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Scheme of seizing wages
Tartu bailiff Oksana Kuchmei
Bailiff’s fee calculators
Scheme of seizing wages
Scheme of seizing wages
Minimum wage:
€
Estimated subsistence minimum*:
€
Number of debtor’s dependants:
Debtor’s income (neto):
€
% to be seized (up to 20)**:
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Share absolutely not to be seized***:
€
Share not to be seized pursuant to general procedure****:
€
Subject to be withheld:
€
*The amount of the estimated subsistence minimum calculated on the basis of the data of the previous year as published by Statistics Estonia in the
Ametlikud Teadaanded
official publication.
**The percent to be seized on the basis of subsection 132 (1
2
) of the Code of Enforcement Procedure.
***The share of income calculated on the basis of subsections 132 (1
2
) and (1
3
) of the Code of Enforcement Procedure and not subject to seizure.
***The share of income calculated on the basis of subsections 132 (1) and (2) of the Code of Enforcement Procedure and not subject to seizure
Please note: If a bailiff sends a instrument of seizure of income, on the basis of which the claim for child support is fulfilled, to the obligated person for compliance, the formula included in the scheme of seizure of income is not applied to the fulfilment of such a claim and half of the minimum monthly wage established by the Government of the Republic will be left to the debtor irrespective of the size of income.
Legal basis
§ 132 of the Code of Enforcement Procedure
(1) Income shall not be seized if it does not exceed the amount of minimum wages prescribed for one month or a corresponding proportion of income for a week or day.
(1
1
) If making a claim for payment on other assets of a debtor has not led to or presumably does not lead to complete satisfaction of a claim for child support, up to fifty per cent of the income specified in subsection (1) of this section may be seized. If the amount seized out of the income of the debtor for the fulfilment of a claim for support of child is less than a half of the amount specified in subsection (1) of this section, up to one-third of the income of the debtor may be seized.
(1
2
) If making of a claim for payment on other assets of a debtor has not led or presumably does not lead to complete satisfaction of the claim, up to 20 per cent may be seized of the income which is not higher than the income specified in subsection (1) of this section, and from which the estimated subsistence minimum published by the Statistics Estonia has been deducted, regardless of the number of enforcement proceedings conducted concerning the debtor. Income shall not be seized if it is less than the estimated subsistence minimum published by the Statistics Estonia. The provisions of this section do not apply to claims for child support.
(1
3
) If a debtor has dependants, the 20 per cent specified in subsection (1
2
) of this section shall be calculated of the income of the debtor from which the amount not subject to seizure pursuant to subsection (2) of this section per each dependant and the estimated subsistence minimum published by the Statistics Estonia has been deducted.
(2) If, pursuant to law, a debtor maintains another person or pays alimony to him or her, the amount not subject to seizure increases by one-third of the minimum monthly wages per each dependant unless a claim for child support is subject to compulsory execution.
(3) Up to two-thirds of an amount equivalent to five times the minimum wages may be seized, and all the income which exceeds an amount equivalent to five times the minimum wages may be seized out of the proportion of income exceeding the amount not subject to seizure, provided that the amount subject to seizure does not exceed two-thirds of the total income. This provision does not apply if a claim for support is subject to compulsory execution.
