Removal of attachment from military servicemen’s accounts – removal of attachment from a military bank account

How to remove the seizure from the accounts of military personnel? This question is asked by both military personnel and their family members. Let's start with the fact that the seizure of the debtor's funds is the final stage of court proceedings, which pursues the next goal - the enforcement of court decisions. All court decisions are enforced by the bodies of the state executive service. If you have encountered this problem, the lawyers of "PRIKHODKO & PARTNERS" will help you solve it.

Reasons for removing the seizure from the accounts of military personnel

The main reason for removing the seizure from the debtor's funds in enforcement proceedings:

• Expiry of enforcement proceedings.
• Cancellation by the court of measures to ensure the claim of completed executive proceedings.
• Receipt to the account of the bodies of the State Executive Service of the amount of funds necessary to satisfy the requirements of all participants in the executive proceedings.

Information about the removal of seizure from funds is reported by the executor in the resolution on the termination of the current enforcement proceedings.

As for the rights of military personnel, the removal of the seizure from their accounts is regulated by the requirements of paragraph 15 of Article 14 of the Law of Ukraine "On Social and Legal Protection of Military Personnel and Members of Their Families."

If military personnel are called up for military service under conditions of mobilization during a special period (including martial law), fines and penalties for non-fulfillment of obligations to enterprises, organizations and institutions, in particular, banks, are not charged.

Among the benefits for the military, established by the current Ukrainian legislation:

• Exemption from payment of penalties/penalties for late payment of loan payments.
• Exemption from paying interest for the use of credit funds.

In addition, according to current information from the Ministry of Justice of Ukraine, in the event of a seizure on the open account of a military serviceman, he can carry out spending transactions from it without taking into account the seizure. Such conditions apply until the end of martial law in Ukraine. In other words, banking institutions are obliged to provide the client with the opportunity to use the funds in the account, regardless of the decrees of private or state executors on imposing a seizure.

"PRIKHODKO & PARTNERS" specialists will use all the necessary practical experience in this field to achieve the desired result in order to remove the seizure from the accounts of military personnel.

For military personnel, as well as for other categories of the population, the rules of the Law "On the Legal Regime of Martial Law" apply. In accordance with the orders of the Cabinet of Ministers, the following rules apply on the territory of Ukraine:

• For individuals

Spending operations from accounts that are under seizure can be restored, provided that the amount of recovery does not exceed 100,000 hryvnias.

• For legal entities

Legal entities-debtors have the right to carry out expenditure transactions from accounts that are related to salary payments, as well as the payment of fees, taxes and a single contribution to mandatory state insurance.

If you have any questions regarding the removal of the seizure from the accounts of military personnel, make an appointment for a consultation! To calculate the price of the service of removing the seizure from the bank accounts of the servicemen of the Armed Forces, fill out the form below.