Seizure of bank accounts: consequences and avenues of appeal
Seizure of a bank account is one of the measures within the framework of executive proceedings, which significantly complicates the life of debtors. After all, such a measure completely deprives a person of access to his own funds.
However, the law provides an opportunity to challenge an illegal or excessive seizure of an account. For this purpose, a claim for the removal of the arrest is submitted to the court.
Requirements for the content of the statement of claim
The requirements for a statement of claim are established by Article 175 of the Civil Procedure Code of Ukraine. It must include:
- the court to which the action is filed;
- data on the parties and participants in the case;
- the content of claims and the method of protecting rights;
- substantiation of requirements, i.e. facts and evidence;
- information about pre-trial settlement measures taken;
- list of attached evidence;
- calculation of court costs.
In addition, the statement of claim may contain other data necessary for the consideration of a specific case and the adoption of a fair decision by the court.
The application is submitted in writing and must be signed by the claimant, his representative or another person authorized to do so.
Can the executor independently remove the arrest imposed by him?
Thus, in some cases, the executor is authorized to make a decision on the removal of previously imposed restrictions on the disposal of the debtor’s property or funds.
In particular, full or partial lifting of the seizure is possible under the following circumstances:
- A special legal regime has been established for the debtor’s bank account, which makes collection impossible.
- The executor received funds from the sale of the debtor’s property in an amount sufficient to satisfy the demands of debt collectors.
- There is documentary confirmation of the full payment for the debtor’s property sold at electronic auctions.
- According to the expert’s opinion, further realization of the seized property is impractical or impossible.
- The debt collector did not use the overriding right to keep the unrealized property.
- The measures to ensure the claim, in connection with which the arrest was imposed, have been canceled.
Possibility of partial unblocking of seized funds
During the period of martial law in Ukraine, the state temporarily allows debtors to partially dispose of a certain amount from their accounts blocked by the executor.
Yes, despite the arrest, you can spend up to 13,400 hryvnias during the month. This is twice the amount of the minimum wage as of January 1, 2023.
To use this right, you must submit an application to the executive service or a private executor to determine the account for the possibility of spending transactions within the specified amount.
The procedure for consideration of a claim
Consideration of the claim for the removal of the seizure from the bank account takes place in a court session with the participation of the parties – the debt collector, the debtor and the bank. After hearing the arguments of the participants, checking and evaluating the evidence, the court issues a decision.
Content of the court order
If the claim is satisfied, a decision is made to remove the seizure from the account. Such a resolution is mandatory for implementation by all state and private structures, officials and citizens, including the bank where the account is opened.
Consequences for the applicant
Therefore, if the account is illegally seized, the debtor has the right to file a lawsuit in court for its removal. If the court satisfies the claims, the mandatory decision gives the opportunity to restore free access to the account.
In order for you to feel calm in such difficult life situations, the team of professional lawyers of the company “Prykhodko and Partners” will provide professional legal assistance. Our lawyers have extensive experience in solving various legal issues. We always approach each client individually and carefully study the circumstances of his case.