Account seizure - this is what to do

Can an account be seized just like that?

In order to initiate an account seizure, the creditor must take certain legal steps. First, he needs an enforcement title that gives him the right to collect the debt. Then he must apply for a seizure and transfer order to officially carry out the account seizure. Only after receiving the order can the creditor initiate the seizure of his debtor's account.

IMPORTANT special case: If the tax office acts as an enforcement authority

If the tax office collects money , then that is a very special case.

It follows its own rules, which are laid down in the rules of the Tax Code (AO) . The tax office is not only responsible for telling you how much tax you owe, but it also serves as its own enforcement authority . It does not have to go to the enforcement court to get an enforcement title.

Usually, the payment request, i.e. the tax assessment notice, already contains a warning that the tax office will enforce the debt if you do not meet the payment deadline. The tax office could then basically start the enforcement immediately. But according to Section 259 S. 1 of the Tax Laws (AO), the tax office must first warn the debtor and give him a week to pay.

This means that the tax office cannot simply use your account for enforcement purposes without prior warning.

Seizure of the account: Fast action is now required

If an account is seized, it is important to act quickly. It is advisable to seek expert legal advice immediately to determine the best possible course of action.

  1. Get to know the details : Find out who initiated the garnishment, the reason for the garnishment, and the amount garnished. Carefully review the information to make sure everything is correct.
  2. Contact your bank : Contact your bank immediately and inform them of the seizure. Ask about the specific steps you need to take to deal with the situation. Your bank will give you information and instructions on how to proceed.
  3. Clarify any outstanding questions: Ask your bank any questions you have about the seizure. Ask about the impact on your account, access to your money and any restrictions. The more informed you are, the better you can handle the situation.
  4. Gather bank and other relevant documents : Secure all relevant documents related to the garnishment. This includes all communications with the creditor, garnishment notices and other documents related to the garnishment. Accurate documentation will help you review your case and take legal action if necessary.
  5. Consult a professional with expertise : If you are unsure or need legal advice, you should consult a professional . A lawyer or debt counseling agency can help you understand your rights, assess the situation, and take appropriate steps to remove the garnishment.

As an account holder, this is the best way to proceed after initial contact with a specialist:

Set up immediate account seizure protection using a P-account

If your account is seized, you should first open a seizure protection account (P-account) This protects a certain basic allowance from seizure.

Setting up a P-account allows you to continue to have access to a certain amount of money despite a seizure. This amount varies depending on your personal circumstances, including the number of dependents.

Can the debtor's money still be seized despite having a P-account?

The P-account offers protection and allows the account holder to keep a certain allowance from their balance that cannot be seized. This allowance is set by law and serves to ensure the debtor's minimum subsistence level. The P-account therefore guarantees a certain level of protection against seizure of bank balances. However, amounts exceeding the calculated allowance can still be seized.

Cancel or reverse account seizure – possible in some cases

It is certainly possible to lift an account seizure, but this requires payment of the debt or an agreement with the creditors. An insolvency procedure can also provide a remedy in this case. This is ideally handled by experts.

 

  1. Contact the creditor: Contact the creditor who initiated the garnishment. Clarify the outstanding debt and try to reach an agreement. In some cases, the creditor is willing to lift the garnishment if an alternative payment arrangement can be made.
  2. Agree on payment in installments: Offer to pay the creditor the outstanding debt in installments. If the creditor agrees, the attachment can be lifted as soon as you make the agreed payments regularly. In most cases, the creditor will let the attachment rest and not lift it completely.
  3. Apply for seizure protection from the enforcement court: Under certain circumstances, for example if the debtor has special financial requirements due to his individual situation, the enforcement court can grant additional seizure protection in exceptional cases. As soon as the creditor has initiated a seizure on the debtor's bank account, the bank is no longer permitted to pay out the balance to the debtor.
  4. Check the seizure limits: In some cases, the amounts seized may exceed the seizure exemption limits established by law. Find out about the rules in force and check whether the seizure is legal. In this case, you can request that the seizure be lifted.
  5. Contesting the attachment: Sometimes it may even be justified to contest the attachment. This can be the case if the attachment is unlawful or if there are formal errors in its implementation. In such cases, you should seek legal advice from a specialist lawyer and, if necessary, take legal action to lift the attachment.

Conclusion on account seizure & possible countermeasures:

An account seizure occurs when a creditor initiates an enforcement measure against a debtor who does not meet his payment obligations.

Once the seizure is initiated, quick action is required to determine the best course of action. Those affected should inform themselves fully about the situation, contact their bank and seek legal advice. They should also immediately set up a seizure protection account (P-account) to protect a basic allowance from seizure.

It is possible to lift an account seizure , but it requires the debt to be paid or an agreement to be reached with the creditor. If necessary, those affected can also initiate insolvency proceedings to pay off the debt and lift the seizure. It is important from the outset to secure all relevant documents and to communicate openly with creditors and public authorities, as well as advice centers, in order to find and implement the best possible solutions.

The following questions are frequently asked about account seizure.

How does a seizure work during insolvency proceedings?

In insolvency proceedings, all of the debtor's seizable assets , including salary claims, are added to the insolvency estate . The seizure is carried out by the insolvency administrator, who then uses the assets to settle the creditors' claims .

At what point does a seizure occur in the context of insolvency?

Attachment in the context of insolvency takes place immediately after the opening of insolvency proceedings . All attachable assets are added to the insolvency estate.

How is the seizure limit defined in the case of private insolvency?

The seizure limit is determined by the seizure table and depends on the debtor's income and the number of dependents. The remaining amount that remains after the payment to the creditors is called non-seizable income.

Will an account be blocked in the event of personal insolvency?

Personal bankruptcy does not automatically lead to the account being blocked. The debtor can still use the amount that is exempt from seizure. It is advisable to set up a P-account (seizure protection account) to ensure that the amount that is exempt from seizure is protected.

Can the insolvency administrator access my bank account?

Yes, the insolvency practitioner has the right to see information about your financial situation, including your bank accounts. However, he or she cannot directly access your account or withdraw money.

When does the insolvency administrator decide to release the account again?

This depends on the specific insolvency procedure . As a rule, the account is not blocked and the debtor can continue to use the non-seizable amount.

How do I get access to my money if my account is seized?

To gain access to your money in the event of an account seizure, you should set up a seizure protection account (P-account) . A certain amount is protected from seizure on a P-account.

Does this seizure exemption limit also apply to pensioners?

Old age pension is equated with earned income. This is therefore also subject to seizure in the case of a fixed payment obligation in the case of debts. So YES. The same allowances apply here as for wage garnishment

Competent debt and insolvency advice in the greater Stuttgart area

Welcome to the website of the SIC Debtor Insolvency Center e. V. in Stuttgart. We are your contact for all questions about debt and insolvency. Regardless of whether you are facing insolvency proceedings privately or professionally - we will help you professionally. Discover our advisory services and initial information about your options. We are here to help you!"

our advice

About Us

Find out more about me and my team at SIC Debtor Insolvency Center e. V. Our expertise is based on personal experience and professional qualifications.

Get to know us

Contact us

Do you have questions about insolvency advice or do you need support? Contact us conveniently via WhatsApp, telephone or email. Our team is ready to help you. Don't hesitate to contact us!

Contact us now

Our partners and awards

  • Known from Focus Online

    Our expertise in debt counseling and insolvency administration has been recognized by Focus Online.

    to the article 

  • BS Inso

    Partner of BS Inso – Together with BS Inso, we are committed to effective solutions in insolvency consulting.

  • GoldWert assessment

    GoldWert Rating – Our debt settlement and insolvency services are awarded and recommended by GoldWert.

  • Good Morning Germany

    Partner of Guten Morgen Deutschland – We are proud to be mentioned in the well-known program for our expertise in insolvency consulting."

  • German Lawyers' Association for Restructuring

    Member of the German Lawyers Association for Restructuring – We work closely with the association to offer you the best solutions in insolvency advice

1 5