What is an attachment-free foot?
If your income has been garnished, a garnishment-free foot is established. This means the portion of your income that may not be seized. The bailiff can only take the portion of your income that exceeds the non-distraint amount. Normally, the attachment-free amount is 90% of the social security 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 above the non-distraintable 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 on the basis of the information known to us. In this context we would like to draw your attention to your duty of information, as stipulated in art. 475g Rv, which obliges you to inform us of your sources of income. We have asked you at an earlier stage to provide us with this information. If we have not received this information from you, we will use the established standard amounts to determine 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 asks the debtor for information in order to properly calculate the attachment-free foot.
Does the debtor not provide this information? If so, this may affect the amount of the attachment-free foot.
This can happen if the debtor does not provide information:
- The attachment-free foot can be reduced by half. This takes into account the income of the partner not subject to attachment, including vacation allowance.
- The attachment-free foot can be reduced entirely by the portion of the debtor’s income not subject to attachment.
- As long as no information is provided about the spouse’s/partner’s income, the attachment-free foot may be halved.
- If the income of a single person or single parent is not known to the garnishee, then the attachment-free foot may be calculated at 72% of the social security standard, instead of 90%.
- When a person has received too much benefit and must be repaid, failure to provide information has even greater consequences: the attachment-free foot may even be set to zero.
- Does someone not live or reside in the Netherlands? Then no attachment-free foot applies.
- Does the Basisregistratie Personen (BRP) state that someone has ‘departed, unknown where to’?
Then the bailiff assumes that this person resides abroad. Only if the person can prove that he or she is nevertheless living in the Netherlands, the attachment-free foot is applied again.
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 filling out the form is unsuccessful then you should provide us with the most recent details of your sources of income and expenses. Together with the necessary supporting documents including a copy of income statements and bank statements. Always mention 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
