EST RUS ENG
For the claimant
Bailiff's fee calculators
Enforcement notice, enforcement proceedings
Income against which claim for payment cannot be made
Seizure of bank account
Seizure from wages
Seizure from pension
Compulsory sale of assets
Trustee in Bankruptcy & Tallinn Bailiff Elin Vilippus
§ 131 of the Code of Enforcement Procedure stipulates that state pension to the extent provided by law is income on which claim for payment cannot be made.
The Supreme Court made Ruling No. 3-2-1-68-07, where it explains making claims for payment on pensions and the part of income not subject to seizure:
Withdrawal from state pension is regulated by clause 47 (1) 1) of the State Pension Insurance Act, which stipulates that withholdings from state pensions may be made on the basis of a decision subject to enforcement pursuant to the Code of Enforcement Procedure. Pursuant to subsection 47 (2) of the State Pension Insurance Act, the amount withheld from a state pension is calculated on the basis of the pension prescribed for the pensioner, according to the total amount of the state pension. Subsection (3) of the same section states that on the basis of a decision subject to enforcement pursuant to the Code of Enforcement Procedure, up to 50 percent of a state pension may be withheld, but at least 50 percent of the national pension rate will be retained for a pensioner. Thus, the State Pension Insurance Act stipulates the maximum rate of a withholding from a state pension.
In addition to § 47 of the State Pension Insurance Act, subsection 132 (1) of the Code of Enforcement Procedure must also be taken into account, pursuant to which income will not be seized if it does not exceed the amount of minimum wages prescribed for one month or a corresponding proportion of income for a week or day. Therefore, all of the debtor's income and its total amount must be ascertained before a claim for payment is made on the debtor's income (incl. withholding from state pension). A claim for payment on a state pension may be made to the extent stipulated in subsection 47 (3) of the State Pension Insurance Act only if the remaining income of the pensioner (the remaining part of the pension and other income in total) correspond to the minimum stipulated in subsection 132 (1) of the Code of Enforcement Procedure.
A pension who receives a state pension can submit an application to the bailiff to request that the Pension Board withhold from their pension the amount that the debtor can afford to pay towards the debt every month. The debtor can prepare their own application or use the existing payment schedule application form under Debtors – Forms – Application for payment schedule. Please send the application by e-mail, ordinary mail or deliver it yourself. Submitting the aforementioned application will guarantee to you that any withholdings are made correctly and on a monthly basis, so the debt will decrease.
A.Lauteri 5, Tallinn 10114
T - R 9.00 - 13.00
Tel 6 840 620
Kõnede vastuvõtt:
E,R 09:00 - 13.00, T-N 13:00 - 16:30
Faks 6 840 621
elinvilippus.buroo@taitur.vilippus.ee
Emails from bailiff´s bureau infosystem are sended from address postmaster[@]taitur.vilippus.ee.
EE321010010146243015 BIC: EEUHEE2X