Kolesnyk Ilya
Kolesnyk Ilya

Attorney

Phone numbers
+38 (073) 007-44-49 +38 (073) 007-44-54

Specialist in bankruptcy of individuals and legal entities. Provides legal support in bankruptcy procedures for individuals, private limited liability companies, legal entities, as well as closing executive proceedings, concluding restructuring and settlement agreements with financial institutions

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Unlocking debtors’ account

Unlocking debtors’ account

Grounds for blocking accounts

In Ukraine, there are various grounds on which courts can seize citizens’ bank accounts. Most often, the seizure of accounts occurs due to non-payment of debts, enforcement of court decisions, enforcement of a person’s obligations or as part of an investigation. The initiators of the seizure of accounts are the authorized parties with appropriate petitions.

 

Ability to unlock accounts

However, the current legislation provides for the possibility of removing the seizure from accounts, in particular from card accounts of citizens. There are certain grounds and conditions under which the arrest can be lifted. For example, after debt repayment, execution of a court decision or completion of the investigation that led to the arrest.

Restrictions for debtors during martial law

Changes to the legislation, which came into force in May 2023, regulate the use of funds by debtors during martial law. Previously, debtors could freely dispose of money in their accounts, if their debt did not exceed 100,000 hryvnias. However, now, according to the new law, the amount that a debtor can dispose of every month is limited to two minimum wages established at the beginning of the current year. In 2024, this amount is 14,200 hryvnias.

Importantly! This amount is fixed and does not depend on the number of executive proceedings or the size of the debt. In addition, unused funds are not carried over to the next month, that is, the limit applies monthly.

Thus, the law limits the amount of funds that the debtor can dispose of every month, regardless of the size of the debt or the number of enforcement proceedings.

 

Restrictions on the use of accounts

According to the requirements of the law, if the debtor has several current accounts in different banks and one or more of them have seized funds, then only one of these accounts must be chosen to carry out expenses permitted by law. It is not allowed to spend money from other accounts, even if they also have seized funds.

This requirement to use only one account designated for expenses is established to simplify the control and administration of this process by executors.

Importantly! Special purpose accounts (for alimony, salaries, etc.) cannot be garnished.

Steps for blocking an account

  • When blocking your bank account, the first step is to contact the financial institution where the account was opened.
  • Representatives of the bank or microfinance organization must explain to you the reason for blocking the account and inform you about the necessary actions to unblock it.

Importantly! Do not forget that you have the opportunity to independently check whether you are in the Unified Register of Debtors.

This will help to find out whether the blocking of the account is not related to the existence of debts that could be the basis for the imposition of a seizure or other restrictions.

Grounds for unblocking accounts

The issue of unblocking seized accounts is regulated by the Law of Ukraine “On Enforcement Proceedings”, in particular Article 59, which defines the grounds for removing the seizure from the debtor’s property in whole or in part by the executor. In other cases, the decision to remove the arrest is made by the court.

Legal assistance

The law firm “Prykhodko and Partners” realizes that the process of unblocking bank accounts can be complicated and require professional help, so the company’s lawyers will make every effort to quickly solve your problem.

You can turn to them for advice and get prompt assistance in disputes with banks, executive services or during court proceedings regarding the removal of arrests and blocking of your accounts.

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2 question

Do you need help in disputes with banks, enforcement agencies or during court proceedings regarding the removal of seizures and blocking of your accounts?

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3 question

Have your bank accounts been seized?

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Debtor's rights protection

A statement of claim for the removal of a seizure from a bank account A statement of claim for the removal of seizure from property A statement of claim for the removal of the attachment from the debtor’s funds Appealing a loan agreement Appealing executive inscriptions Appealing the executive proceedings in case of imposition of a fine by the TCC Application for writing off interest on the loan Bank protection Claim for cancellation of debt for communal services Claim to lift seizure of property and accounts Close a loan in cryptocurrency Collector protection Complaint to the NBU against the MFI Credit history appeal Credit history check Debt cancellation in court Debt collection during martial law Debt collection for utility services during the war Debt collection from military personnel Debt write-off for utility services Determination of a current bank account for spending transactions Exemption from loan debts Forced collection of debt Freeze credit Individual bankruptcy Judicial debt restructuring outside of bankruptcy proceedings Judicial support of cases with the Unified State Register of Legal Entities Lawsuit for recognition of a natural person as bankrupt Lawyer for credit debts Lawyer under Art. 200 of the Criminal Code – Illegal actions with transfer documents, payment cards and other means of access to bank accounts, electronic money Lawyer under Article 302 of the Criminal Code – Creation or maintenance of places of debauchery and solicitation Legal analysis of credit agreements Legal assistance with microcredits (MFIs) Objection to the claim for debt collection Recalculation of the amount of the debt in court Recognizing a natural person as bankrupt Redemption of a loan or debt Removal from the unified register of debtors Removal of encumbrance from movable property Removal of seizure from property in enforcement proceedings Removal of seizure from the account for payment of wages Removal of seizure from the debtor’s account Removal of seizure from the debtor’s property Remove the arrest from the apartment Remove the attachment from the account, property, apartment, car Response to the claim for debt collection by receipt Restructuring debt on a mortgage loan in foreign currency Restructuring of foreign currency loans Restructuring of PrivatBank credit card debt Salary account unlocking Statement of claim for collection of debt for utility services Statement of claim for debt collection under a credit agreement Statement of claim for debt collection under a loan agreement Statement of claim to appeal the actions of a state enforcement officer Sue the bank Termination of executive proceedings of a serviceman The single register of debtors is the price of removal from the register of debtors Unlocking debtors’ account Write-off of accrued interest during martial law on loans for military personnel Write-off of debts of an individual in Ukraine Write-off of interest on a loan to the military in Ukraine Write-off of loans and interest on loans to female military personnel Write-off of single tax debt (SP) due to bankruptcy Writing off debts and loans