Facts
The Federal Supreme Court was seized with a question concerning the start of the one-year period during which future wages can be garnished in a specific debt enforcement proceeding, when other creditors participate in the garnishment within the deadlines provided for in Arts. 110 and 111 DEBA. While some debt enforcement offices consider that the deadline runs from the last act of garnishment, others believe that it must be limited to one year from the first garnishment that set the participation deadlines in motion.Considerations
The case law has limited the duration of the garnishment of future wages to one year in the interest of the other creditors, so as not to deprive them for too long of the possibility of garnishing the debtor's wages. This one-year limitation must also apply in the case of participation of multiple creditors, and the deadline must run from the garnishment that set the participation deadlines provided for in Arts. 110 and 111 DEBA in motion. The other creditors must not be disadvantaged compared to the creditor who obtained the first garnishment, as the amounts garnished during this year benefit all the creditors participating in the debt enforcement proceedings.
Although the case law had initially linked the duration of the wage garnishment to the deadlines provided for in Arts. 116 and 121 DEBA for the realization of movable property and claims, this reference is not justified, as these provisions are not applicable to wage garnishment. The…