In the event of a garnishment, it is advisable that to secure your livelihood you obtain a Pfändungsschutzkonto open. Alternatively, convert your existing account to a Pfändungsschutzkonto. Although P accounts promise protection of funds, it happens that a withdrawal on the P-Konto is not possible despite having funds. Often you are legally entitled to the credit, but the withdrawal at the ATM or the transfer still does not work. If no withdrawal is possible despite P-Konto, this can quickly threaten your existence. Especially if you have maintenance obligations for other people. In this article, we will get to the bottom of the underlying problem.
For this we list 9 reasons why you might not be able to cash out on your P-Konto despite having funds available. In addition, at the end of the article you will find a ChecklistYou can use it to check why you can't cash out on P-Konto despite having a balance.
The most important facts about no payout despite credit on the P-Konto summarized
What you can learn here
- 1 The most important facts about no payout despite credit on the P-Konto summarized
- 2 What is meant by a P-Konto?
- 3 What allowances are protected from garnishment measures on the P-Konto?
- 4 When is there no payout on the P-Konto despite credit?
- 4.1 1. no payout despite credit balance, as P-Konto allowance exceeded
- 4.2 2. if incoming payments have not yet been posted, no payment will be made despite the credit balance on the P-Konto.
- 4.3 3. the bank has not yet verified the receipt of payment
- 4.4 4. if a debit is noted, the bank can already deduct it from the tax-free amount
- 4.5 5. in the case of earnings above the exemption amount, there is no order of the enforcement court
- 4.6 6. additional payment from the job center was not reported to the bank
- 4.7 7. the P-Konto was in minus before conversion
- 4.8 8. is there a second P-Konto with the same name?
- 4.9 9. Has the bank blocked the account due to suspicious activity?
- 5 Use the checklist to find out why a withdrawal is not possible despite having a balance on the P-Konto
- 6 What you can do if the bank does not allow withdrawal despite the balance on the P-Konto
- On the P-Konto, you have an allowance each month that the bank is not allowed to garnish.
- If you exceeded the allowance, the surplus money is moved to the retirement account, provided that there is a garnishment.
- The bank often displays incoming funds in online banking before their value date. However, they are only available for payment after posting (usually one or two days later).
- Direct debits and other account debits may already have been deducted from the allowance. This concerns previously announced account debits that the bank has not yet debited.
- Sometimes banks require a court order before they adjust the tax-free amount and make it available for payment. For example, if you are entitled to higher tax-free amounts than the basic tax-free amount (e.g. for simultaneous seizure of account and wages).
- If a payout is no longer possible despite a credit balance, there could also be an account block on the P-Konto. If, for example, several P accounts were set up at the same time, the bank may block the account because the second P-Konto would protect a higher amount than permitted by law.
- But also in case of overdraft or suspicious activity on the account, the bank may block the P-Konto despite the balance.
- If you can't explain why no withdrawal is possible despite having funds on the P-Konto, contact the bank.
What is meant by a P-Konto?
A P-Konto is a Pfändungsschutzkonto that protects credit balances up to the garnishment exemption limit from garnishment measures. This means that with a P-Konto you have enough money to cover your living expenses thanks to the basic exemption amount. With a P-Konto, the bank is not allowed to transfer the monthly allowance to the creditor. It doesn't matter how high your debts are.
However, amounts in excess of this can also be protected if a Double garnishment of account and wages is present. The amount of the tax-free allowance depends on the number of children. What many people do not know about the tax-free amount is that married persons can claim additional tax-free amounts. You can find out the amount of the P-Konto allowance with a Garnishment calculator calculate. The calculator also takes into account some other points that could increase the allowance on the P-Konto.
In general, you may only open a P-Konto. However, this does not include the right to open a open second account despite existing garnishmentas long as you keep only one of the two accounts as a P-Konto. If you have a joint account with your partner that is at risk of garnishment, you should urgently open a separate account and convert it to a P-Konto. Unfortunately, you cannot keep joint accounts as P-Konto.
Here I advise the Paycenter Suprema Card*. This is an account that can be converted into a P-Konto without complicated applications (as with other banks). All it takes is a few clicks in online banking.
What allowances are protected from garnishment measures on the P-Konto?
If you convert your account to a P-Konto, €1,340 is protected from garnishment. If you pay alimony to children or spouse, you can claim further allowances. But even if you live in a marriage where your partner has no income of their own, you have a maintenance obligation and can have additional allowances on the P-Konto. To do this, you must provide the bank with the relevant documents. If the bank does not want to increase the allowance on the P-Konto, you can apply to the enforcement court to increase the allowance.
The following allowances are protected on the P-Konto from garnishment measures depending on the support obligations. You receive higher allowances for your own child or spouse.
- Own child: +1 maintenance obligation
- Spouse without own income: +1 maintenance obligation
- You have to pay alimony for a separated spouse: +1 alimony obligation
|Number of maintenance obligations (e.g. children, spouse)||Garnishment allowance|
|5 and more||2.956,21 €|
When is there no payout on the P-Konto despite credit?
In a financial emergency, you depend on the short-term availability of money. However, in some cases, the bank may refuse to pay out the money despite the balance on the P-Konto. There are various reasons why the P-Konto cannot be withdrawn despite a credit balance.
1. no payout despite credit balance, as P-Konto allowance exceeded
To determine the monthly exhausted allowance, the bank adds up all account receipts within a month. If you have several account receipts in a month and do not know whether the allowance has already been used up, you may exceed the allowance on the P-Konto. Especially in case of Back payments of wages and social benefits problems occur here more often.
The chart shows the allowances:
- With the P-Konto basic protection (Fig. 1),
- Including additional amounts released due to maintenance payments with P-Konto certificate (Fig. 2) and
- With full P-Konto protection and an application to the enforcement court (Fig. 3).
If you have exceeded the allowance on the P-Konto, the bank pushes the excess money into a retirement account, and transfers it to the creditors 3 months later. This is the very abbreviated procedure, which is described in more detail in the article "What happens to too much money on the P-Konto?" is described.
2. if incoming payments have not yet been posted, no payment will be made despite the credit balance on the P-Konto.
If incoming payments have not yet been posted (value added), no payment will be made despite the credit balance on the P-Konto. Therefore, check again one or two days later whether the incoming payment has already been value-dated. If it is an announced amount that still needs to be posted, it will only be visible in online banking or on the account statement with a slight delay.
Although earmarked transactions are listed in online banking, they are not yet taken into account in the overall balance (account balance). For this reason, misunderstandings repeatedly arise with earmarked transactions, as a payout is not possible due to the earmarked transaction despite a currently sufficient credit balance.
3. the bank has not yet verified the receipt of payment
However, even after the value date of the cash receipt, it may still take a bank working day until a disposal is possible. This is because the bank must check each credit entry for a P-Konto individually to see if the tax-free amount has been exceeded. In most cases, these checks are carried out on the basis of a garnishment table automated so that there is no noticeable delay.
Nevertheless, in individual cases a manual check of the receipt of funds may be necessary, which requires an action by a bank employee. Thus, you will see the money already on the account, however, an employee must be first check whether the tax-free amount has been exceeded with the credit.
4. if a debit is noted, the bank can already deduct it from the tax-free amount
But even if your account balance is sufficiently high, it may be that a debit is noted. The bank can offset this debit against the allowance in advance. You can then no longer dispose of the entire account. You should also know that marked entries are not always visible directly in online banking or on the account statement. It often takes several days until the bank debits a debit, but many banks show the prebooking directly.
5. in the case of earnings above the exemption amount, there is no order of the enforcement court
It also gets tricky if you earn above the exemption amount and want to protect the money on the P-Konto as the garnishment table foresees. If you simply submit your pay slips to the bank, the bank may refuse to release amounts above the tax-free amount.
This is also due to the fact that the Bank must be liableif it claims too little money from the debtor. Experts therefore recommend that if you earn more than the tax-free amount, you should apply to the enforcement court to have the amounts released. If you can present the bank with a court order on the income to be protected, it will recognize this and not transfer the amounts to the creditor.
There is still a legal stumbling block here, because the court can require that you have already tried other ways to increase the tax-free amount on the P-Konto before you have turned to the court. However, the bank often only accepts decisions of the enforcement court if it is to increase the tax-free amount above the basic tax-free amount.
In order to trigger the conflict, you should first provide the bank with e.g. benefit statements for social benefits or the last 3 pay slips.
If the bank accepts this, it is much faster than going to court. If the bank refuses the increase, you have the proof required by the court of an unsuccessful attempt to increase the tax-free amount without court.
6. additional payment from the job center was not reported to the bank
If you have received an additional payment, you must have it certified and send the completed "P-Konto form" to the bank for a one-time increase of the tax-free amount. Otherwise, the additional payment will be treated as regular income and it may not be possible to make a payment despite having a credit balance on the P-Konto.
7. the P-Konto was in minus before conversion
With a P-Konto, it is not possible to overdraw the account, as the P-Konto is managed on a credit basis. However, since the reform of the P-Konto regulations in December 2021, debtors have the right to have a negative account converted into a P-Konto. In this case, the debts are written off to a separate account and may no longer be offset against the garnishment allowance. However, the charged-off debts from the negative balance of the account continue to exist if the garnishment has already been settled. This can still become a problem for debtors later on, as the legislator failed to set a maximum amount for the interest on the charged-off debt as part of the P-Konto reform in 2021, which is why the bank now often charges it at the high overdraft interest rate.
To this end, there were cases where the bank first requested a reconversion of the P-Konto into a normal checking account before making the credit balance on the account available for payment. Thus, the bank could force the debtor to pay the outstanding debt from the overdraft.
8. is there a second P-Konto with the same name?
If the bank denies a disposition despite having P-Konto protection in place, it could be because mhe same name of several garnishment protection accounts have been set up. In this way, a higher allowance can be protected from seizure. This is because the basic allowance is protected from creditors again on each P-Konto. However, debtors are not allowed to open several P accounts in parallel (§ 850k ZPO). If the bank notices the infringement, it will block the P-Konto, which means that it will no longer be possible to dispose of the account.
9. Has the bank blocked the account due to suspicious activity?
If no withdrawal is possible despite the balance on the P-Konto and the previous reasons are all incorrect, it could also be one of the following Savings bank account block or bench lie.
If the account holder uses his account for criminal activities such as Money laundering or illegal business, the bank may block the P-Konto. Likewise, banks and savings banks block the account if they are irregular or unusual account movements determine. Because this could mean that misuse by third parties has taken place. A block then serves to protect the account holder. But even if the account has hardly any credit and has not been active for a long time, the bank can block it temporarily.
Use the checklist to find out why a withdrawal is not possible despite having a balance on the P-Konto
What you can do if the bank does not allow withdrawal despite the balance on the P-Konto
If you have funds in your account, but you can't dispose of them yet, it's usually because the transaction has not yet been value-dated and verified. This means that sometimes you have to wait one or two bank working days after the receipt of the money before you can dispose of it, but in most cases the value date is the afternoon of the receipt. So you can within a few hours, dispose of the desired amount.
If you are still unsure why no withdrawal is possible on P-Konto despite having sufficient funds, check these points again and contact your bank immediately or leave a comment here.
- No payout despite credit, as P-Konto allowance exceeded
- If incoming payments have not yet been posted, no payment will be made despite the credit balance on the P-Konto.
- The bank has not yet checked the receipt of payment
- If a debit is noted, the bank can already deduct it from the allowance
- In the case of earnings above the exemption amount, there is no decision of the enforcement court
- Additional payment from Jobcenter was not shown to the bank
- The P-Konto was negative before the conversion
- Is there a second P-Konto on the same name?
- Has the bank blocked the account?
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