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Head of criminal law practice
Expert in criminal and international law. He also specializes in crimes in the field of military activity and in the financial sector.
What to do if the enforcement service blocked the accounts?
The life of a modern person is one way or another connected with the need to open accounts to receive certain payments. It can be both wages and funds received from business activities. After opening an account, an individual or legal entity receives a card and can withdraw funds from it. However, there are situations when your accounts may be blocked. We are talking, for example, about the blocking of accounts by the executive service. Professional lawyers of our company "PRIKHODKO & PARTNERS" will help to remove the seizure from the card.
In what cases can the executive service block accounts?
Block accounts executive service through:
- Failure to pay fines, alimony.
- The presence of debts for credit/loans or utility services.
- Enforcement to secure a court decision.
- Suspicion of money laundering.
The account can be blocked on the day the decision is made by the executive service, that is, after the bank gets acquainted with this decision. After that, the bank client should receive a notice of seizure.
Does the executive service have the right to block a salary card?
In accordance with the second part of Article 18 of the Law of Ukraine "On Executive Proceedings", measures of forced withdrawal of funds are carried out in accordance with the Procedure established by the executive document. The executive service can levy charges on securities, funds, property or corporate rights, objects of creative and intellectual activity.
As for the salary card, deductions can also be made from it, but it cannot be blocked by the enforcement service. The breakdown of deductions from wages is calculated from the amount that remains after withholding fees, taxes and a single contribution to the state mandatory social insurance. Arresting the debtor's salary, the amount of which is established by law, should not violate a person's right to decent living conditions.
Thus, the executive service has no legal right to block the salary card.
The procedure for removing a seizure from an account in Ukraine
In accordance with Article 59 of the Law of Ukraine (part four), grounds for removing the seizure from all or part of the debtor's property (funds) are:
- Receipt of funds collected from the debtor to the account of the executive service.
- Obtaining documentary evidence that the seizure of the account and the collection of funds are illegal.
- Documentary confirmation of the availability of funds in one/several accounts of the debtor that are sufficient to fulfill the court decision on securing the claim.
In all other cases, the arrest is lifted in accordance with the court's decision (Article 59 of the Law of Ukraine, Article Five). Thus, the debtor has the right to appeal the decision on seizure of funds issued by a private or state executor. If the court satisfies the debtor's demands, the executor removes the attachment from his accounts.
If you have faced the problem of the blocking of accounts by the executive service, we will help you to remove the seizure. Contact the best lawyers of Ukraine - employees of the company "PRIKHODKO & PARTNERS"!
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Head of criminal law practice
Expert in criminal and international law. He also specializes in crimes in the field of military activity and in the financial sector.
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