Can citizens’ money be seized? This way you avoid unnecessary losses!

Anyone who receives citizen's benefit usually relies on it month after month and cannot afford to have it blocked or even seized. It is therefore important to know whether your citizen's money can be seized.


We therefore recommend that you find out about the most important framework conditions in this article and, if necessary, seek advice from us or a lawyer you trust.

Summary - Account seizure in 2023 / 2024

    Most important facts about the seizure of citizens' money The legal framework: Can citizens' money be seized?

Most important facts about the seizure of citizens’ money:

Rechtliche Dinge auf dem Tischt

The legal framework: Can citizens' money be seized?

In general, social benefits, which also include citizens' money, are protected from seizures. This is regulated in the Social Security Code (SGB).


Citizens' money is there to help people who don't have a job and don't have enough money or assets to cover their living costs. To ensure that this support reaches people safely, the legislature has made rules.


These rules state that citizens' money cannot be taken away by creditors. This is called seizure protection.


The rules for this are not in the Code of Civil Procedure (ZPO), but in the Social Code II. In Section 42 Paragraph 4 of the Social Code II it is explained as follows: “The right to benefits to secure a living cannot be assigned, transferred, pledged or seized .”



This means: >> The tax office cannot simply use your account for enforcement purposes without warning.


However, there are exceptions, for example in the case of maintenance claims, public claims or certain tax debts.


In the worst case, any ongoing cash benefits can be seized (Section 54 Paragraph 4 SGB I).

What many people don't know: Citizens' money and even social assistance can be seized under certain conditions.

Non-seizable benefits that may not be included in the calculation:

    Housing benefit (for rent etc.) Maternity benefit / parental benefit Additional requirements: which are used to reduce physical and/or health restrictions

Can the back payment of citizen’s money be seized?

Back payments of citizen's money can also be seized if there is no protection account or if a protection account has been set up but the seizure protection limit of currently 1,410 euros (according to BDJ) has been exceeded.


It is important to note that protection against seizures depends on various factors.

How can you avoid garnishment of citizens’ money?

The most effective measure - setting up a P account:


A P account (garnishment protection account) offers protection against seizures, including citizen's money (BGE). It ensures that a certain allowance remains available each month and cannot be seized.


This is especially true for UBI with debt. At least the minimum allowances remain securely protected from creditors with a P account.


Increase allowances: Due to certain circumstances, such as maintenance obligations, it may be possible to increase the allowances on the P account. This offers additional protection against seizures.

How to set up your P account

You can set up a P account with your own bank. It is important that you take care of this early to ensure protection against seizure.


This conversion into a P account must be requested from the bank of the indebted company.


By law, the bank is required to convert the regular account to a P account within four business days.


Read more details about setting up the P account here.

Viele Fragezeichen

Should a P account be set up even after the seizure has taken place?

Yes, it makes sense to set up a P account even after the seizure has taken place. The consumer advice center advises you to convert your account into a P account or set it up even during or after indebtedness.

Even if the incoming funds from an account that is in the red are continually offset, the seizure protection account is the most sensible protection.


As a debtor, you even have the option of requesting that your bank retroactively convert it into a P account for the most recently past period. This is only possible retroactively up to a maximum of four weeks. The start of the period represents the date of delivery of your application for conversion to the bank.


Without you using this retroactive option, the bank must pay out the debtor's required balance to the creditors.


The P account offers quick and effective protection against further seizures and ensures that the necessary amount remains available every month.


It is also possible to set up a P account retroactively, but should be done as early as possible to maximize protection against seizures.

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