Did you know that if you have any debt, the courts can seize the amount owed from your bank account? These situations can happen, but you have the right to defend yourself.

Therefore, in this article you will learn more about the seizure of bank accounts, and how you can resolve this issue. 

What is the seizure of bank accounts?

The seizure of bank accounts is a mechanism within the scope of executive actions. This action allows the creditor to obtain a payment that is due to them by seizing the balance in the debtor's bank account. 

What are the types of bank account seizures?

Civil enforcement and tax enforcement are the two types of bank seizure, differing in terms of the entities involved. In civil enforcement, the enforcement agent requests from the Bank of Portugal which banks the debtor holds accounts in.

In the case of tax enforcement, it is the enforcement agent who directly contacts the bank where the debtor has bank deposits. 

What is the legislation regarding seizures in Portugal?

A Ordinance No. 282/2012, of August 29 It establishes a series of rules regarding bank seizures. 

For example, this article stipulates that the enforcement agent is responsible for the process, or that the information to be passed between the parties is done electronically. 

How does the seizure process work?

Initially, the debtor's bank is asked to block their account. Then, the bank has a total of 24 hours to report the incident.

Next, the bank must notify the enforcement agent of the following information:

• The amount of money seized;
• The balance remaining after the seizure;
• The absence of bank accounts or a balance in them.  

Five days after this procedure, the bank must be informed by the enforcement agent of the amount to be seized. After the deadline for objecting to the seizure has passed, the enforcement agent requests that the bank transfer the seized assets so that the debt can be settled. 

Under what situations can a bank account be seized?

A bank account seizure occurs when someone has debts, and garnishment is a way to settle that debt. 

How to Check and Confirm a Bank Account Seizure?

Can you confirm your executive processes? online. To view your bank balance, you can also do so by contacting your bank. 

How long does the seizure process take?

The time it takes for a bank seizure process to occur depends on several factors, such as the amount involved and the speed of the justice system. However, the process is usually resolved in a few months. 

Is it possible to contest a seizure?

Any person or company can contest the seizure. After being notified of the seizure, the debtor has 10 days to file an objection.

This situation is valid if the debtor has valid arguments, such as:

• The seizure is levied on one spouse and affects the other;
• The person is left with an amount less than the national minimum wage in their account, thus constituting an excessive garnishment. 

Who can garnish a bank account?

An enforcement agent is the appropriate person to proceed with the seizure of a bank account. 

Together with the bank, the enforcement agent must take the following points into consideration:

• Give preference to accounts where the debtor is the sole account holder;
• In situations where a bank account has multiple account holders, give preference to the debtor's share;
• Give preference to term deposit accounts over current accounts. 

Is it possible to oppose the seizure?

Yes. It is possible to oppose the seizure, that is, to request that the process of withdrawing the money be stopped or not started. 

How to oppose a bank account seizure?

To oppose the seizure, the person whose balance is being seized must do so directly with the bank, providing a valid justification, such as having less than the national minimum wage in their bank account. 

What are the deadlines for objecting to a bank account seizure?

Those who are about to have a seizure order issued against them have a total of 20 days to object to this action. 

How do I unlock my accounts?

The account can only be unlocked once the debt is officially paid. Otherwise, the debtor cannot access the account or make payments with it. 

Do I need a lawyer to oppose a seizure?

A presence of a lawyer It is an essential tool for opposing a seizure. Since these are quite bureaucratic processes, a Solicitor It is essential for advising and guiding a person throughout the process. 

With a Lawyers in Braga You can count on specialized professionals, qualified to assist in situations like this, where your rights are the priority. 

Conclusion 

When someone has an unpaid debt, it is common for it to be settled through a bank seizure. The seizure can be civil or fiscal.

In civil attachment proceedings, the enforcement agent contacts the Bank of Portugal to find out which banks the debtor has accounts in, whereas in tax attachment proceedings, the enforcement agent contacts a bank directly. 

It is possible for a person to oppose the seizure of assets. To do so, the debtor can rely on the presence of a lawyer, as this is the professional best suited to guide their client through the bureaucratic aspects of the process, always keeping their rights in mind.

Do you need legal support? Get in touch today or learn more about our service. online lawyers and book your appointment with total convenience, wherever and whenever you want.