How much can the bailiff take from the debtor's salary?

The first element leading to the attachment of the debtor's assets is informing him of the fact, in particular what title the attachment relates to and what amount it is for. It is the aforementioned "seizure" that is the most frequently used procedure by bailiffs during enforcement proceedings (in the case of persons remaining in an employment relationship, it is an attachment of remuneration for work). As mentioned above, attachment is the most common procedure used, the most common because the bailiff will perform such an action only at the express request of the creditor, so it is on the creditor's side to indicate to the bailiff how to conduct the enforcement proceedings. The question then arises, how much can the bailiff take the debtor's salary?

How much can a bailiff take from your salary?

Undoubtedly, in the case of working people, seizure of remuneration for work is the most effective method of recovering receivables. In order to properly execute the attachment, the bailiff is obliged to inform the debtor that he is not allowed to receive remuneration (up to the indicated amount) for work until the debt is fully paid. An exception in this regard is the amount free from attachment, due to employees under the provisions of labor law, i.e. when an employee has been employed under an employment contract, the bailiff may not take the remuneration that is lower than the minimum remuneration applicable in a given year. However, not only the aforementioned employment contract is subject to seizure, but also other forms of employment, such as: mandate contract, contract for specific work, appointment or appointment.

In the case of employment under a full-time employment contract, the bailiff has the right to occupy max. 50% of the employee's salary. At the same time, not only the remuneration for work (i.e. the so-called basis) is subject to attachment, but also the bonuses and allowances to which the employee is entitled, cash severance pay, remuneration for annual leave and jubilee awards.

Can the bailiff take the entire salary under the mandate contract?

In the case of employment under a mandate contract or a specific task contract (i.e. civil law contracts), the bailiff has the right to take over the debtor's entire remuneration. The exception in this case is the debtor's difficult financial situation, in which the remuneration is the only source of income. Then the bailiff may only take 50% of the remuneration under the contract.

Restrictions on seizure of remuneration for work:

• maintenance payments - the bailiff may take 60% of the remuneration, the amount of which is irrelevant.

What benefits cannot the bailiff take?

The bailiff cannot take the following benefits:

• family benefits, nursing benefits, childbirth benefits, orphans benefits, benefits obtained from social assistance;

• inalienable rights, except for those whose disposal has been excluded by agreement;

• benefits granted by the State Treasury for scholarships, support or other purposes;

• benefits in kind intended to finance missions and other related expenses;

• benefits paid from personal insurance as well as compensations paid from property insurance in the amount of ¾ (this does not apply to enforcement aimed at satisfying maintenance).