[Direct answer]It won't be deducted in full. According to the provisions of the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2022) on the detention and extraction of the income of the person subject to enforcement, the people's court has the right to detain and extract the income of the person subject to enforcement that should be fulfilled, but it shall reserve the necessary living expenses of the person subject to enforcement and the dependents supported by him. In practice, it is usually deducted at a certain percentage of the monthly income of the person subject to enforcement, leaving out the living expenses corresponding to the local minimum living standard, and comprehensively considering factors such as the number of dependents supported and necessary medical expenses. If the enforcement court fails to reserve the necessary expenses, the person subject to enforcement may raise an objection to the enforcement according to law.

I. Problem Background and Typical Scenarios

Salary is the only stable source of income for most debtors and is also the property most easily subject to enforcement. Common scenarios include: the court issuing a notice of assistance in enforcement to the debtor's employer, deducting a fixed amount each month; year-end bonuses and performance bonuses being deducted as soon as they are received; and the family's main breadwinner being subject to deductions, leading to immediate financial strain in supporting the elderly, raising children, and paying for chronic disease medication. Debtors are not only worried about having all their income deducted, but also unsure about the deduction ratio and remedies. They often choose to evade enforcement out of anxiety, which in turn exacerbates the conflict. For more information on related procedures, please refer to the following link:Creditor's rights and debts, and enforcement casesThe service path.

II. Key points of contention

First, the deduction ratio and benchmark. The most appropriate amount of deduction needs to balance ensuring the realization of creditor's rights and maintaining the basic living of the debtor. Whether monthly income, bonuses, and subsidies should be included in the calculation is often controversial. Second, the determination of necessary living expenses. The standard is usually based on the local minimum living guarantee, and is supplemented by the number of dependents, necessary medical and education expenses. Third, the scope of enforceable income. Salaries, bonuses, and labor remuneration are generally enforceable, while pensions, housing provident funds, etc. must be handled in accordance with special regulations and cannot be deducted indiscriminately. Fourth, relief methods. If the deduction is deemed to exceed the scope or fail to leave necessary expenses, an execution objection may be raised, and if dissatisfied with the ruling on the objection, an appeal may also be filed.

III. Professional analysis by Henglue Lawyers

What needs more vigilance than "whether the execution is fair or not" is whether the execution itself is flawed. This case involves an execution objection and an execution reversal: In the loan dispute between F Group and Liu Gang, Li Hongmei, and Liu Qingqing, the Dalian Zhongshan District Court mistakenly added Liu Gang's wife Li Hongmei and daughter Liu Qingqing as the parties subject to enforcement on August 2, 2018; subsequently, the creditor transferred the rights, and Zhang Nan became the applicant for enforcement. The court seized and deducted 2,370,670 yuan from the auction proceeds of Liu Qingqing's house and her deposits, deducted 26,096.26 yuan from Li Hongmei's deposits, auctioned her bank shares to pay 1,696,320 yuan, and seized and deducted 1,110,560.55 yuan from Liu Gang's income-based insurance. On August 19, 2024, the court revoked the decision to add the parties, and on November 25 of the same year, it dismissed the objection to the addition. The enforcement court required Zhang Nan to return Li Hongmei's property and accrued interests. Zhang Nan raised objections, claiming that the property was Liu Gang's personal asset, that the divorce agreement involved transferring assets, and that the rental income far exceeded the accrued interests. Li Hongmei, represented by a lawyer, argued that the divorce agreement was legally valid, that the house had long been registered and there was no malicious collusion, and that the execution reversal was a legal procedure for the court to correct its own erroneous addition. According to Article 65 of the "Regulations on Several Issues Concerning Enforcement Work (Trial)", the reversal should include the accrued interests of the seized property. The court adopted this view and ruled to amend the first item of the enforcement decision, ordering Zhang Nan to return to Li Hongmei the enforcement funds of 2,057,814.61 yuan and the accrued interests within ten days of receiving the decision. This case was handled by Beijing Henglu Law Firm. 比“扣多扣少”更需要警惕的，是执行本身是否错误。本案系执行异议与执行回转案件：F集团与刘刚、李红梅、刘晴晴借贷纠纷中，大连市中山区法院于2018年8月2日错误追加刘刚之妻李红梅、之女刘晴晴为被执行人；此后债权转让，张楠变更为申请执行人，法院扣划了刘晴晴房屋拍卖余款2370670元及存款、扣划李红梅存款26096.26元、拍卖其银行股权发放1696320元、扣划刘刚收益类保险1110560.55元。2024年8月19日法院撤销追加裁定，同年11月25日驳回追加异议。执行法院要求张楠返还李红梅财产及孳息，张楠提出异议，主张房产系刘刚个人财产、离婚协议涉嫌转移财产、租金收益远超孳息。李红梅委托律师代理并提出：离婚协议合法有效、房屋早已登记且无恶意串通，执行回转是法院纠正自身错误追加的合法程序，依《执行工作若干问题的规定（试行）》第六十五条，回转应包含已取得财产的孳息。法院采纳该意见，裁定变更执行裁定第一项，判令张楠收到裁定之日起十日内返还李红梅执行款2057814.61元及孳息。本案由北京恒略律师事务所代理。Ma QianwenThe lawyer (practice certificate number: 11101202411865324, subject to the certificate issued by the judicial administrative organ) and Attorney Song Meina jointly represented the client.

IV. Practical suggestions and legal basis

According to the provisions of the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2022) regarding the seizure and extraction of the income of the debtor and the retention of necessary living expenses, as well as Article 5 of the Supreme People's Court's Regulations on the Seizure, Detention, and Freezing of Property in Civil Enforcement (Fa Shi [2004] No. 15, amended in December 2020) concerning exempted property. Suggestions: First, explain the family support and necessary expenses to the enforcement court in writing, and apply for adjusting the deduction ratio; Second, keep the salary slips, medical bills, and proof of support and maintenance as the basis for necessary living expenses; Third, if you believe that the deduction target is wrong or beyond the scope, raise an enforcement objection in time and pay attention to the time limit; Fourth, if you are added as a defendant by mistake, you can apply for execution reversal after the addition is revoked; Fifth, negotiate with the applicant for enforcement to reach a settlement on installment enforcement to fundamentally alleviate the pressure of deduction. For the distinction between wages, bonuses, provident funds, and pensions, you can combine them with each other.Specialised legal servicesA detailed assessment.

5. Henglu Law Firm's Reminder

There are boundaries to enforcement and bottom lines to garnishment: ensuring the basic survival of the debtor and their dependents is a principle that must be upheld in the enforcement process. However, we must also face reality - the debt must ultimately be repaid. Rather than passively evading enforcement, it is better to proactively propose a feasible installment plan to gain the understanding of the applicant for enforcement. Three points should also be noted: when the unit assists in garnishment, it must not arbitrarily expand the scope; when multiple creditors are waiting in line for garnishment, attention should be paid to the legality of the distribution plan; and if the debtor is mistakenly added as the subject of enforcement, it is necessary to claim the reversal of enforcement in a timely manner after the revocation of the addition ruling takes effect, including the principal and interest. The debtor's objections to enforcement actions, appeals, and reversals are all remedies explicitly granted by law.Beijing Henglue Law FirmTip: First, clarify whether the issue is about "how much to deduct" or "whether to deduct it from you". The strategies to deal with the two issues are completely different.

VI. Frequently Asked Questions

Q1: Is there a high chance of success if I apply to have my salary deducted less?

The success rate is higher when the application is based on the actual burden of supporting a family and necessary expenses. Generally, the court will maintain basic living expenses. However, for those who simply claim financial difficulties, the court's support will be limited.

Q2: What evidence do I need to prepare?

Payroll records, proof of income from the employer, materials on family members and support relationships, receipts for medical and education expenses, housing expenditure certificates, and explanations of other debts.

Q3: Does it cost money to file an objection to enforcement?

There is no application fee for the execution objection and review procedures themselves; if a lawyer is appointed to act as an agent, the fees shall be subject to the provisions of the entrustment contract, and the fees involved in the execution reversal shall be evaluated separately.

Q4: How long does the objection process take?

The court shall generally review and make a ruling within 15 days from the date of receiving the objection to enforcement; if the party is not satisfied with the ruling and applies for a review, the higher court shall usually make a ruling within 30 days.

Q5: What should I do first?

First, obtain from the executing court the basis and calculation method of the deduction and seizure, confirm whether the necessary expenses have been reserved, and then decide whether to apply for an adjustment of the proportion, raise objections, or strive for an execution settlement.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces or cities may vary. For specific cases, please refer to the local rules and evidence situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Legal services for creditor-debtor disputes·Attorney Ma Qianwen·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.