How much can a bailiff take? The new law works in favor of debtors
November 3, 2019
From January 1, 2019, new legal acts are in force that will fully reform the work of bailiffs. The Act on Court Bailiffs and the Act on Bailiffs Costs regulate matters related to filling bailiffs’ positions, territories, property declarations and other issues. Above all, however, it changes the rules for debt recovery.
What is the bailiff entitled to now? He enforces court judgments in monetary and non-monetary claims and secures claims, including European preservation orders on a bank account. It also secures the inheritance or inventory. He can identify the debtor to check his identity.
In addition to these tasks, the bailiff also:
- personally delivers court notices, pleadings and other court documents,
- draws up a factual report and
- at the request of the auction organizer – exercises official supervision over voluntary public auctions, with the lowest or highest bid accepted.
When conducting field activities, the bailiff is required to record his activities. This is due to numerous complaints submitted to bailiffs in previous years. Each time the recording will be attached to the files of the proceedings in order to be able to reconstruct the actual course of action if necessary.
When we know what the bailiff is entitled to, let’s check the most important issues: how much money the bailiff can take and how the bailiff draws debts.
50%, 60% or 100% – how much can the bailiff take in 2019?
Debt collection by a bailiff is conditioned by three factors.
- Are your debts due to maintenance or other reasons?
- Do you work on a contract of employment (full-time or part-time), job or work?
- Will you be entitled to the minimum wage after collecting debts?
We translate all cases below.
How much can a bailiff take from an employment contract?
You will pay 60% of your salary to a bailiff if your debts are based on maintenance and you work full time. However, if they result from other, unpaid financial obligations, the bailiff will take a maximum of 50% of the salary of a person who works full time.
The amount free of classes in 2019 is $ 2,250 gross (equivalent to the minimum wage). The bailiff will not take this money. Therefore, if you earn $ 1633 per hand, i.e. the national minimum, you will not give the bailiff anything. We present the remuneration attachment in the table below.
|Gross salary||Net salary||How much can a bailiff take?||How much money will be left to the debtor?|
|2250 $||$ 1663.78||$ 0||$ 1663.78 (minimum wage)|
|$ 2,300||$ 1669.05||35.27 $|
|2400 $||1738.57 $||104.79 $|
|2500 $||$ 1808.10||$ 174.32|
|2600 $||$ 1877.62||$ 243.84|
|2700 $||1947.15 $||$ 313.37|
|$ 2,800||2017.67 $||$ 383.89|
To calculate how much a bailiff can take from a part-time or one quarter full-time employment contract, you must multiply the minimum wage amount by the amount of time you work, i.e. 1/2 or 1/4.
How much can a bailiff take from a contract for specific work?
While the employment contract in the context of debt collection by the bailiff is beneficial for the debtor, the matter becomes more complicated in civil law contracts, such as contracts for specific work or assignments. Where the Labor Code does not apply, an official can take up to 100% of the amount earned by the debtor.
The full amount will not be seized if:
- a work contract is the debtor’s only source of income,
- I have been working for one “client” for a long time,
- his payments are repetitive (weekly, monthly, etc.),
- earnings from this contract are permanent.
The condition is to meet all of the above assumptions at the same time.
How much can a bailiff take from an order contract?
As we mentioned earlier, people who work on a mandate contract are in the same situation as those who do the work. The bailiff has the right to take up to 100% of his salary.
If the contractor meets the four criteria mentioned above (contract of mandate as the sole source of income, stable earnings, one employer, repetition of payments), he may apply to the bailiff with a formal request for exceptional treatment of his situation. The application is submitted so that the remuneration under the civil law contract is treated as if it resulted from the employment contract. The bailiff may or may not approve our application.
How much can a bailiff take from a pension?
Like a full-time employee, a pensioner is also protected by law. The minimum pension in 2019 is $ 1,100, of which the bailiff must leave $ 825, i.e. 75% of the minimum amount. But is all money over the mentioned $ 825 enforceable? No, because the amount to be recovered also has an upper limit.
The bailiff may take a pensioner over $ 825:
- up to 60% of money when debts are based on maintenance,
- up to 50% of money, when the arrears result from the use of paid stays in nursing homes, care and medical institutions and nursing and care institutions,
- up to 25% for any other execution.
How much can the bailiff take from a pension? Here, too, the law indicates that the amount free of classes is $ 825 (75% of the minimum pension). The pensioner will lose from the remaining money:
- up to 60% in the event of maintenance,
- up to 25% in the event of execution on another grounds.
Can a bailiff take a bank account?
Colloquially, there is talk of “bailiff entering a bank account”. The official has the right to do so. What exactly does this mean?
Attachment of the invoice means that the bailiff supervises the funds flowing in and out of the debtor’s account. Transfers that go to such an account are subject to execution. The debtor is always left with an amount free from attachment.
Can a bailiff take funds from the 500+ program or alimony?
If you are concerned that the bailiff will take the money affecting your 500+ or alimony account, you can be calm. The law regulates specific benefits that a bailiff cannot enforce. These are:
- money paid when the enforcement of maintenance is unsuccessful,
- family benefits,
- family, nursing and childbirth allowances for complete orphans,
- carer’s allowances,
- funds received from social assistance,
- integration benefits,
- parental benefits
- and the one-time “For life” benefit.
To sum up, bailiff enforcement is subject to legal regulations. In light of the laws in force since 2019, the bailiff must take into account the amount free of classes and may not take more than is specifically indicated in the debtor’s case (maintenance / non-maintenance debts). The law also protects people who receive benefits under the 500+ government program or maintenance.