A seizure on a bank account is the form of a seizure on a claim: the National Bureau of Enforcement issues an order on the creditor’s application, hands it to the bank, and from then on you cannot dispose of the funds in the account, while the bank must pay the amount to the creditor. If the seizure is unfounded, the amount was deducted by mistake, or enforcement should terminate altogether, precisely defined legal steps are needed — and that is the route we run for you on Legal.ge.
How a Seizure on an Account Works
The order states the basis of the creditor’s claim, the claims to be performed and the assigned person. It takes effect upon handover to the bank and operates within the framework of the creditor’s claim; afterwards you may no longer dispose of the claims. An important detail: the order remains in force even if it was wrongly issued, until it is annulled and the annulment reaches the bank — so it is never removed by oral negotiation alone. Note also that an order concerning salary or similar regular income extends to amounts becoming payable after the seizure was imposed. Within two weeks of receiving the order the bank must declare in writing to the enforcement officer and the creditor whether it acknowledges the claim and is ready to pay, whether other persons are raising claims, and whether the claim has already been seized.
Multiple Seizures and the Order of Payment
Where several seizures are imposed on the same claim, the creditors’ claims are satisfied in the order in which the seizure orders were handed to the bank; where applications are submitted simultaneously — proportionally to the claims. Payment is made through the National Bureau of Enforcement, which distributes the withdrawn amount under the established procedure. The creditor may also waive the claims obtained through the order — one of the routes to having the seizure removed.
Legal Routes to Releasing the Seizure
The first route is termination of enforcement: it terminates if the creditor renounces enforcement, the creditor and the debtor settle, the decision is annulled, or another statutory ground exists. Upon termination every measure taken for enforcement becomes void — the seizure of the account must be lifted as well. In a monetary case the proceedings terminate when 10 years have passed since their commencement, except for the statutory exceptions; for an administrative fine — when 5 years have passed. The second route is annulment of the order as wrongly issued — in which case it is essential that the annulment be officially delivered to the bank, otherwise the order remains in force.
Protection of the Debtor’s Interests — Postponement of a Measure
If a special situation at the place of enforcement — your illness or that of a family member, a death or another emergency — makes continuing the measure incompatible with the general principles of morality, the National Bureau of Enforcement may, on your application, postpone that enforcement measure for up to 6 months and may extend that period once by up to 6 further months. If the situation does not change, you may apply to the court on the same basis: it may fully or partly annul the measure, prohibit it or temporarily suspend it for up to 3 months. These applications are examined under the procedure established by civil procedural legislation.
Distribution and Return of Deducted Amounts
From the amount recovered from the debtor, the fee and the statutory enforcement costs are covered first, and the remainder is paid towards the claims of the creditors for whose benefit the enforcement was conducted. After all claims are satisfied, the leftover amount is returned to the debtor — unless a seizure is imposed on it for another creditor. The amount first enters the Bureau’s deposit account and is then paid out under the established procedure — which is why the return of a deducted amount is always tied to the distribution act and to whether the incoming amount exceeded the fee, the costs and the claims.
For other situations connected with seizures see our services: on the court route for releasing property from seizure — Claim for Release of Property from Seizure, and on release from the debtors’ register and removal of restrictions after enforcement ends — Release from the Debtors’ Register and Removal of Restrictions.
Frequently Asked Questions
Answers to the questions we most often receive about bank-account seizures.
The bank blocked my account — on what basis?
Most likely a seizure on a claim: the Bureau’s order is handed to the bank, after which the bank pays amounts for the creditor’s benefit. We request the order, check its legality and the bank’s declaration deadline.
How do I get the seizure released?
The lawful routes are: payment or a settlement leading to termination of enforcement; the creditor’s renunciation of enforcement; annulment of the order as wrongly issued and official delivery of the annulment to the bank. On termination, every measure becomes void.
How long does a seizure on a salary operate?
An order on salary or similar regular income extends to amounts becoming payable after the seizure was imposed — it therefore covers future income as well, which matters for planning.
Can a deducted amount be recovered?
If the withdrawn amount exceeds the fee, the enforcement costs and the creditors’ claims, the surplus is returned to the debtor — unless seized for another creditor. We verify the fairness of the distribution and claim the surplus.
For how long can a measure be postponed?
In a special situation the Bureau postpones a measure for up to 6 months and may extend it once by up to 6 further months; the court may suspend a measure for up to 3 months.
How We Help on Legal.ge
We establish the grounds of the seizure order, verify its legality, map every available route of postponement and termination, and claim the return of any surplus of the deducted amounts under the distribution rules. We represent you before the National Bureau of Enforcement and the court and prepare every required application. Contact us for a consultation on Legal.ge.