Part Two of the Execution Act sets out the rules on the execution of financial claims.

Within Part Two, Chapter VI covers the attachment of movable property while Chapter IV addresses the garnishment of wages and other emoluments and Chapter V applies to the attachment of sums administered by financial institutions.

Summary:

• Garnishment of Wages and Other Emoluments
• Attachment of Sums Administered by Financial Institutions

Garnishment of Wages and Other Emoluments

1. In bref

The attachment of wages and other emoluments, as well as that of sums administered by financial institutions precedes the more severe forced actions (e.g. attachment of movable and real property).

2. In practice

As regards claims for money, the attachment of wages and other emoluments is the simplest and most moderate and cost-efficient form of pecuniary force.

A garnishment is issued by the bailiff if the execution procedure has already been ordered by the issue of the enforcement order. Another condition is that the debtor has failed to pay his debt within 15 days of the service of the enforcement order. In addition to the garnishment by the bailiff relating to wages, the bailiff can also attach the movable and real property of the debtor as well.

In the garnishment order, the bailiff notifies the debtor's employer of the need to withhold the amount indicated therein and to pay such amount to the garnishor or to transfer it to the bailiff's escrow or other account.

Attachment of Sums Administered by Financial Institutions

1. In Bref

The funds of the debtor administered by financial institutions can be attached by means of a court transfer order or bailiff's official transfer order.

2. In practice

Pursuant to the Execution Act, all of the debtor's movable and real property may be executed. Within the framework thereof, the Act pays particular attention to the funds due to the debtor as claims for money must be collected during judicial execution primarily from the funds administered by financial institutions and available to the debtor or the debtor's wages. Any other property of the debtor may only be attached if the foregoing are unsuccessful (the principle of applying execution force gradually and proportionately).