Key legal question
Whether a creditor may request a subsequent garnishment of future wages within the one-year period of Art. 88 SchKG after an initial one-year wage garnishment.
Extracted holding
No. A wage garnishment of future earnings for one year exhausts the creditor’s right to seize that wage stream during its effect; a further garnishment of the same wages is inadmissible until the first garnishment expires, after which a new enforcement must be opened.
Extracted reasoning
The court followed its prior case law in Seylaz. The purpose of a subsequent garnishment is to extend an insufficient garnishment to other assets, but with future wages it is already apparent at the time of the first garnishment whether the one-year amount will suffice. Allowing repeated garnishments would nullify the statutory one-year limitation and would also unduly burden the debtor.