Receiving wage garnishment

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Wage garnishment: important information for you as an employer

If your employee does not pay his or her bills on time, for example due to debts, this could lead to wage garnishment. With wage attachment, part of your employee's salary goes directly to a creditor, such as the tax authorities. As a result, you as an employer have to deal with extra (administrative) work. In case of wage attachment, it is therefore wise to take action immediately. After all, if you do nothing, the consequences may be greater than you initially thought.

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What is wage garnishment?

A wage garnishment involves paying part of your employee's salary to a bailiff. This is because your employee did not pay his or her bills on time, creating a debt. Because the bailiff garnishes part of your employee's wages, he or she receives less pay each month. Wage garnishment is a severe measure and can only be applied to the court by a bailiff. The judge then decides on wage garnishment.

When does an employee get wage garnishment?

Wage garnishment is a creditor's last attempt to receive his or her money. Wage garnishment is thus used when nothing else works. There are several steps before it comes to wage garnishment. If your employee cannot pay a bill, he or she will first receive a payment reminder. This is followed by a reminder. If the bill is still not paid, the creditor will pass it on to a bailiff. The bailiff will first see if a payment arrangement can work, in which your employee can pay the bill in instalments. If that fails, the bailiff may apply for wage garnishment.

How does wage garnishment work for your employee?

Requesting and notifying wage garnishment works as follows.

Step 2

Once all the information has been gathered, you will receive an official document announcing the wage garnishment, a 'garnishment notice'. As an employer, you are obliged to cooperate with the wage garnishment. This means that you must transfer part of your employee's wages directly to the bailiff. You must also provide information about your employee, such as home address and family situation;

Step 2

Step 3

The bailiff will notify your employee shortly afterwards with a letter. The letter also contains questions that the employee must answer to determine the so-called attachment-free foot. The attachment-free foot is the amount the bailiff is not allowed to deduct from your employee's income, so that he or she can at least still pay the fixed expenses;

Step 3

Step 4

Finally, your employee should check whether the attachment-free foot is correct. If this is correct, you as the employer will transfer the attachment-free foot to your employee. You transfer the rest of the salary to the bailiff. This stops when the entire debt is paid off.

Step 4

Frequently asked questions

Am I obliged to cooperate with wage garnishment?

Yes, as an employer you are obliged to cooperate with wage garnishment. This is included in the law; you have to remit part of your employee's wages to the bailiff.

When does wage garnishment end?

There are a few ways a wage garnishment stops. For example, when the employee has paid off the debt. But also if the employee's employment is terminated. Stopping wage garnishment on your own initiative is not possible. The bailiff will let you know when the wage garnishment has stopped.

Wage garnishment and holiday pay, what about it?

Can an employee keep holiday pay when there is wage garnishment? Holiday pay is also salary and is therefore subject to wage garnishment. However, the bailiff must always continue to take into account the attachment-free foot. Is your employee's income higher than the attachment-free foot? Then the bailiff may deduct all holiday pay.