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bank account seizure
Verified 01 avril 2022 - Legal and Administrative Information Directorate (Prime Minister)
If you owe money, you are debtor. An usher can make a seizure on your bank account (or several of your accounts) to repay part or all of your creditor. This entry is called assignment.
You owe
The assignment only concerns debts of sums of money recognised by a court decision.
Your creditor must load judicial officer to write seizure on your bank account (or more than one account, if necessary).
Then, the bailiff means, i.e. deliver, seizure at your bank.
Your creditor must load judicial officer to write seizure on your bank account (or more than one account, if necessary).
Then, the bailiff means this seizure at your bank.
The bailiff must inform you, by act of bailiff, the service of the entry in your bank 8 days.
FYI : if the bank account entered is a joint account, the usher must inform each account holder.
The act of bailiff that informs you must include the following elements (otherwise, it is not valid):
- Copy of the record of seizure and reproduction of the information communicated by the seized bank (when the document of seizure is served by mail)
- In very apparent characters, the indication that you can challenge the assignment within one month of being served on your bank, the date on which this period expires, the indication that you must inform the bailiff of your challenge by sending a registered letter with acknowledgement of receipt on the same day
- The court before which you can challenge the seizure
- Amount that must be left on your bank account and the bank account that this amount is present on
FYI : the document must indicate that you can give the authorisation (in writing and through the usher) to your creditor to be remitted without delay by the bank the amount you owe (debt and bailiff's fees).
During 15 business days following meaning your bank account is blocked from entering the bank.
This time limit is used to determine the amounts that can be entered into your account.
FYI : during these 15 business days, your account balance may vary if transactions made prior to the service of the entry to your bank occur after a period of time (for example: check delivered to your bank).
During these 15 business days, you cannot do transactions on your account (for example, you cannot withdraw money).
However, you can contact the judicial officer to agree on the conditions of the release of the entry. For example, you may agree to release the account before the end of the 15-working-day period in exchange for a payment schedule for the amount owing.
How is it calculated?
You cannot enter all amounts into your bank account, even if what you owe (your debt and fees) exceeds the amount in your bank account.
It is mandatory to leave you at least€575.52 : it is Bank balance (SBI).
It is forbidden to take you amounts that are elusive, given their origin (e.g. minimum social). To do this, you must provide the bank with supporting the origin of these sums within business days following meaning of the seizure at the bank.
Therefore, the amount entered depends on the amount of your account and the source of the sums:
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Bank account less than or equal to 575,52 €
Example :
If your bank account has €200 before the seizure, the bank leaves these €200 on the account. No money is taken from the account.
Bank account greater than €575.52
Bank account with elusive sums
Elusive sums less than €575.52
Example :
If the day of entry:
- Bank account has €700of €100 elusive sums
- The foreclosure to be done is €400
The SBI is then €575.52.
Then, after entering:
- The SBI amount is left on the account, either €575.52 (because it is greater than the amount of non-recoverable amounts)
- The seizure made is €700-€575.52= €124.48
Elusive sums greater than €575.52
Example :
If the day of entry:
- Bank account has €700of €600 elusive sums
- The foreclosure to be done is €400
Then, after the seizure:
- The amount of the non-recoverable amount (as it is higher than the SBI) is left on the account, either €600
- The seizure made is €700-€600= €100
Other
Example :
If the day of entry:
- Bank account has €700. It does not include any elusive sums
- The foreclosure to be done is €400
The SBI is then €575.52.
Then, after entering:
- The SBI amount is left on the account, either €575.52
- The seizure made is €700-€575.52=€124.48
What are the elusive sums?
Some sums wholly elusive :
- Activity Award
- Representative Professional Expenses Allowances
- Capital allowances or workers' compensation
- Severance benefits resulting from the company's economic situation
- Custom Autonomy Allocation (Apa)
- Allowance for disabled adults (AAH) and increase for independent living (MVA) except for the payment of the maintenance costs of the disabled person
- Specific Solidarity Allowance (SSA)
Some sums only partly :
- Net salary
- Overtime Pay Increases
- Benefits in kind
- Daily sickness, maternity and accident at work allowances
- Supplementary allowances for reduced working hours (part-time, temporary part-time)
- Unemployment benefits (allowances, aid and any other benefits paid by Pôle emploi)
- Voluntary retirement allowance
- Return to Work Allowance
- Disability pensions and annuities
- Superannuation and pension reversion
- Solidarity allowance for the elderly (Aspa)
FYI : family benefits may be seized only in certain cases and only for the payment of certain claims.
Terms
You can challenge the entry 1 month after the usher has informed you, by act of bailiff, meaning of the seizure at your bank.
To do this, you must:
- Use by subpoena the execution judge (JEX) of the place where you live
- Inform the judicial officer of your challenge, by registered letter with acknowledgement of receipt, on the same day or 1to next business day
- Notify the bank of your protest by simple letter
- Provide a copy of this assignment to the JEX Registry by the day of the hearing
Consequences
Payment of the creditor shall be deferred until the enforcement judge (JEX) makes his decision (prescription).
To get the payment, the judicial officer must present the bank order dismissing rendered by the judge against your challenge.
The bank pays the creditor.
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The protest deadline has passed
You can challenge the entry 1 month after the usher has informed you, by act of bailiff, meaning of the seizure at your bank.
After this period, in order to obtain payment of what you owe, the judicial officer must present to the bank a certificate stating that you do not contest the seizure.
The bank pays the creditor.
You accept the input
You may (in writing) authorise your creditor to be remitted without delay by the bank the amount you owe (debt and bailiff's fees).
You have to give this document to the bailiff for him to means at the bank.
The bank then pays the creditor.
You are creditor
The assignment applies only to claims on money.
You must have a enforceable title, noting a debt assessed in cash and due (the date for its repayment has expired).
You must contact a judicial officer, who will establish a seizure and mean to the bank of debtor. And within 8 days, he informs the debtor of the service of the seizure to his bank.
It is forbidden to enter all amounts in the bank account, even if the amount debt and fees exceeds the amount in the bank account.
Indeed, minimum€575.52, is Bank balance (SBI).
It is forbidden to take certain sums that are not eligible, given their origin (for example: minimum social).
Therefore, the amount entered depends on the amount on the account and the source of the sums:
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Bank account less than or equal to 565,34 €
Example :
If your bank account has €200 before the seizure, the bank leaves these €200 on the account. No money is taken from the account.
Bank account greater than €565.34
Bank account with elusive sums
Elusive sums less than €565.34
Example :
If the day of entry:
- Bank account has €700of €100 elusive sums
- The foreclosure to be done is €400
The SBI is then €575.52.
Then, after entering:
- The SBI amount is left on the account, either €575.52 (because it is greater than the amount of non-recoverable amounts)
- The seizure made is €700-€575.52= €124.48
Elusive sums greater than €565.34
Example :
If the day of entry:
- Bank account has €700of €600 elusive sums
- The foreclosure to be done is €400
Then, after the seizure:
- The amount of the non-recoverable amount (as it is higher than the SBI) is left on the account, either €600
- The seizure made is €700-€600= €100
Other
Example :
If the day of entry:
- Bank account has €700. It does not include any elusive sums
- The foreclosure to be done is €400
The SBI is then €575.52.
Then, after entering:
- The SBI amount is left on the account, either €575.52
- The seizure made is €700-€575.52=€124.48
What are the elusive sums?
Some sums are completely elusive:
- Activity Award
- Representative Professional Expenses Allowances
- Capital allowances or workers' compensation
- Severance benefits resulting from the company's economic situation
- Custom Autonomy Allocation (Apa)
- Allowance for disabled adults (AAH) and increase for independent living (MVA) except for the payment of the maintenance costs of the disabled person
- Specific Solidarity Allowance (SSA)
Some amounts are not accessible in part only:
- Net salary
- Overtime Pay Increases
- Benefits in kind
- Daily sickness, maternity and accident at work allowances
- Supplementary allowances for reduced working hours (part-time, temporary part-time)
- Unemployment benefits (allowances, aid and any other benefits paid by Pôle emploi)
- Voluntary retirement allowance
- Return to Work Allowance
- Disability pensions and annuities
- Superannuation and pension reversion
- Solidarity allowance for the elderly (Aspa)
FYI : family benefits may be seized only in certain cases and only for the payment of certain claims.
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Debtor challenges seizure
If debtor disputes the entry within one month of the act of seizure, payment shall be deferred until the execution judge (JEX) has given his decision (order).
To get the payment, the judicial officer must present the bank order dismissing by the judge against the challenge of debtor.
The bank then pays you.
The debtor passes the deadline by one month
If debtor does not contest the seizure within one month of the date of the document of seizure, the bailiff must present to the bank a certificate attesting the absence of protest.
The bank then pays you.
The debtor accepts the seizure
The debtor may accept the seizure (in writing) after being informed of the act of seizure.
The bailiff must mean this document at the bank.
The bank then pays you.