Bank garnishment is one of the most drastic measures a bailiff can take. You log in to your bank and suddenly see that your balance is blocked or has disappeared. This can have major consequences, for example for paying your rent or fixed expenses.
What does bank garnishment mean in practice?
Blocking your account means that you suddenly can no longer access your money. This directly affects your daily life: direct debits are refused, grocery shopping becomes difficult, and fixed expenses such as energy or insurance can no longer be paid. For entrepreneurs it can be even more drastic. When bank garnishment is imposed on a business account, it can paralyze operations: suppliers cannot be paid and salaries may go unpaid, which puts the continuity of the company at serious risk.
Garnishment-exempt amount: what may you keep?
When imposing bank garnishment, the so-called garnishment-exempt amount.This is a basic amount that you may keep for your necessary living expenses, such as rent, energy, and food. Thanks to this arrangement, you are not left completely without means, which is important for both you and the creditor. Still, it can be tight, especially if your fixed expenses are high.
In short, bank garnishment has a direct impact on your financial flexibility—both personal and business. Whatever your situation, it is important to know your rights and what steps you can take if you are faced with this.
In this article, we explain what bank garnishment is, how it works, what your rights are, and what you can do if this causes you problems.
What is bank garnishment?Bank garnishment
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means that a bailiff places a garnishment on the balance of your bank account.
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The bank freezes the amount.
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The bank then transfers the withheld balance to the bailiff.
This usually happens without notice: you only find out afterwards.👉 A bailiff may only impose bank garnishment if there is a judgment or writ of execution
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When is bank garnishment an appropriate measure?
- Bank garnishment is usually a last resort when earlier attempts to collect outstanding debts have failed. If, after repeated payment requests, reminders, and demands, you still do not receive payment, bank garnishment 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 an enforcement order.
Note: bank garnishment is a severe measure and is generally only considered after other, less intrusive steps have been tried.
What is the difference between conservatory and executory attachment?In the case of conservatory attachment is levied by the bailiff on your assets or bank balance in advance to prevent you from giving away or hiding the money. This happens before the judge issues a ruling. It is purely intended to provide security, so that later – when the judge rules that you indeed must pay – there are still means to settle the debt.Enforcement seizure on the other hand only takes place after a judgment or writ of execution has been issued. Now the bailiff can actually collect your money or goods to pay the outstanding debt.
- In short:Prejudgment seizure:
- before the judgment, to ‘preserve’Enforcement seizure:
after the judgment, to collect
This tells you exactly when and why such a seizure is used – an important distinction for anyone dealing with debt collection.
Can you have a bank levy imposed yourself?
No, it is not possible to impose a bank levy yourself. Only a bailiff is allowed to do this, and only after there is a court judgment or a writ of execution. So you cannot, on your own initiative, go to the bank to have a levy placed on someone’s account. This always happens through the official legal route.
Amicable or judicial collection: how does it work?
Collecting money from a debtor often takes place in two stages: the amicable and the judicial phase.
Amicable collection: a first attempt
In the amicable phase, an attempt is made to collect the outstanding claim without court intervention. Think of friendly reminders, reminders by letter or phone, and sometimes the possibility of a payment plan. This approach is accessible, generally faster, and reduces costs. The goal is always to reach a solution together that both the creditor and the debtor can agree on.
Judicial collection: when there is no other way
Does the amicable approach yield nothing? Then the case can be submitted to the court. In the judicial phase, an official judgment is requested. This gives a bailiff more powers: for example, he can seize income, possessions or—as you saw earlier—the debtor’s bank balance. Keep in mind that court proceedings usually take longer and involve additional costs, but the chance of actual payment increases significantly.
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How does bank attachment work?
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The bailiff sends an attachment order to your bank.
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Your bank blocks the balance that is available at that moment.
The amount goes to the bailiff and is deducted from your debt.What happens after the attachment?The blocked amount then remains on hold in your account for at least 4 weeks. During this period, you cannot use the money. Is the balance high enough to settle the entire debt? Then the amount will be transferred after this period to the bailiff.If the amount is not sufficient, then (part of) the debt remains outstanding and the
bailiff
can take further steps.
⚠️ Important: 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 is by the bank frozen 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 of the garnishment.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 impose a new levy for a new balance.How long does a bank levy last?You are probably wondering: how long are you stuck with such a freeze? The duration of a bank levy varies. Usually the levy lasts a few weeks, but sometimes the process – depending on legal steps or objection procedures – can take a few months.
Note: if there is a difference in the type of levy (such as conservatory or executory), the handling is sometimes more complicated and it can therefore take longer. So it depends on your situation, the speed of the bailiff, and whether, for example, an appeal is filed.
In practice, you will hear from the bank when the levy stops or the blocked amount has been transferred. Until then, that portion of your money is not freely available.How does a bank levy on savings work?
Not only your checking account can be affected by a bank levy—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 is, just like with the checking account, transferred to the bailiff to pay off (part of) your debt.
Note: the levy has direct consequences for your entire bank balance, including savings you have set aside. You generally will not receive prior warning of this. Your savings are therefore not automatically protected against a levy, and the entire available amount can be seized.How does a bank levy work for business accounts?With a business account, bank garnishment works almost the same way as with a personal account. As soon as the bailiff
- imposes a garnishment, 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 daily operating expenses.
- This can have major consequences for your business:
- Ongoing payments to suppliers cannot go through.
Employee salaries may be at risk.Other fixed costs and obligations suddenly become difficult to handle.SMEs and self-employed entrepreneurs in particular quickly notice what such a freeze means. Cash flow stalls immediately, which can even jeopardize your business’s continuity.Dealing with a looming bank garnishment? 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
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wage garnishment
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,
where the garnishment exemption threshold applies, there is no automatic protection with a bank levy.This means that your entire balance can be withheld.As a result, you could suddenly be without money for rent, groceries, or healthcare.
👉 However, you can ask the court or bailiff for a
exempt amount,
especially if you can show that otherwise you cannot meet your basic needs.
What is the protected amount?
- With a bank account garnishment, there is in principle no standard protected 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 meet your basic needs. This amount is also called the protected amount. Its level depends on your personal situation—such as your household composition and income. This prevents you from being left completely without funds for essential expenses.
- Can you demonstrate that the bank account garnishment leaves you unable to cover your necessary living costs? Then request the bailiff or the court right away to release an amount. This prevents you from, for example, having no money left for rent, groceries, or medical expenses.
- What amounts apply as the protected threshold for different household situations?
- The level of the protected threshold depends on your household situation. As a guideline, the following monthly amounts apply roughly in 2024:
Are you single? Then the protected threshold is approximately €1.873.
For a single parent, the amount is around €2.016.
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If you are married or cohabiting 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 protected threshold has been set correctly.
What can you do in case of a bank account seizure? -
Check whether there
a judgment -
is
Without a judgment or enforcement order, no seizure may be made. -
Request an itemized statement
The bailiff must explain to you what amount has been seized and why. -
Submit a request for an exempt amount
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 attachment is lawful and, if necessary, file an objection with the court.Alternatives to bank attachmentBefore actually proceeding to bank attachment, fortunately there are other options that are less intrusive. Often these solutions can be arranged more quickly, more cost-effectively, and with less stress for both parties. - Amicable collection
In the amicable phase, attempts are made to achieve payment without going to court. This is done by reminding the debtor politely but clearly of their obligations, for example through payment reminders, phone 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 assetsSometimes it is possible to sell assets yourself and use the proceeds to pay off (part of) the debt. This prevents seizure later, for example by a bailiff.
Mediation or debt counseling
There are organizations such as
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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 relief loan.
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By seriously considering these alternatives and taking timely action, it is often possible to avoid having to resort to the drastic measure of a bank levy.Real-world examples
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Example 1 (energy bill): A consumer received a bank garnishment of € 1.200. It concerned a time-barred debt. After 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 filed a request, after which € 500 was released to pay rent and groceries.
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Example 3 (debt collection agency):
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A debtor received a bank garnishment while a payment arrangement was already in place. The garnishment was wrongly imposed and was 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.
📑 Check whether the claim is correct and not time-barred.
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💶 Ask the bailiff for a protected amount.
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⚖️ Submit a defense if the garnishment is unjustified or too high.
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📝 Seek legal assistance to file an objection.
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Common mistakes
Thinking that bank account seizure is always legal.
Not taking action, causing the money to be permanently debited.
Not requesting a protected amount.
Thinking that bank account seizure works the same as wage garnishment (it does not).
Frequently asked questions (FAQ)
1. Can a bailiff just empty my account?
Only with a court judgment or enforcement order.
2. Can I get my money back after a bank account seizure?
Yes, if the seizure was wrongly imposed or if too much was withheld.
3. Does the seizure-free threshold also apply to a bank account seizure?
No, there is no automatic seizure-free threshold. You must raise this yourself.
4. Can the bailiff impose a bank account seizure again?
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Yes, as long as the debt remains outstanding, this can happen multiple times.5. What if my salary is deposited right after the seizure?
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A bank account seizure only applies to the balance that was in your account at that moment. Later deposits are not covered.
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Why Arslan Advocaten?
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Specialized in
bank account seizures and defense against bailiffs
Help with applying for an exempt amount
