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Pension is a special type of social payment protected by law. As a general rule, pension funds cannot be used to pay off debts or charges.
Therefore, imposing a seizure on a pension account within the framework of executive proceedings is illegal. Having your pension blocked in this way is a breach of your legal rights.
In such a situation, you should urgently contact the executor with a substantiated application for the removal of the illegally imposed seizure and the unblocking of access to pension funds.
What should the application contain?
The application to remove the attachment from the pension account must contain the following main elements:
- Data about the applicant – surname, first name, patronymic, address, contacts.
- The number of the pension account in the bank that has been seized.
- Information about the reason and grounds for imposing an arrest by the executor – number of the executive proceeding, details of the executor’s decision.
- Reference to legislation prohibiting seizure of pension funds or setting limits on the amount of pension deductions.
- Justification of the illegality and harmfulness of the imposed arrest for the applicant.
- A requirement for the executor to immediately remove the seizure from the pension account in whole or in part.
- List of attached documents confirming the applicant’s arguments (if available).
- Date and signature.
What circumstances contribute to the removal of the arrest?
In the application for the removal of the seizure from the pension account, the applicant must substantiate his claims. He can refer to the following circumstances:
- Violation by the executor of the established procedure for imposing a seizure on the account intended for the pension.
- The pension is the sole or main source of livelihood of the applicant, the arrest deprives him of the means of subsistence.
- The arrest contradicts the constitutional right of a person to social protection and receiving pension payments.
- The amount of pension deductions according to executive documents has already reached the maximum permissible level (50%).
- There are alternative sources of debt repayment, so the seizure of the pension is an unnecessary burden for the applicant.
- The applicant has a privileged status (disability, Chernobyl nuclear power plant, etc.), therefore the seizure of the pension violates his rights.
- Other well-founded arguments in favor of lifting the arrest.
What should be added to the application?
The following must be added to the application for the removal of the seizure from the pension account:
- A copy of the applicant’s passport and identification code.
- A copy of a pension certificate or certificate of pension appointment.
- Certificate from the bank about the seizure of the applicant’s pension account.
- A copy of the decree of the state executor on imposing a seizure on the account.
- Certificate from a medical institution about the health and disability of the applicant (if available).
- Certificate on the composition of the family and dependents of the applicant.
- Certificate of income and property status of the applicant.
- Other documents confirming the applicant’s arguments about the illegality or excessiveness of the arrest.
Such evidence will strengthen the position of the applicant and argue his demands for the immediate removal of the lien from the pension account.
Where to apply?
If your pension account is blocked by imposing an illegal attachment, file a complaint directly with the body that applied it – the state executive service or a private executor.
In the application, set out the arguments and demand that the unlawful arrest be immediately removed, which violates your legal rights to receive social benefits.
If such a complaint is satisfied, the executor will be obliged to unblock access to your pension funds.
If you have found yourself in a difficult life situation and need qualified legal support, the “Prykhodko and partners” team will be happy to help you. We guarantee quality work and the maximum possible result within the limits of current legislation.