If owners of a P account want to increase their seizure allowance, they must submit an application to the enforcement court. Here’s how to do it.
When expenses consistently exceed your income, debt grows. More and more bills remain unpaid – but at some point creditors want their money back and have your account seized.
To prevent your entire account from being emptied, you should have a seizure protection account set up with your bank. This protects part of your income, the basic allowance, up to a certain limit and, if you apply, even beyond that.
This is how high the basic allowance is
Only enforceable titles lead to account seizure
If you owe someone money, they will try to seize your income, such as wages, salaries, pensions, sick pay or unemployment benefits, if they suspect that you have enough income. But: A creditor who demands money from you must have an enforceable title. Enforceable titles include, for example, enforcement notices, court judgments, resolutions or notarial documents. Seizure due to unpaid invoices or reminders is not permitted.
Assets above the basic allowance are subject to seizure and are intended to be used to pay off your debts to creditors. However, the seizure protection can be increased under certain conditions.
Under these circumstances you can increase the allowance
You have the right to have the seizure allowance increased. However, this is only possible under certain conditions. When an increase is permissible is regulated by law in Section 850k Paragraph 2 of the Code of Civil Procedure (ZPO).
- you receive Child benefit.
- You need to Entertains pay to other people.
- You receive one-off social benefits (for example if the job center covers the costs of a school trip).
- you take Social benefits for individuals against whom you as a debtor are not obliged to support (for example in communities of need or patchwork families).
In addition, you can increase the garnishment allowance if you have a so-called illness Additional demand payments receive. Additional requirements refer to health food allowances that patients need for a more expensive diet due to illness or disability. Those affected receive additional needs payments on an ongoing basis, similar to care allowance. The money can also only flow once, for example if the health insurance company reimburses costs.
An increase in the seizure allowance due to high work-related expenses is also possible. For example, do you have high Travel costs to work, the law stipulates that the additional monthly expenses can be taken into account in a similar way to maintenance obligations. This can result in significant relief.
You need these documents for the increase application
The application that you have to fill out is called: “Application for setting an increased allowance on the P account”. The North Rhine-Westphalia consumer center provides Here is a sample template online available.
To provide credibility, you must add the following documents to the application:
- Bank statements from the last three months
- Salary certificate for the last three months or notice(s) for non-attachable income
- Copy of the relevant seizure order of the local court or the seizure order of a public creditor (e.g. tax office, employment office or statutory health insurance company) the account seizure
- if available: Copy of the relevant seizure order of the local court or the seizure order of a public creditor the garnishment of wages
- if available: P account certificate (increased tax allowance)
- if available: Proof of maintenance obligations or child benefit notice
You submit the application in writing to the local court, which is also responsible as the enforcement court, either informally or using the template from the consumer advice center (see above). However, your exemption limit will only be raised once the relevant decision has also been submitted to the third-party debtor, for example the employer. There is no application deadline. There are usually no costs for the court order.
You should also attach a certificate of everything you need to live with the application. Your life needs include not only what is necessary to survive, but also what is necessary for a decent life. The basic needs of life include food, clothing, housing and leisure time. You can get advice on this from the social welfare office responsible for you.
Good to know: If money is tight and you would like to quickly submit a self-written, informal application, then be sure to notify the enforcement court special urgencyby additionally applying for the “temporary suspension of the seizure”. Write: “I hereby request, in accordance with Section 906 Paragraph 3 No. 2 ZPO, that enforcement be temporarily stopped until the application has been decided.”
This is how you should apply if your travel costs to work are high
If you seek an increase in the seizure exemption limit because of your travel costs, this does not happen automatically. Since the enforcement court itself does not check whether the existing exemption limit of your P account needs to be increased due to high travel costs, you must also submit an application. As with all court decisions, the following applies: it depends on the individual case.
- According to the so-called provision principle in private law, you are obliged to prove to the responsible body – in this case the enforcement court – that an increase in the seizure exemption limit is justified due to high travel costs. For this you need one written request in accordance with §§ 850k Para. 4 ZPO to the enforcement department at the local court, which usually also orders the garnishment of wages or accounts.
- But the limits are narrow. Basically it can be said that courts provide an easy route to work about 40 kilometers is reasonable regard. So if you drive 80 kilometers there and back, this will generally not be recognized for a possible increase in the seizure exemption limit.
- In addition, high travel costs must not make it impossible for the account to be seized. When making a decision, courts always weigh up your personal living needs and yours interests of creditors.
2024-02-23 15:00:43
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