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Payroll Entry (or "Compensation Entry")

Verified 01 janvier 2022 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

The collection of earnings (part of salary and possibly other income) allows a person to whom the employee owes money to obtain payment of the amount due to him. Employee is called debtor and the other person is called creditor. The employer must allocate part of the employee's remuneration to the creditor's repayment. The employee receives only part of his salary. This amount cannot be less than the amount of elusive bank balance.

Terms

The creditor must have 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).

Seek Judge

The creditor refer the matter to the court on which the debtor's domicile depends. If the debtor resides in the foreigner or has no known domicile, the creditor shall refer the matter to the court where the debtor's employer remains.

The gait is free.

The creditor shall forward query to the secretariat-registry of the court.

The request must contain a copy of the enforceable title.

The request is made on free paper or using the cerfa form n°15708.

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 personits name and registered office
  • Application Subject
  • Name and address of 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
Who shall I contact

Hearing Call

The parties (creditor and debtor) shall be convened at least 15 days before the date of the conciliation hearing.

  FYI : during the hearing, you can be represented by a lawyer (fee-paying).

During the hearing

The judge tries to agree with the parties, notably by granting payment deadlines or by providing for reimbursement by partial payments.

At the end of the hearing

If an agreement is reached

A conciliation report is drawn up. It shall be signed by the creditor and the debtor. The Remuneration Entry does not take place.

However, if the debtor does not comply with the commitments he made at the hearing, the creditor may request the court secretariat-registry to proceed with the seizure. This is without a new attempt at conciliation.

If disagreement persists

2 issues are possible, depending on whether the debtor contested the proceedings during the hearing:

Répondez aux questions successives et les réponses s’afficheront automatiquement

The debtor did not contest

A record of non-conciliation is drawn up.

It shall indicate the amount of the claim for which the seizure may be made by the Director of Court 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 disputed

A record of non-conciliation is drawn up.

The 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 appeal 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 judicial officer, a lawyer or any other proxy.
  • 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.
Who shall I contact

The document of seizure 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 company of temporary employment.

The debtor receives a copy of the notice of seizure by simple letter.

The document of seizure shall include the following information:

  • Name, first name and domicile of the debtor and the creditor or, if legal personits 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 fails to inform the court office may €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.

Enter

Every month, the employer must pay the amountwithout 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, CRD 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 case of reduction of hours (unemployment, part-time, temporary change to part-time)
  • Unemployment benefits (benefits, aid and other benefits paid by Pôle emploi)
  • Voluntary retirement allowance
  • Return to Work Allowance
  • Disability pensions and annuities
  • Superannuation and pension reversion
  • 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 disabled adults (AAH) and increase for independent living (MVA) except for the payment of the maintenance costs of the disabled person
  • Specific Solidarity Allowance (SSA)
  • Participation and incentive grants

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.

Maximum input amount for each monthly installable resource tranche

Total Monthly Seizable Resources

Seizable share

Maximum input amount

(cumulative amount)

1re slice

Up to €328.33

1/20e

€16.42

2e slice

Beyond €328.33 and up to€640.83

1/10e

€47.67

3e slice

Beyond €640.83 and up to€955.00

1/5e

€110.50

4e slice

Beyond €955.00 and up to€1,266.67

1/4

€188.42

5e slice

Beyond €1,266.67 and up to €1,579.17

1/3

€292.58

6e slice

Beyond €1,579.17 and up to €1,897.50

2/3

€504.81

7e slice

Beyond €1,897.50

100%

€504.81

+ all amounts beyond €1,897.50

Example :

  • For the obligor whose total monthly resources receivable are €1,500, the amount of the seizure may be up to €292.58 - (€1,579.17 - €1,500) x 1/3 €266.19 per month.
  • For the obligor whose total monthly resources receivable are €2,500, the amount of the seizure may be up to €504.81 + (2 500 - €1,897.50) =€1,107.31 per month.

The amount of the instalments shall be increased for each dependant of the debtor by €124.17.

Dependants of the debtor shall, on presentation of supporting documents, be:

  • Spouse, partner of Civil partnerships or partner whose resources are less than €565.34
  • Dependent children (living with or for whom support is paid)
  • Ascendant less than €565.34 who lives with him or for whom he pays alimony.

  FYI : it is mandatory to leave the debtor at the disposal of the debtor Bank balance (SBI), i.e. at least €565.34.

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

Ministry of Justice

  Warning : the nature and amount of the amount seized must be stated on the pay slip, otherwise the employer will be punished.

Unpaid maintenance

The total amount of income that can be seized, except for Bank balance (SBI).

The SBI is the minimum amount to be left to the debtor.

This sum shall not be less than €565.34.

  Warning : the nature and amount of the amount seized must be stated on the pay slip, otherwise the employer will be punished.