Gehaltspfändung

Gehaltspfändung, also known as wage garnishment, is a legal process by which a creditor can collect a debt from a debtor's earnings. It is a court-ordered procedure where a portion of the debtor's salary is directly withheld by their employer and paid to the creditor. This typically occurs when a debtor has failed to meet their financial obligations, such as unpaid loans, child support, or court judgments.

Before a Gehaltspfändung can be implemented, the creditor must first obtain a court order or a valid enforcement title. This usually involves a legal process where the debtor has an opportunity to respond or contest the claim. Once the order is issued, it is served to the employer, who is then legally obligated to comply.

There are legal limits on how much of a debtor's salary can be garnished. These limits are designed to ensure the debtor retains enough income to cover essential living expenses. These protected amounts are often referred to as the "unpfändbarer Betrag" or unseizable amount, and they vary depending on factors like the number of dependents the debtor has.

The Gehaltspfändung continues until the debt is fully repaid or until the court order expires. It can have a significant impact on a debtor's financial situation, making it crucial for individuals to address their debts proactively or seek legal advice if facing wage garnishment.