Can My Salary Be Garnished without a Court Decision?

Many people worry that debt collection agencies or even their employer can “directly” garnish their wages. The truth is that wage garnishment can only be imposed through court procedures.

When is wage garnishment possible?

According to the Civil Procedure Code (CPC), wages can be garnished only when:

there is a final court decision (judgment, order for payment, etc.);
based on that decision, a writ of execution has been issued;
enforcement proceedings have been initiated with a bailiff (private or state);
the bailiff has sent a garnishment notice to the employer.

Only then does the employer have the right to deduct amounts from the employee’s wages.

How much can be deducted?

Under Art. 446, para. 1 CPC, the amounts withheld are limited:

if you receive up to the minimum wage – up to 1/3 of net salary;
if you receive more than the minimum wage – up to 1/2;
for child support, a higher deduction may apply.

These limits ensure that the debtor retains funds for subsistence.

Can a debt collector impose garnishment independently?

Debt collection agencies have no right to impose garnishments or injunctions. They can only:

request voluntary payment;
file a lawsuit or an application for an order for payment (Arts. 410–417 CPC);
if they obtain a writ of execution – refer the case to a bailiff.

Without a court decision and a bailiff, garnishment is impossible.

What should I do if my employer receives a garnishment notice?

Request a copy of the writ of execution and the garnishment order.
Check who issued it – only a bailiff can send such notice.
If you believe the debt is time-barred or unlawful, you can file a complaint under Art. 435 CPC against the bailiff’s actions.

Protection against unlawful garnishments

If you receive a garnishment notice directly from a debt collector without a court decision:

this is illegal;
immediately notify your employer that there is no legal ground for deductions;
if necessary, file a complaint with the Labour Inspectorate and the Prosecutor’s Office.

Conclusion

Wage garnishment can only be imposed after a court decision and through a bailiff. Debt collection agencies do not have such powers. If you receive a letter or “garnishment notice” directly from a collector, it is misleading.

If you are facing such a problem, the safest way to protect yourself is to consult a lawyer specialized in enforcement proceedings and debtor protection.