Seizability of an indemnity for loss of earnings paid by a liability insurance

Facts

The Federal Tribunal was seized of an appeal against a decision of the supervisory authority of the debt collection and bankruptcy office of the canton of Basel-City. This decision had rejected the complaint of [H.] against the seizure by the debt collection office of an indemnity for loss of earnings paid by the liability insurance of his debtor.

[H.] contested the seizability of this indemnity, considering it as a non-assignable and non-seizable benefit under Art. 92 para. 10 of the DEBA, which provides for the non-seizability of annuities and capital allocated as compensation for bodily injury or impairment of health.

Considerations

The Federal Tribunal considered that as long as the indemnity for loss of earnings paid to [H.] was not intended to compensate the consequences of permanent incapacity for work, it should be assimilated to a replacement income and could therefore be seized on a relative basis, in accordance with Art. 93 DEBA.

Indeed, the case law has established that benefits intended to replace a salary, such as daily allowances from health insurance, are seizable to the extent that they exceed the maintenance needs of…