How to remove the seizure from the debtor’s bank account?

The problem of debt in wartime is even more serious than in peacetime. Most debtors face such restrictions as the seizure of bank accounts. That is why most people who have existing debts ask themselves the question: "How to remove the seizure from the bank account?". The lawyers of "PRIKHODKO & PARTNERS" will be able to answer it.

Grounds for removing the seizure from the debtor's funds (accounts).

State or private executors have the right to seize the funds that are on the debtor's accounts. The legality of the seizure of funds is confirmed by the resolution of the executor. The list of executive documents is defined in Article 3 of the Law of Ukraine "On Executive Proceedings".

It can be a court decision, executive order of a notary public.

Among the main reasons for removing the seizure from the debtor's funds:

1. Termination of executive proceedings.
2. Return to the court of the executive document.
3. Cancellation by the court of measures related to securing a claim after the completion of the relevant criminal proceedings.

Some changes have been made since February 24, 2022. In accordance with the decision of the Cabinet of Ministers No. 198-r dated 02.03.2022 No. 198-r "On ensuring the implementation of population calculations under martial law" for the period before the cancellation or termination of martial law in the territory of Ukraine:

• Individuals are allowed to carry out spending transactions from accounts that have been seized by the state executive service. The main condition is that the fine should not exceed 100,000 hryvnias.
• Legal entities-debtors are allowed to carry out spending operations from accounts that are under seizure. The removal of restrictions applies only to the payment of wages, fees, taxes, and a single contribution to social insurance.

Important: the debtor can technically open a new bank account even if there is a lien. However, it is worth considering such a decision several times. This is due to the fact that the executor can request repeated information from the tax office about the state of the debtor's finances and seize a new bank account. In addition, opening a new current account can be considered as evading the execution of a court decision, i.e. defined as a criminal offense.

Algorithm of actions for removing a seizure from a bank account

If your account has been seized, first you need to find out the reasons for the seizure and start acting in accordance with the situation. "PRIKHODKO & PARTNERS" specialists can help you with this.

It is possible to remove the attachment from the debtor's bank account without canceling the court decision according to the statute of limitations. The term of validity of the materials of executive proceedings is three years.

A settlement agreement with the creditor is also a common option. In this case, the state executor is obliged to end the current enforcement proceedings and remove the seizure from the accounts.

We will find the most effective and fastest way to remove the arrests from the accounts. Our qualified lawyers will apply the entire algorithm of actions to unblock accounts, if necessary - represent your interests in court. Fill out the form below to calculate the price of removing the attachment from the debtor's bank account.