Can I be left without my whole salary by a garnishment?
Not all of it: salary garnishment is capped by law. Under art. 729 of the Civil Procedure Code, monthly amounts withheld from salary can't exceed: half of net monthly income for maintenance obligations (child support) or child allowances; a third of net monthly income for any other debts. If there are several garnishments on the same salary, the total withheld can't exceed half of net income, whatever the nature of the claims (with the exceptions provided by law). There's special protection for low incomes: if net income is below the minimum wage, garnishment applies only to the part exceeding half the minimum wage. Garnishment is calculated on net income (after contributions and tax). In short: you can't be left without your whole salary — the law protects your subsistence minimum.
📋 The rules
- Ordinary debts: max a third of net income
- Child support/child allowances: max a half
- Several garnishments: total max half of net
- Income below the minimum wage: only the part over ½ the minimum
- Calculated on net income (after contributions and tax)
🔓 Exceptions
- Exceptions expressly provided by law for certain claims
- Subsistence income below the minimum: extra protection
- Garnishment can be challenged in court
⚠️ Penalties & fines
Garnishment is a forced-execution procedure, so the "sanction" concerns your debt, but the law protects a minimum income. If a garnishment exceeds the legal limits (over a third/half, as the case may be) or leaves you less than half the minimum wage (when income is low), it's unlawful and can be challenged. An employer who withholds wrongly (too much or ignoring the limits) can be liable. To protect your rights: check on your payslip how much is withheld and relate it to net income; if the withholding exceeds a third (ordinary debts) or a half (child support/several garnishments), you can file an execution challenge in court; and if you have a low income, invoke the protection on half the minimum wage. You can also ask to limit the garnishment through a court request.
📎 Official sources
- Civil Procedure Code · art. 729 (limits on income pursuit) →
- Civil Procedure Code · forced execution →
- National Union of Judicial Enforcement Officers →
❓ Frequently asked
How much can be withheld from my salary by garnishment?
For ordinary debts, at most a third of net monthly income can be withheld. For maintenance obligations, such as child support, or child allowances, the limit is at most half of net monthly income. These caps are provided by art. 729 of the Civil Procedure Code.
What happens if I have several garnishments?
If there are several garnishments on the same salary, the total withheld can't exceed half of net monthly income, whatever the nature of the claims, with the exceptions provided by law. So even with several creditors, the law guarantees you keep at least half of your net income.
Can I be garnished if I have a low salary?
Yes, but with extra protection. If your net income is below the minimum wage, garnishment applies only to the part exceeding half the minimum wage. So the law protects the debtor's subsistence minimum, leaving part of the income for essential needs.
Is garnishment calculated on gross or net?
Garnishment is calculated on the net income due to the employee, i.e. after social contributions and income tax are calculated and deducted. The caps of a third or a half apply to this net income, not the gross salary, to reflect the amount the employee actually receives.
Can I challenge a salary garnishment?
Yes. If the garnishment exceeds the legal limits — over a third for ordinary debts, over a half for child support or several garnishments — or leaves you less than half the minimum wage, it's unlawful. You can file an execution challenge in court and ask to limit the garnishment.
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