What you’ll learn in this article:

– How enforcement of pension income works
– When sickness benefits can be seized
– Whether parental allowance is protected
– What common mistakes happen and what to do
– How to defend against unlawful enforcement on social benefits

1. Pension enforcement – what can be deducted?

Pensions (old-age, disability, widow’s, etc.) can be garnished, but only above a protected minimum amount (known as the “non-seizable amount”). This amount changes yearly and is based on the cost of living and housing.
Amounts above the protected threshold can be deducted depending on whether the debt is priority (e.g., child support) or non-priority.

✅ Important tip: The Czech Social Security Administration (ČSSZ) automatically processes deductions. If your pension seems suspiciously low, ask for a detailed breakdown of deductions.

2. Can sickness benefits be seized?

Yes – if the sickness benefit is a replacement for wages, then it is treated like a salary and subject to the same rules. Again, the protected minimum applies.
Mistakes often happen when multiple benefits are paid at once – for example, sickness + welfare assistance.

📌 Be careful: If you’re on long-term medical leave with no other income, enforcement can push you below subsistence level. You may be entitled to a postponement or suspension of enforcement.

3. Is parental allowance protected?

Yes. Parental allowance is non-seizable under Czech law (§ 317 of the Civil Procedure Code). A bailiff cannot legally touch it, not even partially. If it happens, it’s an unlawful act, and you may be entitled to a refund.

⚠️ Common problem:
Banks may allow bailiffs to access an account with parental allowance because they can’t tell the source of the funds. That’s why it’s best to clearly mark incoming benefits and consider using a separate bank account just for these payments.

4. What if too much was seized?

You have two options:

• Contact the bailiff immediately and ask for an explanation. You can request a calculation breakdown and demand the return of unlawfully seized money.

• If that fails, you can file a petition for partial suspension of enforcement or even a lawsuit for unjust enrichment.

👉 In all cases, have the situation reviewed by a lawyer. Sometimes what seems like a small mistake leads to serious financial harm.

⚠️ Lawyer’s tip

I often see enforcement affecting the most vulnerable – pensioners, single parents, or those on sick leave. These are also the cases where enforcement is most often carried out incorrectly or excessively.
My advice? Always have the deductions and enforcement verified – and act quickly if something feels off. It’s often possible to fix the situation, but only if you take action.