In Ukraine, debt collection is regulated by law. Thus, the total amount of all deductions for each payment of wages and other income of the debtor cannot exceed 50% of the wages that must be paid to the employee. Specialists of the Central Interregional Department of the Ministry of Justice. Kyiv told how debt collection takes place and how much money can be collected from the salary, pension and other income of the debtor. Sud writes about it.. ua.
Recovery from wages, pensions, scholarships and other income of the debtor occurs in a number of cases. Among them:.
if the debtor does not have funds / electronic money on accounts with banks or other financial institutions,.
in the absence or insufficiency of the debtor's property to cover in full the amounts to be recovered,.
as well as in the case of execution of decisions on the collection of periodic payments.
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“According to other executive documents, the contractor has the right to foreclose on wages, pensions, stipends and other incomes of the debtor without applying measures for forcible foreclosure on the debtor’s property - at the written request of the exactor or on executive documents, the amount of recovery for which does not exceed five minimum wages.
Consequently, the executor issues a decision on foreclosure on wages, pensions, stipends and other income of the debtor. It is sent for execution to an enterprise, institution, organization, individual, FLP, paying the debtor, respectively, wages, pensions, scholarships and other income.
Enterprises or other institutions that make deductions from the salary, pension, scholarships and other income of the debtor and transfer funds to the appropriate account of the state executive service body or private contractor.
Such enterprises monthly send to the contractor a report on the deductions and payments made in the form established by the Ministry of Justice..
In the event of termination of the transfer of funds to the recoverer, the employer, no later than three days, notifies the contractor of the reason for the termination of payments and indicates the new place of work, residence or education of the debtor, if it is known.
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The amount of deductions from wages, pensions, stipends and other incomes of the debtor is calculated from the amount remaining after taxes, fees and a single contribution for compulsory state social insurance.
How much can be charged from the debtor's salary.
From the debtor's salary, the following can be deducted according to executive documents until the debt is paid in full:.
in case of recovery of alimony,.
compensation for damage.
caused by injury, other damage to health or death of a person,.
in connection with the loss of a breadwinner, property and / or moral damage caused by a criminal offense or other socially dangerous act - 50%;
for other types of penalties, unless otherwise provided by law - 20%.
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How much can be charged from the debtor's pension.
No more than 50% of its amount can be deducted from the pension:.
for the maintenance of family members (alimony),.
for compensation for damage from theft of property of enterprises, institutions and organizations,.
for compensation by a pensioner for harm caused by injury or other damage to health,.
as well as in connection with the death of the victim for the return of overpaid amounts of wages in cases provided for by law.
For other types of penalties, no more than 20% of the pension can be deducted.
“The total amount of all deductions for each payment of wages and other income of the debtor cannot exceed 50 percent of the wages that must be paid to the employee, including in the case of deductions under several executive documents. This restriction does not apply to the deduction from wages in the event that the debtor is serving a sentence in the form of corrective labor and the recovery of alimony for minor children.. In such cases, the amount of deductions from wages cannot exceed 70 percent..
Earlier we wrote what punishment in Ukraine awaits those who have debts to pay alimony.