The attachment of earnings, whether part of the salary or other income, occurs when sums remain due to a creditor. To carry out this procedure, the latter must have an enforceable title noting a liquid debt (a quantified amount, not disputed by the debtor) and payable, that is to say, expired. While a garnishment can be made on salary, what happens in the case of a pension? What is the maximum amount that can be withdrawn?
Wage garnishment offers the ability to deduct part of the employee’s salary, regardless of their employment contract, to repay their debt. In this context, the employer directly pays part of the employee’s remuneration to the creditor. The employer is therefore informed by notification, a registered letter with acknowledgment of receipt, of an act of seizure. Within 15 days, he must inform the court of the employee’s situation in the company and of any other seizures in progress concerning this employee.
In the context of a wage garnishment, only part of the remuneration is seizable. The calculation must be made on the net salary after deduction of the withholding tax. Retirement pensions, basic and additional, as well as survivors’ pensions are also seizable, under the same conditions and limits as wages. The organization that pays you your retirement pension retains, under certain conditions, part of your retirement pension. In all cases, you will keep an amount at least equal to the fixed amount of the RSA for a single person, i.e. 598.54 euros, regardless of your family situation.
