Pfändungsschutzbestimmungen

Pfändungsschutz, or garnishment protection, refers to legal protections in German civil procedure that shield earnings, bank balances, and other assets from seizure by creditors. The aim is to secure a debtor’s essential living costs while allowing a lawful process for debt recovery to proceed.

For wage garnishment, the rules are set in the Zivilprozessordnung (ZPO). When a creditor seeks to collect a debt by garnishing wages, there is a Pfändungsfreibetrag, an amount that cannot be seized. The portion of income above this exemption may be garnished, while the exempt portion remains protected for basic living needs. The exact Pfändungsfreibetrag depends on factors such as monthly income, marital status, and the number of dependents, and it can be adjusted by the court upon application if personal circumstances change.

Pfändungsschutzkonto (P-Konto) is a special bank account designed to protect a portion of funds from garnishment. Since reforms around 2011, banks are required to offer a P-Konto, and any existing account can be converted upon request. The account carries a baseline protected amount each month, which can be increased to cover essential living costs or for dependents through a court or statutory process.

Creditors must respect the protected amounts; garnishment that exceeds the Pfändungsfreibeträge is restricted or prohibited. The protection applies to many types of income and balances, though there may be exceptions for specific payments or court orders.

Pfändungsschutz is a fundamental instrument in German law that balances the rights of creditors with the need to prevent destitution, providing a structured framework for debt collection while safeguarding basic subsistence.