Ask a lawyer on the topic of Other questions to lawyers

Release of movable property after unsuccessful enforcement of cash assets (submission of the EV)

June 29, 2010 | 25,00 EUR | answered by Steffan Schwerin

Hello,
we have delivered goods to a person who wanted to pay the invoice amount by direct debit. Despite several attempts, the direct debit failed. After several reminders, the reminder procedure was opened and we have now reached the enforcement order. Therefore, a seizure of assets and cash is not possible. However, since we have retention of title on the goods, we would now sue for the return of the delivered movable property from the enforcement order for payment XX. Now the question arises on which section of the ZPO a decision should be requested (is there a standard form for this, such as for a garnishment and transfer order to a third-party debtor, such as a bank?). The enforcement order would then be based on §883.
Furthermore, there is also the question of whether the debtor is committing a crime under §263 of the Criminal Code (fraud) and whether he no longer has possession of the item or knowingly does not disclose the name of the current owner. The suspicion of fraudulent misrepresentation is fundamentally present, as is self-evident.

Steffan Schwerin

Dear questioner,

I will answer the questions you have asked taking into account the facts you have described as well as your input as follows:

Yes, there are such forms. A garnishment and transfer order is possible according to § 829 ZPO.

You can also file a criminal complaint for fraud under § 263 of the Criminal Code.

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

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

Furthermore, I am also available for representation. If you decide to engage my services, the initial consultation fee will be credited in full.

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

Yours sincerely,

Steffan Schwerin
Lawyer

Law Office Steffan Schwerin
Golmsdorfer Straße 11
07749 Jena

Tel: 03641 801257
Fax: 032121128582

Email: raschwerin@raschwerin.de

Website: www.raschwerin.de