Assistance with garnishment of salary | Legal aid centre


Questioner

My husband and I have a debt to the tax authorities and other debts. The tax authorities have seized my salary and the other creditors too...they are now waiting for the tax debt to be paid. In the meantime, the other creditors have also seized my husband's salary and they are already receiving payments from that. We now have very little left each month. Can the same creditor seize my salary and that of my partner twice? What steps should I take?

Lawyer

Both of your incomes may be seized. As long as you jointly retain an income that is equal to the attachment-free amount.

Lawyer

In addition to Mr Raadstaat, It depends on where the debts come from. Are you married, living together.....etc. Were the debts jointly incurred, or were these debts incurred before you and your partner got together. These are matters that are important.

Questioner

We are married under community of property. And the debt for which we were both seized, we incurred together. It concerns an old mortgage debt.

Lawyer

Then you are entitled to the attachment-free amount, as Mr Radstaat stated. What you could do, is to request a reduction of the attachment, as you may end up in an emergency situation.

Questioner

Thank you very much for the feedback! I will definitely do that.

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