Question juridique clé
Whether an already incurred dental invoice may be added to the debtor’s necessary subsistence minimum under wage garnishment rules.
Solution extraite
No. Only expenses for current or imminently expected health-care needs may be taken into account; an existing debt for treatment already performed before enforcement cannot be deducted from the attachable income.
Motifs extraits
The necessary minimum includes health-care expenses, and a flat allowance or a temporary increase may be justified for imminent medical outlays. Here, however, the dentist invoice concerned treatment already completed before enforcement, so it was a pre-existing debt. Under the true meaning of Art. 93 SchKG, such a debt cannot reduce the subsistence minimum; only needs arising during the wage garnishment period are relevant.