What is the attachable part of the income?
What part of the income is attachable?
Net income includes, in particular, salary, old-age pension, ALG 1 and ALG 2. Only amounts of your income rounded to the nearest ten are used in the calculation, all amounts over EUR 4.077,72 are fully attachable. The exempt amount without dependents is €1.339,99.
How do you calculate attachable income?
“The net method is to be used when calculating the attachable income in accordance with Section 850e No. 1 Clause 1 ZPO. The emoluments that are withdrawn for attachment are to be deducted from the gross amount of the total income. There is no further deduction of taxes and duties that apply to this gross amount.
Which income is not attachable?
- overtime hours (half)
- Christmas bonus (maximum 670 euros)
- loyalty funds.
- education allowances.
- vacation pay.
- Marriage and childbirth grants.
- Capital accumulation benefits.
- expense allowances.
How high is the attachable amount in the event of personal bankruptcy?
The income limit is currently EUR 1.339,99 (as of July 01.07.2022, 1.340). This means that below this amount, the income from work of a person who is not liable for maintenance may not be attached. The income can therefore only be seized from 6,89 euros. The seizure amount is then XNUMX euros.
Calculation of the attachable income according to § 850c ZPO
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How much money am I entitled to monthly in the event of personal bankruptcy?
Income of up to EUR 1.339,99 net per month may not be attached. The debtor is entitled to the full amount of income up to this limit. He does not have to pay any money to the insolvency administrator to reduce his debts.
What may not be attached Account?
How high is the garnishment protection limit? The garnishment protection limit for earned income is at least 1.339,99 euros net per month (applies from July 01.07.2022, 30.06.2023 to June XNUMX, XNUMX). This amount may not be attached. Please note, however, that if you have an account garnished, you must take care of this protection yourself.
What can be attached in 2023?
Since the last adjustment in July 2021, the attachment-free limit has been EUR 1.252,64 per person in non-attachable income. It will increase by 1 percent on July 2023, 6,2. Specifically, this means a non-seizable amount of 1.330,16 euros. However, this applies to a debtor without maintenance obligations.
Can the cell phone be confiscated?
Our answer: A mobile phone can generally be seized. The bailiff will probably only do this if the device is of high quality. However, since electronic devices lose value very quickly, it is usually the case that you can keep your cell phone.
How much can you have in a P account?
A P account automatically offers garnishment protection of 1.340 euros per calendar month. Further amounts can be released on proof. To convert a current account into a seizure protection account (P-account), a corresponding conversion request by the account holder: inside their bank is sufficient.
How high is the garnishment table 2023?
Attachable amount according to the number of maintenance obligations (2022) From July 1, 2023, 36,13 euros of your net wage can be attached according to the attachment table. If you were responsible for the maintenance of three people, your net salary should no longer be seized.
How high is the allowance for a P account in 2023?
4. What is the current allowance? From July 1, 2023, the basic amount that cannot be attached will be EUR 1 (previously: EUR 330,16) per month. This corresponds to an increase of 1%.
Is the 13th salary attachable?
According to § 850a No. 1 ZPO, half of the part of the income paid for the performance of overtime hours cannot be attached. According to Section 31.12.2021a No. 850 ZPO, Christmas bonuses cannot be attached up to the amount of half of the monthly income from work until December 4, 500, but no more than EUR XNUMX.
Can a 450 euro job be seized?
Since the maximum possible income from a mini-job of EUR 450,00 is below the attachment exemption limit for a person without maintenance obligations of currently EUR 1.079,99 per month, these cannot be attached or you do not have to pay them to your insolvency administrator to satisfy the creditors.
Can clothing be impounded?
Therefore, the law provides for various objects that may not be seized. This includes items for personal use and household that allow for a simple lifestyle. Examples include clothing, furniture, televisions and kitchen appliances.
How much cash can the bailiff seize?
The bailiff can certainly seize cash in the apartment. But not that easy. You must always have as much money left over as you need to cover your living expenses until the next salary payment. This also applies to the confinement of bags.
What does the bailiff do on the first visit?
First of all, there will be a visit to your home so that the enforcement officer can get an overview of the valuables that are present. So it is not possible to ignore the debt, you have to actively deal with the issue.
Can the employer refuse the garnishment?
As an employer, you cannot simply refuse to pay a wage garnishment to the creditor with the enforceable claim.
Which special payments cannot be attached?
Non-seizable references are, for example:
vacation pay. Special Company Event Payments and Loyalty Funds. Expense allowances, allowances and other social allowances. Dangers, dirt and difficulty allowance.
Can a computer be impounded?
A debtor must make it credible that he necessarily needs the device for information gathering and communication. This will be possible for almost every debtor these days. This means that these devices are basically non-seizable.
What to do in the event of an account seizure despite a P account?
Yes, it is possible to apply for a P account even after receipt of an account seizure. After receiving the garnishment notice, the account holder usually has one month to apply for garnishment protection. The garnishment protection also applies retrospectively to the calendar month in which the bank account was garnished.
How can I protect my account from seizure?
Even after a garnishment has been served, the current account can still be converted into a P account and its special garnishment protection can thus be secured. However, this must be applied for at the bank. The bank is legally obliged to convert within four business days.
How much money in account garnishment?
The non-seizure basic amount (seizure exemption limit) is 1 euros per month from July 2023, 1.330,16. Until then, the limit of 1.252,64 euros applied. The amounts relate to the net income of the person concerned.
Is a P account mandatory in the event of personal bankruptcy?
If you are in debt and insolvency proceedings are imminent, you should definitely set up a P account. This is the only way you can protect a significant part of your income from seizure and ensure that your account management contract remains in place during personal bankruptcy/regular bankruptcy.
Can the insolvency administrator look at my account?
can. Pursuant to Section 80 InsO, the insolvency administrator is only authorized to administer and dispose of the debtor’s attachable assets, but the P-account cannot be attached within the exempt amounts pursuant to Section 850k ZPO.
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