How is the pawnability in the case?

So I know that such questions are most likely to be asked more often. However, I still have to ask, because every situation is different and I could not find anything comparable.

It is not about me in this case, but about a friend / comrade of mine.

In any case, a bailiff has announced himself to him. And of course he wonders what can be seized. I was only able to help him to the extent that I know that furniture, etc. Is mostly impoverished. And TV, laptop and mobile phone also, provided only once in the household and not particularly valuable.

He also currently lives with his parents in his old nursery because he could not keep his apartment financially.

He has an extensive book and manga collection and is a gamer. Say he has a lot of consoles like the Wii U, Nintendo Switch, Gameboy Advance, 3DS etc… With some games. And also a few DVDs. N.Switch is also available twice in the household (his little brother also has his own device).

He has a gaming laptop, which is about 2 years old and a bit old (he bought himself in December 2016). Originally probably cost 2200 euro and he has, as he said "once done". Laptop should not be so attachable, because he needed for study and work. In addition to studying, he works as a graphic designer and he probably needs a powerful laptop. But a laptop is also included twice in the house. Is just a cheap. What's in the house are tablets. Do not belong to him, but he is worried that this can be somehow chalked him or his belongings are seized, because several usable devices are present in the household, although he does not use them.

Furthermore, he has a TV in the room, but he does not hear (provided by parents). In the house itself but also 3 more TVs are available. Since he would like to know whether the TV can be seized, because he is just in the room and more than a TV is available. I said no, because he is not his. But of course I do not know it either.

He does not own a car. And otherwise he still has a printer and drawing utensils (as manga / anime fan painting / draws himself). And also a cell phone, but that is even older than the laptop and I would not say it is no longer attachable?

All in all, of course, he hangs on his stuff and is accordingly afraid that these can be seized with him. And unfortunately I do not know for sure. In general, I have only half knowledge in the field, as I once saw a documentary about the daily work of bailiffs.

So I wanted to ask for him. For the own education probably not so wrong. So does anyone know a little bit more about it and / or white, which would be really attachable to the mentioned stuff?

Thanks anyway for reading and possibly answers.

The olfactor can basically in the common household with the parents seize everything, no matter who exactly it belongs. To whom exactly it belongs then the actual owner must prove, in order to be able to get the object back / keep. This means that invoices must be submitted etc…

What is in the room and what is not irrelevant. If "his" TV was officially bought by the parents and he can be occupied, he is unavailable.

So: Collect all bills and have ready for the appointment. If it is proven that the stuff belongs to others, nothing happens.

The manga collection will probably be seized in any case, if they are worth something. The gaming laptop too, because there's another device (whether PC, tablet or mobile phone). The cell phone will probably let him, because it is the cheapest device.

That's just a rough estimate. It will depend on what the date for the bills are there and what not. And how the value of each device is exactly…

This can and will only be decided by the bailiff on the spot, what he will pledge or what he looks valuable. All inclusive you can't give any information.

The bailiff can in principle all movable property, which is in custody (ie: possession) of the debtor (§ 808 ZPO). It is irrelevant for the time being, who owns this property (there are exceptions, for example, with spouses). Even if the owner proves his ownership of the item to be secured (for example, a bill on a stereo), this is unreliable. In this case the third party objection claim would be up to the owner (§771 ZPO).

Only objects that can't be pledged according to § 811 ZPO do not fall under § 808 ZPO, whereby none of the items named by you are covered by this regulation. Even the laptop, TV and the mobile phone, which are in the household at one's disposal, could be seized (if necessary also exchange seizure according to § 811a ZPO), as the right to obtain information is ensured due to his stay with the parents. In practice, a bailiff looks at least as a rule from such a seizure, since the decline in value of electrical / electronic articles is very high, a data cleansing be made and then an auction (including advertisement) should be made. The proceeds are often out of proportion to the debt (§803 Abs. 1 ZPO).

Conclusion: the mentioned items can legally be seized.

Tip: If the creditor has not ruled out an amicable settlement (= installment payment) from the outset or immediately after their agreement, then the AGM is required to conclude such agreement with the debtor (§802 b ZPO). Otherwise it threatens, depending on the creditor's order, the decrease of the asset information according to §§ 802 c and f ZPO.