Taking a bank account by a bailiff is not a pleasant thing, but if you are a debtor you have to count on it. Contrary to some opinions, the bailiff does not appear immediately at home, taking everything that is at hand. Bailiffs’ executions usually start with the attachment of a bank account, because it is affected by all income.
Attach a bank account
When the debt develops, through the non-payment of liabilities incurred, for example loan installments, the creditor has the right to initiate enforcement proceedings. One of the first actions of the debt collector, apart from informing the debtor that the enforcement proceedings are being carried out against him, is the seizure of a bank account. Currently, its possession is practically common and all financial means affect it. This means that it is easiest to collect debt. Therefore, the bailiff takes a bank account to obtain the repayment of the debt to the creditor as soon as possible. In addition to blocking an account, he has the right to seize and sell the debtor’s movable and immovable property, payout, pensions, and other payments, seizure of debts and other property rights of the debtor.
Among all this, taking a bank account and thus blocking it is the most common method. Of course, this has legal grounds in the Act of November 17, 1964, the Code of Civil Procedure (Department of Bank Accounts Execution). The account blocking and other actions taken by the bailiff may start as soon as he receives the creditor’s application against the debtor and the enforceable title. Under the name “enforcement title” there is a judicial decision with an enforcement clause.
How does a bailiff collect information about a bank account?
Debtors are sometimes surprised that the bailiff has entered the bailiff’s execution on their behalf. The main question is: how did he know which bank the account was in? The answer is simple: he does not need to know. By sending a notice of attachment the bailiff can provide a specific bank account, but this is not necessary. If he does not provide such information, then the bank will be required to block each debtor account. Of course, only up to the amount indicated as debt or bailiff, or the bank has no right to take more than it is given in the execution title. At the same time it is worth noting that the occupation is not only related to current funds. Such thinking sometimes leads to debtors’ problems. A bank account lockout also applies to future bank account receipts, up to debt repayment. Only the amount free from attachment can be left on the account if the debtor’s situation allows it, i.e. if he has a contract of employment. The bailiff can also try to determine which bank the debtor supports. He can do it if the creditor indicated the number of the indebted person’s account, if he asks a particular bank a question about it on the basis of art. 761 k.pc., if you ask the Central Bank Account Information or Krajowa Izba Rozliczeniowa.
What does the bailiff do when he knows the account?
After receiving the account information, the bailiff can start taking the account by contacting the bank. First of all, he must inform the bank that the debtor’s account is to be blocked. To this end, it sends a letter to the appropriate bank, a summons, explaining why it should be taken, what are the legal grounds for it, including executive title. The bank is obliged to execute the order by blocking available and inflowing funds.
After taking the account, the money which is above the amount free from seizure bailiff (ie PLN 1575) is transferred to the bailiff’s bank account. Then, the bailiff hands them to the creditor. It must be remembered that this applies to all financial surpluses that will be in the account until the debtor will not get rid of the debt. When the financial liability is repaid or the enforcement is discontinued, then the bank account should be unblocked.
The debtor must inform the debtor about the attachment of the bank account, not the bank. Bailiffs’ actions in the case of enforcement may be appealed to the court, which is why correct notification is so important.
Change of bank and debt
There are debtors who are trying to shirk their debt in various ways. To some of them, it seems that it is enough to change the account number and after the case. Nothing could be more wrong. If the bailiffs’ execution has already begun, then it will last until repayment or to discontinue the proceedings. If the debtor changes the bank and creates a new account, the bailiff will be informed and the money will be taken from him. Instead of trying such ineffective ways, or more precisely attempts to cheat, it is better to start paying off debts.
Debt repayment by the debtor
When, as a debtor, you think that bailiff’s proceedings are incorrect, unlawful, or blocking your account is incorrect, then you have the right to appeal to the court. Everyone has a complaint about bailiff’s actions. However, if the debt is a fact and requires repayment, then it is better not to look for ways to avoid it, but to quickly pay off. The longer the liability is delayed, the more interest and additional fees increase, including enforcement. It may not be possible to pay the full amount in the short term, so it is a good idea to contact the bailiff or the creditor and ask for the sum in installments. Are you looking for help? Check loans without indebtedness .
After full repayment of debt, it is necessary to look after – in your own interest, that the bailiff will send a letter to the bank in order to unblock the account and return it to the debtor’s current account. It is a letter discontinuing the enforcement proceedings. If such a letter will not be an account, it will be blocked all the time, because the bank itself will not take other actions or believe the word that the debt has been repaid.
Unlocking the account
The account should be unblocked at the request of the bailiff and information about the discontinuation of the proceedings. However, there are times when unblocking an account may be necessary before the debt is repaid. Most often this applies to benefits granted from social welfare or other care facilities and paid for the maintenance of children. However, it should not be considered that the bailiff will do it himself, because he does not investigate where the funds from the account come from. It needs to be documented, and then the chance of unlocking increases, although not always the conclusion is successful.