Seizure protection for social benefits and child benefit

Social benefits and child benefit are specially protected, they serve the subsistence minimum. On a seizure-protection account (P-account) they remain protected within the exemptions; certain earmarked benefits enjoy additional protection beyond that. What matters is setting this up correctly.

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Your chances of getting your money back

On a P-account your balance is protected from garnishment up to the (possibly increased) exemption (§ 850k ZPO). Child benefit and certain earmarked social benefits increase the protection or are additionally protected.

For the protection to apply, the account must be a P-account and the increased exemption must be proven by a certificate. Only then are child benefit and social benefits correctly taken into account.

What you should do now

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1. Set up a P-account
Have your checking account converted into a P-account so that the statutory seizure protection applies.
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2. Present a certificate
Prove child benefit, maintenance obligations and social benefits with a P-account certificate to raise the exemption.
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3. Note the earmarking
Certain earmarked benefits enjoy additional protection, get advice on this so that they are not garnished by mistake.
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4. Act on problems
If protected money is nonetheless withheld, turn to the bank and, if necessary, to the enforcement court (seizure protection application).

How to spot the scam

Social benefits are garnished because there is no P-account.
The increased exemption is not taken into account for lack of a certificate.
Child benefit is not separately protected.

Frequently asked questions

Can social benefits and child benefit be garnished?

They serve the subsistence minimum and are specially protected. On a P-account your balance remains protected up to the exemption (§ 850k ZPO); child benefit and certain earmarked benefits increase the protection or are additionally protected.

What must I do for the protection to apply?

Your account must be a P-account, and you must prove the increased exemption (e.g. because of child benefit or maintenance obligations) with a certificate. Then the bank takes the protected amounts into account.

What if protected money is still withheld?

Turn to your bank and present the certificate. If that does not help, you can apply to the enforcement court for release or special seizure protection. A debt counseling center supports you with this.

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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.