Can Christmas bonuses be seized?

What you need:

• Garnishment protection account

Income from work forms the basis of the worker's livelihood. The legislature tries with numerous legal regulations to regulate the conflict when a creditor tries to seize the earned income.

Income above the personal allowances can be seized

• It is obvious for the creditor to first seize the debtor's earned income as an employee. He delivers a garnishment and transfer order from the local court to the employer. The employer is a so-called third party debtor and may only pay out to the debtor within the framework of the law.
• The prerequisite for the attachment measure is that the obligee has an enforceable title. Only then can he go to court and arrange for the attachment and transfer order. As long as the claim is still in the extrajudicial or judicial dunning procedure, the obligee cannot enforce it.
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• As an employee, you are generally entitled to a personal allowance of € 1,028.89. This money is taboo for the creditor. You can increase the tax exemption if you have to pay maintenance. Only the salary portions that are above these exemptions can be seized by the creditor.

Christmas bonus increases your allowance

• The Christmas bonus can also be seized. However, the law stipulates in § 850 a number 4 of the Code of Civil Procedure that the Christmas bonus is up to half of the monthly earned income is non-attachable, but up to a maximum of 500 €. Example: If you earn € 1980 net, you can collect your Christmas bonus up to an amount of € 500 yourself. If your Christmas bonus is € 800, the creditor can seize a partial amount of € 300. You have 500 € left.


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• This increases the income you are entitled to over the Christmas period by a further € 500 over and above the deposit-free allowance of at least € 1,028.89.

Set up a garnishment protection account

• In order to protect your money even if the employer transfers it, you should set up a garnishment protection account early on or convert your current account into one.
• Your bank must then take the exemptions into account and you can always dispose of your credit in the current account without any restrictions.