Pension is not an income that can be protected from bailiffs. If you have debts and bailiffs’ execution has already begun, you can also collect debts to cover debt.
Pension and debt
For a large group of people, retirement is the main source of income. Often it is not as high as would be expected by the person who receives it, which is often the reason for getting into debt – not the only one, but one of the more frequent ones.
When retirement is low, pensioners often resort to loans for bills, for medicines, for other needs, not always charging them in banks, but in other financial institutions. They do not give any guarantee of security, but they often provide high installments for repayment. This may be the reason for the increase in debt and even the emergence of a spiral of debt. Repayments are necessary. Otherwise, the court bailiff and bailiffs will be involved in the repayment of the funds available to the debtor: retirement, real estate, and movable property.
How much does the bailiff take from pay?
When initiating the bailiff’s execution, the court bailiff finds out, among other things, what is the remuneration achieved by the debtor. At the same time it is important whether it is a remuneration from a contract for work, civil law contracts, pension and retirement. This is important due to the different amounts that can then be taken and protected by the debtor related to them. For example, in a contract for a contract, the bailiff has the right to take up the whole payment, while the contract of employment no longer.
The amount that the bailiff can take and which he can leave depends on the minimum wage applicable in Poland. In 2018, it is PLN 2,100 gross, while in 2019 it will amount to PLN 2,250. These sums are significant, because they mean that the amount free from seizure bailiffs is just PLN 2,100 in the current year. The bailiff must leave 1530 zlotys to the debtor’s account.
Bailiff occupation on remuneration
If the debtor receives the lowest national remuneration, according to the applicable regulations, the court bailiff will not take him out of the payment of a penny. However, it is a pretty illusion of security. It is enough to even exceed the limit to a small extent, eg by receiving a bonus, and the bailiff will take it to repay the debt.
At the same time, it must be remembered that the bailiff is limited by the bailiff’s seizure limit. The limit is maintained at 50% of the remuneration received for full-time work.
In the case of a lower income from part-time work, the situation is slightly different. Same as in the case of claims for maintenance debt. In the latter situation, the activity limit increases to 60%. The issue of recovering old-age pension also looks different.
How much debt collector can you take out of retirement?
As we have already mentioned, the pension is not specially protected against debt collection. If you have debts and only get your pension as the main financial means, then part of it can be taken up. However, here too the law specifies the amounts that can be deducted from it.
According to the regulations, the bailiff conducting the execution has the right to take up 25%. This means that the amount free from seizure bailment related to retirement is 75% of this benefit. Of course, if it is paid in the minimum amount.
As of 1 March 2018, the bailiff must leave the pensioner 75% of the benefit. Which means that from the lowest amount of PLN 1029.80, it will leave PLN 772.35. The same conversion rate also applies to debt enforcement proceedings.
Retirement and the amount free from attachment
As in the case of bailiffs’ execution from remuneration for work, in the case of enforcement from retirement, there is a minimum amount from attachment. If you are already a debtor, it is good to remember that.
The amount free from attachment is determined top-down. By appropriate legal provisions and constitutes a fixed sum of funds on the account of the debtor, which the bailiff can not take as part of the execution. Thanks to this, the legislator wants to provide the debtor with at least a minimum amount of financial resources that he will need in his daily life.
In the case of retirement, it is even more important that not every pensioner can or wants to take up additional work. Anyway, in the case of having a bailiff’s execution over each other, money from a source other than a pension, constituting a financial surplus, would be taken by a bailiff.
In the case of an amount free from attachment, it is essential that it is not affected in any way by debt or the number of executions that are carried out in relation to the debtor.
How much debt collector should you leave to the pensioner?
Having any financial resources is extremely important. A debtor, especially an age who would have been able to easily fall into a loop of financial debt without anything. The bailiff is obliged to leave a sum to his account. This sum is unstoppable and is to be able to survive the next days. It is 75% of the minimum pension, if it is higher, then the surplus will be taken by the debt collector to repay the obligation.
If the minimum pension is to increase, as the minimum wage increases, in such a situation the sum remaining in the pensioner’s account will change accordingly. Go to the website and check the available options.