What are the Seizable Incomes in Case of Inability to Pay?

The number of Belgians who do not settle their debts is increasing significantly year after year. More than 130,000 people had their wages garnished by creditors in 2012. And for the first eight months of 2013, more than 335,000 people are no longer repaying their credit. What are the seizable incomes? In the face of such difficult situations, lenders can proceed with garnishing the debtor’s income. It is therefore important to be informed about the seizable incomes as well as the authorized rates which may vary depending on the income level.

What incomes can be subject to garnishment?

Fixed incomes are likely to be garnished in case of inability to pay. This includes salary, housing allowance, various commissions and production bonuses, year-end bonuses, thirteenth month, vacation pay, assessable benefits in cash, tips, and reimbursement of expenses. Replacement incomes are also seizable. This concerns alimony and maintenance provisions, incapacity for work allowances, pensions, disability and unemployment benefits, allowances in case of career interruption, as well as allowances paid by the existence security funds.

Are there other seizable incomes?

Other incomes can be garnished, such as rent received by the debtor subject to garnishment, self-employed income, and allowances paid to company directors or managers (including benefits in kind). According to Belgian legislation, no garnishment is possible on incomes of less than €1,059. For monthly incomes between €1,059 and €1,138, the maximum rate is 20%. This can reach 30% for an income between €1,138.01 and €1,255, and up to 40% if it ranges between €1,255.01 and €1,373. Any amount exceeding an income of €1,373 can be fully garnished.