Bailiff what should I do?

Me and my partner live together with our 2 children. Today, my partner had an appointment with the bailiff to try to pay the debt on installments, but something went wrong. So he will probably visit us.

My question

Do I have to let bailiffs in who my partner is not at home?

Can or may the bailiff take anything that is worth it? For example Laptop TV? And if the stuff is mine but I can't prove it?

If you have a writ of execution or similar documents in your hand, you have to leave it out, which will entitle you to seize the apartment in the event of the case.

He must not take everything with him. Only what belongs to your partner and he does not need to live, can be seized - this includes the TV (what irony). Of course, your husband can override his goods for the children if they are old enough.

Fernseher I do not think so, because you need to be able to meet his information obligations. And there are certainly exceptions, if the part is oversized.

Right, if it is e.g. To a 100 '' QLED 8K Smart TV is acting.

Do I have to let bailiffs in who my partner is not at home?

Yes. A bailiff might even get access to the apartment with the locksmith. If your partner can't attend the appointed date, he should call the bailiff and ask for another appointment.

It may also be that your partner is appointed to the bailiff in the office to provide the asset information. That depends on what exactly the creditor has commissioned the bailiff.

Can or may the bailiff take anything that is worth it?

Everything that is seizable by law, he may take with him. A TV of normal value may own one, then he should seize a second one. Just to give an example.

And if the stuff is mine but I can't prove it?

The bailiff may take anything with him that he believes may belong to your partner. If it belongs to you, you would have to prove it. The reason is understandable, because otherwise all debtors would lie and say that this or that does not belong to them.

Theoretically, a bailiff may even in your absence with a judicial search order from a locksmith open the apartment and go in there. Ignore and not open the door brings nothing.

The apartment may empty completely and a bailiff but you will not. Everyday necessities in the context of a "modest way of life" are impracticable. Which items belong specifically to this results from the current case law. Not every TV and not every laptop can be seized without further ado, but is not necessarily excluded from a garnishment. So come on the individual case!

It would be more important, however, that your partner quickly and urgently gets his finances under control! The first step is to visit a debt counseling service. For example, Caritas offers this free of charge. So, collect documents together and get away with you! There you can also be explained more precisely and specifically for your individual situation, what would be attachable and what not.

TV is already 7 years old my laptop 4 years

So by appointment he went today and described his situation it was allegedly not enough. The creditor is ready to guess (is in documents). And yes I let bailiffs in. What about my cat? I also need my laptop.

Does he have to let us know when he comes or can he just come in without saying anything?

The bailiff does not just come, he always sends an appointment in advance.

Please say it more precisely. What was "not enough" for the bailiff? The payment rate? What did the bailiff tell his partner how to proceed?

So my partner is self-employed (car dealer) I think that the bailiff wants to visit him in his workshop to see if he has cars there that have value. I do not know exactly how it went, my husband comes later, then I learn more. He said that the bailiff will contact you again

Do not worry, your cat will not take you

OK. Then wait for a while. There's a contact, and when the bailiff says he answers, he does not come straight to the apartment to seize.

Your partner can also continue with the installment, if the creditor agrees. But the bailiff may only accept installments if the debt is paid within 12 months. If it takes longer, the installments must go to the creditor.

But now the current order of the bailiff has to be done. Then your partner can again contact the creditor and arrange the installment.

And as a supplement: If one agrees with the creditor, it is absolutely necessary to keep the installments (not to skid) and to have them given in writing or politely ask the creditor for the time being to declare or suspend the measures to the General Assembly.

Otherwise the GV will continue for now. He is only committed to his mission and the title.

Search out the bills for the devices and the like, which will hopefully be in your name. So as proof of what you are. As I wrote above: Usually the GV ignores the stuff then.

So we do not make it within 12 months, that's clear, unfortunately, it has accumulated too much. We will sit in contact with the creditors