Submission of Affidavit
July 2, 2010 | 25,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Hello,
I have agreed to a payment plan of 150 EUR with a company represented by a law firm (total amount 1,200 EUR). My income was 680 EUR net. I then became pregnant and wanted to arrange a payment plan of 50 EUR per month with the company. This was rejected without explanation, just saying "that's not possible". Since I can't afford to pay 150 EUR anymore (I am currently on maternity leave and starting parental leave in 4 weeks), I have just been paying 50 EUR. The first thing that happened was a bank account garnishment, but I was able to obtain protection for my account. Now, a bailiff has shown up at my door demanding that I provide a sworn statement at a meeting in August. I don't understand why. Do I really have to do this? I am still paying 50 EUR per month. How can I prevent having to provide a sworn statement?
Thank you for your response.
T.H.
Dear inquirer,
Thank you for your inquiry.
I would like to address your questions as follows:
It may not be logically understandable why the other party is behaving this way. However, I must inform you that there is a violation on their part of the installment payment agreement, allowing the other party (assuming the existence of an enforcement title, such as an enforcement order or a court judgment) to enforce the payment due to the breach of the installment payment agreement against you.
It is evident that nothing can be seized from you, as you are below the seizure exemption limit of €930 according to Paragraph 850 c ZPO.
In such cases, it is common practice for a bailiff to be instructed to take the statutory declaration. You must disclose any assets that could potentially be enforced.
Unfortunately, you cannot unilaterally prevent the statutory declaration. This can only be done if you prove to the creditor and the bailiff that you have acted in accordance with the contract.
It would be ideal if you could settle the entire outstanding amount.
I hope I have answered your questions satisfactorily and wish you a pleasant Friday afternoon!
If you have any further questions, please feel free to ask.
Kind regards from the North Sea coast
Dipl.-Jur. Danjel-Philippe Newerla, Attorney
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax: 0471/57774
