I'll probably have a seizure soon. I can do without some things, but my smartphone is my communication center, I have always lived relatively sparingly so not always immediately the next new smartphone even if I could extend the contract.
I have a Huawei Mate S 2 ½ years old. I know that this could be impounded. If every smartphone is necessarily seized, I mean a 2 ½ years old smartphone is not the latest. Much will probably bring this no longer, even if it is optically still in good shape.
If the smartphone is seized, this will be taken immediately. Or does one get the possibility that one can still save his data?
Maybe there's the possibility to buy back the smartphone from the bailiff, possibly from a friend who then leaves this for me to use?
You have a right to own any type of radio receiver or similar device to receive up-to-date news (access to information is an essential right of citizenship in any democracy). This can be a TV, but also a smartphone.
In addition, today is a telephone connection as a household standard. If you do not have a landline, you will hardly be able to pick up a cell phone.
Since the smartphone is no longer the latest, the resale value anyway limited, the bailiffs know. Their job is not to make debtors penniless, but to bring creditors back their money.
In principle, the mobile phone can be seized (§ 808 Abs. 1 ZPO). It is also not covered by the exceptions under § 811 ZPO.
However, the seizure of a 2 1/2 old smartphone in terms of revenue to debt is very rarely in a reasonable ratio. The bailiff must arrange for provisional storage, have the data professionally deleted, auctioned, if necessary, before placing an auction notice, etc.
Since the half-life of electronic articles is very short, bailiffs take the same distance from the seizure (§ 803 Abs. 2 ZPO), although they would legally be able to do so.
Personally, I would not worry.
