P Account And The So-called Problem Of The Beginning Of The Month

All beginnings are difficult – with the introduction of the new P account to the 1.7.2010 the P account seizure protection was implemented starting difficulties for garnishment of account to allow the account holder, each month the unattachable part of credits (985,15 base amount) to can have without that the account is locked out. For the first time in early August occurred but a mishap at the newly introduced P accounts, because just the sure felt the P account to the creditors was paid out. Not considered was that wage replacement feature benefits such as unemployment benefit, social assistance or social pensions transferred at the end of the month for the following month. On the P account, this means that the payment of the allowance for the month, on which it arrives, is counted on the account and for the exemption of the P account already consumed. A protection of this income was therefore not guaranteed. The result was that many recipients of social security benefits in the next month in this way no had disposable income available. This problem can recur in theory every month.

Up to fix the problem by any amendment to the Bill proposed several solutions to the current solution. Running costs, such as rent, is the easiest way to transfer already at the end of the month and to withdraw the remaining money as already before the introduction of the P account. In addition, those concerned that a seizure has already taken place, can according to 765a CCP apply for a one-time release of unattachable account balance without credit on the monthly P account protection or enforcement court make a request for renewal of the moratorium after article 835, para. 3 ZPO. It is hoped that a quick solution can be found for this problem. It must be also implemented in practice because otherwise she runs by object simplification and relief of the courts in the blank with the introduction of the P account. Summary: The article deals with the breakdown in the introduction the new P account (recurring problem of beginning of the month) and possible solutions shows how the debtor can protect his seizure-free income or get back in the attachment. (