Module 121 min2774 wordsFree — no account
The order is on the desk: garnishee duties, the statement and the ranking of creditors
The module’s worked examples, then cases to attempt before revealing their solution · 1 section · 320 words · 3 min
Practical case
Two orders in November
On Tuesday, 3 November 2026, the bakery from the opening receives the garnishment and transfer order of collection agency A for 4,200 € against Ms Aydin; the certificate of service contains the request for a statement under section 840. On Tuesday, 10 November 2026, the order of mail-order retailer B for 900 € is served on the bakery; the court had issued it back on 20 October 2026. By when must the bakery make its statement to A, what must it state, and which creditor receives the garnishable part of the November wage first?
Hint: Calculate the period under sections 187 and 188 of the Civil Code, check section 222(2) of the Code of Civil Procedure, and rank the creditors by the event to which section 829(3) ties the effect of the garnishment.
Show the solution
The two-week period of section 840(1) starts with service on the bakery. The day of service, Tuesday 3 November, is not counted under section 187(1) of the Civil Code; under section 188(2) the period ends when the Tuesday two weeks later expires. That day is a working day, so section 222(2) moves nothing. The statement covers items 1 to 3: whether and to what extent the bakery acknowledges the wage claim and is prepared to pay, whether other persons are making claims on the wages, and whether the wages have already been garnished for other creditors. By the deadline, B's order has already been served, so the statement names it. For ranking, section 829(3) looks to service on the garnishee, not to issue by the court: A was served on 3 November, B on 10 November. Under section 804(3) A ranks first. The garnishable part of the November wage goes entirely to A; B receives something only once A's claim is paid off.
Answer: Statement by Tuesday, 17 November 2026, covering the three items including B's garnishment; the garnishable November amount goes to A first.
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