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I have a question about my protected earnings.


What are protected earnings?
If attachment has been levied on your income, your protected earnings will be determined. This is the part of your income on which no attachment may be levied. The bailiff can only levy attachment on that part of the income above the protected earnings. Usually, the protecting earnings are 90% of the welfare standard.

The protected earnings also consider your housing costs, healthcare insurance premiums, and potential other income of you and your possible partner. The part above the protected earnings is paid to the bailiff by your employer or benefits agency until the entire debt has been repaid. Your employer or the benefits agency is required to cooperate with this.

 

How does Bosveld calculate my protected earnings?
Bosveld determines your protected earnings based on the information in our possession. In this respect, we want to inform you of your duty to provide information as determined in Article 475(g) of the Dutch Code of Civil Procedure, based on which you are required to inform us of your sources of income. We have previously requested you to provide this information to us. If we have not received this information from you, we will use the adopted standards when determining your protected earnings.

If circumstances change at a later stage, we recommend you inform us immediately. Once we have processed this information, we can calculate your protected earnings again, if necessary.

 

Calculating your protecting earnings yourself
It is not easy to calculate your protected earnings. You can calculate your protecting earnings yourself at http://www.uwbeslagvrijevoet.nl/.  This website is an initiative by the national government of the Netherlands.

 

My protected earnings are reduced, halved, or set at €0.00, is this possible?
The bailiff will ask the debtor for information to be able to determine the protecting earnings. If the debtor does not provide any information, this may affect the protected earnings level in the following situations.

  • The protecting earnings are reduced by up to half with the income of the spouse or partner not subject to the attachment including any rights to a holiday bonus.
  • The protecting earnings are lowered completely with the income of the debtor not subject to the attachment.
  • As long as no information has been provided about the income of the spouse/partner, the protected earnings may be reduced by half.
  • If the periodic income of the single (parent) is not known by the party levying attachment, the protected earnings may be set at 72% instead of 90% of the applicable welfare standard.
  • If potential excess benefits are recovered, the failure to provide information has an even greater impact. The protecting earnings may be set at zero.
  • If the person in question does not live or has a permanent residence in the Netherlands, no protecting earnings will apply.
  • If the Municipal Civil Registry states ‘Departed – Destination unknown’, the bailiff will assume that the person in question resides abroad. The protected earnings will be changed only if the person in question is able to demonstrate that he or she resides in the Netherlands.

 
What should I do to change or recalculate my protecting earnings?
You must provide us with the most recent information about your sources of income and expenses. Naturally, you must provide us with the necessary documentation, including a copy of your income specifications and bank receipts. Always list the case number. The case number will always be listed in all our letters and emails.

You can make use of the template letter provided by Het Juridisch Loket. Please note, you are responsible for the contents and submission of the letter.


Email address: info_at_bosveld.nl
Fax: 033 - 47 00 002
Address for correspondence: PO Box 806 - 3800 AV Amersfoort