Any creditor in possession of a writ of execution in proof of a debt which is certain, and due for immediate payment may attach the earnings due his debtor by an employer.
The attachment of sums, regardless of the amount due as remuneration to any salaried person or worker, in any capacity, in any place whatsoever, for one or more employers, may only be carried out after an attempt at conciliation before the competent court of the place of residence of the debtor.
Earnings shall not be subject to sequestration.
There shall be kept at the registry of each court a register which shall be numbered and initialed by the President of the court, in which shall be recorded all writs irrespective of the nature, decisions and formalities arising from assignments and attachment of earnings.
Earnings may only be assigned or attached in the proportion determined by each State Party.
The basis for the calculation of the attachable portion of wages or salaries shall be the gross salary or wages including extra earnings, after deducting of;
– Taxes and compulsory legal deductions retained at source;
– Allowances representing expenses;
– Allowances, increases and supplements for family responsibilities;
– Allowances which by the laws and regulations of each State Party shall not be subject of attachment.
The aggregate of sums attached or voluntarily assigned shall not, under any circumstances even for claims of maintenance allowance, exceed the threshold fixed by each State Party.
Where a debtor receives from several sources sums attachable or assignable under the conditions provided for by the present chapter, the attachable portion shall be calculated on the entire amount.
Any deductions shall be made in accordance with the terms and conditions determined by the competent court.