Bank attachment is one of the most far‑reaching measures a bailiff can take. You log in to your bank and suddenly see that your balance is frozen or has disappeared. This can have major consequences, for example for paying your rent or fixed expenses.
What does bank attachment mean in practice?
Blocking your account means you suddenly can no longer access your money. This directly affects your daily life: direct debits are refused, grocery shopping becomes difficult, and fixed costs such as energy or insurance can no longer be paid. For business owners it can be even more drastic. When a bank attachment is placed on a business account, it can paralyze operations: suppliers cannot be paid and salaries may go unpaid, putting the continuity of the company seriously at risk.
Exempt amount: what may you keep?
When levying a bank attachment, account is taken of the so‑called exempt amount.In short, bank attachment has a direct impact on your financial breathing space—both personal and business. Whatever your situation, it is important to know your rights and which steps you can take if you are faced with this.
In this article we explain what bank attachment is, how it works, what your rights are and what you can do if you get into trouble because of it.
What is bank attachment?
Bank attachment means that a bailiff seizes the balance of your bank account.
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The amount is frozen by the bank.
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The bank then transfers the withheld balance to the bailiff.
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This usually happens without prior notice: you only find out afterward.
👉 A bailiff may only impose a bank attachment if there is a judgment or enforcement order in force.
When is bank attachment an appropriate measure?
Bank attachment is usually a last resort when earlier attempts to collect outstanding debts have failed. If, after repeated payment requests, reminders, and notices, you still do not receive payment, bank attachment can be an effective step. This measure is often used when:
- There is a persistent refusal to pay.
- Other collection measures, such as a payment plan, have not yielded results.
- You have a judgment or enforcement order.
Note: bank garnishment is a severe measure and is usually only considered after other, less intrusive steps have been tried.
What is the difference between prejudgment and enforcement attachment?
With prejudgment attachment the seizure is carried out by the bailiff in advance on your assets or bank balance to prevent you from giving away or hiding the money. This happens before the judge makes a ruling. It is purely intended to provide security, so that later – if the judge rules that you indeed must pay – there are still means to settle the debt.Enforcement attachment by contrast only takes place after a judgment or enforcement order has been issued. Now the bailiff may actually collect your money or goods to settle the outstanding debt.In short:
- Prejudgment attachment: before the judgment, to ‘preserve’
- Enforcement attachment: after the judgment, to collect
With this, you know exactly when and why such a seizure is used – an important distinction for anyone dealing with debt collection.
Can you arrange a bank garnishment yourself?
No, it is not possible to impose a bank garnishment yourself. Only a bailiff may do this, and only after there is a court judgment or a writ of execution. So you cannot go to the bank on your own initiative to have someone’s account seized. This always happens via the official legal route.
Amicable or judicial collection: how does it work?
Collecting money from a debtor often proceeds in two stages: the amicable and the judicial phase.
Amicable collection: a first attempt
In the amicable phase, attempts are made to collect the outstanding claim without court involvement. Think of polite reminders, dunning letters or phone calls, and sometimes the option of a payment plan. This approach is accessible, usually faster and keeps costs down. The goal is always to reach a solution together that both the creditor and the debtor can live with.
Judicial collection: when there is no other way
If the amicable approach yields nothing, the case can be handed over to the court. In the judicial phase, an official judgment is requested. This gives a bailiff more powers: for example, they can seize income, assets or—as you saw earlier—the debtor’s bank balance. Keep in mind that court proceedings usually take longer and involve extra costs, but the likelihood of actual payment increases significantly.
How does a bank levy work?
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The bailiff sends a levy notice to your bank.
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Your bank freezes the balance that is available at that time.
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The amount goes to the bailiff and is deducted from your debt.
What happens after the levy?The frozen amount will then remain on your account for at least 4 weeks. During this period, you cannot use the money. Is the balance high enough to pay the entire debt? Then, after this period, the amount will be transferred to the bailiff.If the amount is not sufficient, then (part of) the debt will remain outstanding and the bailiff
can take further steps.
⚠️ Important: a bank garnishment applies only to the money that is in your account at that moment, not to future income.
What happens if your balance is insufficient?Is there not enough money in your account to pay the full debt? Then only the amount that is available at that moment will be frozen by the bank and transferred to the bailiff
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- The remainder of the debt remains outstanding.
The garnishment applies only to the balance at the time the garnishment is imposed.Later deposits, such as your salary or benefits that arrive after the garnishment, do not automatically fall under the garnishment and you can in principle simply use them. The bailiff
must levy a new attachment for any new balance.
How long does a bank attachment last?You’re probably wondering: how long are you stuck with such a freeze? The duration of a bank attachment varies. Usually the attachment lasts a few weeks, but sometimes the process – depending on legal steps or objection procedures – can take a couple of months.Note: if there is a difference in the type of attachment (such as conservatory or executory), the handling is sometimes more complicated and can therefore take longer. It therefore depends on your situation, the speed of the bailiff, and whether, for example, an appeal is lodged.
In practice, you will hear from the bank when the attachment stops or the blocked amount has been transferred. Until then, that part of your money is not freely available.
How does bank attachment work on savings?Not only your current account can be affected by a bank attachment—your savings account(s) are included as well. The bailiff can therefore have the balance of your savings blocked. The bank then freezes the available amount in your savings account. This amount, as with the current account, is transferred to the bailiff to pay off (part of) your debt.
Note: the attachment has direct consequences for your entire bank balance, including savings you have set aside. You will generally not receive prior warning of this. Your savings are therefore not automatically protected against attachment, and the entire available amount can be seized.
How does bank attachment work for business accounts?With a business account, a bank attachment proceeds in almost the same way as with a personal account. As soon as the bailiff levies, the balance that is in your business bank account at that moment is immediately frozen. You usually only notice this afterward: suddenly you can no longer access the money intended for day-to-day operating expenses.
- This can have major consequences for your business:
- Ongoing payments to suppliers cannot go through.
- Employee salaries may be put at risk.
Other fixed costs and obligations suddenly become difficult to handle.Especially SMEs and self-employed entrepreneurs quickly feel the impact of such a freeze. Cash flow stalls immediately, putting even the continuity of your company at risk.Are you facing an imminent bank attachment? Try to take action immediately. Contact your creditor or speak to the bailiff
for a consultation. Sometimes payment arrangements or other solutions are still possible before it actually comes to a freeze.
Are you entitled to a minimum amount?Unlike wage garnishment
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, where the protected earnings amount applies, there is no automatic protection with bank garnishment.
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This means that your entire balance can be seized.
As a result, you could suddenly be left without money for rent, groceries, or healthcare.👉 However, you can ask the court or bailiff for an exempt amount
, especially if you can show that otherwise you cannot meet your basic needs.
What is the exempt amount?In the case of bank account garnishment, there is in principle no standard garnishment exemption threshold, as there is with wage garnishment. However, there is a possibility to have part of your balance exempted so that you can continue to cover your basic needs. This amount is also called the exempt amount. Its level depends on your personal situation—think of your household composition and income. This prevents you from being left without any funds for essential expenses.
Can you demonstrate that, due to the bank garnishment, you can no longer cover your necessary living expenses? Then request immediately from the bailiff or through the court to have an amount released. This prevents you from, for example, having no money left for rent, groceries, or medical expenses.
What amounts apply as the garnishment exemption threshold for different household situations?
- The level of the garnishment exemption threshold depends on your household situation. As a guideline, the following monthly amounts apply roughly in 2024:
- Are you single? Then the exemption threshold is approximately €1.873.
- For a single parent, the amount is around €2.016.
- If you are married or living together without children, this is about €2.470.
If there are children in the household, the amount increases slightly to about €2.510.
Note: these are average amounts and can vary by situation, for example due to healthcare costs or any benefits. Always check whether your exemption threshold has been determined correctly.
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What can you do in case of a bank levy?Check whether there is a judgment
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Without a judgment or writ of execution, no levy may be imposed.
Request an itemized statement -
The bailiff must explain to you what amount has been seized and why.
Submit a request for an exempt amount to be released -
For example for rent or groceries, so that you are not left completely without money.
Check for statute of limitations or errors -
Sometimes it concerns a time-barred debt or too much has been withheld.
Seek legal assistance
A lawyer can assess whether the garnishment is lawful and, if necessary, file an objection with the court.
Alternatives to bank garnishment
- Before bank garnishment is actually pursued, fortunately there are other options that are less intrusive. Often these solutions can be arranged faster, more affordably, and with less stress for both parties.
Amicable collectionIn the amicable phase, the aim is to obtain payment out of court. This is done by kindly but clearly reminding the debtor of their obligations, for example through payment reminders, telephone contact, or payment plans. Parties such as the NIBUD - advise communicating openly at this stage and working together to find a feasible solution.
Arrange a payment plan - A commonly used option is to arrange a payment plan. With this, you agree with the creditor that the debt will be repaid in installments. This provides peace of mind and prevents further measures.
Voluntary sale of assets - Sometimes it is possible to sell assets yourself and use the proceeds to pay off (part of) the debt. This prevents seizure from being imposed later, for example by a bailiff.
Mediation or debt assistanceThere are organizations such as SchuldHulpMaatje
or the municipal debt assistance services that can mediate between debtor and creditor. They offer support in arranging debts, sometimes even with a debt restructuring loan.
By seriously considering these alternatives and taking timely action, it is often possible to avoid having to resort to the severe measure of a bank account seizure.
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Real-world examplesExample 1 (energy bill):
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A consumer received a bank garnishment of € 1.200. It concerned a time-barred debt. With a defense, the garnishment was lifted and he got his money back.Example 2 (rent arrears):
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A tenant saw his entire balance of € 800 disappear. We submitted a request through which € 500 was released to pay rent and groceries.Example 3 (collection agency):
A debtor received a bank garnishment while a payment arrangement was already in place. The garnishment was imposed unjustly and lifted after intervention.
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Checklist for bank garnishment
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📄 Always ask for a copy of the judgment or enforcement order.
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📑 Check whether the claim is correct and not time-barred.
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💶 Ask the bailiff to set a protected amount.
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⚖️ File a defense if the garnishment is unjustified or too high.
📝 Engage legal assistance to file an objection.
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Common mistakes
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Thinking that a bank levy is always legal.
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Taking no action, causing money to be permanently debited.
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Not requesting an exempt amount.
Thinking that a bank levy works the same as wage garnishment (it does not).
Frequently Asked Questions (FAQ)
1. Can a bailiff just empty my account?
Only with a judgment or enforcement order.
2. Can I get my money back after a bank levy?
Yes, if the attachment was imposed wrongly or if too much was withheld.
3. Does the protected earnings threshold also apply to bank attachment?
No, there is no automatic protected earnings threshold. You must raise this yourself.
4. Can the bailiff impose bank attachment again?
Yes, as long as the debt is outstanding, this can happen multiple times.
5. What if my salary is deposited right after the attachment?
A bank attachment only applies to the balance that was in your account at that moment. Later deposits are not included.
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Why Arslan Advocaten?Specialized in
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bank attachment and defense against bailiffs
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Assistance with requesting a protected amount
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Verify whether the seizure has been lawfully imposed
Regular success in lifting or reducing bank seizures
Conclusion
