The concept of "arrest of the current account" already speaks for itself. This is a kind of security measure and at the same time a guarantee that the debtor will fulfill his obligations to return the funds. Moreover, it is important to understand the fact that the arrest itself will not be imposed on the defaulter's account, but specifically on the finances that are on it to the extent that is needed to pay off the debt.
Why is my checking account frozen?
Very often, the pretext for freezing a current account is a suspended debt to a creditor. After drawing up the writ of execution, the decision is received by the borrower and, accordingly, the exactor himself. Moreover, applying this coercive method, in addition to the desires of the recoverer, the rights, laws and interests of the debtor must be taken into account. After the expiration of five days, if voluntary execution is not observed, then measures are taken, such as forwarding collections, to all banks in which the person is served.
Important! A lot depends on what kind of person the debtor is. The decision of the court depends on whether he is an individual or a legal entity and whether it will be positive on the petition. In the case of a debt, a legal entity will be much more likely to make such a withdrawal, but otherwise, if we talk about a physical entity, it will be extremely difficult to convince a judge to apply such measures.
There is a set of features such as:
- Imposition of arrest by order of the authorities in relation to a specific person
- It is impossible to make an arrest without legal grounds, for example, it is necessary to have an appropriate decision of the court or bailiff
- A certain amount of funds is confiscated, but not all the money owned by the payer.
- The lawful decision of the court must be carried out clearly and quickly.
- The bank or any organization bears administrative responsibility for evading the requirements specified in the terms of the document.
The seizure of the debtor's accounts by bailiffs has a certain sequence:
- First of all, the reliability of the fact that the account can be seized is established.
- Further, it is clarified that these measures are taken in order to close the debt.
- The amount on the account is checked, if it is insufficient to cover the debt, then the bailiff turns to other bank accounts.
The procedure for seizing a bank account by bailiffs
- The bailiff, who already has some information about the defaulter's money, sends his decision to a certain credit institution. After that, he immediately proceeds to fulfill these requirements. The law states that in such a situation, all actions with money, including expenses, are suspended, and, in case of non-compliance with the rules - concealment, illegal transfers, embezzlement - the subject who performed these operations will be responsible before the law.
- If we are talking about the lack of knowledge of the details, then the bank will be sent an application to search for the debtor's data and arrest finance in the amount of the required debt, taking into account penalties, fines imposed during the execution of acts and some enforcement fees.
- Provided that the arrested account had an amount exceeding the amount of the debt, the bailiff immediately takes all necessary measures to remove the arrest from those funds that were frozen in excess. During practice and experience, arbitration courts in similar circumstances recognize decisions on the arrest of an amount much larger than the recovery as illegal.
- These rules apply in the same form and format to the funds of a market participant's Special Securities Account. That is, according to the current laws, the bailiff does not have the authority to seize the capital that is in the deposit accounts of the bailiff services.
Sample order for attachment of an account
The resolution is a mandatory document for starting office work, if there is no such paper, then all restrictions will automatically be considered illegal.
For the correct writing of this kind of statements, you can always find a sample on the Internet.
Resolution example
The arrest of a salary card by bailiffs
Such an arrest in our time is no longer a surprise, because this is the easiest way to write off money to pay off debt. They can even arrest a salary card for non-payment of utility bills or due to a delayed repayment of a loan, and so on. It often happens that the owner himself does not know that funds have already been debited from him, but he can only guess about what happened when he sees that his card is blocked. In this case, the bailiff does not commit any violations, because they do not have data on how much this or that debtor receives.
To solve such a problem, of course, you need to go to your bank and find out why the card was blocked. If the reason is the arrest, then the direct path to the bailiff, where it will be possible to see more information about this, study the proceedings in full and make sure that all the certificates are reliable and legal. In the future, you will only be required to apply and extract from the accounting department on income for the last time, after this procedure, the arrest will be lifted and you can safely use the card further.
Note! It is possible to view information about why the arrest occurred on the special websites of the banks that own the card. By going to the operations section, you can see how much money was withdrawn and see the “arrest” mark on the indication of the reason. In this case, the account should no longer be available, but specifically for the receipt of money, it will be opened. If the amount was not fully repaid in one payment, and various amounts are periodically received on the card, they will be automatically debited until the debt is reset to zero.
Arrest of a bank account by bailiffs without notice
Bailiffs to arrest the debtor's account and write off funds from any account, even without the permission and warning of the owner, have every right. The decision will serve as the basis for such an operation. If there is a writ of execution, it means that the payer knew about it for sure. Court bailiffs carry a heavy burden in their work, do a large number of cases, so they do not have time to notify each non-payer, because it is easier to immediately send sheets for transferring the required amounts to banks.
Note! All accounts of the borrower, except for the credit one, are subject to conclusion, because, in fact, these funds belong to the bank.
Arrest of a pension account in a bank by bailiffs
At this stage of the arrest, there are some rules, one of which is that the amount of funds under arrest cannot exceed fifty percent. There are, of course, situations in which 70% is withheld, but this already applies to alimony or recovery for damages. Also, pension accounts are not subject to arrest, for example, those opened for a minor person due to the loss of a breadwinner.
If other questions or disputes arise, it would be best and more correct to contact a lawyer who will guide you in this matter and help you get out of the situation by defending the rights of the client.
How to remove an arrest from a bank account
If someone got into a situation in which a bank account was frozen, be prepared for the fact that it will not be so easy and quick to unblock the account. Indeed, when contacting the bank, the answer and solution to the problem will definitely not be received, because it only performs the tasks assigned. To resolve such a monetary conflict, you need to immediately go to court or other authorities interested in this. But if the accounts were legally frozen, then you should think about how to remove the arrest.
Tip! At the beginning of the procedure, of course, you need to pay off your debt, this should be the first step for a person whose interests are to get rid of the arrest as soon as possible.
The terms for removing the arrest can be delayed for various reasons, because they depend not only on the bailiffs, but also on the payers themselves. It is important to come on the reception day and resolve issues on the spot, possibly on the same day, but if during the visit there was no reception time, then all applications are recorded in a planned manner, and responses to such requests are carried out according to the terms of service - up to 30 days.
Arrest of funds
Types of income that cannot be seized (if they are transferred to a bank account)
After the bailiff receives all the information about the debtor's accounts and details, he begins to decide on the seizure, but, fortunately, there is a certain list of payments for which the law is prohibited from collecting:
- compensation and similar payments
- amounts that are paid to compensate for health or for the loss of a breadwinner
- action payments, amounts for disability
- maternity benefits
- lump sum financial aid
- humanitarian aid
- in connection with natural disasters and other emergencies
- insurance payments
Important! It is possible to make an arrest for such payments as wages or pensions, but there are some restrictions. For example, 50% repayment will be required from such funds.
What to do if bailiffs - executors wrote off money without notification
You should not sow panic and immediately call to swear with bank employees until such a case is resolved. If a person wants to peacefully and quickly solve such a problem, it is worth contacting the branch where the account is opened and discussing this issue there. If the write-off really happened without notification of this, then you will be asked to file a complaint with the bailiff. It is there that you will have to sweat to prove your case, because bailiffs do not monitor the state of people's finances, but only do their job.
Note! The return will not be made immediately, but after some time, because banking enterprises and organizations will already be involved in this.
When applying to the court, a statement of claim is drawn up, it is written in an arbitrary form, be sure to indicate all the necessary information (to fully express the desired complaints and requests). Such an application does not require payment of a state fee, as it is considered by a local court, usually within ten days.
Right to withdraw money
Is the bailiff required to notify the withdrawal of funds from the card?
This process is governed by the law, therefore, it is obvious that no one has the right to arrest or withdraw other people's money just like that. In such a situation, there must be an execution sheet, which will clearly state what payment needs to be made and possible terms. For disclosure of this topic and obtaining more detailed information, we recommend that you contact a lawyer.
In conclusion of this article, only one piece of advice can be given - you should not get into such situations, you need to pay and not accumulate debts, thereby saving your nerves and money.