As of July 1, 2025, the procedure for wage garnishment is changing: a new preliminary step is now required before any action can be taken by the employer. Here's what you need to know.
What is wage garnishment?
Attachment of wages, also known as seizure of remuneration, is a legal procedure whereby part of an employee's net salary is directly deducted to pay off an unpaid personal debt. This operation is ordered by a court decision and is binding on the employer, who must then pay the seized portion to the creditor every month until the debt is extinguished.
This means that the employee no longer receives his or her full salary, but retains at least a sum known as the "non-attachable bank balance" (SBI), which guarantees a minimum income. Seizure may concern any type of employment contract (permanent, fixed-term or temporary).
What is the new procedure prior to a company taking action?
1. Order for payment :
Signed by a judicial commissioner (formerly a bailiff) to the employee debtor. Time limit: 1 month to regularize or negotiate with the creditor.
2. Seizure report :
In the event of failure to regularize the situation, an official report is recorded in a digital register of seizures and sent to the employer (between 1 and 3 months after the order).
What can the employer do?
- Informing the employer by means of an official notice of seizure of wages sent by the judicial commissioner,
- 15 days following receipt of the notification, the employer must forward to the commissaire de justice
- information on the employee's situation
- Information on any other entries
- monthly payment of seized sums
- calculation of the portion of wages subject to seizure,
- levy and pay to the commissaire de justice without interruption until receipt of the notice of termination
- show the amount and nature of the seizure on the pay slip
- inform the commissaire de justice within eight days of any change in the employee's situation (e.g. sick leave, departure of the employee)
- Respect for the employee's rights: unseizable part of his remuneration guaranteeing a minimum subsistence level, i.e. the lump sum of the RSA for a single person 646.52 € since April1, 2025.
What are the consequences and possible actions to contest?
Employer's liability :
- In the event of non-payment, he may be declared liable for the sums seized.
- An order may be issued against him, enforceable after 15 days without opposition.
Contestation by the employee :
Administrative seizure :
- If Treasury lien, suspends wage garnishment
- Otherwise, the distribution is handled by the commissioner of justice.
- Breach of contract: entry can be resumed with a new employer within one year
Contestation by the employee :
- Possible at any time before the execution judge
- If filed within one month of the summons to pay, the procedure is suspended.
Whatabout distribution of payments?
- The commissaire de justice pays the creditor(s) at least every 1.5 months
- Employee or creditors may contest the distribution within 8 days
On which foreclosures does this reform apply?
Applies to new foreclosures as of this date
- Ongoing applications without a judge's decision will continue to be governed by the old system* All payments to the clerk's office will be inadmissible as of July 1, 2025
- Ongoing proceedings authorized by the judge will be transferred to the commissaire de justice
In conclusion
| Before July1, 2025 | From July1, 2025 |
| Prior authorization from the execution judge required | No more upstream intervention by the judge: (diversion) |
| Procedure managed by the Court Clerk's Office | Procedure managed by a distributing commissioner of justice |
| Payment to the clerk's office | Payments to be made to the appointed commissaire de justice |
