Wage garnishment

Wage garnishment is the seizure of part of the debtor's wage claim. The enforcement office sends a notice instructing the employer to make deductions, which the employer must transfer to the enforcement file.

Only a portion not exceeding the statutory cap may be garnished, taking into account what the debtor and their family need to live on. Maintenance claims are not subject to this cap, and current maintenance deductions take priority over other attachments. Multiple garnishments are queued, with a later one starting only after the earlier is satisfied.

An employer who ignores the garnishment notice becomes personally liable for the amounts not withheld. Retirement pensions may as a rule not be garnished without the debtor's consent, and case law developed in favour of pensioners governs the withdrawal of such consent during enforcement.