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If the person that owes you money, the debtor, is unable to pay, we may carry out an attachment. This means that we decide to seize some of the debtor’s assets and sell them in order to pay the debt.
Attachments are made in a particular order, where we always try to attach whatever will cause least detriment to the debtor. Some of the debtor’s property may not be attached because the debtor needs it for his/her subsistence.
An attachment begins with an investigation by us of the debtor’s assets. In this connection we may ask various government agencies, companies or persons for information. We may also visit the debtor’s home for the purpose of examining whether there are any assets that can be attached.
If there are assets, we or an agent engaged by us will sell the assets we have attached. If the attachment is of the debtor’s salary, his/her employer will pay the money to us and it will then be used to pay the debt.
In order for an attachment to be possible, the following conditions have to be met:
Under normal circumstances we attach property in the following order:
We go to some lengths to avoid attaching your home, but in some cases it is the only way of getting the debt paid, even if it is small. One precondition for attaching your home is that the sale of it generates a surplus after all the costs of the sale have been paid, and another is that the measure of attachment is proportional. Proportionality is about assessing whether the benefit of the measure is greater than its consequences for the affected party.
There are some things we are not allowed to attach. In some cases this is because the debtor or his/her family need those things for their subsistence. Such property is protected under a right known as beneficium competentiae.
We may attach money, bank balances and claims unless it is apparent that they are needed for food, rent, clothes and other necessary expenses over the coming month. Expenses for travel and specialised care may also be included. Usually the following types of property are considered protected by beneficium:
If the first attempt to sell fails we usually make a second attempt. If we are still unable to sell it we cancel the attachment and return the property to the debtor.
If the investigation shows that the debtor does not have enough attachable assets to cover paying for the whole debt, we will write an investigation report and send it to you. In it we summarise what the investigation involved and what assets we found.
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