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Source: BUS Sachsen-Anhalt (Linie6PLus)

Description

Has your current account been seized and you cannot access your balance?

With a garnishment protection account, you can protect your credit balance from garnishment to a certain extent and dispose of it freely. All types of income are subject to garnishment protection, including income from self-employment or third-party benefits.

From 01.07.2023, the garnishment allowance will be 1,410.00 euros per calendar month.

The garnishment allowance may be increased according to your life situation. This is particularly the case if you provide maintenance to one or more persons due to a legal obligation. In these cases, the following increased garnishment allowances apply:

  • 1,937.76 euros in the case of a maintenance obligation towards one person,
  • 2,231.78 euros in the case of maintenance obligations towards two persons,
  • 2,525.80 euros for maintenance obligations towards three persons,
  • 2,819.82 euros for maintenance obligations towards four persons and
  • 3,113.84 euros for maintenance obligations towards five or more persons.

Child benefit, benefits to secure your livelihood and certain one-off special benefits, such as costs for a school trip, initial equipment for your home, for clothing or for the birth of a child, cannot be seized. You must prove this to your bank with a corresponding certificate, which may be issued by the following bodies or persons:

  • Employers,
  • family benefits offices,
  • Social benefit providers (job center, basic income support),
  • Recognized debt counselling agencies,
  • Lawyer/tax consultant.

Each of these bodies is required to issue the certificate for tax-free allowances for you in their area of responsibility. The debtor and insolvency advice centers commissioned by the city only issue the certificate to those seeking advice who are undergoing advice. The certificate is usually issued free of charge by employers, family benefits offices and social benefit providers (job center, basic income support), while lawyers and tax consultants generally charge a fee.

Courts do not issue these certificates.

If not all of the protected monthly credit is used, it can still be used in the following three months. Example: You have received income of 1,000.00 euros. At the end of the month, you have only used 800.00 euros. The remaining 200.00 euros can be saved for three months. After that, they are due to the creditor.

The bank can report the creation, deletion and revocation of a seizure protection account to SCHUFA. This is to prevent debtors from having more than one seizure protection account. However, this notification has no effect on SCHUFA's assessment of your creditworthiness.

  • You may only hold one garnishment protection account.
  • If your current account is a joint account, it must first be divided into individual current accounts per person.
  • To obtain attachment protection, you must have your current account converted into an attachment protection account. You do not need to cancel your current account to do this. You must inform the bank in writing, stating your IBAN, that you wish to convert your account into a seizure protection account. The protection applies retroactively to the first of the month if you initiate the conversion to a garnishment protection account before one month has passed since the garnishment, i.e. since the bank received the garnishment order.
  • You can also request the conversion as a precautionary measure even if there is no garnishment.
  • SCHUFA will be informed that you have a garnishment protection account. You must state in the conversion letter that you do not have another garnishment protection account.
  • You must provide evidence of living circumstances that lead to an increase in the garnishment allowance.
  • Application for garnishment protection/extension of garnishment protection
  • Salary or wage statements for the last three months

The following certificates are required if there are corresponding maintenance obligations, for example towards your children or your spouse:

  • Marriage certificate as proof of an existing marriage,
  • Birth certificate or registration certificate for children living with you in the same household,
  • Birth certificate or paternity certificate for children who do not live with you in the same household,
  • Bank statements for the last three months showing that maintenance is paid regularly for these children or other relevant documents, e.g. receipts from the child's mother.

The following certificates are required if garnishment is already being levied on the employer:

  • a certificate from the employer,
  • the amount of the balance of the amount to be garnished,
  • garnishment and transfer orders that effect the garnishment of earned income or the reference number and the court that issued the order.

If you wish to submit the application with the help of the legal application office of the competent enforcement court:

  • Identity card or passport with registration certificate
  • A certificate must be submitted to the bank as proof of other dependants or child benefit or care allowance. Certificates are admissible:
    • from your employer
    • from the family benefits office
    • your social benefits provider or
    • the debtor and insolvency counseling service.

If you are unable to provide the bank with such proof or if there is a special case, e.g. in the case of simultaneous seizure from your employer and the bank, you can apply to the competent enforcement court to change the seizure allowance.

The application is free of charge. In principle, banks and savings banks may charge corresponding fees for maintaining a seizure protection account, similar to the previous account management fees. If the account-holding bank increases the account management fees inadmissibly after conversion, you can complain about this to the respective consumer advice centers in the catchment area, which can issue a warning about such business practices by credit institutions if necessary.

  • You submit the application in writing.
  • You must give reasons for your application. You enter the IBAN of the current account that is to be converted into a garnishment protection account.

The following information is available:

You can turn to the local court, for example, if

  • the competent authority refuses to issue a certificate,
  • the non-garnishable amount of your earned income is above the basic amount,
  • you receive a one-off top-up, e.g. vacation pay and/or Christmas bonus.
  • you receive one-off cash benefits within the meaning of the SGB.

Ministry of Justice and Health in Schleswig-Holstein

No authority found