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BEJ Beiușan Bogdan

Garnishment of wages, pensions and bank accounts

In practice, garnishment is the fastest form of enforcement. The bailiff doesn't take anything from the debtor's home: they send a notice to the employer, the pension office or the bank, which then withhold the money and transfer it to the enforcement account.

How garnishment works

Garnishment means that a third party who owes the debtor money, usually the employer or the bank, is required to pay that money to the creditor instead, up to the amount of the debt. The procedure is governed by Article 781 and following of the Code of Civil Procedure and is set up without a separate prior notice.

On wages and pensions the law doesn't allow the whole income to be withheld. Article 729 of the Code sets the caps: up to half of the net monthly income for child maintenance and child allowance, and up to one third for any other debt. When there are several garnishments on the same wage, the total withheld cannot go above half. If the net income is below the national minimum net wage, only the part above half of the minimum net wage can be withheld.

At the bank, things move faster. Once it receives the garnishment notice, the bank freezes the money already in the account and any money that comes in later, until the debt and enforcement costs are covered. This usually happens the same day or the next working day.

Some income can't be garnished at all, whatever the debt: state child allowances and child benefits, maternity benefits, benefits for caring for a sick child and death grants.

Steps in the procedure

  1. The creditor submits the enforcement application and the enforceable title at the office.
  2. The bailiff asks the enforcement court to approve the enforcement.
  3. Once it is approved, the bailiff identifies the debtor's employer, pension office and bank accounts.
  4. The garnishment notices are sent out, and the debtor is informed about each garnishment set up.
  5. The employer or bank withholds the money and transfers it to the office's enforcement account.
  6. The money is paid to the creditor, and the garnishment is lifted once the debt and costs are fully covered.

Documents you need

  • The signed enforcement application. We can fill it in together at the office.
  • The enforceable title: a court decision, a loan agreement, a promissory note or another document the law gives this force.
  • The debtor's identification details: name, personal ID number or company tax code, last known address.
  • If you know them: the debtor's employer and the bank where they have an account.
  • The lawyer's authorisation or a power of attorney, if you are not filing in person.

Frequently asked questions

Can I be left with nothing from my wage?

No. At most half of your net wage or pension can be withheld, and for ordinary debts the limit is one third. The rest of your income still reaches you, even if there are several garnishments.

What happens if the employer doesn't withhold the money?

The employer becomes liable. The creditor can ask the court to validate the garnishment, and the employer can be ordered to pay out of its own funds the amount it should have withheld.

The bank has frozen my account. What can I do?

Call the office and ask for the exact status of the case. You'll find out the total amount, meaning the debt plus enforcement costs. Once it is paid in full, the garnishment is lifted. If you think the enforcement is wrong, you have 15 days to file an objection to enforcement.

Can child allowance be garnished?

No. State child allowances and child benefits can't be taken for any debt, even when they are paid into the same account as your wage.

The information on this page is general and is not a substitute for legal advice on a specific case. For your situation, call the office: 0744 143 226.