Unlocking debtors’ accounts

During martial law, debtors could use the funds in their accounts, in the case of a debt that did not exceed 100 thousand hryvnias. However, from May 2023, changes were made to the legislation regulating the executive process during martial law. The new law stipulates that the amount that a debtor can dispose of per month cannot exceed two minimum salaries determined at the beginning of the current year (in 2023, this amount is 13,400 hryvnias).

This amount does not depend on executive proceedings, the size of the debt itself and is limited and is not added until the next month (in case of non-use of money in the current month).

How to use the authorized funds?

First of all, you choose a bank account from which spending operations will be carried out, and already with that you apply to the state executive service body or the private executor who imposed the seizure with a statement.

The following data must be specified in the application:

• The number of your checking account where the seized funds are located.
• The name of the bank where this account is opened.

The application can be submitted in person or in the form of an electronic application, but in this case it must be signed with an electronic digital signature. The main thing is to record the date when the executor received your application.

WARNING! For spending operations, you can use only one current account on which the seized funds are located.

If within two working days you do not receive a decision on the approval of the account, then you have the right to file a complaint about the executor's inaction. The procedure for filing a complaint is different, depending on whether you are filing it against a public or private contractor.

IMPORTANTLY! Seizures cannot be imposed on special accounts, as this is prohibited by law.

What should be done first when the account is blocked?

The first step when blocking accounts is to contact the financial institution where you have an open bank account. This can be done in a way convenient for you:

• appear in person at the branch
• call the bank's hotline
• write a letter by e-mail

The bank or microfinance institution must provide you with the reasons for blocking the account and explain what steps you must take to unblock it.

It should not be forgotten that you can check yourself in the "Unified register of debtors".

Grounds for unblocking accounts.

Attention should be paid to the Law of Ukraine "On Enforcement Proceedings", in particular Article 59, which defines the grounds for canceling the seizure of the debtor's property or its part by the executor.

In other cases, the decision to cancel the arrest is made by the court. Seizure of an individual's accounts due to unpaid obligations to creditors is not uncommon, and the process of recovering such accounts can be stressful. Citizens should be informed about the reasons for blocking an account and the procedure for its recovery.

If your account is blocked due to enforcement proceedings, first submit a document on its closure and a receipt for payment of debts to the financial institution. After that, send a request to your bank to unblock the account.

If you have no debts and enforcement proceedings have not been opened, but the bank does not unblock your card after your request, then you should file a complaint with the National Bank of Ukraine due to the bank's inaction.

The lawyers of the company "Prykhodko and partners" understand your need for qualified assistance, therefore they are always happy to help you in solving all questions related to unblocking accounts. Contact us and get a quick solution to your problems.