Lack of means

If the debtor has no distrainable assets or garnishable income, the officer in charge will make a finding of lack of means and return the matter to the creditor as barred for lack of means. The creditor may re-file the enforcement request.

The enforcement authority sends a list of the debtors found to lack means or to be unknown to the keeper of the credit information register. A list will be sent also of those debtors who have been found to lack garnishable income or distrainable assets in limited enforcement proceedings.

If the debt or the distraint has been unfounded, the entry on lack of means in the credit information register is erased. The same applies, if the debtor pays a debt collected by way of limited enforcement.

If a debt that is not collected by way of limited enforcement is paid, a notice of this is sent to the keeper of the credit information register.

Distraint and garnishment

Updated on 23 Juni 2009