Definition and purpose of attachment Attachment, also known as collateral attachment, is a procedural security measure under German civil procedure law, regulated in sections 916 et seq. of the Code of Civil Procedure (ZPO). The purpose of attachment is to secure the enforcement of a subsequent judgment on monetary claims by preventing the debtor from disposing of his assets prematurely or transferring them abroad, which would make subsequent enforcement more difficult or impossible.

Types of seizure The ZPO basically distinguishes between two types of seizure:

• Attachment in rem: Assets of the debtor are seized or otherwise secured in order to be able to enforce later claims.
• Personal arrest: Hardly relevant in practice, theoretically enables the debtor’s person to be secured by arrest in order to enforce certain actions. Nowadays, this type of arrest no longer has any practical significance.

Prerequisites for attachment proceedings In order to successfully apply for an attachment, the following requirements must be met:

• Arrest claim: The applicant must substantiate a concrete, due monetary claim against the debtor.
• Reason for seizure: In addition, it must be credibly demonstrated that without seizure there is a significant risk that the enforcement of a subsequent judgment will be impossible or significantly more difficult. This risk is typically assumed if there is a threat of asset transfers or a risk of absconding.

Procedure and attachment order The court issues an attachment order if the requirements are met (Section 922 ZPO), often without hearing the debtor in advance if this is required due to particular urgency (Section 920 (2) ZPO). The attachment order specifies which measures may be taken to secure the enforcement. Typical measures include

• Attachment of bank accounts or receivables,
• Entry of a compulsory mortgage in the land register,
• temporary storage of movable property or
• court bans on payment to third parties.

Enforcement of the attachment order The issued attachment order must be served on the debtor and enforced within one month (Section 929 (2) ZPO). Enforcement is usually carried out by bailiffs by means of attachment (Section 930 ZPO). If enforcement is not carried out on time, the attachment order loses its effect.

Appeal against the attachment order The opposing party is not defenceless: he can lodge an objection against an attachment order in accordance with Section 924 ZPO and thus force an oral hearing. During this hearing, the court can confirm, amend or revoke the attachment, depending on the credibility of the requirements by both parties.

Damages in the event of unjustified seizure If it subsequently transpires that a seizure was wrongly obtained, the debtor concerned is entitled to compensation in accordance with Section 945 ZPO. This applies in particular to damages caused by the unjustified interference with his financial circumstances, such as loss of sales or costs for legal defense.

Practical relevance of attachment In practice, attachment is an important instrument, particularly in cases of imminent asset transfers or fraudulent constellations. Companies and private individuals often use attachment in rem to quickly and effectively secure assets until a final decision has been made on the actual claim.

Conclusion on the legal classification of attachment In summary, attachment in civil proceedings is an important and effective security instrument for preventing impending losses of assets and ensuring the enforcement of justified claims. Its legal requirements and consequences are clearly regulated so that both creditors and debtors are aware of and can protect their respective rights and obligations.