Can citizen's income be seized?

table of contents

• Key facts about the seizure of citizen's income
• The legal framework: Can citizen's income be seized?
• Can the back payment of citizen's allowance be seized?
• How can you avoid having your citizen's income seized?
• How to set up your P-account
• Should a P-account be set up after a seizure has taken place?

Key facts about the seizure of citizen's income

In general, social benefits , which include citizen's allowance , are protected from seizure. This is regulated in the Social Code (SGB) to ensure that the necessary means of subsistence cannot be taken away by creditors. However, there are certain exceptions that must be observed.

The legal framework: Can citizen's income be seized?

In general, social benefits, which include citizen's allowance, are protected from seizure. This is regulated in the Social Code (SGB) .

The Citizen's Allowance is there to help people who are unemployed and do not have enough money or assets to cover their living expenses. The legislature has made rules to ensure that this support reaches people.

These rules state that the citizen's allowance may not be taken away by creditors. This is called seizure protection . The rules for this are not in the Code of Civil Procedure (ZPO), but in the Social Security Code II. In Section 42 Paragraph 4 of the Social Security Code II it is explained as follows: "The entitlement to benefits to secure a livelihood cannot be assigned, transferred, pledged or seized.

However, there are exceptions such as:

• In the case of maintenance claims
• public claims
• For certain tax debts...

In the worst case, any ongoing cash benefits can be seized (Section 54, Paragraph 4 of the Social Security Code I).

What many people don’t know: Citizens’ income and even social assistance can be seized under certain circumstances.

Non-seizable benefits that may not be included in the calculation:

• housing benefit (for rent etc.)
• maternity allowance / parental allowance
• Additional needs: Those used to reduce physical and/or health limitations

Can the back payment of citizen's allowance be seized?

Yes, back payments of citizen's allowance can also be seized under certain circumstances if the seizure protection limit is exceeded. The exemption amount is currently 1,410 euros (according to the BDJ). Without a P-account, there is a risk that back payments will be seized.

How can you avoid having your citizen's income seized?

A seizure protection account (P-account) offers the most effective protection against seizures. It ensures that a certain allowance - including citizen's allowance - remains available every month. The allowances can be increased by maintenance obligations to ensure additional protection.

How to set up your P-account

A P-account is set up at your bank and should be applied for early to ensure protection against seizure. The conversion of a regular account into a P-account must be applied for at the bank. By law, the bank is obliged to carry out the conversion within four business days.

>> More information on setting up a P-account.

Should a P-account be set up after a seizure has taken place?

Yes, setting up a P-account is also a good idea after a seizure. It protects the necessary balance from further access by creditors and ensures that sufficient subsistence amounts remain available.

Debtors can request a subsequent conversion to a P-account from their bank, but only up to a maximum of four weeks retroactively from the date of receipt of the application . In order to maximize the protection against seizure, the conversion should be carried out early. Even with accounts in the red, the P-account remains the most effective protection against seizure.