How can you get an affidavit?
Asset information - this is important to note
Please fill out the form carefully. Get advice and support from debt counseling, as soon as possible. Otherwise, contact the bailiff directly if you don't understand the questions. Because: With your signature you affirm that the information you have given is complete and true. If you intentionally or negligently provide false information, you can face a fine or imprisonment.
Avoid asset disclosure?
If you can make credible at the appointment with the bailiff that you will pay the debt within 12 months, the bailiff can accept the relevant installments and refrain from providing the financial report. Your creditor must, however, agree to this. This rarely happens in practice.
If you are in arrears with the payments of more than 2 weeks, the agreement is void and you still have to submit the financial report.
Just not giving an asset report?
Simply letting the appointment with the bailiff pass by is a bad idea: If you fail without excuse, the creditor can apply for a warrant to be issued against you. This arrest warrant is not written out for a search. However, it enables the bailiff to have you picked up by the police and brought to you. If you then continue to refuse to provide information, you can be detained for up to 6 months. How much time you spend in prison is ultimately up to you: If you submit the report, you will be released immediately.
Therefore: If you cannot keep the appointment that the bailiff has given you, please contact him immediately. Tell him by fax, email or phone why you cannot come.
The bailiff will then give you a new date.
But be careful: Only postpone appointments if you have really good reasons to do so and if in doubt you can also substantiate them. The bailiff or the creditor does not have to accept a postponement because you have "something better" to do.
Consequences of the financial report
The fact that you have submitted an asset report is stored electronically in the central debtor directory. The debtor register is kept in each federal state by a central enforcement court (district court).
The data will be deleted ex officio after 3 years - counted from the date of entry. The deletion takes place regardless of whether the claim has been paid.
Important: Thanks to the asset information, the creditor knows your employer and your bank details. You must expect a wage or account garnishment. If your current account is not yet managed as a garnishment protection account, apply to your bank to convert it into one. You can find everything about the garnishment protection account in a detailed article with us.
Have the entry in the debtor register prematurely deleted
If you have paid the claim in full or if you have been waived, you can have the entries in the debtor register deleted early. To do this, you must prove to the central enforcement court that you have paid the claim or that you have been waived.
A mere installment payment agreement is not sufficient for early deletion, even if the creditor agrees to deletion.
Important: Obtain a copy of the submitting bailiff's letter of registration order. The central enforcement court is not aware of the creditor, the creditor's representative, the file number or the title from which the enforcement took place. Just presenting proof of payment or a receipt is not enough. The court cannot assign the transactions without the bailiff's letter of registration order.
There are no fees for early deletion.
Therefore, an early deletion from the debtor register can be important
The Schufa and other credit agencies regularly query the debtor directory and take over its entries. As a rule, this leads to a bad rating by the Schufa. Entries that are taken from the debtor directory will be deleted by the Schufa to the day exactly after 3 yearson which the entry was made in the debtor register. If, on the other hand, the entry is prematurely deleted from the debtor register, it will also be prematurely deleted by Schufa.
Is the former creditor one Contract partner of Schufa, premature deletion from the debtor register does not help you much. Schufa's contractual partners include banks, telephone providers and mail order companies. If the claim came from one of these creditors, you received a negative Schufa entry when the contract was terminated. This cannot be prematurely deleted by making a payment. The entry will be deleted after 3 years from payment - however, a completion note remains. A future creditor can then see from the entry that there were once difficulties in paying the claim.
Is the believer not a contractual partner of Schufa, it looks different. Was the request z. B. from a landlord, doctor or alternative practitioner, then this has not been able to set an entry with the Schufa. Only when the property report was submitted and taken over by the Schufa did it come to a negative rating. In these cases, premature deletion from the debtor register leads to premature deletion at Schufa as well.
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