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 in excess of the attachment-free foot 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, 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 the attachment-free foot yourself
You can calculate your attachment-free foot yourself here:
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 customer (debtor) in order to determine the attachment-free foot. If the customer (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? You can ask us to adjust or recalculate your attachment-free foot. Email your request to info@bosveld.nl.
Please send us the most recent details of your sources of income and expenses, along with the necessary supporting documents — including a copy of your income specifications and bank statements. Always include your case number. The case number is stated in all our letters and emails.
You can use the sample letter from Het Juridisch Loket. Please note: you are personally responsible for the content and sending of the letter.
Email: info@bosveld.nl
Fax: 033 – 47 00 002
Correspondence address: P.O. Box 806 – 3800 AV Amersfoort
