Motability allowance, how bankruptcy can be asserted
Are expenses attachable? - Attachment of additional meal expenses
Are workers longer on business trips, during this time there will be costs for theMeals and, if necessary, for overnight stays at. These additional costs will be paid by the employer. This type of remuneration is also called expenses.
How high this remuneration is is determined by a statutory flat rate and depends mainly on the length of the business trip. So there will be expenses additionally paid from wages. In this case, employees who are struggling with debts and are exposed to garnishment of wages ask themselves whether this type of remuneration can also be pledged: May expenses be attached?
Attachment of expenses briefly summarized
Expenses are expenses that the employee incurs during a business trip. This includes, for example, travel and hotel costs. Employers often reimburse their employees for these expenses.
Expenses are allowances for expenses incurred by the employee. That is why they are usually not attachable - neither in the context of foreclosure nor during the employee's bankruptcy.
A creditor may attach expenses insofar as they exceed “what is customary”.
Can expenses be attached?
Is an employee indebted and doesn't pay his bills either After repeated requests for payment and reminders, a creditor has the option of receiving the money to which he is legally entitled by means of a To collect garnishment of wages.
Part of the income can be attached. The remaining part of the wages the debtor himself may withhold and use for it, important To cover living expenses. This is how it should Subsistence level secured become. If there is a seizure, there must also be between the attachable and non-attachable income can be distinguished.
Certain types of income such asChristmas bonuses or vacation bonuses cannot be seized and must therefore remain untouched in the event of a seizure. But what about the reimbursement of meals from the employer in this regard? Are expenses attachable or free of attachment?
The Code of Civil Procedure determines which remuneration cannot be attached. According to § 850a No. 3 ZPO, this also includes:
Expense allowances, release payments and other social allowances for external employment, the remuneration for self-provided work material, hazard allowances as well as dirt and hardship allowances, provided that these payments do not exceed the scope of the usual
However, this only applies as long as the The amount of the expenses does not exceed a certain limit. The amount of the expenses will be not determined by the employer, but depends on one flat rate:
- Lasts the business trip 8 and 24 hours, amount to the expenses 12 euros.
- At several days Business trips will be per 24 hours Expenses from 24 euros each calculated.
Does an employer pay one higher amount than the statutory flat rate, this exceeds the usual framework. Everything that is then paid by the employer in addition to these lump sums, could therefore be seized. Double expenses can therefore attachable be.
Are expenses attachable in bankruptcy?
Introduces out-of-court debt settlement procedure not to succeed, debtors often have to file for personal bankruptcy. If it comes to bankruptcy, it will attachable assets evenly distributed among the creditors. This is also the case income attached to a debtor. However, as already mentioned, expense allowances are in accordance with Section 850a of the Code of Civil Procedure non-attachable remuneration, therefore are Expenses cannot be attached here.
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