As soon as the bailiff gets the grounds to start the execution, he goes into action. The first thing it takes is a bank account. This is a logical step, because the funds accumulated on it or the funds that influence them are the basis for securing the claim. In this situation, when the account is blocked, it is worth knowing what leads to its unblocking.
The rules of attachment of a bank account
A creditor who is in default with debt repayment has the full right to demand payment by a bailiff in the context of enforcement proceedings. The bailiff, to whom the creditor approached, handing him the application and the enforceable title authorizing him to take up the property, begins his activities by informing the debtor about the initiation of the execution. After correct delivery of the notification, the first stage is the attachment of a bank account. At the moment, hardly anyone has it, which is why it is so important. At the same time, he gives hope that money for debt will be earned earlier, with fewer problems or without them. Seizing an account by blocking it by the bank is one of the ways to obtain funds for repayment of debt. Apart from this, the bailiff may take over and sell the debtor’s movable and immovable property, take out payment, pension, retirement as well as seize the property rights of the debtor and other claims.
How does it take a bank account?
To take a bank account is legal, it is not illegal, but it is supported by law. I am referring to the Act of November 17, 1964, the Code of Civil Procedure, Section III – Execution of bank accounts and the executive title provided by the creditor. The enforcement title is a court order (judgment, order, payment order) with an enforcement clause.
Information about a bank account
The attachment of a bank account is relatively simple. The debtor is often surprised by the speed and the fact that the bailiff knew to which bank to send the blocking request. However, it is true that the court bailiff does not necessarily need to know the bank in which the debtor’s account is located. If he has access to a bank account number, he can send it along with a request to block the account, but if he does not provide information, then the bank is obliged to block all the debtor’s accounts. The blockade covers only the amount indicated as indebtedness and neither the bailiff nor the bank can collect more. At the same time, it is necessary to remember that the blockade is not only due to funds already in the account, but also future influences.
The only amount that can be left on the bank account to the debtor is the amount equal to the lowest net minimum wage, in the case of persons having a contract of employment.
The court bailiff also has the ability to determine exactly which bank the debtor supports. It is possible in several ways:
- indication of the account number by the creditor;
- question to the bank on the basis of art. 761 kpc;
- question addressed to the National Clearing House or Central Bank Information.
Blocking a bank account
The bailiff taking the account when the account information is already complete bailiff can go to block it. This is done by contacting the bank. A bank office should receive a letter with a request for block and the necessary information, above all justification for such a step, the basis in the form of evidence of indebtedness and a copy of the executive title giving the right to do so. The bank is obliged to do so and must block available and inflating money. Only the sum known as the amount free from seizure bail is released from the seizure. Currently, it amounts to PLN 1575 and is the amount of the minimum remuneration for net work. Anything above this amount is transferred to the bailiff’s account and he sends it to the creditor. Any financial surplus is subject to attachment until the debt is repaid or the enforcement will not be forfeited by the order issued. Only one of the last two situations leads to the unblocking of the bank account. Once the debt has been repaid, you can expect to unlock the account. Nothing, however, will happen spontaneously and for this to happen, it is necessary to provide the bank with information about the cancellation of the execution. The bailiff is obliged to do so, but it is worth reminding himself whether he or she did it. Without a letter from the bailiff, the bank will not want or will be able to re-share the account with the owner.
New bank and indebtedness
Requests and threats are not an effective way to unlock your bank account. The repayment of debt is effective. It is best to repay them as soon as possible because any delay generates additional costs in the form of interest and enforcement fees. Depending on the amount to be paid once, it may not be possible to quickly satisfy the claim of the creditor. You should not give up or stop paying, but contact the bailiff or creditor and ask about the payment of the debt in installments. Not all companies trying to recover money agree to such a solution, but it is worth trying and perhaps make it easier to debt relief.
How can the debtor unlock?
It is worth knowing that the bank does not inform the bank about the possible attachment of the debtor’s account, but the bailiff. It is related to the possibility of lodging a complaint against bailiff’s actions to the competent district court.
There are debtors who think that debt can be avoided or you can escape the need to regulate it. At the moment when they find out about blocking the account, they set up another one in another bank. It does not make sense, because the debt will remain, the next account will be blocked and it will only generate problems for the debtor. Each bailiff will learn about each new account and if there are funds on it that he can take, he will do it. Instead of deciding to do so and attempting to cheat, pay better and thus get rid of the debt and regain access to the account