Κατάσχεση Εις Χείρας Τρίτου: Τι Είναι και Πώς Προστατεύεστε ως Οφειλέτης ή Τρίτος

A third-party garnishment in Greece enables a creditor to attach a claim or movable asset belonging to the debtor but held by another person. The third party may be a bank, employer, tenant or customer. The procedure is highly formal: its validity and the third party’s obligations depend on strict compliance with the Greek Code of Civil Procedure.

What Is Third-Party Garnishment?

The attachment may concern a monetary claim against the third party or a movable asset held by that party. A future claim may also be attached where it is sufficiently identifiable and arises from an existing legal relationship.

Who May Be the Third Party?

The third party may be any person who owes money to the debtor or holds a movable asset belonging to the debtor. Typical examples include:

  • an employer in relation to the debtor-employee’s remuneration;
  • a bank in relation to deposits or other claims held by the debtor;
  • a tenant in relation to rent owed to the debtor-landlord; and
  • any natural or legal person owing an attachable monetary debt to the debtor.

The Attachment Procedure

The garnishment order is served on both the third party and the debtor. It must identify the enforceable title, the debt being enforced, the amount and the attached asset or claim with sufficient precision.

Service on the debtor must take place no later than eight days after service on the third party. Failure to meet this requirement renders the attachment invalid. Once the order has been served on the third party, that party may not pay or deliver the attached asset to the debtor.

The Third-Party Declaration: The Critical Deadline

As a rule, within eight days of service, the third party must state whether the attached claim or asset exists, whether other attachments have been imposed and whether any matter excludes or limits its obligation. Where the third party is the State or a public-law legal entity and Article 145 of Law 4270/2014 applies, the period is thirty days. The period from 1 to 31 August is excluded when calculating the deadline under Article 985(1). Failure to declare is treated as a negative declaration, while an inaccurate or dishonest declaration may give rise to damages liability.

The third party may deny the debt or rely on payment, set-off or another extinguishing event where legally available. Challenges to the enforcement process itself are a separate matter and are subject to the specific limitations of Articles 933 and 987.

Third party Declaration deadline
Individual, business, bank or employer Generally eight days from service of the garnishment order; the period from 1 to 31 August is excluded
Greek State or public-law legal entity, where Article 145 of Law 4270/2014 applies Thirty days from service on the authority responsible for payment

 

What Risks Does the Third Party Face?

If the declaration is positive and no legal impediment exists, the attached monetary claim is paid to the attaching creditor after the statutory period. A positive declaration constitutes an enforceable title against the third party. For attachments imposed up to 31 August 2026, the former procedure for appending the executory formula applies. For attachments imposed from 1 September 2026, Article 985(2) applies: the executory formula is granted by a judge of the central Court of First Instance for the district in which the debtor was resident, domiciled or established when the attachment was imposed.

The creditor may challenge a negative declaration within thirty days of the declaration. This remedy seeks a determination that the attached claim exists and of its extent. A damages claim for an inaccurate declaration is distinct and requires proof of loss and causation.

The principal consequences for the third party are as follows:

  • a positive declaration constitutes an enforceable title against the third party, while the procedure for appending the executory formula depends on the regime applicable when the attachment was imposed;
  • failure to declare is treated as a negative declaration and may result in damages liability if loss is caused to the attaching creditor; and
  • the third party may deny or limit the debt on lawful grounds, but its right to challenge the validity of the attachment itself is restricted by Article 987.

Debtor Defence vs. Third-Party Defence

The debtor may challenge enforcement acts under Article 933. The deadlines differ according to the alleged defect and the stage of enforcement; there is no single deadline for every challenge. A challenge does not automatically suspend enforcement. Where available, suspension requires a separate application and satisfaction of the statutory conditions.

Debtor Third party
Principal step Challenge under Article 933 and, where available, a separate application for suspension Declaration under Article 985 and limited challenge to the validity of the attachment under Article 987
Permitted grounds Statutory objections to the claim or enforcement, subject to the applicable limitations and deadline for the particular act That the attached debt does not exist, has been discharged or is smaller; as regards validity of the attachment, only the defects specified in Article 987
Suspension It is not automatic; a separate application is required where permitted by law No corresponding general stay remedy arises merely from being the third party

 

Which Claims Are Exempt from Attachment?

Not every claim is attachable. Article 982 exempts, among other claims, statutory or testamentary maintenance and claims for salary, pension or insurance benefits. Attachment of up to one half may be permitted for maintenance or contributions to family needs, subject to the statutory assessment of the amounts and the family’s needs. Separate rules govern enforcement by the State.

What Changes on 1 September 2026: Electronic Third-Party Declaration

For attachments imposed from 1 September 2026, the declaration is prepared, signed and filed through the platform of the Hellenic Federation of Judicial Officers using a Unique Declaration Code. Filing is made by the third party’s authorised lawyer. A notary acting as the third party files personally within the scope of their official duties, while the prescribed authorised users act for the State and public-law legal entities.

Under Joint Ministerial Decision 45243oik./2026, the electronic deadline expires at 19:00 on the eighth or thirtieth day, as applicable, and begins on the day after service on the third party. If the final day is a non-working day, expiry moves to 19:00 on the next working day. If a platform failure makes filing objectively impossible on the final day, the declaration may be served on the judicial officer who imposed the attachment and the relevant procedural deadlines are automatically extended by one day.

From the same date, Article 989 of the Code of Civil Procedure is repealed by Article 87 of Law 5326/2026. Applications for an executory formula lawfully filed earlier, and attachments imposed up to 31 August 2026, continue under the former regime. For later attachments, the positive declaration remains an enforceable title and the executory formula is governed by Article 985(2).

  • Verify separately the dates of service on the third party and the debtor.
  • The third party should investigate immediately and file a timely, complete and accurate declaration.
  • A bank account or contract does not necessarily mean that an attachable claim exists.
  • Salary, pension and insurance benefits, and accounts into which they are paid, require specific analysis.
  • Calculate every challenge deadline by reference to the precise enforcement act concerned.

Frequently Asked Questions (FAQ)

Who is the third party?

The person who owes money to the debtor or holds a movable asset belonging to the debtor, such as a bank, employer, tenant or customer.

When must the declaration be filed?

As a rule, within eight days after service of the garnishment order. A special thirty-day period may apply to the State or a public-law legal entity under Article 145 of Law 4270/2014.

What happens if no declaration is filed?

The omission is treated as a negative declaration and may result in damages liability if it causes loss.

May the third party deny the debt?

Yes. It may lawfully assert that the claim does not exist, has been discharged or is limited.

When may a negative declaration be challenged?

The attaching creditor may file a challenge within thirty days of the declaration.

Does a challenge suspend the attachment?

Not automatically. Suspension is a separate remedy subject to its own statutory requirements.

Conclusion

Third-party garnishment requires an immediate and separate review of the positions of the debtor, the third party and the attaching creditor. In particular, the declaration, challenge deadlines and the electronic regime applying from 1 September 2026 leave no room for generalisation or delay.

This article is intended solely for informational purposes and does not constitute legal advice. Each case requires an individual assessment based on its specific facts and the applicable legal framework. For specialised legal advice, please contact our law firm.

 

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