In case of financial problems, it is possible to garnish wages from the debtor’s employer. As a result, he no longer receives his salary himself, but it is transferred to the bailiff. Bailiffs have options at their disposal to ensure that creditors actually receive their credit. Most consumers with debts try to pay them off as quickly as possible. Others cannot or do not want to pay the debts. The bailiff imposes a wage garnishment to prevent the income from being spent on matters other than repaying the debts. A wage garnishment can be imposed on a salary, but also on a benefit.
What is a wage garnishment?
As soon as the debtor no longer meets his obligations to pay creditors, a wage garnishment can be imposed. After garnishing wages, the employer is obliged to transfer the income to the bailiff instead of the employee. There are two forms of wage attachment, namely: a conservatory attachment or an executory attachment. In the case of executory attachment, the judge has already pronounced a judgment and in the case of conservatory attachment, the judge’s official decision must still follow.
Method of levying a wage garnishment
The bailiff can inquire from the debtor who his employer is. If he cannot find out in this way, the bailiff can inquire with the UWV who the employer is. The bailiff will impose an executory attachment or a conservatorship attachment. The bailiff or the Tax Authorities will inform the employer of the measures to be taken. The employer is then obliged to cooperate in this. The employer must inform the bailiff to which income components the employee is entitled. All components will be included in the wage garnishment, including a thirteenth month and holiday pay. Expense reimbursements are not included in the wage garnishment. If the employer pays the wages to the employee instead of the bailiff, he is even punishable.
The employee will need to have access to an income to prevent further debts from arising. The employee who has had a wage garnishment imposed remains entitled to a garnishment-free basis. This is the minimum amount he must have available to survive on a monthly basis. The amount of this amount depends, among other things, on the fixed costs, marital status and partner’s income.
Wage garnishment for non-payment of alimony
It is becoming increasingly common for alimony obligations to be met poorly or not at all. The National Office for the Collection of Maintenance Contributions (LBIO) can help collect alimony payments. They have options to force an ex-partner to fulfill his or her obligations to the ex. They can also do this by garnishing wages.
Employer and wage garnishment
A wage garnishment can have a major influence on the further career with the employer in question. Employing employees with major problems in their private situation is undesirable for the employer. These employees often cannot concentrate on their work and are more likely to be ill due to the tensions. If the employee still has a temporary contract when the wage garnishment is made, he will have a smaller chance of extending the contract.