Please note: you cannot just seize your bank yourself. It is something that the bailiff carries out.
As soon as there is a bank attachment, it concerns attachment of the available balance on the account(s) in question. The balance at the time of attachment applies. If deposits are made later, they are not included.
What is bank garnishment?
A bailiff can seize one or more bank accounts. There is then a bank attachment, whereby the entire balance is seized.
It is important to take into account, for example, the garnishment-free foot and any prohibitions on garnishment. For example, is the salary paid first and is an attachment immediately afterwards? Sometimes an exception is made for an amount to be able to incur the necessary costs, for example for rent, energy and food.
The bank attachment is intended to prevent money from being spent, which can then no longer be used to pay the outstanding debts . In this way it is a tool to collect the outstanding claim, something that we can of course help you with professionally.
Method: how does bank garnishment work?
Curious how it works when we support a seizure? The bailiff executes a court order, so it is important to start legal proceedings first. The bailiff uses the judgment with a bank attachment writ to actually seize the bank.
Tip: the bailiff will note the time when he or she enters the bank. That is the moment of bank attachment, so it concerns the balance that is in the bank account at that time.
In the event of a bank attachment, the bank freezes all the debtor’s assets. This means that from that moment on, the account holder can no longer use a debit card and, for example, cannot withdraw money. The credits must remain available on the account for at least 4 weeks. The bank may then transfer the money to the bailiff’s office, who will ensure that it can be processed further.
If the balance is high enough to pay the claim, it will be possible to settle it. Please note that any amounts that are deposited after the attachment do not count, so it is not possible to use them to collect the invoice. Moreover, the debtor can simply spend those amounts freely.
Private bank Seizure:
In the event of an attachment on a private account, the balance that is present at the time of attachment is blocked on your current account(s) and Savings account(s) . You will not be able to access the blocked balance at that time, because this amount is subject to attachment. When blocking the balance on the account(s), we take into account the attachment-free amount that is provided by the bailiff. The attachment-free amounts are based on your family situation.
- € 1,872.81 for a single person;
- € 2,015.84 for a single parent;
- € 2,470.03 for married couples without children;
- € 2,509.97 for married couples with one or more children.
Bank garnishment business account
In the event of an attachment on a business account, the balance that is present at the time of attachment will be blocked on your business Account(s) and business Savings Account(s). At that time you will not have access to the blocked balance, because this amount is subject to attachment.
How long does bank garnishment last
The duration of a bank garnishment can vary depending on the specific circumstances and jurisdiction in which it takes place. In general, the process can take several weeks (4 weeks minimum) to several months, depending on several factors, such as:
- The type of bank garnishment: There are different types of bank garnishment, such as prejudgment attachment and executory attachment. The duration of the process may differ depending on the type of batter used.
- The reason for the bank repossession: If the bank repossession is being carried out because of a criminal matter, the process may take longer due to the complexity of the case and the procedures involved. If the bank garnishment is executed because of a civil matter, the process can go faster.
- The cooperation of the bank: Like the larger banks ING Bank , ABN AMRO Bank and Rabobank can respond quickly or slowly to the bank seizure, depending on their own procedures and policies. It may take some time for the bank to provide all the necessary information and release the money to the bailiff.
- Legal Proceedings: If any legal disputes or objections are filed against the bank garnishment, it may delay the process and extend its duration.
Would you like to have a bank attachment imposed and are you curious about how this works or how we can help you in practice? We have a lot of experience with such cases, where the judicial phase leads to a judgment that offers the possibility to seize and thus collect the claim.
At the same time, fortunately, in most cases it does not lead to a bank attachment, because as a collection agency we can also provide you with a good service with the amicable phase of collection. In that phase, we encourage the customer or debtor to pay, while at the same time taking into account any good relationship you have or had with each other.
What customers say
“Our company is in fashion and we want to keep our focus on the core business. That’s why it’s very nice to have Credifin as a safety net! They unburden us and thanks to them we almost always receive all payments.” State of Brands
“The Orthocenter, with more than 45 branches, believes that debt collection agency Credifin is a good partner and provides excellent services in the field of No Cure No Pay collection. There is appreciation for the human way of collecting money.” Orthocenter
“Very positive, good communication, system is user-friendly so you can quickly view the status of a file.” Me Physio