Protective order On 15 May 2009, the Bundesrat approved by the Bundestag on 23 April 2009 adopted the "Law on the reform of the account garnishment protection" to the introduction of a protective order
account, just P-account, too. The relevant statutory provisions can be found mainly in the new wording of § 850k of Civil Procedure (CCP).
What is a P-
account?
Unlike the name suggests it may be, is when a protective order account (P-account) is just not a separate bank account. Rather, the reform allows the consumer to agree in the future with banks and savings that an existing checking account as a protective order account to be led. The existing bank is not affected by this change, the current account will continue only with the heading "P-Account.
amount of the exemption from attachment
Running a current account as a protective order account leads to the existence of an automatic (basic) seizure protection in the amount of the attachment allowance in accordance with § 850c of Civil Procedure. This is equivalent to currently € 985.15 per month.
The type of income is (other than under the previous legislation) irrelevant. Are now protected in addition to earned income, pensions, social benefits and income from self-employment and voluntary donations from third parties (monetary gifts).
The described basic protective order of the P-account may possibly be increased. This can be possible in the following cases, unless agreed upon production of supporting documents, an increased protective order with the account-holding bank.
child benefit and other benefits for children (unless the child maintenance claims for the benefits received or to be included in the calculation of exemption from attachment should be attached).
existence of statutory maintenance obligations.
receiving cash benefits under SGB II (unemployment benefit II) or SGB XII (welfare) for people in the community of need of the account holder's life and those of the account holder is under no legal obligation for the support. One
cash (§ 54 SGB II I) or in cash to offset caused by a body or health damage more expense (§ 54 SGB III No. 3 I).
In addition, in special cases, the change in the level of seizure protection by a court decision possible.
If the amount protected from seizure in a month is not used, the difference on the month of transfer. The protective order is based on credit (not including the credit limit of a possibly existing credit facility), based on the respective current account deposited.
is like a checking account for a protective order account? The guide is a current account as a protective order account, as already described, through an agreement between the account holder and the depositary bank. The bank customer also has a legal claim to the leadership of the current account as a protective order account (§ 850k VII CCP).
The account holder should inform the bank, therefore, giving the bank in writing that he wants the leadership of that current account as a protective order account. Over time it can be assumed that the banks and savings institutions appropriate forms are ready. Similarly, the account holder a confirmation seek the guidance of the current account as a protective order account with the account-holding bank.
Running a current account as a P-account can (and should) be agreed without the existence of an account garnishment or similar concrete reason. The switch to a P-Account shall be made within four banking days and has retroactive to the first day of each calendar month. Furthermore
not entitled to a checking account
a right to open a checking account, however, not as before. If a bank refuses to open a checking account (eg, for reasons of personal credit history), may be the opening a current account in credit to the directive of the Central Credit Committee (CCC) "Current Account for Everyone" at an appropriate bank or savings bank to be considered.
seizure protection account and SCHUFA
Running a current account as a protective order account is forwarded by the respective bank to SCHUFA (SCHUFA Holding AG). SCHUFA takes the note to her usually already existing information on each account and checks. In this review, the institution, whether the person is already a checking account runs as a protective order account (each individual may maintain only one checking account as P-account).
Running a current account as a P-account may have no effect on the data made available by the SCHUFA to credit (credit) or the so-score value of the consumer. From
applies when the protection of the P-account?
enters into force the above Act on 1 Day of the twelfth to the promulgation of the "Law on the reform of the account garnishment protection", Federal Law Gazette following calendar month. The announcement in the Federal Gazette on 10 July 2009 (Federal Law Gazette I, p. 1707 - Year 2009, Part I, No. 39), so that the law on 1 July 2010 comes into force. Accordingly, as of this date is also the protection of the P-account.
Appropriate agreements with banks and savings banks, however, are already possible. The last date referred relates to the protective effect of the P-account.
Most provisions of the recent seizure protection become effective on 1 January 2012 cease to apply.
As of this date the protective order is guaranteed solely by the P-account. Until then, the protection of their allowances before a possible seizure by both the P-account and on the way so far. About the removal of the traditional attachment protection banks inform their customers until 11.30.2011 in text form.
Can we run multiple P-accounts?
Any individual may run only a single bank account as a protective order account. is not least for this reason, running a current account as a protective order account a collection of the characteristic "P-account" to SCHUFA.
Will lead a consumer with a checking account as P-account is a balance, whether the person is already a protective order account. Only when this is not the case, the bank can meet the wishes of the consumer. Where a person unlawfully
several current accounts as a protective order account, the creditor may apply for court that only a special account to enjoy a protective order (§ 850k IX CCP).
What has changed with the introduction of a protective order account?
brings Compared to previous legislation, the introduction of the new protective order account in the results many (positive) changes. The main points are presented below as counting.
The P-account provides a protective order, regardless of the type of income. This particularly benefit people with income from self-employment. The
, often time-critical, no longer obtain a judicial decision on the scope of protection of personal attachment (a change of the basic exemption from attachment by judicial decision is still possible).
More effective protection from execution of welfare benefits and child benefits (amounts do not have to be withdrawn within seven days).
No account blockages account due to ongoing seizure.
reduction of expenses on banks to account garnishments. Consequently, reduces the risk that the bank terminated the agreement for the immense effort the checking account.
increased bank charges on the P-account
The practice of some (but not all) banks with the introduction of the P-account shows that are associated with the conversion of a current account in a P-account sometimes very different account fees (see: Conditions of banks account in the P-test).
care with placement of a P-account fee
The introduction of the P-account in 2010, there is currently consumers who now have difficulty getting a checking account Uncertainty. In particular, the Internet, but also in classifieds or on similar occasions promote "service" so, give the consumers concerned a checking account or a protective order against an account more or less low placement fee of usually 20 to 100 euros to.
Since the seizure protection account - as described - just not a separate checking account is there, to believe that such a placement was the introduction of a protective order account particularly promising, no cause.
In this context, are strongly advised only of paid offers to provide to refrain. Instead, the consumer targeted at the particular bank for a credit account on the basis of the "
checking account for everyone " ask. In practice, shows that savings banks in particular follow the agreements reached under this policy the most. On 15
May 2009, the Bundesrat approved by the Bundestag on 23 April 2009 adopted the "Law on the reform of the account garnishment protection" to the introduction of a protective order account, just P-account, too. The relevant statutory provisions can be found mainly in the new wording of § 850k of Civil Procedure (CCP).
What is a P-account?
Unlike the name suggests it may be, is when a protective order account (P-account) is just not a separate bank account. Rather, the reform allows the consumer to agree in the future with banks and savings that an existing checking account to be associated with seizure protection account. The existing bank is not affected by this change, the current account will continue only with the heading "P-Account.
amount of the exemption from attachment
Running a current account as a protective order account leads to the existence of an automatic (basic) seizure protection in the amount of the attachment allowance in accordance with § 850c of Civil Procedure. This is equivalent to currently € 985.15 per month.
The type of income is (Other than under the previous legislation) irrelevant. Are now protected in addition to earned income, pensions, social benefits and income from self-employment and voluntary donations from third parties (monetary gifts).
The described basic protective order of the P-account may possibly be increased. This can be possible in the following cases, unless agreed upon production of supporting documents, an increased protective order with the account-holding bank.
child benefit and other benefits for children (unless the child maintenance claims for the benefits received or taken into account in the calculation of exemption from attachment are to be attached).
existence of statutory maintenance obligations.
receiving cash benefits under SGB II (unemployment benefit II) or SGB XII (welfare) for people living in the community of need of the account holder and those of the account holder is not legally liable for maintenance. One
cash (§ 54 SGB II I) or in cash to offset caused by a body or health damage more expense (§ 54 SGB III No. 3 I).
In addition, in special cases, the change in the level of seizure protection by a court decision possible.
If the amount protected from seizure in a month is not in Claim is made, the difference on the month of transfer. The protective order is based on credit (not including the credit limit of a possibly existing credit facility) that is stored on the respective checking account.
is like a checking account for a protective order account?
The guide is a current account as a protective order account, as already described, through an agreement between the account holder and the depositary bank. The bank customer also has a legal claim to the leadership of the current account as a protective order account (§ 850k VII CCP).
The account holder should inform the bank, therefore, giving the bank in writing that he took the leadership Current Account as of that wishes seizure protection account. Over time it can be assumed that the banks and savings institutions appropriate forms are ready. Similarly, the account holder must obtain a confirmation of the leadership of the current account as a protective order account with the account-holding bank.
Running a current account as a P-account can (and should) be agreed without the existence of an account garnishment or similar concrete reason. The switch to a P-Account shall be made within four banking days and has retroactive to the first day of each calendar month. Furthermore
not entitled to a checking account
a right to open a checking account is not as before. If a bank refuses to open a checking account (eg, for reasons of personal credit history), may be to open a current account in credit to the directive of the Central Credit Committee (CCC) "Current Account for Everyone" at an appropriate bank or savings bank to be considered.
seizure protection account and SCHUFA
Running a current account as a protective order account is forwarded by the respective bank to SCHUFA (SCHUFA Holding AG). SCHUFA takes the note to her usually already existing information on each account and checks. In this review, the institution, whether the person has a checking account runs as a protective order account (each individual may maintain only one checking account as P-account).
Running a current account as a P-account can have no effect on the data made available by the SCHUFA to credit (credit) or the so-score value of the consumer. When does the protection of the P-account?
enters into force the above Act on 1 Day of the twelfth to the promulgation of the "Law on the reform of the account garnishment protection", Federal Law Gazette following calendar month. The announcement in the Federal Gazette on 10 July 2009 (Federal Law Gazette I, p. 1707 - Year 2009, Part I, No. 39), so the law 1 July 2010 comes into force. Accordingly, as of this date is also the protection of the P-account.
Appropriate agreements with banks and savings banks, however, are already possible. The last date referred to relates to the protective effect of the P-account.
Most provisions of the recent seizure protection become effective on 1 January 2012 cease to apply. As of this date the protective order only by the P account is guaranteed. Until then, the protection of their allowances before a possible seizure by both the P-account and on the way so far. About the removal of the traditional attachment protection banks inform their customers until 11.30.2011 in text form. Is it more
P-second account?
Any individual may run only a single bank account as a protective order account. is not least for this reason, running a current account as a protective order account may also be submitted with the definition of P-account "to SCHUFA.
Will lead a consumer with a checking account as P-account is a balance, whether the person is already a protective order account. Only when this is not the case, the bank can meet the wishes of the consumer. Where a person unlawfully
several current accounts as a protective order account, the creditor may apply for court that enjoy only a specific account seizure protection to (§ 850k IX CCP).
What has changed with the introduction of a protective order account?
brings Compared to previous legislation, the introduction of the new protective order account as a result many (positive) changes. The main points are presented as' the counting
. The P-account provides a protective order, regardless of the type of income. This particularly benefit people with income from self-employment. The
, often time-critical, no longer obtain a judicial decision on the scope of protection of personal attachment (a change of the base attachment protection by judicial decision is still possible).
More effective protection from execution of welfare benefits and child benefits (amounts do not have to be withdrawn within seven days). No account blockages due to ongoing seizure account.
reduction of expenses on banks to account garnishments. Consequently, reduces the risk that the bank terminated the agreement for the immense effort the checking account.
care with placement of a P-account fee The introduction of the P-account in 2010, there is currently consumers who now have difficulty getting a checking account that uncertainty. In particular, the Internet, advertising but also in classifieds or on similar occasions "service provider" in order to procure the affected consumers a checking account or a protective order against an account more or less low placement fee of usually 20 to 100 euros to. Since the seizure protection account - as described - just not a separate checking account is there, to believe that such placement is through the introduction of a protective order account particularly promising, no cause. In addition, the provision of a current account as a P-account is charged. may be advised only urgent fee-based agency offers distance
In this context, to take. Instead, the consumer should specifically ask for the bank for a credit account on the basis of the "checking account for everyone". In practice, shows that savings banks in particular follow the agreements reached under this policy the most.
criticism of the model of the P-account
Criticism of the model of a protective order account extends, in essence, that was missed, according to many consumer advocates to give the consumer a legal right to open a bank account in credit to the source. The criticism is therefore strictly speaking not been against the model of the P-account as such but rather against the Years of inadequate implementation of the "
checking account for everyone" in practice.
