | answered by Steffan Schwerin

Good day,

I have a good acquaintance who has an eBay account, and I asked her to sell my laptop for me. I received 585 euros for it, and the money was naturally transferred to her account since it was her account. Now the problem is that she has received a garnishment notice for 1024 euros three days ago.

Can I get my money back as I want it, and if so, how? And what consequences will I face? I want to be kept out of this and avoid any problems, but it is my money. Can the collection agency keep my money, and how can I prove it? What will the court or the collection agency ask from me, or can my acquaintance handle it alone without involving me?

Best regards,
D.Schulte

Steffan Schwerin

Dear questioner,

I will answer the questions you have asked, taking into account the situation described and your input as follows:

Here, it is possible to object to the seizure. Formally, an application for the lifting of the seizure (seizure protection application) must be submitted.

However, it must be proven that your acquaintance actually sold your laptop in your name and therefore has no claim to the money.

Otherwise, the creditors who initiated the seizure are not interested in where the money comes from.

It is not possible to differentiate between which money belongs to you and which belongs to the acquaintance in the account. In any case, you cannot recover your money from the collection agency.

Rather, the acquaintance owes you the money. Therefore, she must apply for the lifting of the seizure and prove that it is your money.

In this case, you should collaborate since certain evidence needs to be provided. However, you are not involved in the seizure and therefore have nothing to fear.

I would like to point out that this platform cannot replace a detailed and personal legal consultation. The sole aim is to provide an initial rough assessment of your described legal issue based on the information you have provided to a lawyer. The legal advice I have given is based solely on the information you have provided. By adding or omitting relevant information in your description, a completely different legal assessment may result.

I hope I have given you an initial overview and that my explanations are helpful. You are welcome to contact me through the follow-up option on this platform.

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A greater distance between lawyer and client is generally not a problem. With the help of modern communication tools such as email, mail, fax, and phone, legal representation is also possible.

Best regards,

Steffan Schwerin
Lawyer

Law Office Steffan Schwerin
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