The amounts of deductions from the salary during the bailiff’s occupation are becoming smaller and smaller each year. Preferential – in this matter – persons employed on a full-time basis, as well as pensioners are treated. The amount free from deductions affects, among others an increase in the minimum wage, as well as changes introduced in the pensions and pensions laws. How much can a bailiff take from a salary? Let’s see.
What is the amount free from deductions?
As the amount free from deductions, the real and specified legal provisions are the sum of money that the bailiff is obliged to leave to the debtor. The amount free from deductions can not be regulated by the debt collector in relation to the amount or amount of debt. In practice, this means that the bailiff can enforce the debtor’s funds to cover debts, but it will never be the whole of his earnings. This year, the amount free from deductions increased, in proportion to salary increases.
How much debt collector can you take?
The bailiff may take away from the debtor a maximum of 50% of his earnings or 60% in the case of maintenance debts. The bailiff is obliged to leave the debtor remuneration with a minimum wage, which for the current year is PLN 2,100 gross.
This means that the bailiff will be obliged to allow the debtor a greater amount available than a year ago.
Deductions from a bank account
If the debtor’s salary is paid to a bank account, the bailiff can block the money on the account and take the amount above the free payment from the bailiff’s seizure. In the case of classes with a bank account, the amount free of attachment is 75% of the minimum wage.
In 2018, the minimum gross salary is PLN 2,100. 75% of this amount will be PLN 1575 net, and this is the sum the bailiff must leave on the account at the disposal of the debtor. If the amount of our remuneration is higher than the minimum amount, then the bailiff can take all the rest of the money from our account. However, it can not collect such a sum that would make it impossible to leave PLN 1575 net on the account specified by law.
Maintenance debt does not apply to the amount free from attachment. The bailiff can collect even the entire sum of money that will affect your bank account.
Deductions from a contract of employment
The provisions regarding the amount of the bailiff’s free of bailiffs have not changed since last year. The bailiff may still take up to 50% of the employee’s remuneration. His salary, however, can not be lower than PLN 2100 gross (ie PLN 1530 net). In practice, this means that 50% of the remuneration can be taken over for a person who earns more than PLN 3,000 on his hand.
However, this rule applies to employees who are employed on the basis of a full-time contract. For those who work only part-time, the amount free from attachment will decrease proportionally to part-time.
The situation of persons employed on the basis of a very popular mandate contract in our country is slightly less clear. In their case, the bailiff has the right to take up even the entire wage salary. The only exception, however, is when the salary from the civil law contract is the sole income of the debtor. However, this does not happen automatically, and the indebted person must refer the appropriate letter to the bailiff. Thanks to this, he can be covered by such rights regarding classes, as in the case of debtors working on the basis of a contract of employment.
The maintenance debtors have worse
The situation of maintenance debtors is a bit more difficult. Long-term maintenance has priority over other types of financial obligations. The bailiff may take up to 60% of the total remuneration of the debtor. It does not apply in such a situation also to recalculate how much money will be left to the debtor. The exception is the situation in which the debtor’s salary is very low. The bailiff can not enforce the amount of PLN 612 net – he is obliged to leave this sum in the hands of the debtor, even in the case of maintenance.
Debt collections in the case of pensioners and retirees
Debt collections will not omit pensioners. They will, however, be able to benefit from more preferential conditions than those employed. The amount free of seizure bailiffs is 75% of the minimum pension or annuity. Last year, the minimum amount of the pension increased to PLN 1,000, which means that the bailiff is obliged to leave the pensioners PLN 750. The minimum amount of the pension is PLN 750, which translates into the obligation to leave the pensioner in the hands of PLN 562.50.
The amount free of deductions is the protection of the employee’s remuneration against compliant and inconsistent classes. In the event of deductions for employee advances, fine or other penalties, the bailiff may only take away from the debtor an amount that is not lower than:
- minimum remuneration – in the net amount, i.e. after deducting all compulsory insurance premiums, as well as after settling all maintenance debts,
- 75% of the minimum wage – if there are deductions for employee advances,
- 90% of the minimum wage – if the employee was covered by financial penalties imposed by the employer.
The debtor may, on a voluntary basis, repay the existing debt, however, up to an amount not lower than:
- minimum wage,
- 80% of the minimum wage – in the case of full-time employees who pay fees to trade unions, group insurance policies or employers.
Bailiffs in the case of a civil law contract
A civil law contract does not protect the debtor against any bailiff classes. As we mentioned earlier, the bailiff can therefore take up 100% of the remuneration of such an employee. In the current year, there is no provision in the law on the amount free of seizure. The bailiffs have the right to enforce 100% of the remuneration that will affect the employee’s account.
There are, of course, deviations from this rule, but they depend on the good will of the debt collector and the presentation of relevant documents by the debtor. The debtor must prove that he has been working for a given company for a long time, and his receipts from the same employer are regular. In this case, the bailiff may apply the same law regarding bailiffs’ activities as in the case of debtors employed on the basis of a contract of employment.
It is also worth mentioning that bailiff’s deals concern all the debtor’s accounts. And the amount of classes on these accounts can not be greater than the minimum amount free of execution.