Economy What conditions can your creditors use in your bank...

What conditions can your creditors use in your bank account?

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648x415 votre compte bancaire en proie aux creanciers1

Your bank account can easily be drawn on to settle your unpaid debts. – IStock / City Presse

Unfortunately, finding oneself in the red is frequent. But playing the ostrich with your creditors to save time is rarely a good idea. Because to get what they are due, they most often resort to seizing amounts in your bank accounts, even if it means aggravating your financial difficulties.

Your account in the sights

When a third party to whom you owe money obtains recognition of your debt in court, he can call on a bailiff to carry out a “seizure and allocation” on one or more of your bank accounts. You must then be informed within eight days of the service being served on your bank.

However, the public authority does not need to go through the judge to use it. When you have not paid your taxes, fines, pecuniary convictions or any other bill due to a public establishment, such as that of the canteen or hospital, you may thus be the subject of an “administrative seizure to third parties”. holder ”(SATD). This unique procedure replaced in 2019 the different types of seizures previously applied. Once the SATD notice has been notified to your bank, the latter has thirty days to pay the required sum. The bank may also charge you a fee of 10% of the amount due, up to a limit of 100 euros.

An elusive balance

Aside from stocks, bonds and life insurance held in particular, all your bank accounts, personal, professional and savings, can be affected. As soon as the act of seizure has been notified to your bank, they are then blocked for fifteen working days, the time to calculate the available balance according to the operations in progress. During this period, you can therefore no longer perform any operation.

To avoid leaving you in the most complete destitution, the legislation however excludes tapping a bank account already in negative. On the other hand, some of the allowances (minimum social benefits, family benefits, disability-related allowances, etc.) which fund your account are said to be “elusive” and therefore cannot be withdrawn to repay your debts.

In total, your bank is obliged to leave at your disposal an “elusive bank balance” set at 564.78 euros in 2020, whether the account affected by the seizure is personal or professional. This sum is supposed to allow you to meet your immediate food expenses.

Your rights of recourse

If the best idea is to respond as soon as you receive a letter of recovery, in order to negotiate a debt repayment, you can also dispute the drain on your bank accounts. During a seizure-attribution, you must act in the month following the notification by seizing the execution judge and at the same time notifying the judicial officer and your bank, which will have the effect of suspending the procedure. . The advantage: even if the magistrate accepts your appeal only in part, it will be he who will set the amount to be seized.

The action period is two months to contest an administrative seizure by a third party holder with the administration concerned. If you do not receive a response within two months or if it does not satisfy you, you will have another two months to seize the competent court, namely either the execution judge if your action relates to the irregularity of the prosecution, or the administrative or judicial judge in other cases.

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