Mgr. ANNA VEJMELKOVÁ, advokát

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Seizure of Parental Allowance and Social Benefits – What’s Illegal and How to Defend Yourself

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You received your social benefit payment from the Labour Office, but part of it is missing. Almost nothing is left – and you have a small child at home. When you call the office, they tell you the money went to a bailiff.
But you remember that some benefits are protected from seizure…
You’re right.

Seizing benefits in enforcement proceedings is a very sensitive issue – and mistakes happen often. People lose money they are entitled to and don’t know they can fight back. In some cases, they may even be able to recover what was unlawfully taken.

📌 This article is part of the complete legal guide for debtors: Debt Enforcement in the Czech Republic – Complete Guide for Debtors (Velký rozcestník)

People often search: Can a bailiff seize my parental allowance? What if they took my child benefits or subsistence aid? How much must be left? How do I know if the seizure was unlawful?
In this article, you’ll find clear answers – practical and without legalese.

What you’ll learn in this article

– Which benefits cannot be seized in enforcement
– How to recognize unlawful deductions and who to contact
– How to recover money that was wrongfully seized
– Risks you probably haven’t considered
– Practical legal tips
– A real-life client story


1. When can social benefits be seized?

Enforcement on social benefits is only allowed under specific legal conditions. The law defines which types of benefits are seizable and which are protected.

Seizable benefits include:

  • Unemployment allowance

  • Sickness benefits

  • Housing allowance (in some cases)

Protected benefits include:

  • Parental allowance

  • Birth grant

  • Funeral grant

  • Child benefits

  • Subsistence benefits (e.g., assistance in material need)

📌 If a protected benefit is seized, it’s a mistake – and either the benefit provider or the bailiff may be held responsible.


2. How to recognize an unlawful seizure

The Labour Office may not inform you directly. People usually realize something is wrong when less money arrives in their account or via postal money order.

Red flags include:

  • Lower benefit payment than usual

  • Missing protected benefits

  • No explanation for the deduction

  • No formal notice from the bailiff

📌 If any of this happens, take action immediately – the sooner you act, the higher the chance to recover your money.


3. How to defend yourself

It depends on who made the error:

  • If the bailiff is responsible, you can file a formal objection or a motion to halt enforcement.

  • If the Labour Office made the mistake, you can file a complaint and claim compensation.

  • In extreme cases, you may need to file a lawsuit for unjust enrichment.

⚠️ Don’t expect the authorities to fix it for you. You must take initiative and prove that the benefit should not have been seized.


❌ Common risks and mistakes

  • People are unaware that some benefits are protected

  • No one explains the difference between benefit types

  • Child benefit seizures are common mistakes

  • People are afraid to speak up or don’t believe they can win


👩‍⚖️ Legal advice from the attorney

✔ Have your case reviewed to check if the seizure was legal
✔ Act quickly if a protected benefit was deducted
✔ Use formal objections and legal requests
✔ For complex issues, consult a lawyer – often, a single filing can make a difference


🧾 Case example

A client, Jitka, received parental allowance and housing allowance. One day, only part of the expected amount arrived. The Labour Office said the rest went to a bailiff.

A legal review found that the parental allowance was protected and should not have been seized. The lawyer filed an objection, and the money was returned. If Jitka hadn’t acted, she would have lost thousands of crowns each month – for no legal reason.

Need help?

✔ I will check whether the enforcement was lawful
✔ I’ll help you file objections and legal notices
✔ I’ll recover money that was wrongly seized
✔ Everything online and clearly explained – from CZK 1,900 + VAT

Contact a legal professional – I specialize in debt collections (learn more here) and enforcement (learn more here).

 

Where do I provide legal services?
I help clients across Prague, Central Bohemia, and South Bohemia. Here are a few selected locations:

🔹 Lawyer Prague 1
🔹 Lawyer Prague 6
🔹 Lawyer Příbram
🔹 Lawyer Nymburk
🔹 Lawyer České Budějovice

👉 See all locations here:
https://www.vejmelkova.cz/en/how-to-find-your-czech-lawyer/

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