If you have a debt and take a bailiff’s account, every look at the bill is awesome. If you work and the payment goes to your account, and you feel anxious every month, it’s a sign that you do not know how much the bailiff can take. It is worth noting at once: not everything.
Amount free from bailiff’s involvement
The amount that the bailiff can not take turns to change, along with changes in the minimum wage. In 2018, it amounts to PLN 2,100, the year before was PLN 2,000. This relationship is based on the fact that when the minimum wage grows, the benefits related to it also grow, including the amounts that are exempt from deductions. Under the slogan “the amount free from seizure” is understood as the amount of money fixed by law, which the bailiff must leave to the debtor. There can not be a situation when the bailiff takes everything without leaving the indebted person with any means to live. Sometimes bailiffs demonize in such a way, claiming that they take every zloty, but it is a mistake. The bailiff is primarily a public official and does not act arbitrarily, but by virtue of regulations and court decisions.
At the same time, the amount free from attachment does not affect the amount of debt held by the debtor or the number of bailiffs’ executions that he has over himself.
The amount for the bailiff and the salary
If the debtor is employed and receives remuneration for the work performed, the bailiff has the right to enforce the funds for the debt, just from this remuneration. However, he can not take the whole. Currently, the bailiff must remember about:
- leaving to the debtor the amount of the minimum remuneration for work;
- not exceeding the upper bailiff’s interest limit, which is up to 50% of the payment or 60% of the payment if the debt is related to the maintenance debt.
When the bailiff closes the account, the bank prevents the debtor from disposing of the amount that is subject to bailiff’s seizure.
Seizure of a bank account by a bailiff
When the bailiffs’ execution begins, on the basis of a court order provided with a declaration of enforceability. One of the first bailiff’s decisions is blocking a bank account, which is affected by the payment of the debtor. After blocking, the bailiff has the right to take the rest of the payment, ie the sum above the amount which is exempt from bailiff’s seizure. The amount free of the bailiff’s transfer is 75% of the salary, the bank may pay the debtor from his seized bank account. In 2018, such calculations mean that the bailiff must leave the debtor PLN 1,575, which results from the minimum wage (PLN 2,100 already mentioned).
The amount indicated is the amount that must be left for the debtor from which the bailiff can not take up to 10 cents. However, if the debtor receives proceeds in excess of this sum, whether significant or small, then the bailiff has the right to take it against the debt.
Such a principle is to protect the debtor’s existence and provide him with the opportunity to meet his current needs without resorting to “black jobs”. At the same time, it must be remembered that the case is different when the debt results from non-payment of maintenance. In the case of such debtors, they are entitled to the entire payment they receive.
Bailiff occupation at the employment contract
Although the minimum amount of remuneration that has been in force since the current year has changed, the calculation of the amount that can be taken by the bailiff has not changed. A debtor who receives income under a contract of employment as part of a bailiff’s execution may have a 50% remuneration. At the same time, his income can not be lower than the national minimum. This means that 50% of remuneration for work can be taken only for those people who receive PLN 3060 net. If the debtor earns less, the whole 50% will not be deducted, because in his account, according to the law, there will be a sum of PLN 1530.
Bailiff occupation with a part-time job
A full-time employment contract is not the only contract that protects part of the debtor’s funds prior to the bailiff’s occupation. Part-time employees are also protected. The bailiff is obliged to keep the amount free from attachment in their case, however, the amount is lower than the amount applicable to full-time employees.
The bailiff sets the amount that will not be taken by calculating the minimum gross salary in proportion to the full-time job and deducting it from the tax and ZUS contributions. The amount that the bailiff must leave can not be less than the net minimum salary. This means that if the debtor receives PLN 1,700 net, then the bailiff can not take up PLN 1530 (the equivalent of the minimum net fee). The sum she can take is PLN 170.
Bailiff occupation with a contract for a task / order
Many people are currently working on a contract for a work or contract of mandate. When the debtor is employed on the basis of one of these civil law contracts, he has no protection of his remuneration before the bailiff’s occupation. It can be fully occupied, without leaving a minimum amount of remuneration, characteristic of other contracts. When bailiffs take civil-law contracts, the bailiff takes all salaries, he leaves no part to the debtor, regardless of whether it is small or high on a monthly basis (currently, the work rate per hour of work for the contract is 13.70 PLN) gross). The bailiff who has an enforceable title has the right to take the entire amount.
However, a situation may arise that the debtor, although working on a contract, has been working for a long time with one employer, this is his only source of income, and the contract is renewable every month. In such a situation, the bailiff may agree to treat the debtor as he would in the case of employment under a contract of employment. However, this will not happen spontaneously. The debtor must act on his own, report the manner of his work to the bailiff together with the application and documents useful for supporting his request.