If your income has been garnished, a garnishment-free foot is established. This means the portion of your income that cannot be taken. The bailiff can only take that portion of income that exceeds the non-distraint amount. Normally, the attachment-free foot is 90% of the social assistance standard.
In addition, the attachment-free foot takes into account housing costs, health insurance premiums and possibly other income of you and your partner. The portion in excess of the non-dischargeable amount will be transferred to the bailiff by your employer or benefits agency until the entire debt is paid. Your employer or benefits agency is obliged to cooperate.
How does Bosveld calculate my attachment-free foot?
Bosveld establishes your attachment free foot based on the information known to us. In this context, we would like to remind you of your obligation to provide information, as stipulated in art. 475g Rv, which obliges you to inform us of your sources of income. We have requested you to provide us with this information at an earlier time. If we have not received this information from you, we will apply the established standard amounts for determining your attachment-free foot.
If circumstances change at a later stage, it is wise to let us know immediately. As soon as we have processed this information, we can recalculate the attachment-free foot if necessary.
Calculating your fittings-free foot yourself
Calculating the attachment-free foot is not easy. You can calculate your fittings-free foot yourself on the website http://www.uwbeslagvrijevoet.nl/. The website is an initiative of the central government.
My attachment-free foot has been reduced, halved or set to €0.00, how is this possible?
The bailiff will request information from the debtor in order to determine the attachment-free foot. If the debtor does not provide information, this may affect the amount of the attachment-free foot in the following situations.
- No more than half of the attachment-free foot is reduced by the unattached income including vacation allowance entitlement of the spouse or partner.
- The attachment-free foot is reduced in full by the debtor’s unattached income.
- As long as no information is provided about the spouse’s/partner’s income, the attachment-free foot may be halved.
- If the periodic income of the single (parent) is not known to the garnishee, the attachment-free foot may be set at 72% instead of 90% of the applicable social security standard.
- When recovering benefits received in excess, failure to provide information has even greater consequences. The attachment-free foot may then be set at zero.
- When a person does not live or have permanent residence in the Netherlands, no attachment-free foot applies.
- When the municipal basic administration records state “departed unknown whereabouts,” the bailiff assumes that the person concerned will reside abroad. Only when the person concerned demonstrates that he/she is nevertheless residing in the Netherlands will the attachment-free foot be applied.
What do I need to do to adjust or recalculate my garnishment footing?
Is something not right? Or is something missing? Then you can report this to us in the online form with the ‘Request adjustment of the attachment-free foot’. You can find that form HERE.
If completing the form is unsuccessful then you should provide us with the most recent details of your sources of income and expenses. Along with the necessary supporting documents including a copy of income statements and bank statements. Always include your file number. The file number is in all our letters and e-mails.
E-mail: info@bosveld.nl
Fax: 033 – 47 00 002
Correspondence address: P.O. Box 806 – 3800 AV Amersfoort
