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Bank account seizure
Verified 01 April 2024 - Directorate for Legal and Administrative Information (Prime Minister)
A person obligated to another person to perform an obligation (which may be payment of a sum of money)
Person to whom money or the provision of a benefit is owed
An act by which a party informs its opponent of a legal act or decision through a commissioner of justice (formerly bailiff and judicial auctioneer)
Document prepared by a Commissioner of Justice (former bailiff and judicial auctioneer). The act of Commissioner of Justice (formerly act of bailiff) may be used in particular to establish a fact, to carry out a procedural formality or to initiate an enforcement procedure (seizure, expulsion, etc.). Examples of acts of Commissioner of Justice: finding, notification ...
An act of the Commissioner of Justice (formerly an act of a bailiff) informing a person that a trial is being initiated against him or her and summoning him or her before a court
Corresponds to all days of the week except the weekly day of rest (usually Sunday) and public holidays usually not worked in the company
Legal act by which an obstacle is put to an end. For example: release of foreclosures, release of mortgage.
A right for a person to demand something from another person, usually the payment of a sum of money. A term often used to refer to the amount owed.
Writing enabling the creditor to obtain the compulsory recovery of his claim
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.
What applies to you ?
You are a debtor
The attachment and assignment concerns only 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 seized bank account is a joint account, the commissioner of justice must 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 act must state 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 entered into your account.
FYI
during these 15 working days, the balance of your account may vary if transactions made before the seizure was served on your bank are completed after a period of time (e.g. check delivered to your bank).
During these 15 working days, you cannot make transactions on your account (for example, you cannot withdraw money).
However, you may contact the Commissioner of Justice to agree on the terms of the release of seizure. For example, you can agree to release the account before the end of the 15-business-day period in exchange for setting up a payment schedule for the amount due.
How is it calculated?
It is forbidden to enter all amounts in your bank account, even if what you owe (your debt and expenses of the commissioner of justice) exceed the amount on your bank account.
It is mandatory to leave yourself at a minimum €635.70 : 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 entered depends on the amount of your account and the source of the amounts:
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Bank account up to €607.75
Example :
If your bank account has €200 before the seizure, then the bank leaves these €200 on the account. No money is charged to the account.
Bank account over €607.75
Bank account with elusive sums
Elusive amounts less than €607.75
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 €635.70
Then, after the seizure:
- It is left on the account the amount of the SBI, either €635.70 (as this amount is greater than the amount of uncollectible amounts)
- The seizure made is €1,000 - €635.70 = €364.29
Elusive amounts over €607.75
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 €635.70
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 €635.70
Then, after the seizure:
- It is left on the account the amount of the SBI, either €635.70
- The seizure made is €1,000 - €635.70 = €364.29
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.
Conditions
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
Consequences
The payment of the creditor is deferred until the enforcement judge (JEX) renders his decision (ordinance).
In order to obtain payment, the Commissioner of Justice must present to the bank the dismissal order made by the judge against your challenge.
The bank then pays the creditor.
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The challenge period has passed
Reminder
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.
After the one-month challenge period, the Commissioner of Justice must present to the bank, in order to obtain payment of your debt, a certificate attesting that you do not contest the seizure.
The bank then pays the creditor.
You agree to input
You may (in writing) authorize your creditor to be remitted without delay by the bank the amount you owe (debt and expenses of the Commissioner of Justice).
You have to give that document to the commissioner of justice for him to see means at the bank.
The bank then pays the creditor.
You're a creditor
The attachment and assignment 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.
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 exceed the amount on the bank account.
Indeed, it is mandatory to leave at least €635.70No, 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).
As a result, the amount seized depends on the amount on the account and the origin of the sums:
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Bank account up to €607.75
Example :
If your bank account has €200 before the seizure, then the bank leaves these €200 on the account. No money is charged to the account.
Bank account over €607.75
Bank account with elusive sums
Elusive amounts less than €607.75
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 €635.70
Then, after the seizure:
- It is left on the account the amount of the SBI, either €635.70 (as this amount is greater than the amount of uncollectible amounts)
- The seizure made is €1,000 - €635.70 = €364.29
Elusive amounts over €607.75
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 €635.70
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 €635.70
Then, after the seizure:
- It is left on the account the amount of the SBI, either €635.70
- The seizure made is €1,000 - €635.70 = €364.29
What are the elusive sums?
Some of the sums are completely uncollectible:
- 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 of the sums are only partially forfeit:
- 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
The debtor may accept seizure (in writing) after being informed of the act of seizure.
The Commissioner of Justice shall signify this document to the bank.
The bank then pays you.
Attachment and Attribution (Principles)
Attachment procedure
Payment of the amount seized
Amount of money entered into the bank account
Payment of the amount seized
FAQ
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