Garnishment exemption limit

What is the garnishment exemption limit?

The attachment exemption limit is the amount that a person despite an attachment is allowed to keep. This protected amount ensures that the income cannot be garnished completely. It forms the boundary between the part of the income that remains untouched and the part that may be paid to creditors.

The garnishment exemption limit always applies when income is garnished. This primarily affects wages, salary, pension, or similar regular payments. It ensures that a person can still finance their daily life during a garnishment.

The term therefore describes a fixed protected amount that may not be exceeded and which plays a clear role in all garnishment proceedings.

What is the purpose of the garnishment exemption limit?

The garnishment exemption limit serves to secure the minimum subsistence level. Despite garnishment, every person must be able to retain enough money to cover basic costs. These include daily expenses such as food, clothing and rent.

This protection also ensures that garnishments are carried out uniformly and transparently. The limit provides clear guidance: How much can be garnished and how much cannot?

The garnishment exemption limit therefore creates a clear structure. It specifies which amount is protected so that a person does not get into a situation in which they can no longer cover their living expenses.

Who sets the garnishment exemption limit?

The garnishment exemption limit is set by the legislator. Responsible for this is the Federal Ministry of Justice. This ministry regularly reviews whether the established amounts are still appropriate and adjusts them if necessary.

The attachment exemption limit is always set according to specific legal requirements. The Ministry does not decide freely on the amount, but follows fixed rules that are stipulated in the law.

All adjustments are published officially and apply throughout Germany.

How is the garnishment exemption limit determined?

The garnishment exemption limit is calculated based on clear legal guidelines. At the center of this calculation is the basic allowance. This basic amount applies to every person whose income is subject to garnishment.

On top of this basic allowance, there are additional amounts. These apply if the person is legally responsible for supporting others. The more dependents a person has, the higher the exemption limit becomes.

Components of the calculation

• Basic exemption amount

• Additional allowances for dependents

• Specifications from a fixed garnishment table

Creditors or courts do not calculate this themselves. The garnishment table defines exactly which part of the income is protected and which part is garnishable.

If living costs or legal guidelines change, the exemption limit may be adjusted accordingly.

Which legal provisions regulate the garnishment exemption limit?

The garnishment exemption limit is regulated by the German Code of Civil Procedure (ZPO). The key provision is Section 850c ZPO. It defines how the exemption limits are structured and how they are calculated.

There is also an official “Garnishment Exemption Limits Notice,” which contains the current amounts. This notice is updated regularly and published in the Federal Law Gazette.

These legal rules ensure that exemption limits are uniform across Germany. They form the binding framework for all types of income garnishment.

Who does the garnishment exemption limit apply to?

The garnishment exemption limit applies to all individuals whose income is being garnished. It does not matter how the income is earned. The only requirement is that it is garnishable income.

The limit applies to:

• Employees with wage or salary garnishments

• Pension recipients

• Individuals with other regular income

• Self-employed persons, if their income is considered garnishable

The exemption limit always protects the amount needed for basic living expenses. The level of debt does not affect the protection.

When does the garnishment exemption limit apply?

The garnishment exemption limit applies to every income garnishment. This includes wage garnishments and also account garnishments when a garnishment protection account is in place.

It becomes relevant as soon as a creditor initiates a garnishment and income is to be seized. At that point, the protected amount is determined. Only the amount above the exemption limit may be garnished.

The table values apply automatically. This ensures that garnishments follow the same rules for all income levels.

Where is the garnishment exemption limit published?

The garnishment exemption limit is published in the official garnishment table. This table appears regularly in the Garnishment Exemption Limits Notice issued by the Federal Ministry of Justice.

The publication is made in the Federal Law Gazette. There, all current exemption amounts and allowances can be viewed. The table clearly shows which portion of income is protected and how the amounts change depending on dependents.

The publication is accessible to the public and applies nationwide. It forms the binding basis for every garnishment and ensures that all parties use the same values.