Payroll Entry (or "Payroll Entry")
Verified 01 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)
Entering earnings (part of salary and possibly other income) allows a person, to whom an employee owes money, to obtain payment of the amount due to him. The employer must allocate part of the employee's salary to pay off the debt. The employee receives only a portion of his salary. But this sum cannot be less than the amount of elusive bank balance (SBI).
Terms
The creditor must have a enforceable title noting debt cash (amount encrypted and not disputed by the debtor) and due (payment due).
A creditor seeking payment of unpaid support may use this procedure. However, it may prefer:
- entrust this approach to the Caf or the MSA, (procedure for recovering outstanding payments up to 2 years before the application)
- or initiate direct payment (procedure for recovering outstanding amounts up to 6 months before the application and unpaid amounts from the application date).
Appeal to judge
Who's the judge?
The competent judge shall be the judge of the execution of the court on which the debtor's domicile depends. If the debtor is resident abroad or has no known domicile, the judge is the enforcement judge of the court on which the debtor's employer's domicile depends.
Who can take the matter to the judge?
The creditor may himself refer the matter to the judge, or appeal to a lawyer, or to a judicial officer (now called a commissioner of justice) or notary within the jurisdiction of the competent court, or to any other person who has a power of attorney.
Who shall I contact
Who shall I contact
Who shall I contact
How do I get the judge?
In order to refer the matter to the judge, a query, together with a copy of enforceable title.
The request may be written on free paper or be made with the form cerfa n°15708:
Request a Payroll Entry (or Earnings Entry)
The request must include the following information:
- Name, given names, profession, domicile, nationality, date and place of birth of the creditor
- Name and domicile of the person against whom the application is made, or, if legal person, its name and registered office
- Application Subject
- Name and address of the debtor's employer
- Separate account of amounts claimed in principal (i.e., amount initially due), overdue fees and interest and interest rate indication
- Information on the payment of sums seized
Hearing Call
The creditor and debtor shall be convened at least 15 days before the date of the conciliation hearing.
FYI
during the hearing, it is possible to be represented by a lawyer (paying).
During the hearing
The enforcement judge shall attempt to agree between the creditor and the debtor, in particular by granting time-limits for payment or by providing for reimbursement by partial payments.
If the debtor does not appear, the judge may order the seizure, unless he considers it necessary to reconvene.
At the end of the hearing
The hearing is concluded differently depending on whether or not an agreement has been reached between the creditor and the debtor:
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An agreement was reached
A conciliation report is drawn up. It shall be signed by the creditor and the debtor. Payday foreclosure does not take place.
However, if the debtor does not comply with the commitments he made at the hearing, the creditor may ask the court's secretariat-registry to proceed with the seizure without any further attempt at conciliation.
Who shall I contact
Disagreement persists
2 issues are possible, depending on whether the debtor contested the proceedings during the hearing:
The debtor did not contest the seizure
A record of non-conciliation shall be drawn up.
It shall indicate the amount of the claim for which the seizure may be made by the Director of Forensic Registry Services.
Within 8 days of the hearing, a notice of attachment is sent by registered letter with notice of receipt to the debtor's employer. The debtor shall receive by simple letter a copy of the document of seizure.
The debtor contested the seizure
A record of non-conciliation shall be drawn up.
The enforcement judge shall rule on the challenge, either immediately or at a subsequent hearing.
The judgement allows the Director of Forensic Registry Services to have the document of seizure drawn up.
- If the judgement is not enforceable, within 8 days of the expiry of the time limit for appealing against the judgement, the Registrar of the Court shall send a seizure by registered letter with notice of receipt to the debtor's employer. The debtor shall receive a copy of it by simple letter.
The debtor may appeal against the judgement within the time limit, to contest the amount of the withholding tax or to request a grace period. To do so, he must contact the judge on which his domicile depends, either directly or through a commissioner of justice (former judicial officer and judicial auctioneer), a lawyer or any other proxy holder. - If the judgement is enforceable, within 8 days of notification of the judgement to the parties, the court clerk shall send a seizure by registered letter with notice of receipt to the debtor's employer. The debtor shall receive a copy of it by simple letter.
The seizure document is sent by registered letter with notice of receipt to the employer of debtor. If the debtor works in a temporary capacity, the notice of seizure shall be sent to the temporary company of work.
The debtor receives a copy of the notice of seizure by simple letter.
The seizure document shall include the following information:
- Name, first name and domicile of the debtor and the creditor or, if legal person, its name and registered office
- Account of the amounts for which the seizure is carried out (principal, fees and interest due) and indication of the interest rate
- Method of calculating the amount of the amount of the installable fraction and how it is settled
Inform Registry
Within 15 days of receiving the act of seizure, the employer must inform the court registry:
- the employee's situation in the company (e.g. CDD or CDI)
- and any other pending seizures (direct payment of alimony, administrative seizure to third party holder, ...).
An employer who does not inform the court office may continue to €10 000 fine. He may also be ordered to pay damages.
At any time, the employer must inform the court office of a change that may suspend or terminate the seizure (e.g. sick leave, dismissal). He must do so within 8 days.
Make Input
Every month, the employer must pay to the court registry amount, without interruption until the end of the seizure notified by the Registrar.
In the event that the employer does not comply with the court's decision on wages, he may be considered personally as debtor and be obliged to repay the debt of his employee.
Please note
where the employee has more than one employer, the registry determines the deductions that each employer must make. If one of them can pay the full amount, he will be responsible for the seizure.
Most of the time, the amount of income that can be garnisheed is calculated from the accumulated net wages received in the preceding 12 months the act of seizure. The net salary includes:
- Salary (net of CSG: titleContent, CRD: titleContent and the income tax withholding tax)
- Overtime Pay Increases
- Benefits in kind
Please note
when the employee receives salaries from several employers, the income that can be garnered is calculated on all of these amounts.
However, the amount of income that can be claimed also includes:
- Daily sickness, maternity and accident at work allowances
- Supplementary allowances provided in the event of a reduction in hours (unemployment, part-time, temporary change to part-time)
- Unemployment benefits (benefits, aid and any other benefits paid by Pôle emploi)
- Voluntary retirement allowance
- Return to Work Allowance (RTA)
- Disability pensions and life annuities
- Superannuation and Reversion Pensions
- Solidarity allowance for the elderly (Aspa)
Family benefits can also be seized only in certain cases and only for the payment of certain claims.
On the other hand, certain amounts do not form part of the disposable income:
- Activity Award
- Representative professional expenses allowances
- Capital allowances or workers' compensation
- Retirement benefits
- Severance benefits resulting from the company's economic situation
- Conventional Break Allowances
- Termination benefits
- Custom Autonomy Allocation (Apa)
- Allowance for adults with disabilities (AAH) and increase for independent living (MVA), except for the payment of the maintenance expenses of the disabled person
- Specific Solidarity Allowance (SSA)
- Participation and incentive grants
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General case
Calculation of maximum input amount
Only a fraction of the income that can be garnered can be withheld by the employer.
This share shall be determined by scale defined for a live-alone debtor.
Total Monthly Seizable Resources | Seizable share | Maximum input amount (cumulative amount) | |
|---|---|---|---|
1re slice | Up to €347.50 | 1/20e | €17.38 |
2e slice | Beyond €347.50 and up to€678.33 | 1/10e | €50.46 |
3e slice | Beyond €678.33 and up to€1,010.83 | 1/5e | €116.96 |
4e slice | Beyond €1,010.83 and up to€1,340.00 | 1/4 | €199.25 |
5e slice | Beyond €1,340.00 and up to €1,670.83 | 1/3 | €309.53 |
6e slice | Beyond €1,670.83 and up to €2,007.50 | 2/3 | €533.97 |
7e slice | Beyond €2,007.50 | 100% | €533.97 + all amounts beyond €2,007.50 |
Example :
- For the obligor whose total monthly resources receivable are €1,500, the amount of the seizure may be up to €309.53 - (€1,670.83 - €1,500) x 1/3 €252.58 per month.
- For the obligor whose total monthly resources receivable are €2,500, the amount of the seizure may be up to €533.97 + (2500 - €2,007.50) =€1,026.47 per month.
The amount of the instalments shall be increased for each dependant of the debtor by €134.17.
Dependants of the debtor shall, on presentation of supporting documents, be:
- Spouse, partner of Civil partnerships: titleContent or partner whose resources are less than €598.54
- Dependent children (living with or for whom support is paid)
- Ascendant less than €598.54 and who lives with him or for whom he pays alimony.
FYI
it is mandatory to leave the debtor at the disposal of the debtor elusive bank balance (SBI), that is at least €598.54.
Estimated amount of input
It is possible to estimate the maximum amount that can be seized using a simulator.
Estimate the amount of the salary (or earnings) attachment
Warning
the nature and amount of the amount seized must be stated on the pay slip, otherwise the employer will be punished.
Unpaid alimony
The total amount of income that can be seized, except for elusive bank balance (SBI).
The SBI is the minimum amount to be left to the debtor.
This sum shall not be less than €598.54.
Warning
the nature and amount of the amount seized must be stated on the pay slip, otherwise the employer will be punished.
The release the seizure may take place:
- Either after a written agreement between the debtor and creditor has been forwarded to the court registry.
- Or after the judge found that the debt is fully repaid.
To do so, the debtor must file his application or send it by registered letter to the court office.
The release of the seizure is notified to the debtor's employer within 8 days of the judge's decision.
Who can help me?
Find who can answer your questions in your region
FAQ
- Unpaid maintenance: recovery by the TreasuryService-Public.fr
- Unpaid child support: involve the Caf or the MSAService-Public.fr
- Compensation Entry ScheduleMinistry of Justice
News
Saisies sur rémunérations : nouveaux barèmes à partir du 1er janvier 2023
Publié le 03 janvier 2023
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