Have you had your bank account seized and don't know what to do, or are you a creditor and don't know how to seize a debtor's bank account? Find out everything about this subject with lawyers in Braga. 

What is bank account garnishment?

A Seizure A bank account seizure is a way for a creditor to secure payment of a debt by a debtor. In a bank account seizure, the bank blocks the available funds in the debtor's account until the debt amount is reached. 

Whether in civil or tax proceedings, this is one of the most common ways to pay off debts in Portugal. 

When does a bank account freeze occur?

Cases of bank account seizure They are a legal methodology for collecting a debt from a debtor when the debtor does not voluntarily pay that debt. 

These situations may arise from:

• Bank loans or personal defaulters;
• Tax or social security debts;
• Legal proceedings between individuals or companies;
• Failure to pay rent, compensation, or alimony.

Before assets are seized, the debtor must be notified of what will happen so that they can voluntarily pay the debt or contest the action. 

How does the enforcement process begin, and who can garnish the account?

In order to seize a bank account, an enforcement process must be initiated. This process is initiated by the creditor or the State, through the following locations/services: 

• Court, in cases of civil debt;
• Finance Services, in cases of tax debt.

After authorization, the court sends an order to the bank where the debtor has accounts, so that the amounts corresponding to the debt can be blocked. 

What are the differences between civil and tax seizures?

Civil seizure and tax seizure are two forms of bank account seizure. They are very similar, but have differences: 

Civil Seizure:

The responsible entity is the enforcement agent/court, and the origin of the debt is private debt, such as rents. 

Tax Seizure:

In tax seizures, the responsible entity is the tax authority or social security. 

The debt originates from overdue taxes or contributions.

Regarding payment terms and negotiation options, there may also be differences in both cases. 

Bank account seized: can I use the money?

It depends on the amount to be frozen. The bank automatically freezes the amount specified in the court order, and if there is a balance exceeding the amount indicated in the court order, the debtor can use that extra amount. 

What gets immediately blocked and what can be moved?

The amount that is blocked in the garnishment of the bank account is the amount indicated by the court. However, the amount equivalent to [the remaining balance] cannot be garnished. national minimum wage. 

Wage garnishment vs. account garnishment: what changes?

There are differences between wage garnishment and bank account garnishment:

Wage garnishment: It is deducted directly from the salary, before it reaches the bank account, with a monthly discount applied by the employer.

Account seizure: It applies to money already deposited, regardless of its origin, unless it is protected income (such as salary or pension).

Salary deposited into an account with active garnishment: what happens in practice

If money is deposited into an account with an active bank lien, the total amount or a portion of it will be seized. However, if it is proven that it is genuine money... unseizable, This is not withdrawn from the account. 

Can I open a new account or change the payment address for my salary?

Yes. However, if the new bank account is in the debtor's name, the money deposited there can also be seized. 

How does garnishment of a joint account work?

Regarding the seizure of bank accounts in joint account situations, the seizure only applies to the amount corresponding to the debtor. However, it may happen that the entire amount in the account is blocked until it is proven what the debtor's share is. 

Step-by-step guide to filing a complaint with the enforcement agent or court.

To request the seizure of a bank account, you must follow certain steps:

1. Verify the origin of the seizure (consult the notification or contact the bank).
2. Gather documents proving that the blocked funds are protected salary, pension, or allowance.
3. Contact the enforcement agent or file a complaint with the court requesting the lifting of the seizure.
4. Pending decision: the court may order the partial or total unblocking of the account.

How long does it take for the funds to be unblocked after a withdrawal decision?

Typically, the bank has a total of 10 business days to release the seized funds after being notified by the court. 

Do I need legal counsel if my account is seized?

Although not mandatory, having a lawyer present is very important. This professional can assist with issues such as:

• Verify the legality of the seizure;
• Request a partial withdrawal (e.g., salary improperly blocked);
• Negotiation with the creditor;
• Propose phased payment agreements in order to avoid further seizures.

With a Lawyers in Braga You have access to qualified professionals, ready to provide all the assistance you need, whether you are a debtor or a creditor. 

Conclusion 

Bank account garnishment is a common practice when a debtor does not voluntarily pay debts. 

Whether you are in the position of creditor or debtor, it is always important to contact a Solicitor A specialist is essential, as this professional knows how to advise and guide in order to minimize the discomfort that these processes cause.