How Is Salary Attachment (Garnishment) Applied?

Once an enforcement proceeding becomes final, one of the most common remedies available to a creditor is attaching the debtor's salary. This attachment is not unlimited, however; the law sets limits to protect the debtor's minimum standard of living.

What Portion of a Salary Can Be Attached?

As a general rule, the attachable portion of a salary is limited to one quarter. This ratio is a statutory minimum protection intended to allow the debtor to support themselves, and the enforcement office may not deduct beyond this limit.

Is the Position Different for Maintenance Claims?

Yes. The one-quarter limit does not apply to maintenance claims; a higher rate of deduction may be applied in favour of a maintenance creditor. This exception is specifically provided for in the law given the particular nature of maintenance obligations.

How Does the Attachment Process Work?

The enforcement office sends an attachment order to the debtor's workplace. From the moment it receives this order, the employer is obliged to make the deduction and transfer the amount withheld to the enforcement office's account. Failure by the employer to fulfil this obligation may render the employer personally liable for the debt.

What Happens If There Are Multiple Attachments?

Where more than one attachment order exists over the same salary, they are processed in the order in which the orders were received by the enforcement office; deductions for a later order do not begin until the earlier one has been fully satisfied.

Practical Tips

If you believe an improper deduction, or one exceeding the statutory limit, has been made from your salary, you may file a complaint with the enforcement office. If you are the creditor, correctly identifying the debtor's workplace is decisive for the attachment to be applied effectively.

This article is provided for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.