Relieved seizing protection for social security benefit receivers

(openPR) - persons, who social security benefits received as well as and/or low income earners are and live at the subsistence level such, which can draw a deep breath briefly before a consumer insolvency procedure, after a decision of the BGH (Federal High Court) somewhat. At these person's groups it occurred again and again that the creditors the seizing free borders §§ of the 850 C FF. ZPO for earned incomes thereby go around that the respective current accounts were seized with the banks, on which the slight salary or the social support is paid, were seized. The Federal High Court expanded now the seizing protection for such evasion actions.

In its resolution from 20 December 2006 - VII E.G. 56/06 waived the Federal High Court a seizing measure on the current account and adapted the seizing protection the legal regulations § 850 k ZPO. Therein the possibility is opened of releasing upon the request of the debtor with effect for the entire duration of seizing the amount to the extent of the seizing free borders, transferred in each case by the recurring payments to the account, by decision of the court. The legal regulation § 850 k ZPO by the BGH now to the payment of recurring social security benefits was applied accordingly.

If social security benefits are carried out on a bank account, the cash on account resulting from the transfer is unseizable in accordance with § 55 exp. 1 SGB I for the duration of seven days since the credit note. If the debtor up to the expiration of the 7 days used up the assets not completely, the remaining amount can be seized. The debtor cannot have no more the further credit note. This applies also if the social security benefit altogether below the seizing free borders §§ of the 850 C FF. ZPO for earned incomes lies.

After the past regulations was to be proceeded the debtor forced each month on the new with a plea against seizing. And costs the debtor also very much time causes costs. Furthermore it was strongly reduced in its cashless money transfer. Thus the BGH eased now the situation of the seized debtor somewhat.


Tobias new Meier, attorney,

Association for existence safety device registered association.
Hermann Löns STR. 14
85757 Karl field
Telephone: 08131-93298
Fax: 08131-996536
Internet: www.vfe.de
E-Mail: info@vfe.de

Association for existence safety device registered association.
For over 20 years the VfE registered association is particularly active in the area of fraudulent tax savings models. In the past 25 years consumers were sold real estates far too expensive by pusher columns as tax savings model. Today the consumers sit on worthless real estates and are highly indebted. Even with the sales of the real estate they remain sitting on a debt mountain. This calls Johann Tillich one „legal fraud “. “The point is that the customer is deceived over the actual value of the dwelling. One speaks of a total price, without describing the customers that the fees constitute partially over 1/3 of the sum total, to which material real estate prices is and explains thus the far under selling price”, Tillich. Wants or if the buyer must sell the object after some years, then he remains usually sitting on a high debt mountain. Ever more humans grope into the set up traps. “The banks, those carry partial responsibility the financing of the tax savings package safe.” They can be often paid fees to the “Wertberprüfung of the real estate “, do not consider it however not necessary to make the customers attentive the characteristics of the “tax savings model”. “The worst is that renowned banks take part in “the legal fraud”. They assigned loans, those the value of the dwelling around the double exceed.” The association for existence safety device does not want to wait however at all, until the swindle happened to carry out but tried in the apron clearing-up work. Lectures and clearing-up campaigns belong to the association work likewise, like assistance with the examination of any financing offers. Johann Tillich summarizes: “Who member is, keeps in the association for existence safety device individual support, if it has economic problems. Together with qualified attorneys and the readiness of the member to participate in a total conception actively we find a realizable solution for nearly each affair.”

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