Receiving a garnishee notice on your wages is an ordeal that can destabilise both employees and company directors. However, this measure, which directly affects earned income, is not arbitrary. It is strictly regulated by law to balance the creditor's right to recover his debt with the need to protect the debtor. Understanding how this enforcement procedure, one of the most common, works is the first step in defending yourself effectively. Although it forms part of the wider framework of seizure measures under french lawIt is governed by specific rules that combine employment law and civil procedures. Given the complexity of the procedures and deadlines involved, the services of a lawyer can prove decisive in asserting your rights. Our firm offers legal support for your enforcement proceduresensuring that your interests are protected at every stage.
What is the attachment of work-related pay?
Definition and legal framework (Labour Code, Code of Civil Enforcement Procedures)
Attachment of earnings is a legal procedure that allows a creditor to deduct part of a debtor's income directly at source, i.e. from the employer. This compulsory enforcement measure is used when a debtor fails to pay his debt voluntarily. The employer, known as the "garnishee", is legally obliged to deduct a fraction of the employee's salary and pay it to the court registry, which will forward it to the creditor.
The system is defined by two main codes. The French Labour Code (articles L. 3252-1 et seq. and R. 3252-1 et seq.) sets out the substantive conditions, in particular the types of remuneration concerned and the fractions that can be seized. The Code of Civil Enforcement Procedures (CPCE) governs the general procedural aspects of enforcement procedures, providing the framework within which the attachment must take place.
Difference with other types of seizure (e.g. attachment for payment)
It is important not to confuse the attachment of earnings with other enforcement measures. The main difference lies in its continuous nature and its judicial nature. Unlike the attachmentIn contrast to the seizure of wages, which is an instantaneous measure taken by a court commissioner on a bank account to seize the available balance at a given moment, the seizure of wages is spread over time. It relates to future income flows and is applied each month until the debt is paid in full.
In addition, attachment of payment is an out-of-court procedure (except in the event of a dispute), whereas attachment of earnings is entirely judicial. It is initiated and supervised by a judge, which offers specific procedural guarantees to the debtor, in particular through a conciliation hearing.
Conditions for the seizure of remuneration
Enforcement orders: an imperative obligation
Creditors cannot decide on their own to garnish wages. They must have an "enforceable title". This is an official legal document that establishes the existence of an indisputable debt and orders its payment. Without this document, no seizure can be initiated. Article L. 111-3 of the Code of Civil Enforcement Procedures lists the various enforceable titles, the main ones being :
- Enforceable court rulings (industrial tribunal ruling, civil judgment, appeal court ruling, etc.).
- Notarised deeds bearing the executory formula, such as a mortgage deed.
- Certificates issued by legal entities governed by public law (collection notices issued by the Treasury, constraints issued by social security bodies such as URSSAF).
- Securities issued by a court commissioner in the event of an unpaid cheque.
The debt evidenced by this security must be liquid (its amount is fixed or determinable) and due (the term for payment has expired).
Thresholds for attachment of wages (unattachable portions)
In order to guarantee debtors a minimum level of subsistence to meet their needs and those of their families, the law has established that part of their pay is exempt from seizure. The calculation of the portion that can be seized is based on a progressive scale, revised each year, which takes into account the level of pay and the number of dependants of the debtor. The higher the salary, the higher the portion that can be seized.
There is a fraction of income that is, in all cases, "absolutely unseizable". Its amount is equivalent to that of the Revenu de Solidarité Active (RSA) for a single person. Even a maintenance creditor cannot seize this sum. In addition to this basic protection, it is important to know that there are other types of protection available to you. unseizable income and assets exist and constitute a fundamental protection of the debtor's assets.
Receivables concerned (wages, pensions, etc.)
The law defines "pay" in a broad sense. Attachment may apply not only to basic pay, but also to ancillary payments such as bonuses, gratuities, benefits in kind and holiday pay. The attachment of remuneration procedure also applies, within the same limits, to other types of replacement income. These include
- Retirement and disability pensions.
- Back-to-work benefits (ARE) paid by Pôle emploi.
- Daily sickness and accident benefits.
On the other hand, certain social benefits cannot be seized. This is the case for the Revenu de Solidarité Active (RSA), the Allocation aux Adultes Handicapés (AAH) and the prime d'activité.
Attachment of earnings procedure
Referral to the enforcement judge (JEX): jurisdiction and formalities
Attachment of earnings proceedings must be brought before the enforcement judge (JEX)The court with jurisdiction is the court of the place where the debtor resides. The court with jurisdiction is that of the place where the debtor lives. If the debtor lives abroad or has no known address, the court in the employer's place of residence has jurisdiction.
The creditor initiates the procedure by filing an application with the court registry. This application must include a certain amount of mandatory information, in particular the identity of the parties, a detailed statement of the claim and a copy of the enforceable title on which the application is based. The court registry will then call the parties to a hearing.
The conciliation hearing: role and issues
Before authorising the seizure, the judge summons the creditor and debtor to a conciliation hearing. This stage, which takes place in chambers (without an audience), is fundamental. Its purpose is not to try the case again, but to try to reach an amicable agreement on the settlement of the debt. The judge can thus help the parties to negotiate a repayment plan in instalments, which the debtor would undertake to respect.
If an agreement is reached, a conciliation report is drawn up. If the debtor fulfils his commitments, the seizure is avoided. If he fails to do so, the creditor may ask the court clerk to proceed with the seizure without a further hearing. If no conciliation is possible, or if the debtor fails to attend the hearing, the judge will declare that no conciliation has taken place. He will then verify the amount of the debt and authorise the seizure to proceed.
It should be noted that recent case law (Civ. 2e, 2 May 2024) has reiterated the importance of information prior to this hearing: the creditor may not substitute another writ of execution for the one he attached to his initial request, thereby ensuring that the debtor is informed precisely of the basis for the proceedings. In addition, a major reform (Law of 20 November 2023), which will come into force on 1 July 2025 at the latest, provides for this procedure to be "diverted" and entrusted to the judicial representatives, with the judge intervening only in the event of a dispute.
Notification of the employer (garnishee) and its reporting obligations
Once the seizure has been authorised by the judge, the court registry notifies the debtor's employer of the seizure by registered letter with acknowledgement of receipt. From this point onwards, the employer becomes a key player in the procedure. Within 15 days, the employer must provide the court clerk's office with a declaration containing a number of essential items of information:
- The nature of the debtor's employment contract and the amount of his remuneration.
- The existence, if any, of other seizures already in progress on the employee's salary (administrative seizure by a third party, direct payment of maintenance, etc.).
Employers who fail to make this declaration, or who make a false declaration, are liable to penalties ranging from a civil fine to being ordered to pay the sums owed themselves instead of their employees.
Employer payments and monitoring
Each month, the employer must calculate the fraction of the employee's salary that can be seized, applying the legal scale. The employer must then pay this sum to the clerk of the court. Under no circumstances should it be paid directly to the creditor. The court registrar is responsible for receiving the funds and distributing them among the creditor(s). If there is more than one creditor, the court registry will draw up a distribution plan to distribute the sums in proportion to the claims, taking into account any liens.
Protection of the debtor and possible disputes
Non-attachable funds and the non-attachable bank balance (SBI)
The protection afforded to debtors is not limited solely to the unseizable portion of their pay. In addition to the unseizable sums on the salary itself, the law has introduced additional protection in the event of a seizure on a bank account: the Solde Bancaire Insaisissable (SBI). Even if the salary is paid into an account that is subject to attachment, the bank is obliged to leave the debtor a sum equivalent to the amount of the RSA for a single person. This mechanism ensures that the debtor retains a minimum amount of resources for his or her basic needs, even if there is a combination of procedures.
Payment terms and debt restructuring
The debtor is not passive in the proceedings. He may at any time, and in particular at the conciliation hearing, ask the judge for deferred payment, in accordance with article 1343-5 of the Civil Code. If the debtor can justify his situation, the judge may defer or stagger payment of the sums owed for up to two years. Granting such deferment has the effect of suspending the seizure procedure. This possibility is an important way of arranging repayment of the debt and avoiding a prolonged seizure.
Appeals against seizure (contesting the claim, the procedure)
The debtor may contest the seizure on several grounds. The challenge may relate to the validity of the claim itself (incorrect amount, debt already paid, statute of limitations) or to the legality of the writ of execution. They may also relate to the attachment procedure (failure to comply with formalities, error in calculating the seizable portion). Any dispute must be brought before the enforcement judge, who has sole jurisdiction to settle such disputes. It is often a good idea to raise these disputes at the conciliation hearing.
The impact of personal over-indebtedness procedures
Finally, if the debtor's financial situation is irretrievably compromised, he or she may file an over-indebtedness application with the commission for the over-indebtedness of private individuals managed by the Banque de France. The decision declaring the over-indebtedness application admissible automatically suspends all current enforcement procedures, including attachment of wages, for up to two years. This measure gives debtors a breathing space and allows them to consider an overall solution to their debt.
The procedure for seizing remuneration, although regulated, involves technical subtleties and strict deadlines. An error or omission can have major repercussions. When faced with such a measure, the assistance of a lawyer is often essential to check the legality of the procedure, negotiate with the creditor or challenge the attachment before the judge. Our law firm offers you its expertise to analyse your situation and defend your best interests.
Sources
- French Labour Code
- Code of civil enforcement procedures
- Civil Code
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