Wages or salaries are usually the sole source of income for indebted workers. Creditors know this and invest here to collect their money. You arrange salary garnishment, which attaches directly to the employer. The seizure of labor income is a very common foreclosure measure.
The salary garnishment: What is it and how does it work?
In the salary garnishment, the employer must participate. He must withhold the attachable portion of the net income and forward it to the creditor of the employee .
The creditor may only order such an attachment through the employer if his enforcement order has been served on the debtor and on the basis of which he has applied for a seizure and remittance order to the court.
Wage seizure table and seizure limit in salary
Each executor must remain at subsistence level. So not the entire wage may be seized. Where the monthly salary garnishment limit depends on the amount of each income and by how many people is committed against the debtor for maintenance.
A tool for determining the attachment exemption limit is provided by the wage garnishment table . These receive workers at their debt counseling. As an alternative to the garnishment table, the amount of salary garnishment can be determined online with a computer .
Debtors can submit an informal application to the enforcement tribunal for an increase in the seizure limit and attach a certificate of the amount of necessary living needs.
Stop salary earmarking
How can you prevent salary garnishment?
There are several ways to prevent or stop the garnishment of salary:
First, debtors can pay their debts to the creditor, so there is no reason to seize.
Creditors may also agree on an agreement or a settlement, eg. For example, by the debtor offering them an installment payment .
A personal bankruptcy would end the salary garnishment.
To find out which way is best for you, you can seek advice from a debt counseling service.
Tips and right behavior in a salary garnishment
Garnishment: What do I tell the employer?
Inform your employer of the impending enforcement action. Only in this way can you maintain the basis of trust between you. As a rule, a salary garnishment does not justify a termination. Only employees in a position of trust such as managing directors or cashiers may be terminated.
Salary earning & maintenance
With a salary garnishment applies: Maintenance takes precedence. If the employee is obliged to support one or more persons, the employer must take this into account in the allowances. Therefore, check carefully whether all dependent persons have been considered.
Proper calculation of salary garnishment
In a salary garnishment, inform your employer to build a foundation of trust.
The employer calculates the attachment exemption amount. He also has to differentiate between attachable and unpaid labor income .
The Land Labor Court Berlin – Brandenburg decided in 2015 that the employer must pay collectively agreed supplements for night, Sunday and public holidays despite salary garnishment to the employee (judgment of 9 January 2015, Az. 3 Sa 1335/14).
If necessary, seek the assistance of a recognized debt counselor or lawyer to protect your wages as much as possible from seizure.