Wages garnished bailiff, collection agency: garnishment-free amount 2023

Wage attachments from the employer or a seizure of household effects by a bailiff will take place regularly in 2022. Pay attention to the seizure-free amount that you can calculate yourself, the procedure and the family income. What is the seizure-free level from January and July 2022? As a judgment debtor, a bailiff may not withhold all your income. The bailiff has all kinds of legal means to collect debts, but a collection agency does not. Increasingly, collection is done with a wage garnishment on income or benefits. Also in case of non-payment of alimony, health insurance premiums or debts. Fortunately, there is a Central Digital Seizure Register and the seizure-free threshold is becoming simpler and higher for young people up to the age of 21. Young people are treated as equal to people over 21 years old, which means that their attachment-free threshold will increase sharply from January 1, 2022.

Contents:

  • Wage garnishment and collection agency
  • Role of bailiff in wage garnishment
  • What is a wage attachment by the bailiff?
  • Wage attachment of bailiff is a third party attachment
  • Rules for wage attachment and the attachment-free threshold
  • The employer and wage garnishment
  • Wage garnishment and rent debt
  • Bailiff rates in 2020
  • Wage garnishment for the collection of unpaid health insurance premiums
  • What is the social minimum?
  • Seizure of the contents
  • Continuous seizure in 2020
  • Prenuptial agreement
  • Central Digital Seizure Register CBR
  • Cost sharing standard is cancelled
  • Anti-fog base easier
  • Standards for seizure-free base January 1, 2020
  • Calculate additional attachment-free foot 2020
  • Standards for seizure-free footing July 1, 2020
  • Transition year 2021, entry into force of the seizure-free tax simplification law (Wvbvv)
  • Standards for seizure-free base January 1, 2021
  • Extra attachment-free foot January 1, 2021
  • Additional attachment-free foot January 1, 2022
  • Extra seizure-free foot July 1, 2022
  • Conclusion of garnishment of bailiff’s wages

Wage garnishment and collection agency

Everyone forgets to pay a bill sometimes. In most cases, this will mean that you will receive a reminder later. Afterwards, a collection agency is threatened. A debt collection agency may do a lot to target you on behalf of the creditor. He can write and threaten and charge all kinds of costs for his work. This means costs can quickly increase. Small debts become large amounts. A collection agency cannot take legal action or garnish wages. A collection agency will do everything it can to get the money.

Role of bailiff in wage garnishment

The bailiff, or bailiff for short, comes into the picture if the collection agency has not made much progress. He is a public official appointed by the Crown and can summon persons to appear in court in civil cases. This will save time when collecting debts. He is charged with executing a judgment pronounced by a judge, writs of execution from the Central Judicial Collection Agency, Information Management Group and the Chamber of Commerce. The bailiff also takes care of the collection. Anyone can hire a bailiff. A bailiff must behave properly, be independent, has a duty of confidentiality and must return an assignment if it becomes clear to him that the assignment can only be carried out with unlawful pressure. He is obliged to inform you of the possibility of funded legal assistance. A bailiff must:

  • Have a law degree.
  • Do a two-year internship in a bailiff’s office.
  • Have a certificate.
  • Be appointed by the head of state.

What is a wage attachment by the bailiff?

If there are debts for a loan, but also in the event of non-payment of alimony or health care premiums, a bailiff can impose a conservatorship and executory attachment on the employer. With an enforceable attachment, there is a judgment from the judge for a wage attachment, which may be executed immediately. The conservatory attachment is not yet a wage attachment, but a provision to safeguard money pending a court decision. An employer is legally obliged to cooperate with a seizure. In the event of a wage garnishment, the money is immediately transferred to the bailiff to pay off the debt. This attachment may relate to wages or benefits. Not everything may be collected. There is a seizure-free basis that cannot be seized without your permission.

Wage attachment of bailiff is a third party attachment

A third party attachment is placed by the bailiff on a third party, such as the employer or a benefits agency. To this end, the judgment creditor leaves a report with the employer. Multiple bailiffs can also impose attachments if there are multiple creditors. The first judgment creditor must then check whether there are also preferential creditors who have priority. A well-known preferential creditor is the tax authorities. If there are more bailiffs and debts involved, a wage garnishment also has advantages. The others must then report to the bailiff who first seized the property.

Rules for wage attachment and the attachment-free threshold

The seizure-free amount is at least 90% of the net social assistance standard, including holiday pay. Holiday pay or the thirteenth month can also be seized. Child benefit, housing allowance, childcare allowance and study costs allowance cannot be seized without your permission. The seizure-free amount depends on your situation, whether you are alone and your age. In addition, there may be reasons for a higher seizure-free level, such as:

  • The amount of the rent.
  • The low level of your partner’s income.
  • Circumstances that cause you to have more expensive health insurance.

A bailiff may halve the attachment-free amount if people form an economic unit and the partner’s income has not been declared after the bailiff has requested this.

The employer and wage garnishment

The employer is also burdened with all kinds of additional administration. The bailiff sends the employer an extensive questionnaire about the debtor’s income. If the employer or benefits agency does not answer this questionnaire within four weeks and return it signed, he runs the risk of being summoned himself. It is always wise to inform your employer before the seizure takes place, or to prevent the seizure by agreeing a payment arrangement. Not every employer is happy with the extra work, but a wage garnishment should not be a reason to dismiss you.

Wage garnishment and rent debt

There may be rent debt and rent arrears. After a few reminders, the collection of rent may be handed over to a bailiff. Please be aware that the costs can increase considerably. To give an idea, here are the costs of some official actions. These are enforceable titles that can be enforced.

Bailiff rates in 2020

Some examples with indicative amounts in 2020 (excluding VAT):

  • A summons by the bailiff costs 83.38.
  • A service title: 80.24.
  • A service of various attachments: 65.96.
  • If it comes to an eviction, the eviction of movable property will cost another 215.70. A witness costs extra.
  • Safe deposit box attachment costs 147.27.
  • A judicial detention: 226.01.
  • A foreclosure sale: 288.72.
  • A forced eviction of immovable property: 215.70.
  • Execution of corporal punishment: 250.72.

Wage garnishment for the collection of unpaid health insurance premiums

The health insurers have a defaulter scheme. After two months of non-payment, the insurer will write to you and send a payment reminder. You will be informed of the possibilities of debt assistance. Anyone who has not paid after four months will be notified again. Anyone who has not paid after six months will automatically be reported to the CAK Central Administration Office if no premium has been paid for at least six months. At the same time, a procedure is started to collect the premium due. This can be done with a wage garnishment via the employer, but also via any benefits agency. In addition, the debt is increased with a fine of no less than 30%. In the meantime, you cannot switch to another insurer without permission from the insurance company.

What is the social minimum?

The social minimum is the amount you need to provide for your living expenses and depends on the family situation:

Family situation

Social minimum as a percentage of the minimum wage

Single 21 years old

65%

Single from 22 years old

75%

Living together or married

100%

Seizure of the contents

In the event of an impending seizure of household effects, the bailiff will first come by to make an inventory. The estate list then contains goods that the owner must handle with care and which he may not alienate or sell himself. The bailiff determines which pieces are interesting enough for him to sell. All in all, a bad experience for the person who is at fault. An asset seizure mainly takes place on behalf of the tax authorities and benefit institutions, the Central Judicial Collection Agency and the Chamber of Commerce. Items such as the clothes you are wearing and that you need immediately, food and drinks for up to a month, and a necessary bed with bedding are free of charge.

Continuous seizure in 2020

A bailiff may seize a provisional income tax refund, an advance payment or allowance that exceeds the annual limit without having to seize it again. Previously, it was the case that a new seizure had to be carried out with a new calendar year.

Prenuptial agreement

In the case of prenuptial agreements that are registered in the matrimonial property register of the court registry, only the wages of the debtor can be seized, not of the partner. Anyone who gets married in 2020 will automatically marry in a limited community of property.

Central Digital Seizure Register CBR

Things regularly get out of hand with seizures, which means that people can fall below the minimum subsistence level in the event of multiple seizures at the same time. To address this, the government has announced a Central Digital Seizure Register, which will allow seizures to be better coordinated. In addition, the government wants to expand the list of goods that may not be seized. This process is progressing: on July 1, 2015, 25% of the bailiffs are connected to this CBR. This applies to all bailiffs. In this way, the costs of legal proceedings and/or enforcement costs can be limited and it is promoted that the debtor’s attachment-free threshold is calculated and applied correctly.

Cost sharing standard is cancelled

The cost-sharing standard reduces benefits, but this does not affect the attachment-free amount to which you are entitled.

Anti-fog base easier

The attachment-free amount is becoming simpler and people must be better informed about the possible consequences of not passing on income information, which can lead to an attachment-free amount that is too low. From January 1, 2020, the attachment-free amount will be a fixed amount depending on the situation as can be determined based on independent sources. No more bells and whistles, but a fixed amount. It is then a lot simpler for the bailiff to calculate the right amount of attachment-free amount and the debtor also knows better where he or she stands. The CBR will play an important role in this. This does not alter the fact that you should continue to monitor carefully whether the correct amount has indeed been calculated, because this regularly appears to go wrong, according to the Ombudsman in his report.

Standards for seizure-free base January 1, 2020

In 2020 it will become simpler and more people will receive a higher attachment-free threshold. In 2020, there will be an important change for people under the age of 21: from January 1, 2020, their attachment-free threshold will be equal to the attachment-free threshold for persons aged 21 and older. That makes a huge difference. The standards for a wage garnishment, the garnishment-free amount to which you are entitled, have also been slightly increased as of January 1, 2020:

Standards seizure-free foot 2020

family, younger than state pension age:

including holiday allowance

Each 21 years or older, with or without children

1,352.98

18, 19 or 20 years old, without children

1,352.98

18, 19 or 20 years old, with children

1,352.98

One person aged 18, 19 or 20, one person aged 21 to 66, without children

1,352.98

One person aged 18, 19 or 20, one person aged 21 to 66, with children

1,352.98

family, 66+ (AOW):

including holiday allowance

Married or cohabiting

1,434.98

Single parent 66+

1,058.63

Single, no family:

including holiday allowance

Single, under 21

947.09

Single parent, under 21

947.09

Single, 21 years or older, younger than 66 years (AOW)

947.09

Single, 66+ (AOW)

1,038.63

Calculate additional attachment-free foot 2020

In connection with healthcare premiums and housing costs, the seizure-free amount may be increased slightly. The exact increase depends on the rent you pay and the housing allowance you receive. If it concerns an owner-occupied home, the housing costs consist of the mortgage interest paid, leasehold, building insurance, minor maintenance, property tax levy, polder and water board charges and minor maintenance, but not the repayments or premiums for a capital insurance policy. The mortgage interest deduction is seen as additional income that is deducted from the attachment-free amount. The maximum increase for housing costs as of January 1, 2020 is:

Calculate maximum increase in seizure-free amount in connection with housing costs, 2020:

young people up to 23 years old

199.86

single-person household 23-AOW years plus (no pension yet)

368.34

single-person household 66 plus (state pension, pension)

370.16

two-person household 23-66 years (no pension)

321.09

double 23-66, adapted home due to disability

368.35

double 66 plus (pensionable)

371.97

three- or more-person household 23-66 years

349.94

three or more persons 23-66, adapted home due to disability

379.43

three or more person household 66 plus (pension)

383.06

Standards for seizure-free footing July 1, 2020

As of July 1, 2020, the amounts of the bed-free foot will increase slightly further:

Standards for seizure-free base July 2020

family, younger than state pension age:

including holiday allowance

Each 21 years or older, with or without children

1,361.61

18, 19 or 20 years old, without children

1,361.61

18, 19 or 20 years old, with children

1,361.61

One person aged 18, 19 or 20, one person aged 21 to 66, without children

1,361.61

One person aged 18, 19 or 20, one person aged 21 to 66, with children

1,361.61

family, 66+ (AOW):

including holiday allowance

Married or cohabiting

1,446.19

Single parent 66+

1,065.83

Single, no family:

including holiday allowance

Single, under 21

953.13

Single parent, under 21

953.13

Single, 21 years or older, younger than 66 years (AOW)

953.13

Single, 66+ (AOW)

1,065.83

Transition year 2021, entry into force of the seizure-free tax simplification law (Wvbvv)

As of January 1, 2021, the Wvbvv, the law simplifying the attachment-free basis, will come into effect. Two regimes are possible in 2021: the attachment-free rate that was determined before and that will be calculated in 2021. From 2021, a period of 12 months will run during which all seizure-free feet will gradually be determined according to the new system. The core of the new system is:

  • The income is calculated from the Basic Registration of Persons (BRP), the living situation and the policy administration.
  • A uniform calculation tool is available for the calculations.
  • There is a coordinating bailiff as a point of contact. This also prevents multiple bailiffs from collecting at the same time, without there being room for this.
  • There is a sequence arrangement that determines what attachments can be made if there are multiple incomes.
  • The maximum attachment-free amount is 95% of the social assistance standard (was 90% in 2020), even if the cost-sharing standard applies.

This means that at least 5% of the income is always used to repay debts, but the actual amount and therefore also the attachment-free amount depends on the individual situation. However, the uniform seizure-free rates can be given as of January 1, 2021, which will apply in the transitional situation:

Standards for seizure-free base January 1, 2021

As of January 1, 2021, the amounts of the bed-free allowance will be as follows under the transitional law:

Standards for seizure-free base January 2021

family, younger than state pension age:

including holiday allowance

Each 21 years or older, with or without children

1,382.71

18, 19 or 20 years old, without children

1,382.71

18, 19 or 20 years old, with children

1,382.71

One person aged 18, 19 or 20, one person aged 21 to 66, without children

1,382.71

One person aged 18, 19 or 20, one person aged 21 to 66, with children

1,382.71

family, 66+ (AOW):

including holiday allowance

Married or cohabiting

1,458.67

Single parent 66+

1,076.37

Single, no family:

including holiday allowance

Single, under 21

967.90

Single parent, under 21

967.90

Single, 21 years or older, younger than 66 years (AOW)

967.90

Single, 66+ (AOW)

1,076.37

Extra attachment-free foot January 1, 2021

Housing costs can further increase the seizure-free threshold:

Calculate maximum increase in seizure-free amount in connection with housing costs, 2021:

young people up to 23 years old

204.84

single-person household 23-AOW years plus (no pension yet)

376.89

single-person household 66 plus (state pension, pension)

378.71

two-person household 23-66 years (no pension)

328.85

double 23-66, adapted home due to disability

376.89

double 66 plus (pensionable)

390.52

three- or more-person household 23-66 years

358.37

three or more persons 23-66, adapted home due to disability

388.24

three or more person household 66 plus (pension)

391.87

Additional attachment-free foot January 1, 2022

Housing costs can further increase the seizure-free threshold. The seizure-free amounts have changed considerably as of January 1, 2022 and are as follows (maximum amounts):

  • for a single person: 1,691.66;
  • for a single parent: 1,814.73;
  • for married people without children: 2,236.89;
  • for married couples with one or more children: 2,262.98.

Extra seizure-free foot July 1, 2022

As of July 1, 2022, the amounts not included in the resources (seizure-free amount) will increase. The maximum amounts will then be:

  • for a single person: 1,707;
  • for a single parent: 1,830;
  • for married people without children: 2,260;
  • for married couples with one or more children: 2,285.

Conclusion of garnishment of bailiff’s wages

Always try to prevent a wage garnishment and contact the relevant bailiff in a timely manner for a payment arrangement. If there are more bailiffs, the others must report to the bailiff who first imposed a wage garnishment.

read more

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  • Everything about conservatory attachment and executory attachment