Wage Garnishment and Exemption Amount in Leiden
With wage garnishment, a portion of your salary is directly deducted for the benefit of creditors. You always retain the right to the exemption amount.
What is Wage Garnishment?
A creditor who has obtained a court judgment can have wage garnishment imposed. Your employer then withholds part of your income and pays it to the creditor.
What is the Exemption Amount?
The exemption amount is the minimum amount you must retain to provide for your living expenses. This amount is determined by factors such as:
- Your living situation
- Housing costs
- Received benefits
Amount of the Exemption Amount
The exemption amount roughly amounts to 90% of the social assistance norm, supplemented by a percentage of your housing costs and health insurance premium.
How is this calculated?
Since 2021, the exemption amount is automatically determined via the Digital Garnishment Register, which simplifies the process.
Multiple Garnishments Simultaneously
If multiple garnishments are imposed on your wages, the exemption amount remains unchanged. You therefore always retain the same minimum amount.
Statutory basis: Code of Civil Procedure
Frequently Asked Questions about Wage Garnishment in Leiden
How much of my salary can be withheld?
With wage garnishment, it is always ensured that you retain the exemption amount, approximately 90% of the social assistance norm plus a portion of housing and health care costs. The exact amount is determined by your situation and automatically calculated via the Digital Garnishment Register. Only the amount above that is withheld.
What if my employer withholds too much?
If you think too much is being deducted, check this via the Digital Garnishment Register or contact the bailiff. You are entitled to a correct exemption amount. Ask your employer or the bailiff for a review of the calculation. In case of problems, you can seek legal assistance, for example at the Juridisch Loket Leiden.
How is the exemption amount determined with benefits?
Benefits such as rent or health care allowance are taken into account in the calculation of the exemption amount, which increases the amount you retain. This is automatically processed via the Digital Garnishment Register, taking into account income and expenses. Request the calculation from the bailiff if necessary.
Can I object to wage garnishment?
Yes, you can file an objection if you believe the garnishment is unjustified or the exemption amount has not been correctly applied. Submit an objection to the bailiff or the court. Legal support, for example via the Juridisch Loket Leiden at Stationsweg 46, is recommended.
What if there are multiple creditors?
With multiple garnishments, your exemption amount remains the same. The amount above this threshold is distributed among the creditors according to a statutory priority order, such as maintenance or taxes. The bailiff arranges this distribution via your employer.
How long does wage garnishment last and can I stop it?
Wage garnishment remains in effect until the debt is settled, unless you make an arrangement with the creditor. It can end by full repayment, a settlement or a court decision. Consult the bailiff or a debt counselor for options.
What are my rights as an employee with wage garnishment?
As an employee, you always have the right to the exemption amount to provide for your basic needs. For help, you can go to the District Court of The Hague, Leiden Location, or the Juridisch Loket Leiden.