Motion for distraint

A creditor wanting to secure assets has to apply to the judge responsible for a motion for distraint.

Since the creditor is rarely able to prove his observations or suspicions, it is sufficient to substantiate the prerequisites of a distraint order (cp. paragraph 2). It is imperative, that the creditor precisely specifies the object to be seized.

The creditor’s motion may be refuted if it lacks proper specificatoin of the object to be seized. Motions demanding of the executing authorities to search for assets of the debtor in specific places are inadmissible.


It is not sufficient to state that the debtor owns a bank account at X-bank; exact banking details are needed, in this case the number of the bank account.

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