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Bank account seizure
Verified 01 April 2025 - Directorate for Legal and Administrative Information (Prime Minister)
If you owe money, you are debtor. A commissioner of justice (formerly a bailiff and judicial auctioneer) can seize your bank account (or several of your accounts) to refund part or all of your creditor. This entry is called attachment and assignment. We'll explain.
What applies to you ?
You are a debtor
Bank account seizure The measure only concerns debts of sums of money recognized by a court decision.
Your creditor must load a Commissioner of Justice to draw up a act of attachment on your bank account (or several accounts, if necessary).
Then the Commissioner of Justice means, that is to say, deliver, this act of attachment to your bank.
Your creditor must load a Commissioner of Justice to draw up a act of attachment on your bank account (or several accounts, if necessary).
Then the Commissioner of Justice means this act of attachment to your bank.
The Commissioner of Justice must inform you, by act of the commissioner of justice, the meaning of the seizure to your bank in a 8-day period.
FYI
If the bank account entered is a joint account, the Commissioner of Justice shall inform each account holder.
The act of the Commissioner of Justice who informs you must include the following elements (otherwise, it is not valid):
- Copy of the minutes of seizure and reproduction of the information communicated by the seized bank (where the act of seizure is served by email)
- In very visible characters, the indication that you can challenge the entry by subpoena within one month of service on your bank, an indication of the date on which this period expires, an indication that you must inform the commissioner of justice of your objection by sending the same day a registered letter with acknowledgement of receipt
- Court where you can challenge the seizure
- The amount that must be left on your bank account and the bank account where this amount is present
FYI
The document must indicate that you can give the authorization (in writing and through the Commissioner of Justice) to your creditor to be remitted without delay by the bank the amount you owe (debt and expenses of the Commissioner of Justice).
During the 15 working days that follow the significance from the seizure to the bank, your bank account is blocked.
This period is used to determine the amounts that can be seized on your account.
FYI
During these 15 working daysHowever, your account balance may vary if transactions made before the attachment was served on your bank occur after a period of time (for example: check delivered to your bank).
During these 15 working days, you can't make transactions on your account (for example, you can't withdraw money).
However, you may contact the Commissioner of Justice to agree on the terms of the release of seizure. For example, you can decide together to unlock the account before the end of the 15 working day period, in exchange for setting up a payment schedule for the amount due.
How is the input amount calculated?
It is forbidden to seize all amounts present on your bank account, even if the amount you owe (your debt and expenses of the commissioner of justice) is greater than the amount of money in your account. It is mandatory to leave yourself at a minimum €646.52 No, it's the elusive bank balance (SBI).
It is forbidden to take amounts that are uncollectible, taking into account their origin (e.g. social minima). To do this, you must provide the bank with supporting documents of the origin of these sums within the 15 working days that follow the significance from seizure to bank.
As a result, the amount of the seizure depends on the amounts present in your bank account:
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Bank account with less than 646,52 €
If on the day of the seizure, there is less than €646.52 or just about €646.52 on the bank account, then the account is left as is.
Example :
If there is €200 on the bank account before the seizure, then the bank leaves these €200 on the account. No money is charged to the account.
Bank account with more than 646,52 €
Bank account with elusive sums
Elusive amounts less than €646.52
Example :
If the day of entry:
- Bank account has €1,000, of which €200 of elusive sums
- The entry to be made is €500
- The SBI is €646.52
Then, after the seizure:
- It is left on the account the amount of the SBI, either €646.52 (as this amount is greater than the amount of uncollectible amounts)
- The seizure made is €1,000 - €646.52 = €353.48
Elusive sums over €646.52
Example :
If the day of entry:
- Bank account has €1,000, of which €700 of elusive sums
- The entry to be made is €500
- The SBI is €646.52
Then, after the seizure:
- The amount of the unseizable amounts is left in the account, i.e. €700 (as this amount is higher than the SBI)
- The seizure made is €1,000 - €700 = €300
Other case
Example :
If the day of entry:
- Bank account has €1,000. There is no elusive sum involved
- The entry to be made is €500
- The SBI is €646.52
Then, after the seizure:
- It is left on the account the amount of the SBI, either €646.52
- The seizure made is €1,000 - €646.52 = €353.48
What are the elusive sums?
Some sums are totally unseizable :
- Disabled adult allowance (AAH) and independent living allowance (MVA) except for the payment of maintenance costs for the disabled person
- Custom Battery Allowance (Apa)
- Specific Solidarity Allowance (SSA)
- Capital allowances or annuities for accidents at work
- Severance pay as a result of the company's economic situation
- Allowances representative of professional expenses
- Activity bonus
- Active Solidarity Income (RSA)
Some sums are only partly elusive :
- Net salary
- Pay increases for overtime
- Benefits in kind
- Accident at work Sickness, maternity and child benefit
- Supplementary allowances in the event of reduced working hours (partial unemployment, temporary half-time transfer)
- Unemployment benefits (allowances, aids and any other benefits paid by France Travail (formerly Pôle emploi))
- Voluntary retirement allowance
- Return to Employment Benefit (RWA)
- Disability pensions and annuities
- Retirement and survivors' pensions
- Solidarity allowance for the elderly (Aspa)
FYI
family benefits can be claimed only in certain cases and for the payment of certain claims only.
You can dispute the entry 1 month after the Commissioner of Justice has informed you, by act of the commissioner of justice, of the significance from seizure to your bank.
To do this, you must:
- Use, by summons, the enforcement judge (JEX) where you live
- Inform the Commissioner of Justice of your objection, by registered letter with acknowledgement of receipt, on the same day or on the 1er working day next
- Inform the bank of your dispute, by simple letter
- Provide a copy of this summons to the JEX Registry, no later than the day of the hearing
FYI
In view of your challenge, the seizure is suspended until the enforcement judge (JEX) renders his decision (ordinance). If the judge makes a dismissal order against your challenge, the commissioner of justice will have to present that order to the bank. It is on this condition that the bank will debit your bank account for the amount of the seizure.
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In the event of a challenge to the seizure
Reminder
You have 1 month to challenge the seizure, after the Commissioner of Justice has informed you, by act of the commissioner of justice, of the significance from seizure to your bank.
In view of your challenge within one month, the seizure shall be suspended until the enforcement judge (JEX) has given his decision (ordinance).
If the judge makes a dismissal order against your challenge, the commissioner of justice will have to present that order to the bank. It is on this condition that the bank will debit your bank account for the amount of the seizure, and your creditor will be paid.
FYI
If you have made the challenge after the one-month period, your challenge is not taken into account. The Commissioner of Justice must then present the bank with a certificate stating that you do not contest the seizure. It is on this condition that the bank will debit your bank account for the amount of the seizure, and your creditor will be paid.
Without disputing the seizure
During the one-month period, you have several possibilities:
- Allow immediate payment of the due amount. You can authorize your creditor to be remitted immediately the amount due (debt and expenses of the Commissioner of Justice). To do that, you have to write a copy of the written document, which the Commissioner of Justice signify at the bank. The bank will then debit your bank account for the amount due, and your creditor will be paid.
- Make payment possible before the end of the one month period. You may declare in writing that you will not contest the seizure. The Commissioner of Justice signifythis document to the bank. The bank will then debit your bank account for the amount due (debt and fees of the Commissioner of Justice), and your creditor will be paid.
- Negotiate the release of seizure. You can contact the Commissioner of Justice to agree on the terms of the release of seizure. For example, you can decide together to unlock the account before the end of the 15 working day period, in exchange for setting up a payment schedule for the amount due.
No action from you within one month, the Commissioner of Justice must submit to the bank a certificate attesting to the absence of a challenge. The bank will then debit your bank account for the amount due (debt and fees of the Commissioner of Justice), and your creditor will be paid.
You're a creditor
Bank account seizure The method applies only to debts on sums of money.
You must have a enforceable title, establishing a claim valued in money and due (the scheduled date for its reimbursement has passed).
You must speak to a Commissioner of Justice, which shall be responsible for establishing act of attachment and signify to the bank of debtor. And within 8 days, he informs the debtor of the service of the seizure on his bank.
How is the input amount calculated?
It is forbidden to seize all amounts present in the bank account, even if the amount of the claim and expenses of the commissioner of justice exceeds the amount in the bank account. It is mandatory to leave it at a minimum €646.52No, it's the elusive bank balance (SBI).
It is forbidden to take certain amounts that are exempt from seizure, given their origin (e.g. social minima).
Consequently, the amount of the seizure depends on the amounts present in the bank account:
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Bank account with less than 646,52 €
If on the day of the seizure, there is less than €646.52 or just about €646.52 on the bank account, then the account is left as is.
Example :
If there is €200 on the bank account before the seizure, then the bank leaves these €200 on the account. No money is charged to the account.
Bank account with more than 646,52 €
Bank account with elusive sums
Elusive amounts less than €646.52
Example :
If the day of entry:
- Bank account has €1,000, of which €200 of elusive sums
- The entry to be made is €500
- The SBI is €646.52
Then, after the seizure:
- It is left on the account the amount of the SBI, either €646.52 (as this amount is greater than the amount of uncollectible amounts)
- The seizure made is €1,000 - €646.52 = €353.48
Elusive sums over €646.52
Example :
If the day of entry:
- Bank account has €1,000, of which €700 of elusive sums
- The entry to be made is €500
- The SBI is €646.52
Then, after the seizure:
- The amount of the unseizable amounts is left in the account, i.e. €700 (as this amount is higher than the SBI)
- The seizure made is €1,000 - €700 = €300
Other case
Example :
If the day of entry:
- Bank account has €1,000. There is no elusive sum involved
- The entry to be made is €500
- The SBI is €646.52
Then, after the seizure:
- It is left on the account the amount of the SBI, either €646.52
- The seizure made is €1,000 - €646.52 = €353.48
What are the elusive sums?
Some sums are totally unseizable :
- Disabled adult allowance (AAH) and independent living allowance (MVA) except for the payment of maintenance costs for the disabled person
- Custom Battery Allowance (Apa)
- Specific Solidarity Allowance (SSA)
- Capital allowances or annuities for accidents at work
- Severance pay as a result of the company's economic situation
- Allowances representative of professional expenses
- Activity bonus
- Active Solidarity Income (RSA)
Some sums are only partly elusive :
- Net salary
- Pay increases for overtime
- Benefits in kind
- Accident at work Sickness, maternity and child benefit
- Supplementary allowances in the event of reduced working hours (partial unemployment, temporary half-time transfer)
- Unemployment benefits (allowances, aids and any other benefits paid by France Travail (formerly Pôle emploi))
- Voluntary retirement allowance
- Return to Employment Benefit (RWA)
- Disability pensions and annuities
- Retirement and survivors' pensions
- Solidarity allowance for the elderly (Aspa)
FYI
family benefits can be claimed only in certain cases and for the payment of certain claims only.
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The debtor contests the attachment
If the debtor contests the entry within one month of the date of the act of attachment, the payment is deferred until the enforcement judge (JEX) renders his decision (his order).
In order to obtain payment, the Commissioner of Justice must present to the bank the dismissal order made by the judge against the challenge of the debtor.
The bank then pays you.
The debtor shall allow the period of one month to pass
If the debtor does not contest the seizure within one month of the date of the act of seizure, the Commissioner of Justice must present to the bank a certificate attesting the absence of challenge. The bank then pays you.
The debtor accepts seizure
Several situations are possible:
- The debtor authorizes you in writing to have the amount due returned to you (debt and expenses of the Commissioner of Justice). The Commissioner of Justice shall signify this document to the bank. The bank then pays you.
- The debtor shall declare in writing that he will not contest the attachment before the end of the one-month period. The Commissioner of Justice shall signifythis document to the bank. The bank then pays you.
- The debtor shall negotiate the release seizure within the period of one month. The debtor may contact the Commissioner of Justice to agree together on the terms of the release of seizure. For example, you can decide together a payment schedule for the amount due (debt and Commissioner of Justice fees).
Bank account seizure (principles)
Attachment procedure
Payment of the amount seized
Joint account: R211-22
Amount of money entered into the bank account
Payment of the amount seized
FAQ
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