Practical example: salary net of contributions € 2500, assignment fifth € 500, loan delegation € 500, future attachment to third parties at source (employer) for ordinary debt € 500 (one fifth).

Question: using a banking cc only to support payment of salary, what could be the possible further attachment (after the payment of the salary already deducted from the fifth attached to the source) for additional ordinary debts? A fifth of the amount paid? In this case the fifth further is calculated on the net paid (so, in the example € 1000 paid) then additional foreclosure of € 200, or on the total net of the salary of € 2500, then € 500?

Article 545 of the Code of Civil Procedure provides that the sums due by way of salary, salary, other indemnities relating to the employment or employment relationship, including those due to dismissal, as well as retirement, of allowances that hold place of pension, or of retirement allowances, in the case of loaning to a bank or postal account in the name of the debtor, may be seized, for the amount exceeding three times the social allowance, when the loaning takes place prior to the attachment ; when the loaning takes place at the date of the attachment or subsequently, the aforementioned sums may be seized within the limits provided for by the third, fourth, fifth and seventh paragraphs, as well as by the special provisions of the law.

The amount of the social allowance is currently € 448.52.

Therefore, we hypothesize that in the conditions set out a first loanor has obtained the attachment of the salary and a second loanor proceeds to seize the current account where monthly a loan of one thousand euro arrives and where there is an availability of X euro.

If the notification of the attachment to the bank is subsequent to the loaning of the salary (or of what remains of it), the debtor, for what concerns the last salary loaned, must be left an amount equivalent to triple social allowance, equal to 1345.56 euros. In this specific case, therefore, X – one thousand euros may be attached.

If, on the other hand, the current account loan of the salary coincides with the notification of the attachment to the bank, the debtor subject to executive action would be entitled to maintain the availability of the entire last salary with the deduction only of the quota possibly provided in case there was a procedure for attaching the salary to the employer.

In this case, for example, if the salary has been attached to the employer for ordinary and ordinary loanor loans and also that which proceeds to the attachment of the current account, the debtor subject to executive action would be entitled to the last full salary acloaned, even if 5 thousand euros have been loaned: in fact, in the event that the loanor proceeding with the seizure of the current account had initiated a procedure to foreclose the salary with the employer, he would not have had any right whatsoever.

 

Foreclosure of the current account on which a salary already paid by the employer is loaned

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