Receiving a letter from a bailiff notifying you of a wage seizure often comes as a big shock. A portion of your salary or allowance goes directly to the creditor. Fortunately, you should never completely run out of income. You have the right to the seizure-free foot. In this article, we explain what wage seizure is, how the seizure-free foot is calculated, and what you can do if errors are made.
What is wage seizure?
Wage seizure means that the bailiff directly collects a portion of your salary or allowance from your employer or benefits agency.
-
Your employer must compulsorily implement this once they receive a seizure order.
-
The amount goes to the bailiff and then to the creditor.
-
You only keep the portion that is equal to or above the seizure-free foot.
👉 Wage seizure cannot be applied without a judgment or writ of execution.
What is the seizure-free foot?
The seizure-free foot is the portion of your income that you are always allowed to retain for living. This is regulated by law.
-
The amount depends on your family situation, income, and housing costs.
-
This includes rent, health insurance, and children’s costs.
-
The seizure-free foot is usually between 90% and 95% of the benefit standard.
👉 This amount must be minimally sufficient for basic needs.
How is the seizure-free foot calculated?
The seizure-free foot is calculated based on:
-
Your income and that of your partner (if you are cohabiting).
-
Your rent or mortgage costs.
-
The premium of your health insurance.
-
Any other benefits or allowances you have.
Example:
You earn a net income of € 2,000 per month. Your seizure-free foot is € 1,450.
-
The bailiff will withhold a maximum of € 550.
-
So, you will always retain at least € 1,450.
Common Mistakes in Wage Seizure
The seizure-free foot is often wrongly calculated. Common errors include:
-
Not taking housing costs or health premiums into account.
-
Not applying a correction for low incomes.
-
Not taking benefits or partner income into account.
-
Maintaining a seizure-free foot amount that is too low, causing people to retain too little.
👉 As a result, you could be receiving hundreds of euros less per month.
What can you do in case of low wage seizure?
-
Request a Recalculation
Provide proof (rent, health insurance premium, partner’s income). -
Check the Seizure Registry
Sometimes, multiple seizures have been made. Your lawyer can verify if this is correct. -
Make an Objection
If the bailiff does not make a correct calculation, you can make an objection to the court. -
Enlist Legal Help
A lawyer can verify whether the seizure-free foot has been calculated correctly and, if necessary, enforce at the court that you retain more.
Real-world Examples
-
Example 1 (Employee): An employee only retained € 1,000 monthly after wage seizure. After recalculation, his seizure-free foot was found to be € 1,450. He got an additional € 450 per month back.
-
Example 2 (Single Mother): A bailiff had not accounted for child allowance. The seizure-free foot was set too low. This was successfully corrected.
-
Example 3 (Beneficiary): A man with a welfare allowance faced wage seizure. As his income was already around the seizure-free foot, nothing could be withheld.
Wage seizure Checklist
-
📄 Always request a specification of the seizure-free foot.
-
📑 Check if rent, health insurance premium, and partner income have been included.
-
📝 Submit evidence to the bailiff in a timely manner.
-
⚖️ Request a recalculation if the amount seems too low.
-
👨⚖️ Engage a lawyer if the bailiff refuses to calculate correctly.
Frequently Asked Questions (FAQ)
1. How much can be withheld from my salary at most?
Never more than the portion above the seizure-free foot.
2. Can the seizure-free foot be adjusted retrospectively?
Yes, if the calculation was incorrect, it can be corrected retrospectively.
3. Does the seizure-free foot apply to bank seizure as well?
In case of bank seizure, you must take action yourself to retain a minimum amount.
4. Can they seize vacation money?
Yes, but the seizure-free foot must also be kept in account there.
5. What if there are multiple seizures?
Bailiffs must coordinate this via the seizure registry.
Why Arslan Lawyers?
-
Specialized in wage seizure and seizure-free foot
-
Helping with recalculation and objection against errors
-
Experienced in negotiations with bailiffs and creditors
-
Regular success in procedures to correct too low wage seizure
Conclusion
Wage seizure is significant, but you should never be left without enough income. The seizure-free foot protects you. Nevertheless, the calculation often goes wrong. Always verify this and seek legal help if you are in doubt.
