Some creditors not only seize money from the employer, but also from the bank holding the account. However, if there is a Christmas bonus in November, this does not automatically have to be gone for people with debts.
- Up to 670 euros of the Christmas bonus remains exempt from garnishment. This statutory rule will apply for the first time in 2022.
- If your wages or salary are seized directly from your employer, the employer must ensure that they cannot be seized.
- If money is seized from your account, you must apply for protection of the Christmas bonus.
If you have a garnishment protection account (P-account), where protection is otherwise (almost) automatic, you should not be lulled into a false sense of security. The protected basic amount and other already certified allowances will generally not be enough to secure the extra Christmas bonus.
If you have a P-account, you must therefore submit an application to the enforcement court or the enforcement office of the public creditor (for example, in the case of a garnishment by the tax office) to have the special income protected. This is because once the money has been paid to the creditors, there is usually no way to save it.
If, on the other hand, your wages or salary are seized directly from your employer, they must observe the non-seizability and pay out the non-seizable wage and Christmas bonus components. If this does not happen, you should definitely clarify this with your employer.
The regulations are clear: Christmas bonuses up to half of the monthly allowance from section 850c (1) no. 3 ZPO in conjunction with section 850c (4) no. 1 ZPO are unattachable. § Section 850c (4) no. 1 ZPO, up to a maximum of EUR 670, are exempt from attachment. The remuneration paid out does not have to be called Christmas bonus or Christmas gratuity in order to be protected against seizure. It is sufficient if the payment is made in connection with Christmas - usually between mid-November and January.
With a P-account, (almost) everything is automatic when it comes to garnishment protection. Regardless of the type of income, a basic allowance of currently 1,340 euros (from July 1, 2022) is always protected - plus allowances for maintenance obligations and other legally protected credits such as child benefit. Provided that the bank has a certificate from the employer, the family benefits office, the social welfare office or a debtor advice center stating that the money received is protected.
However, the Christmas bonus cannot be certified; it can be protected by submitting a separate application for additional release to the respective enforcement court or the public creditor's enforcement office.
Apply to the court or public authority (e.g. the tax office) that issued the garnishment order for a different amount. You can also apply for this (one-off) new amount if you have already been granted a higher allowance.
Please note! If more than one account is seized, this must be done separately for each creditor.
We will be happy to advise you! Simply make an appointment:
05751-9932480