Questão jurídica principal
Whether presumed car operating costs could be seized under Art. 93 SchKG without thorough factual investigation.
Decisão extraída
No. Where the debtor's declared income does not even cover the subsistence minimum, seizing presumed car operating costs requires careful clarification of the financial and factual circumstances.
Fundamentação extraída
The large gap between income and subsistence minimum created objective doubts. The office could not rely on assumptions alone; it had to further question the debtor and clarify whether the car was provided by a third party, whether additional income existed, and what costs were actually borne.