In Belgium

Unseizability (insaisissabilite / onbeslagbaarheid) is the legal protection that shields certain assets and income from seizure by creditors. Belgian law provides these protections to ensure that debtors — including tenants with rent arrears — retain the minimum necessary for a dignified existence.

Types of protected assets:

Income protection. Article 1409 of the Judicial Code establishes income thresholds below which wages, pensions and replacement income cannot be seized. As of 2026:

  • Below 1,310 EUR/month net: completely unseizable
  • 1,310 - 1,408 EUR: 20% seizable
  • 1,408 - 1,556 EUR: 30% seizable
  • 1,556 - 1,752 EUR: 40% seizable
  • Above 1,752 EUR: fully seizable

Household items. Article 1408 of the Judicial Code lists essential items that are exempt: beds, table, chairs, stove, refrigerator, washing machine, clothing, children’s items, religious objects, tools of trade (up to a value limit), and one computer.

Social benefits. Minimum income (revenu d’integration / leefloon) from CPAS/OCMW is entirely unseizable.

How it works

Automatic protection. The unseizability thresholds apply automatically. The bailiff must respect them when calculating seizable amounts. If a mistake is made, the debtor can contest before the attachment judge.

Increased thresholds. The unseizable thresholds are increased by 78 EUR per dependent child. A single parent with 2 children has higher protection than a single person without dependants.

Bank accounts. When an attachment freezes a bank account, the debtor can request the attachment judge to release amounts corresponding to unseizable income.

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Warning
Landlords must be aware that a significant portion of a tenant’s income may be protected from seizure. For a tenant earning minimum wage (approximately 1,600 EUR/month net), only a small fraction can be garnished. Recovery of large rent arrears through wage attachment can take many months or years.

Practical example

A tenant earning 1,700 EUR/month net has 2 dependent children. The unseizable threshold is increased by 156 EUR (2 x 78 EUR), raising the fully protected amount to 1,466 EUR. Only amounts above this threshold are subject to progressive seizure. In practice, approximately 120 EUR/month can be garnished. To recover 5,000 EUR in rent arrears, the landlord would need more than 3 years of wage attachment.