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 Payment is made through the National Bureau of Enforcement, which distributes the withdrawn amount under the established procedure.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.