Wage Garnishment and Exempt Amount in Westland
With wage garnishment, a portion of your income is directly paid to creditors. However, you always retain the exempt amount to live on.
What is Wage Garnishment?
If a creditor has a court judgment, they can levy garnishment on your salary. Your employer then withholds a portion of your wages and pays it to the creditor.
What is the Exempt Amount?
The exempt amount is the minimum amount you must retain monthly for living expenses. This is determined by factors such as:
- Your family situation
- Housing costs
- Received benefits
Amount of the Exempt Amount
The exempt amount amounts to approximately 90% of the social assistance norm, supplemented by a portion of your housing costs and health insurance premium.
How is it Calculated?
Since 2021, the exempt amount is automatically determined via the Digital Garnishment Register for an accurate calculation.
Multiple Garnishments on Wages
If there are multiple garnishments, the exempt amount remains unchanged. You therefore retain the same minimum amount.
Statutory basis: Code of Civil Procedure
Frequently Asked Questions about Wage Garnishment in Westland
How much wages may be withheld?
With wage garnishment, your entire salary is never withheld. You are entitled to the exempt amount, at least 90% of the social assistance norm plus a portion of housing and health care costs. This is automatically calculated via the Digital Garnishment Register and depends on your situation.
What if my employer withholds too much?
If you think too much is being paid over, check this via the Digital Garnishment Register or contact the bailiff. You can ask your employer or the garnishing creditor to adjust the calculation. Legal assistance is available via the Legal Counter Westland.
How does the exempt amount work with benefits?
Benefits such as health care or rent allowance are included in determining your exempt amount, allowing you to retain more. The calculation is automatic via the Digital Garnishment Register and takes into account your income and expenses.
Can I object to wage garnishment?
Yes, you can file an objection if you believe the garnishment is unjustified or the exempt amount has been incorrectly applied. You do this with the bailiff or the court, for example via the District Court of The Hague. Legal support is available via the Legal Counter Westland.
What if there are multiple creditors?
With multiple garnishments, your exempt amount remains the same. The amount above this threshold is distributed among the creditors according to priority, such as maintenance or taxes. The bailiff handles this distribution.