The scandal surrounding the repo class. Not taking your salary? The fact looks different

dailyblitz.de 2 months ago

Many Poles believe that the minimum wage protected by the law is simply a kind of shield that protects them from the actions of the bailiff. Unfortunately, although any of the earnings are safe, this does not mean full immunity. The changes that entered into force on 1 July 2024, concerning the minimum wage, as well as the different rules for the occupying of wages by bailiffs, make considerable confusion among debtors. It is worth knowing precisely what is protected and what the bailiff can take as part of the execution.

Minimum national protected – but not for everyone!

In Poland, the minimum wage from 1 July 2024 is PLN 4242 gross monthly (approximately PLN 3221 net). It is this amount that is protected from being occupied by the bailiff, which means that people who gain precisely the minimum wage can sleep peacefully – the bailiff has no right to occupy nor the gold. However, the situation is complicated erstwhile the debtor's earnings exceed this limit.

For those who gain above this amount, execution is possible. Depending on the kind of debt, the bailiff may take 50% of net remuneration. However, it is worth noting that for maintenance debtors the issue is different – here the amount of deductions can scope up to 60% of net revenue. specified differences in treatment of indebted persons arise from the precedence of alimony, which in the Polish legal strategy are always the first.

What won't the bailiff decision a finger?

Although bailiffs have a wide scope of enforcement options, there is besides a list of benefits that are protected from occupation. These include:

  • Minimum remuneration from employment contract
  • Mission allowances
  • Family benefits and alimony
  • Maternity and paternity allowances
  • Part of compensation for the time of illness
  • Support for starting a career

Although these benefits are protected, it should be remembered that people working on civilian law contracts (e.g. contract, contract for work) cannot anticipate the same protection unless it is their only origin of income. In that case, they may fight to treat their remuneration in a manner akin to that resulting from the employment contract.

Alimony – an executional horror for debtors

Obtaining alimony pay is simply a subject that gives emergence to peculiar emotions. The comms have their hands full here, due to the fact that they can take distant until 60% of net remuneration, regardless of the amount of income. In addition, alimony has priority before another obligations. If the debtor has multiple debts, another claims must give way to a mandatory maintenance seat. Children, as beneficiaries of alimony, have priority, which may origin the debtor to be incapable to settle his another liabilities.

Exceptions that may surprise you!

Although the minimum remuneration protects against the attachment of the bailiff, this regulation ceases to apply to alimony. In addition, if the debtor voluntarily agrees to higher deductions, the bailiff may take over more than standard limits. Moreover, if the debtor's income comes from different sources – e.g. a basic wage plus a bonus or respective contracts – each component of the wage is treated separately. This may lead to mistakes and misunderstandings that consequence in higher deductions than the provisions.

Although government protects any of the remuneration from being taken over by the bailiff, this does not mean full immunity. Minimum remuneration is simply a barrier which is only safe until the debtor has no maintenance obligations. In specified cases, execution can scope higher amounts and the deduction mechanics is much more severe. The key to an effective defence against excessive deduction is cognition of legal provisions. Without knowing about your rights, you can easy lose more than expected.

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The scandal surrounding the repo class. Not taking your salary? The fact looks different.

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