Key legal question
How must the enforcement office determine seizable income when a self-employed debtor’s income is to be attached?
Extracted holding
The enforcement office must establish the relevant facts ex officio and cannot rely solely on the debtor’s statements if their reliability is doubtful; it must conduct further inquiries and, where necessary, estimate income using available records and comparable businesses.
Extracted reasoning
The court held that actual circumstances at the time of seizure are decisive. For self-employed debtors, the office must thoroughly question them about income and expenses, investigate receivables, request business books where available, and otherwise use plausible comparative and tax-based estimation methods if the debtor’s statements are not credible.