Every account holder has the right vis-à-vis his bank to have his current account managed as a garnishment protection account (P-Konto). The contractual framework remains the same, only an additional function is added to the current account, which provides unbureaucratic protection in the event of account garnishment:
A basic allowance (since 1. December 2021: 1.260 euros / calendar month) remains automatically available in this case. Other amounts (child benefit etc.) can be released upon proof.
We provide answers to frequently asked questions:
Establishment, benefits and costs of the P account
Account holders who are in debt and have been seized or are threatened with seizure in the short term. Or whose account is in the minus, can no longer be used because the cash receipts are offset and are therefore not available. "Normal" Current accounts offer no protection against this.
Without payment problems or debts and thus threatening account seizure or set off against an account overdraft is the "precautionary" Establishment of a P account not sensible (cf. below "What happens to the overdraft facility with a P account??").
The P-account function protects account balances from being accessed by creditors, so that the account holder can continue to dispose of them within the applicable exemption amount, z.B. by cash withdrawal, bank transfer or direct debit.
If a current account is converted into a P-Konto, unbureaucratic credit balances in the amount of 1.260 euros per calendar month (basic allowance) protected. Further amounts can be released upon proof. Only in special cases is it still necessary to obtain a court decision or. In the case of public creditors, a decision by the executing authority is required (see below).u.). The garnishing creditor only receives a payment if the account balance is higher than the unattachable allowances.
Therefore, caution is advised when (re)depositing money into the P account: on the P account, no distinction is made according to the origin of the incoming money. If an amount is withdrawn from the exempt amount, paid back into the account in the same month and the exempt amount is exceeded, this can lead to garnishable amounts!
Account holders must take action themselves to set up a P-account. Either a new account is set up as a P account or the existing current account is converted into a garnishment protection account. All you have to do is ask your bank to convert your account to a P-account (conversion request).
Every bank customer has a right to have this protection set up. If a garnishment is present, banks and savings banks are then legally obligated to convert the current account into a P-Konto within four days after application. The conversion must be free of charge.
Those who do not have their own account so far are entitled to an account (basic account). You can find detailed information on this in our article What is a basic account??. The basic account can also be managed as a P account.
If a bank or savings bank refuses to set up a basic account or convert a normal account into a P account, you should definitely get this in writing and inform your consumer center. A free conciliation procedure through an ombudsman can also be helpful.
This depends on whether the account is currently in the plus or minus:
- Account in Plus:
Even after a garnishment has been served, the current account can still be converted into a P-Konto and thus its special garnishment protection can be secured. However, this must be applied for at the bank. The bank is legally obliged to convert within four business days. The full allowances on the P-Konto then even apply retroactively from the time the garnishment was served.
It is important that the Conversion within 1 month from the receipt of the garnishment at the bank takes place. Often, however, one does not learn directly about the garnishment, so that time has already elapsed since then. In addition, the bank has four days after the application to set up the P-Konto. Therefore, if the account is subject to garnishment, it should always be as soon as possible be converted into a P account.
- Account in the negative:
In case of imminent garnishment at least before the next receipt of the main income (salary, social benefits, pension, o.a.) the conversion must be declared. From this point on, the bank is prohibited from offsetting and the following credits must then be available as credit balances on the P-account.
This is not permitted, as only one P-Konto may be held per person. The account holder must usually confirm this in writing when setting up the account.
In addition, the establishment of a P-account is verifiable. credit institutions can submit a corresponding report to a credit agency, e.B. with the SCHUFA, make. A violation can be punishable and lead to the loss of the garnishment protection.
The law clearly states that the contractual relationship, i.e. the previous agreements on the current account, is not changed by the conversion, § 850k para. 2 sentence 2 ZPO.
According to the legislator’s conception, a P-Konto can therefore still be used like a normal current account.
Excluded from the "principle of equality are banking services that require creditworthiness. For example, P-account holders can be denied credit cards.
This also applies to a possible overdraft of the account until conversion. This is terminated by the conversion into a P account, since a P account may only be maintained on a credit balance basis, cf. below "What happens to the overdraft facility in the case of a P account??".
account services such as online banking, direct debits, transfers, use of bank terminals to withdraw money etc., that were granted with the normal salary account regardless of the customer’s creditworthiness must continue to exist after the P account conversion. The customer does not choose a new account model, but only secures additional protection against seizure with the conversion.
If benefits have been cut off, those affected should also object here with the help of our sample letter and insist that they be made available again.
In principle, the bank is obliged to,
- to set up a P account after request for conversion and
- while continuing the account on unchanged terms, as well as
- to make the (increased) allowance of the account holder available on an ongoing basis.
Conversely, it is also obliged,
- to terminate the P-account function again after a request for reconversion;
- if it has reported the holding of the P-account to a credit agency, to also report the termination there without delay.
In addition, it must inform the P-account holder about
- The credit balance available in the current calendar month and
- the credit balance that is no longer exempt from garnishment in the next month.
If an account in the negative is converted into a P account,
- the debit balance must be charged off to a second (sub-)account and the following credits must be made available as credit balances within the limits of the tax-free allowances.
A presented certificate must be observed by the bank in principle from the second day after presentation and for the duration of the term, in the case of unlimited certificates at least 2 years. If the bank justifiably demands a new certificate, it must notify this expressly and at least two months in advance (s.u. "How long is the certificate valid?" and "Does my bank have to accept a submitted certificate??").
The conversion of a current account into a P account must be free of charge and the fees previously agreed for the selected account model continue to apply. The contractual conditions remain basically unchanged by the conversion.
The account management will therefore probably rarely be free of charge. However, the legislator has assumed that the fees are reasonable, i.e. that they are within the cost range of a normal salary account.
What is unfortunately often not possible without problems: a change of the current account model with the P account, z.B. to a more cost-effective model with flat-rate charges instead of chargeable individual items. In this case, it is advisable to reach a settlement prior to the conversion and, if necessary, to make an offer. Choice of another credit institution with lower fees for the desired account. Another option is to agree on the account as a basic account – because here the bank is obliged to also provide a cheaper online model if it offers this to other account holders. If the bank or savings bank unlawfully increases the account management fees after conversion, a sample letter from the consumer advice center will help you to reclaim the money (read more about how to object to unlawful additional fees and service restrictions here).
Account in the negative
Yes, the legislator has provided for this with §§ 850k Abs. 1 S. 2 and 901 ZPO expressly clarified. Banks are therefore not allowed – as has often happened in the past – to refuse to set up a P-account with reference to the debit balance. It is irrelevant whether there is a seizure or not.
What happens if I convert my account in the negative into a P account??
For the bank, gem. § 901 ZPO a prohibition of set-off and offsetting, d.h. Credits received after a conversion declaration may no longer be offset against claims there. They must be available as credit balances within the limits of the tax-free allowances. Make sure that you can prove the time of the declaration if necessary, for example by obtaining confirmation on a form.
Caution: debits of loan installments by the account-holding institution often do not fall under the offsetting prohibition because they were expressly contractually agreed upon. In order to be able to use the full exemption amount to secure one’s livelihood, such agreements must be actively terminated. Seek advice on this from a recognized debt counseling center.
My account in the minus was seized. Can I use allowances?
The prohibition of set-offs and offsets under Section 901 of the German Code of Civil Procedure (ZPO) also applies automatically if a garnishment is levied on an account that is in the red. In order for the ban on offsetting to remain in place and for the subsequent credits to be used within the allowances, the account must then be converted into a P account within one month of the garnishment.
What happens to the overdraft facility with a P account??
Gem. § 850k para. 1 S. 2 ZPO, a P-Konto can only be kept on a credit basis. With conversion to a P account (or before the 1.12. 2021), a previously granted overdraft facility will therefore end. Credit cards (unless a prepaid model has been chosen) can then also no longer be used. The bank will also no longer allow overdrafts, not even for very small amounts.
How does the "two-account model" work? after conversion of an account in the negative?
If an account in the negative is converted into a P account, the credit institution must post the debit balance existing at that time separately and then make the following credits available as credit balances within the framework of the tax-free amounts.
Ultimately, after the conversion, there is the P-account in plus (account 1) and another book account (account 2) for the bank’s claim from the debit balance. The exact technical implementation was not explicitly specified by the legislator, so the implementation of the two-account model may vary slightly between different banks/savings banks.
The legislator has not finally clarified the question of interest on the debit balance. In the opinion of the NRW consumer center, the overdraft interest rate may in any case no longer be used as a basis, since it is no longer a usable credit line but a charged-off receivable. Here, in addition to contractual obligations, the statutory duty to mitigate damages also applies, so that in our view max. the statutory default interest rate may be used as a basis.
Do I need to make a repayment agreement with my bank?
Since there was only very limited offsetting protection for P accounts in the negative under previous law, many account holders had to rely on a payment agreement with their credit institution in order to be able to dispose of their subsistence minimum at all in part.
This mandatory requirement no longer exists under the new law after conversion to a P account. In some cases, an agreement to repay the debit balance may be useful in order to become debt-free with the account-holding credit institution.
However, account holders are not obliged to make such a payment agreement. In any case, you should seek advice from a recognized debt counseling center before repaying the debit balance, especially if unseizable income has to be used for this purpose or even if a new loan has to be taken out.
No. Since a P account can only be managed as an individual account, the conversion of a joint account is ruled out.
How to protect credit balances on an attached joint account
If there are payment difficulties and garnishments are to be expected, joint accounts should therefore be replaced by individual accounts at an early stage in order to avoid difficulties with garnishment protection.
However, the legislator has now created a certain protection for seized joint accounts.
You can use the credit balance there within one month after garnishment have the account protected:
- For the bank, within one month after receipt of the garnishment, a Disbursement prohibition, d.h. The existing credit balance and other incoming payments remain on the joint account for the time being and are not paid out directly to the creditor.
- During this month, each account holder can request the Divide the credit balance and transfer his share to an individual account require. As a rule, the account is divided according to head shares, i.e. in the case of two account holders, half each, in the case of three account holders, one third each, etc. Every account holder has to arrange this for themselves.
- The garnishment continues on the individual account of the person affected by the garnishment. To protect the credit balance there, this account must then be managed as a P-Konto. The account holder must actively request the conversion from the bank.
After the end of the protection month, any remaining balance on the joint account and any new money received there later will go to the creditors, so haste is required!
Both the income previously flowing into the joint account must be redirected to the individual accounts as quickly as possible and current standing orders, direct debits, etc. must be redirected to the individual accounts. be newly set up there.
What happens to the joint account after the expiry of the protection period??
The joint account is not automatically closed after the transfer of the credit balance! In principle, the account remains unchanged, but is garnished; fees for account management are incurred.
After the end of the protection month, any credit balance still on the joint account for which either no transfer was requested or which was received there after the month is no longer protected and flows to the creditor. Since the joint account can therefore no longer be used and any money received there cannot be protected, the joint account should be closed as quickly as possible Dissolution be initiated.
P-account and insolvency
Yes. The opening of insolvency proceedings (general execution) has the same effect on a current account as the receipt of a garnishment (individual execution). This means that only a P account is insolvency-proof, because a normal checking account is initially subject to the insolvency administrator’s right of disposal.
Even if there have been no garnishments to date, the existing current account should therefore be converted into a P account before an application is filed for the opening of consumer insolvency proceedings. The account holder may then continue to dispose of the account balance within the limits of the tax-free amounts.
Does my insolvency administrator have to release the P account??
No. Even though many banks have repeatedly demanded this in the past, the insolvency administrator does not have to release the P account so that the account holder can continue to use it. This has now been amended in § 36 para. 1 sentence 3 InsO again expressly clarified.
Will old garnishments on the P-Konto automatically become invalid when the discharge of residual debt is granted??
No. The account holder must actively take care of the removal of the garnishments on his/her account. This has the following background:
- The discharge of residual debt does not extinguish the claims that remained unpaid during the insolvency proceedings. But only that these can no longer be enforced by way of compulsory execution.
- An account garnishment leads to the so-called. public law entanglement of the account. This continues to apply despite the granting of residual debt discharge. Therefore, amounts can still be transferred to insolvency creditors who had previously garnished the account.
The old garnishments must therefore be eliminated separately. For this purpose, the account holder can contact all garnishment creditors and request the withdrawal of the garnishment with reference to the granted discharge of residual debt.
However, the insolvency creditors are not obliged to take back the account, which is why, in case of doubt, a so-called. Execution defense action acc. to. § 767 ZPO must be raised. The local court is responsible for garnishments of private creditors, and the administrative court for garnishments of public creditors (§167 VwGO).
If the discharge of residual debt has not yet been granted, alternatively, seek advice at an early stage from a recognized debtor counseling center on the possibility of changing accounts.
Protection system of the P-account
A P-Konto offers protection in the case of garnishments and against set-offs and offsets within the scope of legally defined allowances.
The protection on the P-Konto has three levels:
- Automatic Basic allowance for credit balances up to 1.260 euros
- Increased allowance by certification, among other things in the case of alimony / social or asylum benefits for other persons in the household
- Individual tax-free amount determined on application In the case of higher unattachable income
The increased amounts (certificate) are explained in more detail below; for more information on the P-account protection system, see the text "The P-account as protection against account garnishment" and in the infographic "Account seized – and now?" on this page.
What else can I do if I only ever receive unseizable amounts on my account??
If your income is regularly below your tax-free amount, you can apply to the Enforcement Court according to § 907 ZPO for a maximum of 12 months in each case the"Order of unseizability" of the account balance. This means that the account as a whole is free, all garnishments come to nothing for this period and credit institutions do not have to observe any allowances or carry out any monitoring. This is useful for all recipients of low, regular income below the exemption amount, as well as in the case of a double garnishment of wages and account.
For this purpose, you must prove on the basis of your account statements that in the past 6 months only predominantly unattachable amounts have been received on the account and at the same time credibly demonstrate that also within the next 6 months only predominantly unattachable amounts are to be expected. Smaller, one-time credits, z.B. from a repayment of ancillary costs, are harmless here.
Certificate of increased allowances
A certificate to increase the allowances on the P-Konto can be issued by various agencies:
- Social security institutions, family benefits offices, other benefit-granting agencies
- recognized debtor and consumer insolvency counseling centers
- Lawyers and tax advisors as well as
The social benefit agencies, family benefits offices and other benefit-granting agencies i.S.d. § Section 903 of the German Code of Civil Procedure (ZPO) are obliged to issue a certificate to benefit recipients upon request.
The further mentioned persons and places can issue the certificate, are however not obligated to it.
There is also a model certificate that makes the process easier; it was developed jointly by the Working Group of Debtor Counseling Associations (AGSBV) and the German Banking Industry (DK).
Anyone who does not receive a certificate from these bodies or does not receive a sufficient certificate, or if the bank does not accept such a certificate, can turn to the enforcement court or. turn to the enforcement authority, which must then determine the garnishment-free amounts upon request.
Which increase amounts can be certified?
The legislator has in § 902 no. 1 to 6 ZPO conclusively determines which factors can be certified as increase amounts as a lump sum or in actual amount. These are mainly:
- Statutory maintenance obligations for up to five persons
- Receipt of social benefits according to SGB II / SGB XII or AsylbLG
- Payments to compensate for physical injury or damage to health, § 54 SGB I
- Cash benefits of the Foundation "Mother and Child – Protection of Unborn Life
- Child benefits and other statutory cash benefits for children
- One-time social benefits
Also Additional payments, z.B. of social benefits, can be certified in many cases. For more information and advice on this, please contact the recognized debtor and consumer insolvency counseling centers.
What does the certificate?
The certificate is proof of legally increased allowances. These increase amounts are not considered to be covered by the account garnishment and the account balance must therefore be available up to this amount.
How long is the certificate valid?
The credit institution must issue the certificate according to. § 903 Abs. 4 ZPO from the second on their presentation following Business day note.
A certificate is generally valid unlimited and must be issued by the credit institution at least for the period of two years be taken into account.
The credit institution may then request a new certificate, but must clearly inform the account holder of this at least two months in advance.
Only if there are actual indications that the certificate is not / no longer correct, a new one can be requested even before the two years have expired.
If the certificate was exceptionally limited in time, it is valid for the specified period of time.
Does my bank have to accept a presented certificate?
In principle, proof of the increased amounts is deemed to have been provided by submitting a certificate, and the bank must make the allowances available accordingly. If the bank considers the certificate to be incorrect, it must inform you of this immediately after submission, but otherwise take it into account as submitted when calculating the exempt amount available in the current month.
If your bank or savings bank improperly refuses to accept proof of increase amounts, you should seek advice immediately and, if necessary. apply to the court for a temporary injunction against the bank in order to obtain payment of the money due to you.
Enforcement protection at court / authority
It can happen that the garnishment-free income is higher than protected by the basic exemption amount and the certified increase amounts. Then a Application for individual determination of the tax-free amount are posed. All income, which is in principle unattachable, can thus also be additionally exempted on the P account.
A common case for this is z.B. a double garnishment of wages and accountIf your salary has already been garnished by your employer, only income that cannot be garnished according to the garnishment table will be transferred to your account. If this amount is then above the exemption amount there, you need an additional release order to be able to receive the full amount.
If your income changes frequently (for example, due to shift allowances or overtime), you can also apply for a so-called blanket order. So that you do not have to go to court every month, you will then be exempted from the income that your employer transfers to the account as a lump sum in each case.
Where can I submit the application for an individual determination of the exemption amount for my P-account??
The district court as the enforcement court at the place of residence is responsible for the application.
However, if there is a garnishment by a public creditor (for example, tax office, city treasury, main customs office), the application for individual account release must be submitted to the appropriate authority itself.
Experience to date shows that the authorities perform their task "as an enforcement court" partly withholding true. For this reason, Section 910 of the German Code of Civil Procedure (ZPO) once again clarifies the responsibilities and duties of the enforcement authorities with regard to enforcement protection for the P account. However, delays in implementation cannot be ruled out. We therefore recommend that you submit our information on debtor protection in the event of seizure by public creditors together with your application.
Do I have to observe certain formal requirements for the application??
Basically not. You can formulate the application freely in writing or – at the local court – declare it orally on record at the legal application office in accordance with section 496 of the German Code of Civil Procedure (ZPO).
However, some information must be provided in any case:
- Your full name and address
- Name and address of your credit institution where the P-Konto is held
- Account number / IBAN
- File number of the garnishment
The enforcement court or. the enforcement agency must inform you if further information is required for a decision on the application. In addition, it must also be automatically checked there whether you can use sog. interim legal protection is to be granted because your account is threatened with the loss of unseizable amounts, § 906 para. 3 no. 2 ZPO.
Saving on the P-account
Yes, this is even expressly desired by the legislator. Beyond the purchases of the daily needs the P-account should make possible, z.B. for larger purchases.
How much and for how long can I save on the P account??
Unused credit from the monthly allowance can generally be carried over to the next three months on the P account. In addition, the so-called. "First In – First Out"-Principle, s.u.
How to use the P-Konto incl. save a maximum of four times the monthly allowance in the current month.
What does "First In – First Out" mean? with the P-account?
"First In – First Out is a calculation rule for the savings balance on the P account, which was originally developed by the Federal Court of Justice (BGH) and has now been adopted by the legislature. It means that a disposition (z.B. Withdrawal of cash, transfer, direct debit) of the account holder is always deducted from the oldest balance still available according to the posting date.
This means that the savings credit is always used up before the newer credits and the protected period (next three months) for the savings carryover then starts anew.
Termination of the P-account
If you no longer need your P-Konto (z.B. because of the execution of the garnishment) or would like to keep the P-Konto at another credit institution, you can terminate it just as easily as you were able to set it up: you inform your bank that you would like to terminate the P-Konto function, sog. Reconversion.
In the past, credit institutions had in some cases refused to return the P account back to a normal account. For this reason, the legislator has expressly clarified the right to reconversion and regulated that this can be done at any time with a Deadline of 4 business days to the end of the month can be demanded, § 850k para. 5 ZPO. This applies even if the account is still attached.
The previous agreement for the current account then applies again.
Alternatively, you can terminate the P-Konto altogether if you no longer wish to keep your account at this credit institution.
Before reconversion, you should check that you really no longer need the protective function because
- garnishments are actually settled,
- Garnishments are not settled, but one would like to settle a minor garnishment
- no insolvency proceedings are pending for the account holder, and
- there is also no threat of set-off due to claims of the bank.
If the P-Konto function is terminated, the credit balance held there will otherwise no longer enjoy protection!
Can I change banks with a P-Konto??
Yes, this is possible in principle. However, since you are only allowed to keep one P-Konto, some planning is necessary in order to be able to garnishment protection without gaps to ensure.
Therefore, the following sequence of actions is recommended:
- Comparison of costs and services
- Selection of the new credit institution
- Opening of the new account, if applicable. on basic account entitlement (cf. What is a basic account?)
- Redirecting all income to the new account
- Setting up current payment obligations (standing orders, direct debits, etc.).) on the new account
- termination and reconversion of the P account at the previous bank at the end of the month, s.o.
- Dispose of the remaining balance on the old account in full and in good time before the bank forms the closing balance.
- Convert the new account into a P-Konto, at the latest after receiving a garnishment there
For more general information on switching accounts cf. "Checklist and sample letters for the change of the current account".
The statutory account switching service according to ZKG is not recommended for an account switch with the P account, as previous experience has shown that there may be delays if the old account is z.B. Garnishments are still active and the account is therefore not closed promptly.
Instead, you can ask your new bank about an account switching service offered there.
May the bank terminate a P account??
In many cases, it was disputed whether the bank is permitted to terminate the P account. There is no explicit legal protection against termination so far, so that in principle a P-account can be terminated like a "normal" P-account Current account can be terminated. However, the basic account introduced in 2016 in accordance with the Payment Accounts Act (ZKG) contains clear restrictions on termination. If a "normal" If your bank cancels your current account with P-Konto function, you are immediately entitled to open a basic account, even with the canceling bank itself, if no other account is available.
Against this background, the Higher Regional Court of Dresden ruled in a judgment of 10. April 2018 (Az. 14 U 82/16) found that a termination of the P-account with simultaneous contracting obligation is contrary to the ZKG and therefore inadmissible.
If your bank cancels your current account with P-Konto function, you can file an objection with our sample letter.
If the bank nevertheless terminates the account in such a case, consumers can take legal action against it. In addition to a lawsuit, which is often lengthy and cost-intensive, the usually much cheaper and less bureaucratic way to a conciliation board can be useful.
You can find out which conciliation body, regularly an ombudsman, is responsible for you, for example, on the website of the bank concerned, usually in the "Imprint".
If you do not find what you are looking for there, you can also contact BaFin to find out which conciliation body is responsible for your case.
In addition to initiating a conciliation procedure or filing a lawsuit, however, you can and should also complain to BaFin – the supervisory authority for banks – about your bank’s conduct. You can find more information about such a complaint on the BaFin website.
In order to be able to act again quickly, you should also apply for a basic account at the same time – also at your previous bank. If the bank refuses, you can apply to BaFin for a free administrative procedure to be carried out. Please note that this only makes sense if you are also entitled to a basic account, i.e. you z.B. on no other "functional" (z.B. (unattached and uncancelled) account. You can also find more information about this on the BaFin website.
If the P account is held at a savings bank, the obligation to contract there (in North Rhine-Westphalia pursuant to § 5 SpKG) also speaks against the permissibility of terminating the P account, which may therefore only be done in exceptional cases.
P-account and SCHUFA
Each account holder may only hold one P account, on which the monthly subsistence minimum is automatically protected from the access of seizing creditors. When setting up a P-account, one assures that one does not have another P-account. The banks and savings banks therefore generally notify the establishment of a P-account to Schufa or other credit agencies and compare your information there.
However, the information about the creation of a P-account may only be transmitted and stored for this very purpose.
Who finds out about my P-account?
Since the entry at Schufa only serves this sole purpose and the information about it may only be provided at the request of other credit institutions, the entry is not part of the so-called "credit check". Credit information that third parties can obtain about you.
You can find more information on Schufa entries under "What to do in the event of a Schufa entry?"
The fact that a P-Konto is held in your name will therefore only be disclosed to another bank with which you wish to open a P-Konto.
In addition, creditors who seize your account will find out that it is a garnishment protection account. The credit institution must determine this within the scope of the so-called. Notify third-party debtor declaration in accordance with the German Code of Civil Procedure (ZPO).
When must the entry on my P-Konto at Schufa be deleted?
The legislator has achieved this with § 909 para. 2 ZPO clearly regulated: As soon as the P-Konto function has been terminated (reconversion or termination), your bank must notify you immediately and the credit agency must delete the entry without delay.
The "Emergency aid for the severe weather disaster of 14./15. July 2021 in North Rhine-Westphalia." (equity grant pursuant to § 53 LHO) is intended to alleviate the initial financial burdens caused by the damage incurred. Information on this can be found on the website of the state of North Rhine-Westphalia.
The explicitly formulated goal is "to give the affected private households the opportunity to cope financially with a temporary acute emergency in housing or lifestyle". The freedom from seizure of the immediate assistance was confirmed in the first decisions accordingly by the district court Euskirchen, see press release 015/21 OLG Cologne from 5. August 2021.
With the Reconstruction Assistance Act, the legislature has since 15. September 2021 created a simplified possibility to protect the immediate aid on a P-Konto (§ 23 EG ZPO). The emergency aid can be provided by recognized bodies, z.B. Debtor counseling agencies, be released by certificate. Alternatively, those affected can also present the account statement or the approval notice to their bank as proof. Unlike other credit balances, the emergency assistance is then protected from seizure for three months after the month of payment and must be paid out by the credit institution. For other credits above: "Can you save on the P-Konto?"
However, the immediate aid can also be released by the court of execution or the court of appeal. in the event of seizure by a public creditor, the application should be made by the creditor’s enforcement agency. There, an application for protection against execution can be made in accordance with. § 906 / § 765a ZPO and be combined with an application for provisional legal protection (temporary suspension of execution).
Since it has not been clearly regulated to date whether reconstruction assistance (equitable relief pursuant to. Support Directive Reconstruction North Rhine-Westphalia) is covered by Section 23 EGZPO and can therefore be certified in a simplified manner, an application for protection against execution should also be made there in case of doubt for release.
We provide a free sample for such an application, which you can download and use.
If there are several garnishments, the application must be filed separately for each garnishment measure.
Even after the immediate payment has been released by the court, the warning notice applies in the event of a withdrawal and subsequent (partial) repayment to the account, cf. above "What does the P-Konto protect?.
P account certificate for flood aid (emergency aid/reconstruction aid Rhineland-Palatinate)?
The "Emergency aid Rhineland-Palatinate due to the natural disaster in July 2021 (equitable payment according to § 53 LHO RLP) is intended to alleviate the initial financial burdens caused by the damage incurred. The explicit goal is that the emergency aid is granted "to bridge acute emergencies in housing or in the lifestyle of private households".
The Exemption from garnishment of the immediate payment was confirmed in first decisions by the district court Euskirchen.
With the Reconstruction Assistance Act (Aufbauhilfegesetz), the legislature has since 15. Since September 2021, a simplified possibility has been created to protect the emergency aid on a P account (§ 23 EG ZPO). The emergency aid can be granted by recognized bodies, z.B. Debt counseling agencies, by certificate are released. Alternatively, those affected can also submit the account statement or the notice of approval to their credit institution as proof. In contrast to other credit balances, the emergency grants are then protected against seizure for three months after the month of payment and must be paid out by the credit institution. For other credits, see above: "Can you save with the P account??"
In addition, the release of the emergency aid can also still be effected by the enforcement court or by the bank. in the case of garnishment by a public creditor, by the creditor’s enforcement agency. There Application for protection against execution according to. The application must be made in accordance with § 850k (4) / § 765a ZPO (German Code of Civil Procedure) and combined with an application for provisional legal protection (temporary suspension of enforcement). In this sample letter you will find a template for such an application for downloading, including help for filling it out.
Since it has not been clearly regulated so far whether § 23 EGZPO also covers the reconstruction assistance (equitable payment acc. Forderrichtlinie Wiederaufbau RLP) and it can therefore be certified in a simplified manner, you should also file an enforcement protection application in these cases in case of doubt for release. You can also use this sample letter for this purpose.
If there are several garnishments, you must submit the application for each garnishment measure separately.
Even after the immediate payment has been released by the court, the warning notice applies in the event of withdrawal and subsequent (partial) re-deposit to the account, see the text above "What does the P-Konto protect??".
P account certificate for "Corona bonus from the employer?
Many employers currently pay their employees a special payment in addition to their wages, usually known as the "Corona bonus, § 3 no. 11a EStG" is designated. An example of this is z.B. the special payment in accordance with TV-L (collective agreement for the public service of the federal states) acc. to. § 2 TV Corona special payment, which will be paid out with the March 2022 salary at the latest by employers who are bound by the corresponding collective agreement.
Unlike the "Corona bonus for caregivers" paid out in 2020, which the legislature expressly exempted from garnishment in Section 150a of the German Social Code, Book XI, there is no explicit provision on the (un)garnishability of these current payments.
For the bonus payments, an increase in the allowances on the P-account accordingly can not be made by a certificate. A release is only possible by filing an application (§ 906 ZPO) with the competent enforcement court or. possible in the case of seizure by a public creditor at the enforcement office there.
P-Konto certificate for "Corona bridging assistance for students"?
Students in emergency situations caused by the pandemic are also currently receiving support payments from the state in the form of so-called bridging assistance.
This is available in two variants:
- Bridging assistance in the form of a loan (interest-free until March 2021) via a K application, in the amount of up to 650 euros per month.
- Bridging assistance in the form of a non-repayable grant for the months of June, July and August, 100 to 500 euros per month. This is money provided directly by the Federal Ministry of Education and Research (BMBF), processed and paid out via the student and student union offices.
If these benefits are received on an attached P account and the exemption amount there is then not sufficient for the full disposal of the credit balance, an exemption cannot be made by means of a P account certificate.
The release can also here only through an application to the enforcement court or. in the case of seizure by a public creditor, can be obtained through the creditor’s enforcement agency, cf. above "Corona emergency assistance.
P-Konto certificate for "Corona child bonus" ?
In the course of the Corona economic stimulus package, the federal government has approved the payment of a so-called. Child bonus in the amount of 300 euros resolved. This applies to every child who is entitled to child benefit in 2020.
The bonus will be – for those entitled to child benefit in September 2020 –
- in the amount of 200.00 euros in September 2020 and
- in the amount of 100.00 Euros in October 2020
paid out together with the child allowance by the family benefits office.
When the payment will be made for the children who are not specifically entitled to child benefits in September, but in the course of 2020, has not yet been definitively determined. But also there the payment is made – if necessary. a little later – in two installments.
The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSFJ) has declared the child bonus to be basically unseizable. The child bonus is also not offset against other social benefits.
The amounts can be certified accordingly as an increase amount for the P-Konto (cash benefit for children). This also applies to the sog. Child free bonus, which will be paid out in August 2021.
However, after the experience with the child allowance increase in 2017 and initial feedback from the leading associations of the German credit industry regarding the current child bonus, a certificate is not absolutely necessary:
As a first step, you can and should ask the bank that keeps your account if the software system there automatically recognizes the amounts as exempt from garnishment and unbureaucratically takes the bonus amounts into account as an increased exemption amount.
Only if this is not the case, the presentation of a current P-Konto certificate is necessary to free the child bonus.