Attachment-free Amount and Income - Legal Aid
Questioner
I have a question about seizure of income and the exempt amount. At the moment I am receiving social assistance. This has already been seized (I will list the amounts below), and I have just received a letter stating that it will be seized again. I am single and older than 23 years old, but younger than the AOW retirement age Total net benefit: €977.15 Reservation box. money: €48.86 Total net: €928.29 Withholding by the Dutch Healthcare Institute: €127.91 Reservation tax/bailiff: €48.86 Total I receive in my account: €751.52 -- Here another collection agency wants to seize €36.06. But now I have the idea that I am getting below my exempt amount? My monthly net rent is €338.09 + service costs €32.27: Total rent: €370.36 and I receive €121 in housing allowance and €83 in healthcare allowance every month. I have visited many websites to calculate the exempt amount, but each website gives a different answer and some websites say that my exempt amount is around €300, which of course cannot be correct. Where is my exempt amount?Lawyer
According to the Royal Professional Organization of Bailiffs, your exempt amount is €879.44. If the collection agency wants to seize your assets below the exempt amount, you can hold them liable for any consequential damages.Questioner
Thanks for the quick response. So if I understand it, my attachment-free amount is €879.44. Minus the Withholding of €127.91 by the Dutch Healthcare Institute, that comes to €751.53 (exactly what I have left each month) From this I can conclude that the collection agency has no right to retain the €36.06? Then I would arrive at €843.38 (let's leave the Healthcare Institute out of it for the sake of convenience) If they are not allowed to seize because of the exempt amount, which agency should I file an objection with? With my municipality, or should I contact the collection agency? Thank you in advance. -edit-: They do indeed want to seize, I received the letter today. The municipality will transfer €36.06 to them monthly from 01-09-2016, which will be deducted from my social assistance benefit. Since I only received the letter on 17-09-2016, it will be deducted monthly from now on.Lawyer
You can object to this because you will fall below the attachment-free amount and that is not permissible. Certainly, if this puts you in an emergency situation. You must also inform the municipality of this.Neem de volgende stap
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