{"id":18103,"date":"2008-09-14T08:13:38","date_gmt":"2008-09-14T06:13:38","guid":{"rendered":"https:\/\/fiala.de\/garnishment-trap-for-private-pensions-of-self-employed-persons\/"},"modified":"2021-01-11T15:39:11","modified_gmt":"2021-01-11T14:39:11","slug":"garnishment-trap-for-private-pensions-of-self-employed-persons","status":"publish","type":"post","link":"https:\/\/www.fiala.de\/en\/garnishment-trap-for-private-pensions-of-self-employed-persons\/","title":{"rendered":"Garnishment trap for private pensions of self-employed persons"},"content":{"rendered":"

The Federal Court of Justice (BGH) has ruled in the
\nNovember last year decided
\n(Az. IX ZB 89\/05) that private pensions from
\nan accident or
\nOccupational disability insurance from
\nfreelancers or self-employed persons no
\nEnjoy garnishment protection. similar lies the
\nThe case of occupational pensions
\n(bAV). The BGH allows the
\nInsolvency administrator this even despite
\neffective pledge and vesting
\n(file no. IX ZR 138\/04<\/a>). Early provision for the
\nAssets are therefore necessary for all concerned.
\nIn principle, therefore, only pensions and retirement pensions are deductible from the
\ngarnishment protection, which the employer (civil servant) or a
\nEmployer owes. Then the seizure allowance applies to single persons…
\nof around 900 euros and for married couples of just under 1,400 euros. At the
\nHowever, in the opinion of the Federal Government, there is no need for a
\nthe Karlsruhe judges “for attachment protection of pensions of
\nno room in the first place”.<\/p>\n

The dilemma for the self-employed<\/p>\n

In doing so, the BGH clarified that only employees and civil servants who work for
\nthemselves or their dependants an old-age provision under insurance law
\nbenefit from the protection against execution. Thereby are
\nrefers exclusively to those private pensions which are ‘paid on the occasion of the
\ntermination of a contract of service or employment is justified
\nbecome.” Continuing pensions of freelancers and self-employed persons
\nare therefore not protected.
\nProfessionally self-employed people are only allowed to work within the narrow framework of the
\nCode of Civil Procedure free to keep a small garnishment-free estate out of
\nof an insurance company. However, since this pension is usually
\nwill be relatively small, these persons will later have to
\nsometimes rely on supplementary social assistance.<\/p>\n

BGH: unequal treatment constitutional<\/p>\n

For the BGH this unequal treatment is constitutional (Az: IXa
\nZB 271\/03): Thus self-employed persons appeared also today still in
\nneed protection to a lesser extent, because the people involved in the exercise of their
\nactivity is regularly linked to higher employment opportunities also a
\nsuggest further recourse to the law of enforcement.
\nIn addition, the BGH also refers to a “higher responsibility and
\nM\u00fcndigkeit” of the self-employed and freelancers.<\/p>\n

Asset protection through different “asset spheres<\/p>\n

Therefore, those affected should be well informed and advised in order to
\nnot to get caught “cold” later. One possibility is the so
\nasset protection. This includes
\nthe separation and formation of different spheres of assets.
\nProfessionally, these individuals should have a professional risk management
\noperate If possible, combined with its own liability,
\nwhich is separate from private assets.
\nHowever, private assets can also be protected in part from the
\nProtect creditor access. There are quite complicated approaches to this,
\nwhich also include solutions abroad or foundations, trusts and own
\nInclude funds. For this reason, the persons concerned should
\nand design the supply in time. Last minute at
\nassets into a safe haven in the event of imminent insolvency.
\nusually remains successful.<\/p>\n

Author(s): Attorney-at-law Dr. Johannes Fiala and Dipl.-Math. Peter A.
\nSchramm<\/p>\n

(all4finance.com)<\/p>\n

Courtesy of www.all4finance.de<\/a><\/LINK>.<\/p>\n","protected":false},"excerpt":{"rendered":"

The Federal Court of Justice (BGH) has ruled in the November last year decided (Az. IX ZB 89\/05) that private pensions from an accident or Occupational disability insurance from freelancers or self-employed persons no Enjoy garnishment protection. similar lies the The case of occupational pensions (bAV). The BGH allows the Insolvency administrator this even despite […]<\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":"","rank_math_focus_keyword":"","rank_math_description":"","rank_math_title":""},"categories":[492],"tags":[506,552,505,504,499,497,515,493],"class_list":["post-18103","post","type-post","status-publish","format-standard","hentry","category-veroeffentlichungen-en","tag-bav-en","tag-bundesgerichtshof-en","tag-insolvency","tag-pension","tag-pension-provision","tag-altersversorgung-en","tag-selbstaendige-en","tag-versicherung-en"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/posts\/18103","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/comments?post=18103"}],"version-history":[{"count":0,"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/posts\/18103\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/media?parent=18103"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/categories?post=18103"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/tags?post=18103"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}