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What are the types of income that can be seized?

Verified 01 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)

Wage Attachment

Where an individual is subject to wage attachment (or attachment of earnings) decided by the judge, some of his income may be seized, while others may not be seized at all. The amounts levied on the seizable income are calculated on the basis of a scale. However, the scale does not apply where the seizure is used to pay maintenance. In all cases, there is a minimum amount that must be left at the disposal of the debtor.

Most of the time, the amount of income that can be seized is calculated from the cumulative net wages received in the preceding 12 months the act of attachment. Net salary includes the following:

  • Salary (net of CSG: titleContent, of the CRDS: titleContent and withholding tax)
  • Pay increases for overtime
  • Benefits in kind

Please note

where the employee receives wages from more than one employer, the seizable income is calculated on the total of these amounts.

But the amount of income that can be seized also includes:

  • Accident at work Sickness, maternity and child benefit
  • Supplementary allowances in the event of reduced working hours (unemployment, partial, temporary half-time)
  • Unemployment benefits (allowances, grants and any other benefits paid by Pôle emploi)
  • Voluntary retirement allowance
  • Return to Employment Benefit (RWA)
  • Disability pensions and annuities
  • Retirement and survivors' pensions
  • Solidarity allowance for the elderly (Aspa)

In addition, family benefits can be claimed only in certain cases and for the payment of certain claims only.

However, some amounts are not included in the seizable income:

  • Activity bonus
  • Allowances representative of professional expenses
  • Capital allowances or annuities for accidents at work
  • Retirement allowances
  • Severance pay as a result of the company's economic situation
  • Conventional severance pay
  • Redundancy payments
  • Custom Battery Allowance (Apa)
  • Disabled adult allowance (AAH) and independent living allowance (MVA), except for the payment of maintenance costs for the disabled person
  • Specific Solidarity Allowance (SSA)
  • Participation and profit-sharing premiums

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General case

Calculation of the maximum amount of the entry

Only a fraction of the seizable income can be withheld by the employer.

This graspable share is determined by a scale defined for a single living debtor.

Tableau - Maximum amount of the seizure for each tranche of monthly attachable resources

Total monthly seizable resources

Seizable part

Maximum amount of the entry

(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 sums above €2,007.50

Example :

  • For the debtor whose total monthly seizable resources is €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 debtor whose total monthly seizable resources is €2,500, the amount of the seizure may be up to €533.97 + (2 500 - €2,007.50) =€1,026.47 per month.

The amount of the installments shall be increased, for each dependent of the debtor, by €134.17.

Dependants of the debtor shall be, on presentation of evidence, the following:

  • Spouse, partner of Civil partnerships: titleContent or cohabiting partner whose resources are less than €598.54
  • Dependent children (living with or for whom support is paid)
  • Ascending whose resources are less than €598.54 and who lives with him or for whom he pays alimony.

FYI  

it is obligatory to leave at the disposal of the debtor the elusive bank balance (SBI), which means at least €598.54.

Estimated amount of seizure

The maximum amount that can be captured can be estimated using a simulator.

Estimate the amount of wage attachment (or wage attachment)

Warning  

the nature and amount of the amount seized must be indicated on the pay slip, otherwise the employer will be penalized.

Unpaid maintenance

Seizable income may be seized in its entirety, except for the elusive bank balance (SBI).

The SBI is the minimum amount that must be left with the debtor.

This sum shall be at least equal to €598.54.

Warning  

the nature and amount of the amount seized must be indicated on the pay slip, otherwise the employer will be penalized.

Bank account seizure

Bank account seizure Where an individual is subject to a attachment and assignment), some income may be wholly or partly or wholly or wholly forfeit.

Totals Seizable
  • Redundancy payments
  • Conventional severance pay
  • Amounts paid for participation or profit sharing
Partly Seizable Amounts
  • Net salary
  • Pay increases for overtime
  • Benefits in kind
  • Accident at work Sickness, maternity and child benefit
  • Supplementary allowances in the event of reduced working hours (partial unemployment, temporary half-time transfer)
  • Unemployment benefits (allowances, grants and any other benefits paid by Pôle emploi)
  • Voluntary retirement allowance
  • Return to Employment Benefit (RWA)
  • Disability pensions and annuities
  • Retirement and survivors' pensions
  • Solidarity allowance for the elderly (Aspa)

FYI  

family benefits can be claimed only in certain cases and for the payment of certain claims only.

Elusive sums
  • Activity bonus
  • Allowances representative of professional expenses
  • Capital allowances or annuities for accidents at work
  • Severance pay as a result of the company's economic situation
  • Custom Battery Allowance (Apa)
  • Disabled adult allowance (AAH) and independent living allowance (MVA) except for the payment of maintenance costs for the disabled person
  • Specific Solidarity Allowance (SSA)

FYI  

it is compulsory to leave at least the amount of the elusive bank balance, i.e. an amount at least equal to €598.54.

Administrative seizure to third party holder

When an individual is subject to a third-party administrative seizure (TADS), some income is partially seizable, while others are completely exempt.

Partially Seizable Amounts
  • Net salary
  • Pay increases for overtime
  • Benefits in kind
  • Accident at work Sickness, maternity and child benefit
  • Supplementary allowances in the event of reduced working hours (partial unemployment, temporary half-time transfer)
  • Unemployment benefits (allowances, grants and any other benefits paid by Pôle emploi)
  • Voluntary retirement allowance
  • Return to Employment Benefit (RWA)
  • Disability pensions and annuities
  • Retirement and survivors' pensions
  • Solidarity allowance for the elderly (Aspa)

In addition, family benefits can be claimed only in certain cases and for the payment of certain claims only.

Totals Seizable
  • Redundancy payments
  • Conventional severance pay
  • Amounts paid for participation or profit sharing
Elusive sums
  • Activity bonus
  • Allowances representative of professional expenses
  • Capital allowances or annuities for accidents at work
  • Severance pay as a result of the company's economic situation
  • Custom Battery Allowance (Apa)
  • Disabled adult allowance (AAH) and independent living allowance (MVA) except for the payment of maintenance costs for the disabled person
  • Specific solidarity grants (SSAs)

FYI  

it is compulsory to leave at least the amount of the elusive bank balance, i.e. an amount at least equal to €598.54.