Seizure allocation and garnishee notice: Definitions

ENIN November 2017

Your bank account may be subject to seizure-award under a garnishee notice (DTA). But for you to ensure the expenses of everyday life, the law established the Banking Elusive Balance (SBI). How to react to a seizure? What is SBI and how to benefit? Here's what you need to know.

What is a seizure?

If you have not paid a debt on time, your creditor, usually from a deed or a court judgment, may obtain seizure of your assets to the bank. Most often, the creditor goes through a bailiff who address the bank an act of "attribution seizure" for profit.

Simultaneously, the bailiff informs you of the entry in up to 8 days of service to the bank.

Entering bank told the bailiff the nature of your or your accounts and their balances at the date of the seizure. The day the seizure attribution happens to your bank, all credit balances of your accounts (current accounts, savings accounts, PEL ...) are immediately blocked. The securities accounts (stocks, bonds, life insurance) and the contents of the safe, if available, are not affected by the seizure.

If your account balances are debtors, seizure can not take place. However, if one (or more) of your credit accounts, your bank conducts its (their) blocking for a period of 15 days. This delay allows it to calculate the actual available balance, including your deposit account, based on current operations carried out before the seizure, and not included in your balance upon receipt of the seizure.

What is happening in case of a joint account entry?

When entering the joint account, each co-owner is notified and the joint account is blocked completely.

The co-owner who is not concerned with the claim in respect of the seizure, has the opportunity to request the release of up seizure of funds belonging to him.

The sums involved

Some income is not grasped, it is primarily of certain allowances, the Active Solidarity Income (RSA), in kind health benefits, that is to say reimbursement of medical expenses, as opposed to daily allowances are attachable to part.

Within 15 days, provided your account always credit you must give your bank a certificate of non seizable of these benefits by the paying agency.

Other income such as salaries, fees, pensions and unemployment benefits that are attachable to the top of the amount of the Active Solidarity Income (RSA) for a single person, or 460.09 euros in 2010.

The notice to the holder or third ATD

The ATD is a neighbor procedure before allowing the Treasury to grasp immediately all or part of the sums due to it under the taxes, penalties and other costs guaranteed by the Treasury privilege.

So if you have not paid your taxes, the Treasury can issue a garnishee notice on your accounts at the bank.

The Public Treasury ATD address by registered mail to your bank at the same time that the door to your attention. When the bank receives the ATD, it indicates to the Treasury if the balance of your accounts allows full or partial payment of the DTA. Except release given by the Treasury (for example if you set your debt by other means), the seized funds are paid to the Treasury within 2 months.

How to challenge a seizure account

You have a period of one month to contest the seizure in court execution (function exercised by the President of the Tribunal de Grande Instance) from the disclosure of the seizure made to you by the usher.

For this, please contact the bailiff shall issue a summons to the creditor. To be admissible, the challenge must also be denounced the same day by registered letter with return receipt, to the bailiff who carried out the seizure. Finally, it must inform the third party bank seizure by letter. Unless the judge, the payment will be deferred until the judge makes its order.

He can dismiss you for your protest, or receive fully or partially. In this case, it may authorize the payment in the amount it determines. The bank releases the amounts listed on the order of presentation of the judge's decision rejecting the challenge.

Seizure allocation and garnishee notice: Definitions

See also


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