Writing off funds from a card is also illegal if the withheld amount exceeds the percentage established by a court decision. Thus, in most cases, no more than 50% of a salary can be withheld (in rare cases and if there are grounds - 70%). In this case, the bailiff cannot write off 100% of income to pay off debts to creditors.
Yes, and these situations are not uncommon. Usually, the problem is faced by full namesakes of debtors - those with similar surnames, first names and patronymics. If you are sure that you do not have and cannot have debts, and, nevertheless, the bailiffs have seized your card - file a complaint with the FSSP as soon as possible.
Remember that the refund will be associated with certain qatar mobile database bureaucratic procedures. You shouldn't count on the immediate cancellation of the write-off. It will take time for the funds to reach the bailiffs. And also, until the FSSP considers the complaint. And then you will have to wait until the money comes back. Therefore, you need to act as quickly as possible.
How bailiffs and banks distinguish one type of income from another
The senders provide the relevant information – employers and government agencies mark transfers with special codes. It is with their help that the FSSP distinguishes, for example, the receipt of benefits from the transfer of wages.
The situation with alimony is more complicated. Bailiffs will be able to identify them if the money is withheld by them by a court decision. But if the funds are transferred voluntarily by agreement, then it is difficult to distinguish them from a regular transfer. In this case, it is worth asking the payer to write "alimony" in the comments to the payment. However, this does not guarantee absolute security of funds.
When is it permissible to write off only part of the income?
The write-off from the card must not exceed the limits established by law. If we are talking about forced collection of debt to creditors, then only 50% of the amount can be withheld from the salary every month. Bailiffs can write off up to 70% only in case of arrears in alimony payments.
The debtor, in turn, can declare a difficult financial situation to the FSSP and confirm this circumstance with documents. Then there is a chance that the bailiffs will decide to withhold no more than 30% of the income. At the request of the debtor, he can also be left with the amount of the subsistence minimum.