<\/p>\n
Many people worry that debt collection agencies or even their employer can \u201cdirectly\u201d garnish their wages. The truth is that wage garnishment can only be imposed through court procedures.<\/p>\n
According to the Civil Procedure Code (CPC), wages can be garnished only when:<\/p>\n
there is a final court decision (judgment, order for payment, etc.);<\/p>\n<\/li>\n
based on that decision, a writ of execution has been issued;<\/p>\n<\/li>\n
enforcement proceedings have been initiated with a bailiff (private or state);<\/p>\n<\/li>\n
the bailiff has sent a garnishment notice to the employer.<\/p>\n<\/li>\n<\/ul>\n
Only then does the employer have the right to deduct amounts from the employee\u2019s wages.<\/p>\n
Under Art. 446, para. 1 CPC, the amounts withheld are limited:<\/p>\n
if you receive up to the minimum wage \u2013 up to 1\/3 of net salary;<\/p>\n<\/li>\n
if you receive more than the minimum wage \u2013 up to 1\/2;<\/p>\n<\/li>\n
for child support, a higher deduction may apply.<\/p>\n<\/li>\n<\/ul>\n
These limits ensure that the debtor retains funds for subsistence.<\/p>\n
Debt collection agencies have no right<\/strong> to impose garnishments or injunctions. They can only:<\/p>\n request voluntary payment;<\/p>\n<\/li>\n file a lawsuit or an application for an order for payment (Arts. 410\u2013417 CPC);<\/p>\n<\/li>\n if they obtain a writ of execution \u2013 refer the case to a bailiff.<\/p>\n<\/li>\n<\/ul>\n Without a court decision and a bailiff, garnishment is impossible.<\/p>\n Request a copy of the writ of execution and the garnishment order.<\/p>\n<\/li>\n Check who issued it \u2013 only a bailiff can send such notice.<\/p>\n<\/li>\n If you believe the debt is time-barred or unlawful, you can file a complaint under Art. 435 CPC against the bailiff\u2019s actions.<\/p>\n<\/li>\n<\/ul>\n If you receive a garnishment notice directly from a debt collector without a court decision:<\/p>\n this is illegal;<\/p>\n<\/li>\n immediately notify your employer that there is no legal ground for deductions;<\/p>\n<\/li>\n if necessary, file a complaint with the Labour Inspectorate and the Prosecutor\u2019s Office.<\/p>\n<\/li>\n<\/ul>\n 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 \u201cgarnishment notice\u201d directly from a collector, it is misleading.<\/p>\n 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.<\/p>\n\n
What should I do if my employer receives a garnishment notice?<\/h3>\n
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Protection against unlawful garnishments<\/h3>\n
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Conclusion<\/h3>\n