These benefits are not subject to bailiff enforcement.  The money will stay in your account

These benefits are not subject to bailiff enforcement. The money will stay in your account

The debt consists not only of unpaid installments or a bank loan. It also means no fees for utilities, fines or overdue alimony. In the event of enforcement proceedings, the bailiff may seize the bank account and part of the remuneration. At what height? Are benefits free of attachment?

A bailiff is a public official who operates under certain laws. In the event of proceedings, he may seize a bank account and deduct from it a specific amount of remuneration. Can he withdraw money from benefits?

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How much can a bailiff take from his salary in 2023? The exception is debt for non-payment of alimony

In the case of debts and initiation of enforcement proceedings, the bailiff in the first place, it takes over the debtor’s account together with his remuneration. In the case of an employment contract, he is left with the lowest national salary. From July 1, the amount free from seizure is PLN 2,784. Everything that the debtor earns over it, up to 50 percent. the entire remuneration, may be seized by the bailiff. The exception is alimony debt, where there is no deduction-free amount, and the bailiff can take up to 60 percent of the debt. salary. What is the situation with benefits?

What benefits cannot be taken by a bailiff? List

As we can read in the Code of Civil Procedure, bailiff enforcement are not subject to such benefits as:

  • payment for a child,
  • maintenance payments,
  • cash benefits paid in the event of ineffective enforcement of alimony,
  • benefits and family allowances,
  • nursing and childbirth supplements, for complete orphans,
  • allowances for carers,
  • social assistance benefits,
  • integration benefits,
  • child benefit,
  • good start benefit,
  • one-time benefit “for life”,
  • scholarships.

These benefits can be seized by the bailiff. At what height?

It is worth realizing that there are benefits that the bailiff may legally seize. We are talking about social benefits paid by the Social Insurance Institution, which are subject to other regulations (Act of 17 December 1998 on old-age and disability pensions), i.e.:

  • allowance,
  • sickness benefit and rehabilitation benefit,
  • funeral allowance,
  • when alimony is enforced, also unemployment benefit.

When non-maintenance enforcement is carried out, the bailiff may take 25 percent of the debt. the above-mentioned benefits. In turn, when it comes to debt arising from non-payment of alimony, it is already 60 percent. What is important, if the debt arose due to non-payment of alimony, the bailiff may seize all funds credited to the account, regardless of where they come from.

Source: Gazeta

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