Wage garnishment, focus on the procedure

The Grand Ducal regulation of January 15, 2021, which took effect on January 29, 2021, has simplified and accelerated the wage garnishment procedure.

The wage garnishment procedure is still initiated by petition to the Tribunal de Paix, which issues an authorization order when the claim underlying the wage garnishment appears justified.

However, since the January 15, 2021 regulation came into force, validation of the wage garnishment following the authorization order can be obtained by simply writing to the Peace Court. It no longer requires the parties to be summoned to a hearing.

The seized debtor has one month from notification of the authorization order to lodge an appeal against it.

If no appeal is lodged, the seizing creditor can request validation of the wage garnishment by sending a simple letter to the Peace Court.

The debtor may appeal against the validation order within 15 days of notification of the order, and then has a further 15 days in which to lodge an appeal.

In the absence of recourse, the seizing creditor may pursue the execution of the seizure against the third party.

As a result, garnishee creditors can now obtain court rulings validating the wage garnishments they have levied.es without a hearing before the Court of Peace, when the wage garnishments are based on an uncontested claim.

The Grand Ducal regulation of January 15, 2021 has therefore reduced not only the duration of the procedure, but also the costs incurred.