Seizure of a bank account is one of the most drastic measures that a bailiff can take. You log into your bank and suddenly find your balance blocked or vanished. This can have major consequences, such as for paying your rent or fixed expenses.

In this article, we explain what seizure of a bank account is, how it works, what your rights are and what you can do if this leads to problems.

What is seizure of a bank account?

Bank seizure means that a bailiff places a lien on the balance of your bank account.

• The amount is blocked by the bank.

• The bank then transfers the withheld balance to the bailiff.

• This usually happens unannounced: you only find out afterwards.

👉 A bailiff can only seize a bank account if there is a judgement or writ of execution.

How does bank seizure work?

1. The bailiff sends an attachment notice to your bank.

2. Your bank blocks the balance available at that moment.

3. The amount goes to the bailiff and is deducted from your debt.

⚠️ Important: bank seizure only applies to the money in your account at that moment, not to future income.

Do you have the right to a minimum amount?

Contrary to wage garnishment, which has a garnishment-exempt amount, bank seizures do not have automatic protection.

• This means your entire balance can be withheld.

• As a result, you could suddenly be left without money for rent, groceries, or care.

👉 However, you can request the judge or bailiff for a set-aside amount, especially if you can prove that you otherwise cannot provide for your basic needs.

What can you do in case of bank seizure?

1. Check if there is a judgement
   Without a judgement or writ of execution no attachment may be placed.

2. Request a detailed explanation
   The bailiff must explain to you which amount has been seized and why.

3. Submit a request for Set-Aside Amount
   For example for rent or groceries, so you’re not left entirely without money.

4. Check for expiry or errors
   Sometimes it concerns a expired debt or too much has been withheld.

5. Get legal help
   A lawyer can assess whether the seizure is lawful and possibly object in court.

Examples from practice

• Example 1 (energy bill): A consumer received bank seizure of € 1,200. It concerned an expired debt. With defense, the seizure was lifted and he got his money back.

• Example 2 (rent arrears): A tenant saw his entire balance of € 800 disappear. We filed a request which freed up € 500 to pay for rent and groceries.

• Example 3 (debt collection agency): A debtor got bank seizure while there was already a payment arrangement in place. The seizure was wrongfully placed and was lifted after intervention.

Checklist for bank seizure

• 📄 Always request a copy of the judgement or writ of execution.

• 📑 Check if the claim is correct and not expired.

• 💶 Ask the bailiff for a set-aside amount.

• ⚖️ File an objection if the seizure is unjustified or too high.

• 📝 Enlist legal help to object.

Common mistakes

• Assuming that bank seizure is always legal.

• Taking no action, thus permanently writing off the money.

• Not asking for a set-aside amount.

• Thinking that bank seizure works the same as wage garnishment (this is not the case).

Frequently Asked Questions (FAQ)

1. Can a bailiff just empty my account?
Only with a judgement or writ of execution.

2. Can I get my money back after bank seizure?
Yes, if the seizure was unjustly placed or if too much has been withheld.

3. Does the garnishment-exempt amount also apply to bank seizure?
No, there is no automatic garnishment-exempt amount. You have to address this yourself.

4. Can the bailiff place another bank seizure?
Yes, as long as the debt remains open, this can happen multiple times.

5. What if my salary is deposited just after the seizure?
Bank seizure only applies to the balance in your account at that moment. Later deposits are not included.

Why Arslan Attorneys?

• Specialized in bank seizure and defense against bailiffs

• Help in applying for a set-aside amount

• Checking whether seizure has been lawfully placed

• Regular success in lifting or reducing bank seizure

Conclusion

Bank seizure can suddenly block your entire balance, but that does not mean that you are powerless. Always check if the seizure is justified, ask for a set-aside amount and enlist legal help to protect your rights.