Garnishment Table
The attachment table sets out the in Germany garnishment limits fixed for the personal monthly labor or social income. The debtor may keep these amounts in spite of seizure so that he and his relatives have a subsistence level to live on, and is regularly published in the Federal Law Gazette.
The seizure exemption limits depend on the number of dependent family members, i. i.e., dependent on the family members whom the debtor has to pay maintenance. Up to a certain level of income, there is initially the seizure allowance. If the earned income is above this attachment allowance, this part is divided up to a certain amount between the creditor and the debtor. This should motivate the debtor to generate more income. Everything that the debtor earns above the upper income limit (3,475.79 euros, up to July 2017 3,292.09 euros) is paid in full to the creditor or the insolvency administrator . In the case of a seizure protection account, only the respective non-seizable basic amount is generally used (since July 1, 2017, this has been set at 1133.80 euros per month).
The officially established attachment table is regularly adapted to the increased cost of living at intervals of two years . The last adjustment was made on July 1, 2017.
Table (July 2015 to June 2017)
This table only applies to Germany ( § 850c ZPO ).
| Monthly net income | Attachable amount based on the number of dependents | ||||||
|---|---|---|---|---|---|---|---|
| of euros | to euros | Alone (€) | 1 person (€) | 2 person (€) | 3 person (€) | 4 person (€) | 5 person (€) |
| 0.00 | 1,079.99 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 |
| 1,080.00 | 1,089.99 | 4.28 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 |
| 1,090.00 | 1,099.99 | 11.28 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 |
| 1,100.00 | 1,109.99 | 18.28 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 |
| 1,110.00 | 1,119.99 | 24.47 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 |
| ... | ... | ... | ... | ... | ... | ... | ... |
| 1,470.00 | 1,479.99 | 277.28 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 |
And so on, if you live alone and have no maintenance obligation, 7 euros will be retained from every 10 euros earned. Those obliged to pay maintenance do not have to pay anything up to EUR 1,479.99.
| Monthly net income | Attachable amount based on the number of dependents | ||||||
|---|---|---|---|---|---|---|---|
| of euros | to euros | Alone (€) | 1 person (€) | 2 person (€) | 3 person (€) | 4 person (€) | 5 person (€) |
| 1,480.00 | 1,489.99 | 284.28 | 0.98 | 0.00 | 0.00 | 0.00 | 0.00 |
| 1,490.00 | 1,499.99 | 291.28 | 5.98 | 0.00 | 0.00 | 0.00 | 0.00 |
| 1,500.00 | 1,509.99 | 298.28 | 10.98 | 0.00 | 0.00 | 0.00 | 0.00 |
| 1,510.00 | 1,519.99 | 305.28 | 15.98 | 0.00 | 0.00 | 0.00 | 0.00 |
| 1,520.00 | 1,529.99 | 312.28 | 20.98 | 0.00 | 0.00 | 0.00 | 0.00 |
| ... | ... | ... | ... | ... | ... | ... | ... |
| 1,700.00 | 1,709.99 | 438.28 | 110.98 | 0.00 | 0.00 | 0.00 | 0.00 |
For debtors who have 1 maintenance obligation, 5 euros are withheld from every 10 euros earned. People with more than 1 maintenance obligation do not have to pay anything up to 1,709.99 euros.
| Monthly net income | Attachable amount based on the number of dependents | ||||||
|---|---|---|---|---|---|---|---|
| of euros | to euros | Alone (€) | 1 person (€) | 2 person (€) | 3 person (€) | 4 person (€) | 5 person (€) |
| 1,710.00 | 1,719.99 | 445.28 | 115.98 | 2.72 | 0.00 | 0.00 | 0.00 |
| 1,720.00 | 1,729.99 | 452.28 | 120.98 | 6.72 | 0.00 | 0.00 | 0.00 |
| 1,730.00 | 1,739.99 | 459.28 | 125.98 | 10.72 | 0.00 | 0.00 | 0.00 |
| 1,740.00 | 1,749.99 | 466.28 | 130.98 | 14.72 | 0.00 | 0.00 | 0.00 |
| 1,750.00 | 1,759.99 | 473.28 | 138.98 | 18.72 | 0.00 | 0.00 | 0.00 |
| ... | ... | ... | ... | ... | ... | ... | ... |
| 1,920.00 | 1,929.99 | 592.28 | 220.98 | 86.72 | 0.00 | 0.00 | 0.00 |
If there are 2 maintenance obligations, 4 euros will be retained from every 10 euros earned. Debtors with 3 maintenance obligations do not have to pay anything up to 1,929.99 euros.
| Monthly net income | Attachable amount based on the number of dependents | ||||||
|---|---|---|---|---|---|---|---|
| of euros | to euros | Alone (€) | 1 person (€) | 2 person (€) | 3 person (€) | 4 person (€) | 5 person (€) |
| 1,930.00 | 1,939.99 | 599.28 | 225.98 | 90.72 | 0.49 | 0.00 | 0.00 |
| 1,940.00 | 1,949.99 | 606.28 | 230.98 | 94.72 | 3.49 | 0.00 | 0.00 |
| 1,950.00 | 1,959.99 | 613.28 | 238.98 | 94.72 | 6.49 | 0.00 | 0.00 |
| 1,960.00 | 1,969.99 | 620.28 | 240.98 | 102.72 | 9.49 | 0.00 | 0.00 |
| 1,970.00 | 1,979.99 | 627.28 | 245.98 | 106.72 | 12.49 | 0.00 | 0.00 |
| ... | ... | ... | ... | ... | ... | ... | ... |
| 2,150.00 | 2,159.99 | 753.28 | 335.98 | 178.72 | 66.49 | 0.00 | 0.00 |
If there are 3 maintenance obligations, 3 euros will be retained from every 10 euros earned. Debtors with 4 maintenance obligations do not have to pay anything up to 2,159.99 euros.
| Monthly net income | Attachable amount based on the number of dependents | ||||||
|---|---|---|---|---|---|---|---|
| of euros | to euros | Alone (€) | 1 person (€) | 2 person (€) | 3 person (€) | 4 person (€) | 5 person (€) |
| 2,160.00 | 2,169.99 | 760.28 | 340.98 | 182.72 | 69.49 | 1.29 | 0.00 |
| 2,170.00 | 2,179.99 | 767.28 | 345.98 | 186.72 | 72.49 | 3.29 | 0.00 |
| 2,180.00 | 2,189.99 | 774.28 | 350.98 | 190.72 | 75.49 | 5.29 | 0.00 |
| 2,190.00 | 2,199.99 | 781.28 | 355.98 | 194.72 | 78.49 | 7.29 | 0.00 |
| 2,200.00 | 2,209.99 | 788.28 | 360.98 | 198.72 | 81.49 | 9.29 | 0.00 |
| ... | ... | ... | ... | ... | ... | ... | ... |
| 2,370.00 | 2,379.99 | 907.28 | 445.98 | 266.72 | 132.49 | 43.29 | 0.00 |
If there are 4 maintenance obligations, 2 euros will be retained from every 10 euros earned. Debtors with 5 maintenance obligations do not have to pay anything up to 2,379.99 euros.
| Monthly net income | Attachable amount based on the number of dependents | ||||||
|---|---|---|---|---|---|---|---|
| of euros | to euros | Alone (€) | 1 person (€) | 2 person (€) | 3 person (€) | 4 person (€) | 5 person (€) |
| 2,380.00 | 2,389.99 | 914.28 | 450.98 | 270.72 | 135.49 | 45.29 | 0.13 |
| 2,390.00 | 2,399.99 | 921.28 | 455.98 | 274.72 | 138.49 | 47.29 | 1.13 |
| 2,400.00 | 2,409.99 | 928.28 | 460.98 | 278.72 | 141.49 | 49.29 | 2.13 |
| 2,410.00 | 2,419.99 | 935.28 | 465.98 | 282.72 | 144.49 | 51.29 | 3.13 |
| 2,420.00 | 2,429.99 | 942.28 | 470.98 | 286.72 | 147.49 | 53.29 | 4.13 |
| ... | ... | ... | ... | ... | ... | ... | ... |
| 3,290.00 | 3,292.09 | 1,551.28 | 905.98 | 634.72 | 408.49 | 227.29 | 91.13 |
If there are 5 maintenance obligations, 1 Euro will be withheld from every 10 Euro earned.
All amounts over 3,292.09 euros are fully attachable
Connections and laws
This type of enforcement is a seizure of a third party debtor , i.e. a natural or legal person who in turn owes the debtor something, e.g. B. as an employer. The whole thing happens with the help of a garnishment and transfer decision (PfÜB), in which both the debtor and the third party debtor are to be named.
The best known in this context are:
- Attachment of wages and salaries
- Attachment of current social benefits
- Attachment of account balances
- Attachment of life insurance claims
- Attachment of claims for damages .
When attaching wage and salary claims, the exemption limits based on the attachment table ( § 850c ZPO) must be observed to protect the debtor . The attachment table also takes into account reasonable maintenance obligations , i.e. This means that the exemption from attachment is lower for unmarried persons without children than for existing maintenance obligations. However, if you are attached yourself because of one of these maintenance obligations, the statutory exemption limits do not apply. Instead, the court has to set an appropriate exemption in individual cases , which is below the table ( § 850d ZPO).
Current social benefits (cash benefits) can be seized with the exception of social assistance such as earned income ( Section 54 SGB I ). This concerns z. B. pensions, sick pay , unemployment benefit , etc. However, a special feature is that no need for social assistance may arise.
If account balances were seized, the account holder had a 14-day seizure protection when social benefits were received on a current account ( Section 55 SGB I). In other words, even if the account was seized, the account holder was allowed to withdraw social benefits within 14 days (since July 1, 2010, previously 7 days; only applies if the account to be seized is not already a P-account ), only then was the corresponding one Credit no longer protected. This protection was abolished on January 1, 2012 (Section 55 SGB I was no longer applicable). Since then, there has only been protection against seizure via a P account .
See also
literature
- Hintzen: Garnishment of Wages 2010 , Stollfuß Media, Tables and Explanations, 27th Edition, ISBN 978-3-08-314010-8
- Lackmann: Foreclosure Law , 7th edition, 2005
- Musielak: Basic Course ZPO , 6th edition, Munich 2002
- Saenger (Ed.): Code of Civil Procedure - Hand Commentary , 1st edition, Baden-Baden 2006
- Stohler Walter: Collect money, foreclosure under Swiss law (SchKG), Bottmingen 2005, ISBN 978-3-033-00678-2
- Watzling: "Lohnpfändung", (with the new values from July 1, 2015) Haufe-Lexware, 8th edition 2015, ISBN 978-3-648-04961-7
Web links
- all notices about the seizure exemption limits
- Complete attachment table, valid from July 1, 2017 to June 30, 2019
