Removal of seizure from the salary account

One day while using your bank card, you find that your salary account has been blocked? Well, this means that you most likely have delinquent debts owed to creditors that should have been paid on time or there is a court order securing the claim. However, if such a situation has arisen, then you definitely cannot do without the help of qualified lawyers, namely the Prykhodko and Partners law firm, because we know how to legally remove the garnishment from the debtor's salary account. What we will talk about in this article.

What are the main reasons for imposing a garnishment on the debtor's salary account?

Your account can be seized in the following cases:

• if the state or private executor issued a resolution in the course of enforcement proceedings regarding the enforcement of a court decision related to the formation of arrears due to non-payment of alimony or credit obligations to a financial institution, etc.;
• if a judicial authority makes a decision to impose a seizure on your bank account to secure a claim in the case;
• if the financial institution itself suspects that illegal transactions (for example, money laundering) are being carried out on your account.

As practice shows, the most frequent cases faced by citizens when blocking a bank account are the first 2 reasons - the executor's decision and securing a lawsuit by the court.

What is the procedure for removing a garnishment from a salary account during martial law in the country?

In order to remove the imposed seizure from the debtor, the private or state executor must have the appropriate grounds, namely:

• obtaining relevant evidence that the debtor's account has a special mode of use and collection of such funds is prohibited by the legislation of Ukraine;
• when the executor receives the necessary amount of money from the debtor, which will satisfy the interests of each debt collector in the enforcement proceedings, as well as such an amount is sufficient to repay the enforcement fee and fines imposed on the debtor;
• when the executor receives documentary confirmation that a full settlement has been made for the purchased property at electronic auctions;
• when the executor receives a notification from the judicial authorities about the cancellation of measures to ensure the claim.

The above list is incomplete, and therefore referring to part 4 of Art. 59 of the Law of Ukraine "On Enforcement Proceedings" you will be able to find all the legal grounds for the removal of a seizure from property by a private or state executor.

Is it possible to use cash if your account was seized during martial law?

Until May 6, 2023, the legislation of Ukraine provided that, during the period of martial law in the country, it was possible to carry out any transactions with bank accounts that had been seized, when the amount of the recovery did not exceed UAH 100,000. However, such arrest was not removed from the citizen's account.

From May 6, 2023 and until the end of the martial law in the country, it is allowed to carry out any operations with accounts within the limits of only 2 minimum wages, which is currently 13,400 hryvnias.

In addition, such an account can only be in one bank. It is determined by the executor based on the relevant application from the person.

If your salary account has been garnished and you want to cancel it, then in this case you need the help of professional lawyers - the Prykhodko and Partners law firm.

Our team will get acquainted with the materials related to your case in detail, provide you with qualified advice, and also help to remove the seizure from the bank account, as it fully understands such issues. So don't delay and come for a consultation!