How much the bank can withhold from the salary. On the limitation of the amount of deductions from the wages of employees: how much can be withheld and what is the maximum reduction in wages due to deductions. How much can be deducted from salary

25.08.2021Heading: Views

If a person has violated the law or infringed on the rights of another person, they may begin to collect money from him forcibly. Usually bailiffs write off part of the salary to pay off the debt. If it is the only source of income, it will negatively affect the person's standard of living. In order not to leave the debtor without a livelihood, the law fixes the amount of capital that can be compulsorily written off. However, not everyone knows how much percent of the salary can bailiffs withhold.

If a part of the salary is taken from a person, he should familiarize himself with the provisions of the current legislation and relevant information on the topic available on the official website of the FSSP -.

Having knowledge will allow a person to protect their rights. We will talk further about how much can be deducted from wages, what compulsory deductions from income must be paid in favor of the state, as well as how to appeal the blocking of wages.

Obligatory deductions from wages

In accordance with current legislation, the population must take part in financing the federal budget. The action is carried out by means of deductions levied on the wages of each person. The deduction of funds to the state treasury is carried out by the accounting department of the organization. The amount of deduction to which the remuneration of each citizen is subject is fixed in the current legislation.

The following automatic write-offs occur from the salary:

payment of personal income tax;
payment of payments to the social insurance fund;
payment of contributions to the pension fund;
payment of contributions for compulsory health insurance.

The above contributions cannot be called 100% withholding. The payment is made with the help of the organization in which the citizen operates. The money is used to accumulate pensions, pay taxes and other purposes.

Income withholding can also occur as a result of the following situations:

the employee received more money as a result of a mistake;
the person received capital on account and did not return them in the prescribed manner;
there are other cases.

The write-off must be carried out legally. If they are absent, the action is considered illegal. The person has the right to challenge the decision and return the withheld money.

Withholding of a part of wages according to the writ of execution

The law allows bailiffs to withdraw part of the money from a citizen's salary card as payment for a writ of execution by a court decision. This is possible if a person has debts to organizations, the state or other persons.

Money can be collected if a person was responsible for material values and could not ensure their safety.

The value of the property will be deducted from wages. In order for bailiffs to receive the right to withhold funds from a citizen's income, there must be documented grounds.

The following can act as papers regulating the process:

Performance list. The document is used more often than others. It allows you to deduct part of the money from the citizen's salary. The document is provided on the basis of a court decision.
Court order. The paper is drawn up on the basis of a court decision. If there is a debt, the person has the right to go to court. It is necessary to submit documentation to the authorized body confirming the existence of a debt and its size. On the basis of the court decision, a writ of execution will be provided. The document allows you to write off part of the income to pay the debt.
Agreement on voluntary payment of alimony certified by a notary. In practice, collection on the basis of paper is rarely carried out. The agreement is concluded on a voluntary basis. In order for the transfer of alimony to be carried out automatically, a citizen can transfer the paper to the accounting department. Based on the document, authorized employees will independently transfer money to pay for obligations.
Resolution of the bailiffs. Withholding is only carried out if there is a corresponding regulation.

The list is not exhaustive. The law also fixes a number of other securities serving as the basis for writing off. The list depends on the specifics of the current situation.

How is a part of income withheld?

A payroll account can be arrested if a case is initiated and a debt collection order is issued. When the bailiff receives the document in his hands, he will send the paper to the place of work of the debtor.

Usually the order contains the following information:

place of work of the debtor;
legal address of the organization;
postal address of the company;
information about legal proceedings;
information about the decision taken;
the amount of money that can be withheld.

All necessary documents are sent by mail to the debtor's employer. The papers are sent by registered mail.

Usually, all received documents are transferred to the director of the organization. He must sign the decree and submit it to the accounting department.

Usually the company seeks to cooperate with bailiffs and complies with all necessary regulations.

Having received the document, the accountant will make a calculation based on the executive request. The wages will be lower. At the end of the month, the citizen will receive less than the standard amount.

Writing off part of the money from wages to pay off debt is one of the softest options for debt repayment.

As soon as the settlement of the obligations is made, the person will again be able to receive remuneration in full. If a person believes that the write-off is being carried out in excess, he can contact a lawyer and get advice on this matter.

How much can you deduct from your salary?

Bailiffs act in strict accordance with the law. Employees of the organization have the right to write off part of the money from the salary of a citizen in the following situations:

there is a writ of execution allowing to claim a certain amount;
the debtor's place of work is known;
the amount of debt on a loan or other obligations is at least 10,000 rubles;
the person does not have money or property that can be used to pay off the debt.

The hold will be conducted by one of the employees of the Federal Bailiff Service. The specialist will send the writ of execution to the address of the debtor's employer. The document acts as the basis for writing off funds to pay the debt. If a citizen decided to quit, information about this will be transferred to the Federal Bailiff Service. The writ of execution will be sent to the new place of work.

Understanding how much bailiffs can withhold from their salaries, if there are children, a citizen will find out that the maximum amount cannot exceed 30%. If a person is raising a child alone, retention is reduced to 25%. In standard situations, according to a writ of execution, no more than 50% of the income received will be written off.

Not all funds can be used to pay off debt. The law prohibits the seizure of:

the payment that a person receives in connection with a layoff at work;
benefits provided in connection with an occupational disease or as a result of an accident at work;
payments and benefits that are provided on the occasion of the birth of a child;
a citizen has children under 3 years old;
additional payment received by a person working in harmful working conditions.

An organization that has received a writ of execution does not have the right to refuse to comply with a court decision. Therefore, it will not be possible to settle the issue of writing off part of the funds with the management of the organization. Experts advise to go into dialogue with bailiffs. Earlier, employees of the organization received bonuses for debt collection. This promotion has now been canceled. Therefore, a citizen may try to negotiate with a bailiff by discussing convenient conditions for closing the debt.

How to appeal a decision?

Having found out what amount bailiffs can write off from salaries, a citizen will be able to exercise control over the legality of the actions of bailiffs. The maximum deduction threshold cannot exceed 50% of the debtor's wages.

If a person believes that the write-off is being carried out unlawfully, he has the right to go to court. Initially, you will need to prepare an evidence base. In its absence, you should not count on a positive decision.

To challenge the current amount of the write-off, a citizen can provide the following documents:

certificate of remuneration;
a document confirming the presence of a disability;
a certificate confirming the presence of serious diseases;
papers confirming that the person is raising a child alone;
papers confirming the fact of caring for a disabled person;
credit agreements with the bank, if there are other documents to confirm the correctness of the citizen.

The current legislation does not allow seizing a person's wages if their value is less than the subsistence level. Dependents in the care of the debtor are taken into account. Having prepared the necessary documents, a person must write an application for the reduction or cancellation of the withholding of funds in order to pay off the debt.

When deciding whether to carry out the cancellation of the arrest imposed on a person's income, it is worth being guided by the individual characteristics of the situation.

So, if a person receives a high salary in an envelope, and the official income is small, it is unprofitable to remove the block. To avoid the imposition of penalties on the wages of a citizen, experts recommend timely payment of existing arrears. This will prevent litigation and the decision to enforce the collection of funds from a person's income.

It includes Labor Code and selected federal laws, in particular, the Family and Tax Code, the Law on Enforcement Proceedings, On Trade Unions and some others. As well as other regulations, including local and authorized bodies, in particular Rostrud... It is directly related to the relationship in question. letter PR / 7156-6-1 concerning the size of the possible withdrawal.

FEDERAL LABOR AND EMPLOYMENT SERVICE

LETTER

In the Legal Department of the Federal Service for Labor and Employment, a request-appeal has been considered. We report the following.

The employer has the right to make monthly deductions from the employee's wages only in the cases listed in article 137 of the Labor Code of the Russian Federation (hereinafter referred to as the Code).

No other additional deductions from wages are allowed by the employer's decision.

According to Article 138 of the Code, the total amount of all deductions for each payment of wages cannot exceed 20 percent, and in cases stipulated by federal laws - 50 percent of the wages owed to the employee.

These articles deal with deductions from wages, which are made regardless of the will of the employee in order to pay off the employee's debt to the employer or other persons.

In the situation described in the request, we are not talking about withholding, but about the will of the employee to dispose of the accrued wages.

From our point of view, an employee can dispose of his wages at his own discretion, including by repaying the loan, by submitting an application to the employer's accounting department. In this case, the provisions of Article 138 of the Code do not apply in this case.

Head of the Legal Department A.V. Anokhin

Immediate grounds for deductions can be:

Article 137. Limitation of deductions from wages

Deductions from the employee's wages are made only in cases provided for by this Code and other federal laws.

Deductions from the employee's wages to pay off his debts to the employer can be made:

to reimburse the unearned advance paid to the employee on account of wages;
to pay off an unspent and timely not returned advance payment issued in connection with a business trip or transfer to another job in another locality, as well as in other cases;
for the return of amounts overpaid to the employee due to counting errors, as well as amounts overpaid to the employee, if the body for consideration of individual labor disputes recognizes the employee's guilt in failure to comply with labor standards (part three of Article 155 of Article 157 of this Code);
upon dismissal of an employee before the end of the working year, on account of which he has already received an annual paid vacation, for unworked vacation days. Deductions for these days are not made if the employee is dismissed on the grounds provided for by paragraph 8 of part one of Article 77 or paragraphs 1, 2 or 4 of part one of Article 81, paragraphs 1, 2, 5, 6 and 7 of Article 83 of this Code.

In the cases provided for in paragraphs two, three and four of part two of this article, the employer has the right to make a decision to deduct the employee from the wages no later than one month from the end of the period established for the return of the advance payment, repayment of debt or incorrectly calculated payments, and provided that if the employee does not dispute the grounds and amount of the deduction.

Wages overpaid to an employee (including in case of incorrect application of labor legislation or other regulatory legal acts containing labor law norms) cannot be collected from him, except for the following cases:

counting error;
if the body for the consideration of individual labor disputes recognized the employee's guilt in failure to comply with labor standards (part three of Article 155 of this Code) or simple (part three of Article 157 of this Code);
if the salary was paid to the employee in excess in connection with his illegal actions established by the court.

Article 248. Procedure for recovery of damage

The recovery from the guilty employee of the amount of damage caused not exceeding the average monthly earnings is carried out by order of the employer. The order can be made no later than one month from the date of the final determination by the employer of the amount of damage caused by the employee.

If the monthly period has expired or the employee does not agree to voluntarily compensate the damage caused to the employer, and the amount of damage caused to be recovered from the employee exceeds his average monthly earnings, then recovery can only be carried out by a court.

If the employer does not comply with the established procedure for collecting damage, the employee has the right to appeal against the employer's actions in court.

An employee guilty of causing damage to the employer can voluntarily compensate it in whole or in part. By agreement of the parties to the employment contract, compensation for damage with payment by installments is allowed. In this case, the employee submits to the employer a written commitment to compensate for damage, specifying the specific timing of payments. In the event of the dismissal of an employee who gave a written commitment to voluntary compensation for damage, but refused to compensate for the specified damage, the outstanding debt is recovered in court.

With the consent of the employer, the employee may transfer to him equivalent property for compensation for the damage caused or repair the damaged property.

Compensation for damage is made regardless of whether the employee is brought to disciplinary, administrative or criminal liability for actions or omissions that have caused damage to the employer.

Maximum and minimum amounts

The topic "maximum deduction from wages and minimum" should be divided and the question should be asked separately for voluntary and mandatory deductions.

As Rostrud points out, in letter PR / 7156-6-1(see text above), restrictions 138th Art... do not apply to seizures made on application employee, within the time and amount specified by him. So a hard worker on one's own and voluntarily disposes of his funds and establishes what is the maximum amount for him and what is the minimum. He can dispose of part of the salary or ask to withhold it. wholly for selected needs: payment of utilities, transfer to third parties, pay under contracts.

Article 138 of the Labor Code "Limiting the amount of deductions from wages" is related to compulsory and based on the 137th Art. TC orders the employer and will help to calculate the percentage of the deduction amount. Here you can mention, in addition to the 138th, still the 99th Art. Of the Law on Enforcement Proceedings containing similar provisions.

138th Art. TC contains the following size restrictions:

their total size cannot exceed 20% ;
in cases established by laws (On Enforcement Proceedings, Criminal Executive Code) - 50% ;
for exceptional cases, there is a general limit of 70% - these are deductions for correctional labor, for alimony, in compensation for harm to health, death of a breadwinner, from a crime.

Article 138. Limitation of the amount of deductions from wages

The total amount of all deductions for each payment of wages may not exceed 20 percent, and in cases stipulated by federal laws - 50 percent of the wages owed to the employee.

If the employee is deducted from wages under several executive documents, in any case, 50 percent of the wages should be retained.

The restrictions established by this article do not apply to deductions from wages when serving correctional labor, recovering alimony for minor children, compensation for harm caused to the health of another person, compensation for harm to persons who have suffered damage in connection with the death of a breadwinner, and compensation for damage caused by a crime. ... The amount of deductions from wages in these cases cannot exceed 70 percent.

Deductions from payments for which, in accordance with federal law, are not levied are not allowed.

Article 99. The amount of deduction from wages and other income of the debtor and the procedure for calculating it

The amount of deduction from wages and other income of the debtor, including from remuneration to the authors of the results of intellectual activity, is calculated from the amount remaining after withholding taxes.
When executing a court order (several executive documents), no more than fifty percent of wages and other incomes may be withheld from a citizen debtor. Deductions are made until the full execution of the requirements contained in the executive document.
The limitation of the amount of deduction from wages and other incomes of a citizen debtor, established by part 2 of this article, shall not apply when collecting alimony for minor children, compensation for harm caused to health, compensation for harm in connection with the death of a breadwinner and compensation for damage caused by a crime. In these cases, the amount of deduction from wages and other income of the debtor-citizen may not exceed seventy percent.
The restrictions on the amount of deduction from wages and other incomes of a citizen debtor, established by parts 1 - 3 of this article, shall not apply when levying execution on funds in the debtor's accounts, to which the employer credits wages, with the exception of the amount of the last periodic payment.

At the same time, the PEC limits the amount of deductions from salary for the least protected persons serving sentences: disabled people, the elderly, women with children.

Dependence of size on the type of retention

According to the application the employee can be held without being embarrassed by the size. Limitations of the 138th Art. Labor law (Labor Code of the Russian Federation) does not apply to them.

For obligatory payments limited and size and order.

So, according to the 137th and 248th articles of the Labor Code, the recovery unduly received the employee of the amounts or compensation for harm, possibly no later than a month from the moment, respectively, the occurrence of the obligation to return (eg advance payment) or the determination of the amount of material damage in the final amount.

In this case, TC indicates need for consent employee for withdrawal. With a few stipulated exceptions 137 and 248. This means that without consent, such amounts can be withheld only by court order.

Selected cases

…Bank loan

If there is a court decision that has entered into force, and a writ of execution is presented to the employer for compulsory compensation of the employee's debt under a loan agreement, then the amount of deduction cannot be more than 20% or 50% withholding on several documents - 2nd para. 138th Art. (for details on how to withhold alimony or other debts under a writ of execution when paying for labor, read).

And if the withholding is made on the basis of statements employee, from the period and in the amount specified in it, then it is possible to keep all sum of course minus mandatory payments... But coerce to this involuntarily, neither the bank, nor other counterparty, nor the employer can not.

... compensation for shortage or damage

In this case, we are talking about the material responsibility of the employee, in this case for the shortage. These questions are regulated by the 39th chapter. TC.

Article 39. Guarantees and compensation to persons participating in collective bargaining

Persons participating in collective bargaining, preparation of a draft collective agreement, agreement, are exempted from the main job with the preservation of average earnings for a period determined by agreement of the parties, but not more than three months.

All costs associated with participation in collective bargaining are compensated in the manner prescribed by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, an agreement. Payment for the services of experts, specialists and intermediaries is made by the inviting party, unless otherwise provided by the collective agreement or agreement.

Employee representatives participating in collective bargaining, during the period of their conduct, cannot be disciplined, transferred to another job or dismissed at the initiative of the employer without the prior consent of the body that authorized them to represent which in accordance with this Code, other federal laws provides for dismissal from work.

247th Art. obliges the employer to establish the damage and the causes of its occurrence, but to recover it is not obliged to(Article 240 "The employer's right to refuse to recover damages from the employee").

Article 247. Obligation of the employer to determine the amount of damage caused to him and the reason for its occurrence

Before making a decision on compensation for damage by specific employees, the employer is obliged to conduct an inspection to establish the amount of damage caused and the reasons for its occurrence. To carry out such a check, the employer has the right to create a commission with the participation of relevant specialists.

It is mandatory to request a written explanation from the employee to establish the cause of the damage. In case of refusal or evasion of the employee from providing the specified explanation, an appropriate act is drawn up.

The employee and (or) his representative have the right to get acquainted with all the materials of the inspection and to appeal them in the manner prescribed by this Code.

Article 240. Right of the employer to refuse to recover damages from the employee

The employer has the right, taking into account the specific circumstances in which the damage was caused, to completely or partially refuse to collect it from the guilty employee.

The owner of the organization's property may restrict the specified right of the employer in cases provided for by federal laws, other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local government bodies, constituent documents of the organization.

The procedure for collection itself is regulated by Article 248 (see text above):

In all cases of involuntary exemptions, the general limitations of Article 138 (see text above) in terms of size apply.

It happens that an employee agree to compensate, the parties enter into an agreement, and the employee draws up a corresponding statement. In this case, he is driven by his goodwill and no size restrictions.

Ability to keep all salary

With regard to voluntary deductions at the request of an employee, the question is tantamount to another: "Is it possible to hand over the entire salary to an employee?"

Not only common sense, but also Rostrud stands in the position that there are no limits for voluntary deductions therefore, all wages can be withheld.

And here for mandatory withdrawal the maximum amount of withholding is determined by the 138th Labor Code, the Law on Enforcement Proceedings and the PEC. At the same time, additional restrictions must be taken into account: a list of incomes that cannot be foreclosed.

These are, for example, payments in connection:

with a business trip;
referral to work in another area;
with payment for worn-out tools belonging to the employee;
with the birth of a child;
with insurance coverage;

Deductions from wages have some specificity convicted.

It is determined by the Federal Law on Enforcement Proceedings (Art. 100) and the Criminal Executive Code (Art. 44 and 107), which strictly limit the percentage of deductions from the salary of this category of citizens.

Law "On Enforcement Proceedings"
Article 100. Levy of execution on wages, pension or other income of a debtor-citizen serving a sentence

Execution according to executive documents applies to the wages of citizens sentenced to correctional labor, minus the deductions made according to the verdict or court order.
Execution according to executive documents shall be applied to wages, pensions or other incomes of citizens serving sentences in correctional institutions, including medical correctional institutions, medical and preventive institutions, as well as in pre-trial detention centers when they perform the functions of correctional institutions in relation to these citizens.

Article 44. The procedure for making deductions from wages of persons sentenced to correctional labor

The penitentiary inspectorates exercise control over the correctness and timeliness of deductions from the wages of those sentenced to correctional labor and the transfer of the withheld amounts to the appropriate budget. To carry out such control, criminal executive inspectorates have the right to involve financial and tax authorities.
Deductions are made from the wages at the main place of work of the convict for each month worked when paying wages, regardless of the presence of claims against him under the executive documents.
When making deductions, the monetary and in-kind part of the convict's salary is taken into account. The amounts withheld are transferred to the respective budget on a monthly basis.
Deductions are not made from benefits received by convicts in the manner of social insurance and social security, from lump sum payments, with the exception of monthly insurance payments for compulsory social insurance against industrial accidents and occupational diseases.
Benefits for temporary incapacity for work of a convicted person shall be calculated from his salary, excluding deductions, in the amount established by the court verdict.
In cases of cancellation or change of the court verdict with the termination of the case, the amounts unduly withheld from the convicted person's salary shall be returned to him in full.
The penitentiary inspectorate, the convicted person himself or the administration of the organization in which he works, have the right to apply to the court with a petition to reduce the amount of deductions from the convict's salary in the event of a deterioration in his financial situation. The decision to reduce the amount of deductions is made taking into account all the income of the convicted person.

Part 3 of the 107th Art. The PEC establishes, in part, even more humane than general rules:

the personal account of the convicts is credited not less than 25% salary;
the elderly, minors and women with small children - not less than 50% accrued salary.

Criminal Executive Code of the Russian Federation
Article 107. Deductions from wages and other incomes of persons sentenced to imprisonment

Deductions are made from the wages, pensions and other incomes of those sentenced to imprisonment in order to reimburse the expenses for their maintenance in accordance with part four of Article 99 of this Code.
Reimbursement by convicts of expenses for their maintenance is made after all claims of recoverers have been satisfied in the manner established by Federal Law No. 229-FZ of October 2, 2007 “On Enforcement Proceedings”.
In correctional institutions, regardless of all deductions, at least 25 percent of their wages, pensions or other income are credited to the personal account of convicts, and to the personal account of convicted men over 60 years old, convicted women over 55 years old, convicts who are disabled of the first or second group , convicted juveniles, convicted pregnant women, convicted women with children in children's homes of a correctional institution - at least 50 percent of their wages, pensions or other income accrued.

The limitation of the amount of forced deductions is due to concern for rights employee, the inadmissibility of depriving him of all means of subsistence.

At the same time, a worker, as a full participant in labor relations, has the right voluntarily dispose their income by making any withholding requests.

The amount of remuneration is what first of all worries people during employment. Each employee is confident that his work is undervalued. And even more so when they are additionally withheld from the salary, it makes you upset. This article is devoted to the topic "How much percent of the salary can bailiffs withhold." Also, the article will provide information on what compulsory deductions are, what payment for writs of execution is, and how to remove an arrest from a salary card.

All additional questions can be addressed to the portal's lawyers.

The consultations are free of charge and are provided around the clock.

Russian legislation obligatory attracts the population to finance the federal budget through deductions from wages with the help of the enterprise accounting department.

The amount of deductions from wages that are automatically deducted are as follows:

Personal income tax;
contributions for compulsory medical insurance;
payments to the FSS.

Nevertheless, these contributions cannot be called 100% withheld, since their payments are made by the employee with the help of the organization in which he works. In addition to these contributions, there is one more deduction from the salary, which can be deducted from the payment for writs of execution.

Deduction from wages under the writ of execution occurs as a result of the resulting debt to other persons or organizations. And in addition, they can withhold part of the remuneration if the employee was responsible for material values and could not ensure their safety. Then the value of this property is recovered from his salary.

In addition, they may be charged based on the following points:

an error occurred while calculating wages;
return of funds issued against the report and not returned in accordance with the established procedure;
other cases.

Documents on the basis of which bailiffs can withhold part of the salary:

Performance list. Perhaps, this document can be called the most widespread, since it is most often used. It is necessary so that, by a court decision, it was possible to deduct a percentage from wages.
Judgment in the form of an order. This document is created on the basis of a court decision. That is, if a debt has arisen, an organization or an individual submits supporting documentation to the court. By the decision of the court, he is issued a writ of execution, on the basis of which it is possible to claim the return of the debt according to the law.
Agreement on voluntary payment of alimony, certified by a notary. This document is rarely seen as it is. the married couple must sign it voluntarily. It is easier and easier for an employee of the organization to contact the accounting department so that with the salary they retain part of the funds to pay alimony obligations.
Resolution of the bailiffs. Bailiffs can deduct from salaries, if there is an appropriate decree for that.

There are other types of documents, on the basis of which the bailiffs can collect some part of the wages. The maximum amount of deductions will be discussed in the next section.

Retention process with salary

The bailiffs have the right to seize the salary account on the basis of the initiated case and, as a result, the issuance of an order to collect the debt.

After the bailiff has the document in her hands, she sends it to the specified place of work. As a rule, the decree specifies: where the debtor works, the legal and postal address of the organization, data on the proceedings and the decision, as well as what part of the salary can be withheld. Further, the bailiff with the help of the post office sends all documents by registered mail to the address of work.

It should be noted that all mail, as a rule, goes to the table of the company's management. It is the director of the organization who must sign the decree and send it for execution to the accounting department.

After that, the accountant makes a calculation based on the executive request. The amount to be deducted depends on various nuances, which will be discussed in another section.

Thus, at the end of the month, the employee will receive a lower pay due to withholding. The obvious fact is that there is execution - you have to pay. Note that withholding from salary is the mildest option for calculating debt. The paid debt in a short time will allow the employee to receive wages in full.

If you think that a too high rate is withheld from wages, you can get free legal advice on our portal.

Competent lawyers, having familiarized themselves with the case, will be able to help resolve all the issues that have arisen. They will also give step-by-step instructions on how to reduce the amount of payments, if this is possible in your case. Leave a request for consultation in the online form or call us by phone.

How much can you deduct from your salary?

The legality of the actions of bailiffs to recover from wages is regulated by Article 98. Based on this, it is possible by law to take part of the money from the salary if:

There is a writ of execution, which specifies the requirement to pay a certain amount. If the banking institution knows the place of work of the debtor, then they, as a rule, indicate the write-off from his salary. The claim by court order is sent to the accounting department, which makes a certain deduction from the salary every month.
The debt is less than 10,000 rubles.
In cases where the debtor does not have savings or property that can be used to pay off the debt.

The bailiff in charge of the debt sends a writ of execution to the organization, on the basis of which it is necessary to make deductions. If an employee leaves, then information about this is transmitted to the bailiff, and he again sends him to a new place of work.

Many people are worried about the question "Money from wages can be withheld by bailiffs, what percentage?" Article No. 99, clause 2 regulates that no more than 50% of the wages under the writ of execution can be withheld. Nevertheless, there are a number of restrictions that are established by the Labor Code of Russia:

If there are children under the age of 18 and receive education at the institute on the basis of a contract. In this case, the bailiff has the right to withhold no more than 30%.
If a parent is raising a child alone. This allows you to take only 25% of your wages.

Also, according to the law, it is prohibited to arrest:

benefits that are paid by the FSS in case of accidents at work or occupational disease;
the additional payment that is due if the employee works in harmful conditions;
if the employee is caring for a disabled person with category 1;
payments due to an employee in case of redundancy at work;
payments and benefits intended at the time of childbirth or if there is a child under 3 years old.

Note that an organization that has received an executive document prescribing to transfer part of the salary of an employee to pay the debt cannot refuse to comply with the court's decision. In view of this, it will not be possible to settle this issue with the management.

The portal's specialists note the importance of maintaining a correct dialogue not only with the bank or collectors, but also with the bailiffs. Previously, bailiffs received a bonus for collected debts, but now this has been canceled. In view of this, it is much easier to come to an agreement with the executor on the case, because they are not as zealous in their work. Thus, the debtor can repay the debt in the optimal time frame and on good terms, thereby avoiding the inventory and seizure of property.

How to appeal the blocking of salary?

The bailiffs seized the payroll account. At the same time, the maximum retention threshold should not exceed 50% of income. If a person has reason to disagree with the amount, then some measures should be taken to appeal the court order.

The first thing to do is to start collecting the evidence base on the basis of which you can justify your position. Otherwise, it will be problematic to prove that it is not possible to pay off the debt in such a volume.

So, the evidentiary documents are as follows:

certificate from work on remuneration;
loan agreements with other organizations (if any);
certificate of a serious illness;
the presence of a disability;
caring for a disabled person;
upbringing of a minor child by one parent;
as well as other documents.

It should also be borne in mind that according to article 446 of the first part of the seventh paragraph, arrest on a salary account is impossible if the salary is less than the living wage of a person, as well as those who are dependent on him.

Then, a person needs to write an application to reduce the amount of withheld funds from his wages. In the event that this wage is less than the established minimum, then an application is written to cancel the blocking.

Nevertheless, it must be borne in mind that if, for example, the salary is 25,000 rubles, and officially a person has a minimum wage, then imposing a lock on salary is more profitable. Cancellation of the arrest in this case is not relevant.

Approximate calculation:

RUB 25,000 - employee salary.

7500 - the minimum wage threshold in the country.

50% retention from the minimum, this is RUB 3,750.

In total, the employee will receive 21,250 rubles.

As you can see, the difference is not big. Based on this, we recommend that the debtor not exceed his rights and immediately run to understand and reduce monthly payments. Also, portal experts recommend paying as much as possible.

However, let's continue. The collected evidence should be attached to the application and sent by registered mail with notification to the address of the bailiffs.

If the answer is yes, the bailiff will decide to make a recalculation and send this requirement to the organization at the place of work.

In the event that a refusal to satisfy the petition comes, a statement and a response from the bailiff should be sent to the judicial authorities. The position of the debtor in court is such that, at a rate of 50% of wages, it is unaffordable. Arguments - the inability to pay other loan obligations, pay utility bills, purchase food and drugs prescribed by the attending doctor, etc.

Valery Isaev

Valery Isaev graduated from the Moscow State Law Institute. Over the years of work in the legal field, he has conducted many successful civil and criminal cases in courts of various jurisdictions. Extensive experience in legal assistance to citizens in various fields.

The court exacted a loan debt from me. The bailiffs sent a writ of execution to my job, now they are withholding money from my salary. What if I can't live on the rest of my salary?

Cases of foreclosure on wages are provided for in Article 98 of the Law "On Enforcement Proceedings":

when it comes to collecting periodic amounts, for example, alimony;
if the amount of debt is not more than 10,000 rubles;
if you do not have any other property or it is not enough to pay off the debt in full.

According to the Law on Enforcement Proceedings, the foreclosure is primarily applied to funds (for example, those in the debtor's current account). Since it came to deductions from wages, it means that other methods of collection tried by the bailiffs did not lead to the repayment of the debt, and they did not find any other property on you.

The accounting department at your place of work cannot fail to fulfill the requirement of the bailiffs and will be obliged to start withholding money from your salary immediately after receiving the documents from the bailiff. The amounts withheld within 3 days must be transferred to the escrow account of the department of bailiffs. And from there, the bailiffs will distribute them among all your claimants and transfer them to their accounts. Withholdings continue until the entire amount of the debt is paid off.

What part of the salary can bailiffs keep?

No more than 50% of your salary and your other income, regardless of the number of your enforcement proceedings. The size is determined from the salary "net", that is, after taxes have been deducted from it. In exceptional cases, they can withhold up to 70% of the salary. This applies to alimony debtors for children under 18 years of age, as well as those who are obliged to compensate for harm caused to health in connection with the loss of a breadwinner, damage as a result of a crime.

How can you change the amount of deduction from your salary?

1) Offer the bailiff-executor another option to pay off the debt.

According to the law on enforcement proceedings (part 5 of article 69), you, as a debtor, can indicate to the bailiff the property on which you are asking for foreclosure in the first place. For example, someone owes you money for another enforcement proceedings, or you have property that you are ready to part with and give it to pay off a debt. Write a petition addressed to the bailiff-executor, ask to cancel the foreclosure on your salary and to foreclose on your other property (indicate specifically which one).

2) Try to negotiate directly with the claiming bank.

In some cases, banks meet halfway and agree to monthly accept a certain amount from the debtor to pay off the debt. If you consistently and conscientiously repay the debt, the bank may not take any harsh collection measures and not ask the bailiff to do so.

3) Try to arrange for an installment plan or deferral of the execution of the court decision.

If the bank does not meet halfway or offers an unbearable amount of monthly payment, you can go to the court that made the decision in your case. The Law on Enforcement Proceedings establishes that if the debtor was granted an installment plan, the requirements of the writ of execution will be executed only within the framework of the provided installment plan. In this case, you will simply extinguish the next payment to the bailiffs or the bank on a monthly basis according to the installment plan approved by the court, or this amount will be deducted from your salary.

Important: If you find that all your wages have been withdrawn from your card, this is a reason to go to court with a complaint against the bailiffs.

According to the Labor Code of the Russian Federation, the amount of wages withheld against debt is calculated in the following proportions:

by law - 20% of the salary;
according to federal law or a court decision - 50% of the salary;
exceptions to the rule (for example, alimony) - 70%.

The most common rate is 50% withholding from wages on credit debt.

If the borrower has children, then the amount of deduction is reduced:

The presence of 1-2 children - bailiffs are not entitled to withhold more than 30%;
The presence of a child studying at a university not on a budgetary basis - 30%.
The death of a spouse and the presence of minor children - 25%.
The death of a spouse and the absence of minor children - 50%.

Which of the debts can be withheld funds in the first place

Alimony payments are the first on the list. According to them, the bailiff can deduct up to 70% of the debtor's income. The second in line are debts for a loan. They are charged if the debtor has enough income to pay off the debts of the first priority. The amount of payments on debt obligations of the second priority is 50% and no more.

Attention! legal advice

In cases where the debtor does not have enough funds to pay off debts under several orders of execution at once, the bailiff has the right to withhold the debt under the second writ of execution only after the debts on the first one have been paid off. That is, the debtor first pays the child alimony debt in full, and then, depending on how much money is left, pays the loan debt.

Important! If at the place of work of the debtor from the bailiffs two orders of execution came from the bailiffs for the payment of debts of different queues, then the bailiffs can withhold the debt under the second writ of execution only after the payment of the debt on the first.

For example, according to a writ of execution on compensation for harm caused to health (refers to debts of the first priority), 60 percent of the total income is deducted from the debtor's wages. This means that withholding funds on debt for a loan in the amount of 50 percent of salary can be written off only after compensation for damage to health.

What part of the funds will be foreclosed

Employees of the Federal Bailiff Service argue that no one has the right to extend the 70% increased rate of execution to writs of execution, for which the maximum 50 percent limit applies.

The amount of collection directly depends on whether there is enough limit to retain the debt on the loan and all the rest or not. That is, if the amount of foreclosures is within the limit, then it is possible to withhold the amount of debt under all orders of execution or orders of the bailiffs.

Important! The chief accountant has the right to calculate the maximum amount of deductions from the amount that the debtor receives directly in his hands, after deducting personal income tax (taxes).

If the accounting department of organizations or enterprises will collect 50 percent or more for alimony for a child, then it will be impossible to withhold anything on debt payments of the second priority (credit).

How much interest can a bailiff hold?

The court of first instance issues a judgment, which will enter into force after one month. The defendant or plaintiff can appeal the judge's decision within these four weeks. If no applications are received from them, then the decision comes into force and the defendant by law acquires the status of a debtor.

Attention! If you need protection from bailiffs, we can help you on the page legal advice, go and ask questions in the application form for free!

In court, a writ of execution is drawn up, which is then sent to bailiffs to start enforcement proceedings. On the basis of the sheet, the bailiff has the right to prepare a resolution indicating the debtor's place of work, his legal address, data on the court decision, promissory notes and determines the percentage that should be withheld from the debtor's wages. The bailiff sends a notice of the decision made in relation to the debtor and a copy of the decision to the organization where the debtor works.

In addition to the bailiff, according to the law, it is possible to take your copy of the writ of execution to the place of work of the debtor to the plaintiff himself and submit it to the accounting department.

How is the withholding of funds from the salary

According to Article 98 Part 3 of the Federal Law "On Enforcement Proceedings", interest on the debt may begin to be withheld from the day the accountant receives a writ of execution from a claimant or a bailiff's order. An accountant or a cashier who issues wages to employees must withhold from the debtor's salary the percentage of funds specified in the resolution, and then transfer or pay them to the debt collector within three days.

If the organization has the ability to issue advance payments to its employees, then 50 percent can also be withheld from them. The prize, if there is one, will also be divided into two parts.

When the debtor is dismissed and transferred to another job according to the law, the writ of execution is transferred to the department of another bailiff, who will continue to carry out enforcement actions in the territory under his jurisdiction. Debtors are always obliged to notify the bailiffs about the change of jobs.

What liability will the debtor bear by evading payment of the debt

You should not make attempts to hide from the bailiff, enter into hostile relations with him. As a preventive measure, the perpetrators have the right to prohibit the debtor from moving within the country or traveling abroad. If the debtor himself cannot continue to pay his debts, then according to the law, his relatives can be attracted to pay off the debt. It is not worth aggravating the troubles associated with paying off the debt.

When can a penalty be imposed on wages?

By law, the performer has the right to do this in the following cases:

If the writ of execution contains an indication of the imposition of a penalty on wages.
If the amount of recovery is less than 10,000 rubles.
If the borrower currently does not have cash and property in the amount necessary or sufficient to pay off the entire debt.

What is the limitation if the debtor has a child

The Labor Code states that no more than 30% of income can be deducted from wages from parents with minor children or student children studying on a paid basis. According to the law, only 20-25% of the salary can be written off from the mother or father who are raising a child alone. If a man in debt is unexpectedly widowed and has a minor child in raising, he pays the same as a single father.

Not subject to collection:

Payments from the Social Insurance Fund against accidents and diseases related to the implementation of production activities.
Part of the additional amount that is charged for harmful working conditions.
Supplement for caring for a relative or a child with a Group I disability.
Downsizing benefit.
Payments due to a woman at the birth of a child.

How much can the law withhold upon the arrest of a salary card?

For any claim from the card to which the debtor's patch is received, no more than 50% of all receipts can be debited.

Arrest on a salary card can be imposed in the presence of a statement of claim for the repayment of debt, utility debts, alimony, in case of delay in the payment of interest on the loan.