Seizure of widow's pension
February 26, 2010 | 20,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Dear Sir or Madam Lawyers,
Starting in April, my pension insurance wants to garnish approximately 50% = 200 euros of my widow's pension on behalf of the employers' liability insurance association. Allegedly, the claims are from 1993/94. Due to the bankruptcy proceedings at that time by a bankruptcy administrator, I do not have any documents regarding this.
In addition to the widow's pension of 400 euros, I only receive approximately 380 euros from a private disability insurance.
The pension institution bases the standard rates on approximately 350 + 230 euros rent. They then reduce the pension by approximately 200 euros. My objection was ignored.
The additional expenses due to my chronic illness were also not taken into account and this will likely cause further health damage.
What can/should I do to prevent this? Do I even have a chance?
I thank you in advance for your efforts.
Sincerely,
Siegbert Schltheiß
Dear inquirer,
Thank you for your inquiry!
I would like to address your questions considering the information you provided as follows:
Claims for ongoing cash benefits, such as (widows') pensions, are generally subject to seizure according to § 54 (4) SGB I, just like earned income. However, the seizure limits of § 850c ZPO also apply here.
Therefore, a pension of up to 930.- EUR cannot be seized, and only the portion exceeding 930.- EUR can be subject to seizure for a higher pension.
Therefore, it seems that the widows' pension is not subject to seizure. You should therefore instruct a colleague on-site to defend against these claims/seizures.
I hope I have provided you with an initial legal orientation and wish you much success and all the best!
I would like to point out the following:
The legal information I provided is based solely on the information you provided. My response is only a first legal assessment of the situation and cannot replace a complete assessment of the situation. Adding or omitting relevant information can result in a completely different legal assessment.
I hope my explanations have been helpful to you. You are welcome to contact me through the follow-up option on this platform or via my email address.
I wish you a pleasant Friday afternoon and a relaxing weekend!
Kind regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax: 0471/3088316
