When a judicially recognized debt isn't paid voluntarily, one of the usual mechanisms for forced collection is wage garnishment. The law sets clear limits to protect a minimum level of income for the debtor, which is worth knowing whether you're the debtor or the one owed the debt being claimed.
The unattachable minimum wage
The first portion of your salary, equal to the minimum interprofessional wage (SMI), is completely unattachable: no creditor can garnish this part of your pay, regardless of the type or amount of the debt (with the one historical exception of certain child/spousal support debts, which have a different and more flexible regime regarding this limit).
The scale of attachable percentages above the minimum
Above the SMI, the law sets a progressive scale of attachable percentages on the successive additional salary brackets, so that the higher your salary, the higher the attachable percentage on each successive bracket above the unattachable minimum. This scale is designed precisely to give greater protection to those with lower salaries.
How it's calculated in practice
The calculation doesn't apply a single percentage to your whole salary: it's calculated bracket by bracket, applying the corresponding percentage from the legal scale to each bracket, similar in logic to how income tax is calculated in progressive brackets, though with a completely different purpose and set of percentages.
What happens if you have multiple bonus payments or variable supplements
The garnishment calculation is generally made on your total monthly pay, including prorated extra payments where applicable, though there can be nuances depending on how your salary is structured and the specific court order that mandates the garnishment.
Who actually carries out the garnishment
It's your own employer who receives the court or administrative garnishment order and who must apply the corresponding deduction directly to your payslip, paying the garnished amount to the body that ordered the garnishment, not directly to the creditor in most procedures.
What to do if you think the garnishment applied is incorrect
If you believe the percentage applied doesn't respect the legal limits, or that it's been calculated incorrectly on a salary that doesn't properly reflect your actual situation, you can dispute it, both with your own employer (so they review the calculation) and, if necessary, with the court or administrative body that ordered the garnishment.
Check your net salary to assess the impact of a garnishment
Our net salary calculator lets you find out your starting net pay, information you need to correctly calculate what portion would be attachable under the current legal scale.