I received a question about how much bailiffs can garnish from salary or pension. There have been changes that not everyone is aware of, writes lawyer Yuri Sokolovsky on his Facebook.
Previously, if a debtor received a salary or pension below the minimum wage, the bailiff could not collect the debt from it. Without much fanfare, a year and a half ago, changes were made to the civil procedure law that halved this minimum.
Now:
• The debtor retains 50% of the minimum wage in the country (this year it is €390); • and if there are minor children dependent on them, an additional 15% of the minimum wage is retained for each child (but in total not more than 50% of the minimum wage). From the remaining amount, 30% is withheld. If several enforcement orders are in effect simultaneously, 40% is withheld. All calculations are made from the amount received after tax deductions. This procedure applies not only to salary garnishments but also to pensions.
Garnishment cannot be applied to:
- severance pay, funeral benefits, benefits to the spouse of the deceased, state social benefits, state support for a child with celiac disease, survivor's pension, and compensation for the loss of a breadwinner;
- compensation payments for the wear and tear of tools belonging to the employee and other compensations;
- amounts paid to the employee in connection with business trips, transfers, or assignments to work in another locality;
- social assistance benefits;
- child support received by the debtor in the amount established by a court decision or an agreement formalized in the form of a notarized act;
- state compensation paid to victims of crimes
