Wage garnishment at the employer: duties and your rights as the third-party debtor

With a wage garnishment the employer becomes the 'third-party debtor': it must pay the garnishable part of the wage no longer to the employee, but to the creditor. This involves duties, such as the third-party debtor declaration. Mistakes can make the employer itself liable.

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Upon service of the garnishment and transfer order, the employer must pay the garnishable wage portion to the creditor (§§ 829, 835 ZPO) and, on request, submit a third-party debtor declaration (§ 840 ZPO).

If the employer pays the garnishable amount to the employee despite the garnishment, or calculates incorrectly, it can become liable to the creditor itself. Correct calculation according to the garnishment table is therefore important.

What you should do now

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1. Check the order
Clarify the scope and rank of the garnishment on the basis of the garnishment and transfer order.
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2. Submit the third-party debtor declaration
At the creditor's request, declare within two weeks whether and to what extent wages are paid and whether further garnishments exist.
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3. Calculate the garnishable amount
Determine the garnishable part correctly according to the garnishment table and taking maintenance obligations into account.
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4. Observe the order of rank
With several garnishments, keep to the sequence (rank); when in doubt, get legal advice.

How to spot the scam

The garnishable amount is still paid out to the employee despite the garnishment.
The third-party debtor declaration is not submitted on time.
With several garnishments, the order of rank is disregarded.

Frequently asked questions

What does third-party debtor mean in a wage garnishment?

The employer becomes the third-party debtor: after service of the garnishment and transfer order, it must pay the garnishable wage portion no longer to the employee, but to the creditor (§§ 829, 835 ZPO).

What duties does the employer have?

It must calculate and pay the garnishable amount correctly and, at the creditor's request, submit a third-party debtor declaration within two weeks (§ 840 ZPO). With several garnishments, the order of rank must be observed.

What happens in case of mistakes?

If the employer pays the garnishable part to the employee despite the garnishment, or calculates it incorrectly, it can become liable to the creditor itself and have to pay twice. Careful calculation and, when in doubt, advice are therefore important.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.