Seizure-free foot and the WVBVV: New law, working method and website as of 1 January 2021

As of 1 January 2021, a new law (the Wvbvv) has entered into force that should simplify the correct determination of the height of the seizure-free foot. This has changed the working method with regard to debt collection for bailiffs and those with debts. With a new website: uwbeslagvrijevoet.nl, the government offers a portal for citizens and aid workers where information about it, and a calculation module for the seizure-free foot can be found. In this article, we briefly explain the most important changes.

What is the batter-free base?

If a bailiff seizes an income (wages, benefits, allowances, etc.), he may never claim the entire income. It is regulated by law that there must always be a part for the debtor that provides for the necessary costs, such as fixed costs and groceries. This part is the attachment-free rate: the income that could not be seized for the creditors.

Working method until 1 January 2021

The attachment-free rate was created as a tool to determine the minimum amount a debtor needs to live on. The exact amount depends on the debtor's situation, and is determined by the bailiff. Until 1 January 2021, he did so on the basis of information he received from the debtor. If you had a bailiff on your doorstep at that time, you had to give him insight into all your income and expenses. On the basis of this, the bailiff determined the height of the seizure-free foot.

Seeming situations

A disadvantage of this way of working turned out to be that the information that debtors provided to bailiffs often turned out to be incomplete. Sometimes, as a result, the batter-free foot was determined to be too high or too low. In the latter case, apparent situations arose in which citizens and families had too little income after seizure to meet the necessary costs.

Change as of 1 January 2021

That is why the way in which the seizure-free rate is determined has changed as of 1 January 2021. At that time, the Act simplifying attachment-free foot (vBVV) came into effect, and from then on a bailiff will have a more coordinating function. The calculation of the attachment-free rate is no longer dependent on data provided by the debtor himself, but is determined on the basis of information that the bailiff collects from various authorities (such as the Personal Records Database, the UWV and the Tax and Customs Administration).

Objection to a seizure-free foot

This data about the living situation, income and expenses are then processed by the bailiff in a calculation module. Below, the calculation and determination of the attachment-free rate by the debtor can be viewed. So as a batter you can see exactly what your batter-free foot is and what it is based on. Do you disagree? Then you have four weeks to lodge an objection with your bailiff. In the accompanying letter that you receive with the calculation formula you can read how you do that. Two weeks after the bailiff (who is the debtor's direct point of contact) has received the objection, he must provide give feedback on whether or not to adjust the batter-free foot upwards or downwards.

Ask

Do not hesitate to ask us questions, especially in case of financial worries. Don't get stuck with it  and  contact Aeslupa to submit your question to us or share your concerns with us.

Find out more Wvbvv

As mentioned, according to the Wvbvv, a new website is  online that serves as a citizen portal with information about the seizure-free foot. Here you will find basic information about the (determination of) the batter-free foot and a calculation tool to calculate a batter-free foot. You  can log in to schuldenwijzer.nl if an attachment has been made and you want to see how you are doing with regard to your debts. Information for attachment officers about the new vBVV act can be found on the website of the Royal Professional Association of Bailiffs(KBvG). The KBvG also made this video explaining the law.
Aeslupa helps with debts, including legal administration. We published this article about the batter-free foot.

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