Salary Garnishment

Once an enforcement proceeding becomes final, one of the collection methods creditors turn to most often is attaching the debtor's salary. A salary garnishment works through a letter sent to the debtor's employer, which has a set amount deducted from the debtor's pay each month and transferred to the enforcement file. For the debtor, this directly affects the monthly budget. For the creditor, it means regular but often long-drawn-out collection.

To protect the livelihood of the debtor and their family, the law sets certain limits on salary garnishment. On this page, we explain how much of a salary can be deducted, how alimony claims differ, how priority is determined when there are multiple garnishments, the status of retirement pensions, and the avenues available for having a garnishment lifted.

How is a salary garnishment carried out?

A salary garnishment can only be applied in a finalized enforcement proceeding, at the creditor's request. The enforcement office sends a garnishment notice to the debtor's employer. The employer deducts the specified percentage from the debtor's pay, deposits that amount into the enforcement office's account every month, and reports this to the office. The deduction continues until the debt and the costs of the proceeding are paid in full or until the garnishment is lifted.

Where the debtor works is usually determined from Social Security Institution (SGK) records. If the debtor changes workplaces, the creditor must separately request that a garnishment letter be sent to the new employer.

How much of the salary can be deducted?

Under the Enforcement and Bankruptcy Law, salaries, wages, retirement pensions, and similar income can be garnished except for the amount the enforcement director deems necessary for the livelihood of the debtor and their family; however, the garnishment amount cannot be less than one quarter of this income. For this reason, in practice salary garnishments are most often set at one quarter of the net salary.

As a rule, the deduction is calculated not on the gross salary but on the net salary the debtor receives after statutory deductions. Whether additional payments such as bonuses and premiums fall within the scope of the garnishment is assessed according to the nature of the payment and the content of the garnishment letter.

A different rule for alimony claims

Under the practice of the Court of Cassation, garnishments made for ongoing alimony claims (those arising every month) are applied first, even if other garnishments were placed on the salary earlier, and they are not limited to one quarter; a deduction equal to the monthly alimony amount can be made. For accrued alimony claims, meaning those relating to past periods, the general rule in the Enforcement and Bankruptcy Law applies. For the general framework of garnishment and collection procedures, you can also see our Enforcement and Bankruptcy Law page.

If there are multiple salary garnishments

Multiple creditors can place garnishments on the same salary. In this case, the garnishments are not applied simultaneously; they line up in order. The first garnishment is applied first, and deductions go to that file until the debt in it is paid off. Once the first file is closed, deductions begin for the next file in line. As a result, creditors further down the line may be unable to collect for a long time. Ongoing alimony garnishments, however, are applied first regardless of this order. The order is, as a rule, determined by the date the garnishment was placed; therefore, a creditor requesting garnishment as soon as the proceeding becomes final is important for preserving their place in line. For the debtor, it should be remembered that interest continues to accrue on files waiting in line, meaning these debts can grow even before deductions begin.

Can a retirement pension be garnished?

Retirement pensions enjoy separate protection. Under Law No. 5510 on Social Insurance and General Health Insurance, income and pensions granted under that Law cannot be garnished or transferred to another party, except for alimony debts and claims of the Social Security Institution. Therefore, for an ordinary loan or commercial claim, placing a garnishment on a retirement pension without the debtor's consent is, as a rule, unlawful.

Banks sometimes add provisions to loan agreements consenting to deductions from the retirement pension. With respect to enforcement proceedings, the Enforcement and Bankruptcy Law provides that prior agreements are not valid regarding the garnishment of assets and rights whose garnishment is restricted by law; Law No. 5510 likewise provides that such garnishment requests will be rejected by the enforcement director unless the debtor has consented. In the Court of Cassation's established practice on enforcement garnishments, this consent is, as a rule, required to be given at the garnishment stage. On the other hand, in a 2025 decision published in the Official Gazette, the Court of Cassation Grand General Assembly for the Unification of Case Law held that, based on an express instruction given in a consumer loan agreement, a bank may place a block on the account into which the retirement pension is paid. Therefore, an enforcement garnishment and a bank's contract-based deduction must be assessed separately.

Avenues for having a garnishment lifted

Complaint of non-garnishability

When a garnishment is applied in violation of the law, for example when a garnishment is placed on a retirement pension for a non-alimony claim or when the deduction rate has been set incorrectly, the debtor can file a complaint with the enforcement court. As a rule, the complaint must be filed within seven days of learning of the action. Because this period is short, one must act quickly from the moment the garnishment letter is noticed.

Objections relating to the debt

If you believe the debt never arose or has been paid, you need to pursue avenues directed not at the salary garnishment itself but at the existence of the debt, for example an action for declaration of non-debt or an action for restitution. Our action for declaration of non-debt page may serve as a guide on this subject.

Payment plan and settlement

The debtor can undertake to pay in installments at the enforcement office under the conditions set out in the law, or can agree on a payment plan with the creditor either at the enforcement office or directly. As long as the installments are paid regularly, enforcement actions do not proceed; however, if one of the installments is not paid on time, the proceeding resumes from where it left off. Changes such as a serious drop in the debtor's income, illness, or an increase in the number of dependents may be grounds for requesting a reassessment of the deduction rate; however, for claims other than alimony, going below the statutory minimum of one quarter is, as a rule, not possible.

Our firm's support

On the creditor side, we assist with identifying the employer, following up on garnishment notices, and checking whether deductions are being made regularly. On the debtor side, we assist with complaints of non-garnishability, objections to the deduction rate, and payment plan negotiations with the creditor. Every file is unique; the debtor's income situation and the nature of the garnishments must be assessed separately in each specific case.