Attachment of Wages

The debtors entitlement to have his wages paid can also be attached by the creditor. Since it involves a claim attachment, the attachment in this case also requires applying for an attachment and transfer order.

Attachment of wages is unpleasant both for the debtor as well as his employer. The debtor loses his employer’s respect whilst the employer has to provide the so-called 3rd party debtor statement implying that the employer has to work out which part of the wages has to be attached. Then he has to pay this amount to the creditor, after all there should still be enough left for the debtor to cover his cost of living and that he does not end up living at the public’s expense. For that purpose the legislator devised a table which should make it easier to work things out. (Enclosure to § 850 c ZPO).

The employer must also look carefully at the order of attachments. If he makes any mistakes then he is liable to the creditor who has a right to compensation.