Blocked bank account: what is it?
A blocked bank account is an account on which some or all usual operations (withdrawals, transfers, payments) are temporarily or definitively suspendeddue to an administrative, judicial or contractual measure. This means that the holder can no longer freely access his funds.
Why can a bank account be blocked?
Current account blocked by the bank in the event of a bank incident
A bank account can be blocked at the request of several stakeholders. The main reasons for such an operation are then as follows:
- After entering a erroneous code three timesa bank account is blocking automatically for 48 hours. After this period, unlocking is automatic.
- Following the program without provision, the account of a holder can be struck a banking ban. It concerns all accounts, including those held in other banks.
- Parents opening a bank account for their minor children can ask the bank to block their access to the majority for security reasons.
Gelled account by court decision
A Unhappy debt or payment defect May lead to attachment to a judicial decision. This situation must be reported by a bailiff to the account holder (to each holder in the case of a joint account) and to the establishment with which the account is domiciled. The account is then blocked for 15 days in order to calculate the seizable amount.
Account blocked by taxes
The taxman can use a third party holder (ATD) notice to recover sums due for the payment of taxes (late penalties, increase, etc.). Before launching this procedure, the public treasury must Prevent the taxpayer By mail. Once the situation has been settled and the debt paid (or an additional period obtained), the account can operate again.
Despite the notice to third party holder, the taxpayer must have an elusive banking balance equivalent to the amount of the RSA.
Savings account or blocked current following a death
In the event of a customer’s death, the bank must apply protective measures And block your individual or undivided bank account (current accounts), as well as all the assets left by the deceased (savings booklets, PEA, securities, etc.). If the deceased also had a trunk at the bank, access to this trunk is also blocked.
Case of the joint account in the event of death
If the current accounts and the savings accounts of a deceased are blocked during the treatment of the succession, the surviving spouse will have Always access to the joint accountunless the heirs oppose it.
How does a blocked account work in a bank?
Bank account in opposition: the elusive balance
Whatever the amount of the sums claimed, an elusive banking balance of 646.52 euros (Amount 2025 of the RSA for a single person) must remain available. The SBI is automatically protected, without the holder needing to request it, but it is only applicable once a month and for a single account.
This means that whatever the amount claimed by a creditor, the bank must imperatively leave this amount available on the account in the 20 days Depending on the seizure, provided that there is still this credit amount.
Money withdrawal and impossible transfer
As long as an account is blocked, the holder cannot perform No banking operation : no withdrawal, no transfer, no payment (CB, check, withdrawal). All operations are suspended, including automatic transfers or wage domiciliations, with the exceptions provided for by law (payment of social assistance, family benefits, etc.).
Can a bailiff block a bank account without warning?
A possible operation
A bailiff can block a bank account without notifying its holder to recover unpaid debts or to guarantee payment in the event of a dispute if it has the necessary documents:
- a injunction order to pay ;
- or a conservatory entry order from a court.
Once the account is blocked
However, once the account is blocked, the bailiff is required to notify the holder of the account of this operation in a eight -day period specifying:
- information on debt or dispute;
- possible appeals.
The account holder then has the possibility of contesting the seizure or negotiating a settlement with the creditor to unlock the account.
Can we receive a transfer to a blocked account?
A blocked account can receive a transferbut that does not guarantee that the holder can use the funds received. It is therefore important to quickly contact your bank to find out the scale of the blocking and, if necessary, provide a new RIB to redirect incoming payments to another account.
What is the maximum duration of a blocked account?
There is no single or universal duration, because blocking can be administrative, judicial, contractual or linked to a personal situation (death, inheritance, fraud, etc.).
Account blocked following a bank, administrative or judicial entry
In this situation, the account is blocked Until the full payment of the debt or the measurement of the measurement. The account remains blocked at most 15 days for the calculation of the elusive banking balance (SBI), then completely or partially accessible depending on the case. If the debt is disputed, the procedure may last several weeks, even months, until judgment.
Deadline for unlocking a bank account when the holder’s death
The account remains blocked until the settlement of the succession. It can last a few weeks to several monthsdepending on the complexity of the file, the presence of a notary and the number of heirs. No movement is authorized, except payment of funeral fees within the limit of 5,000 euros.
Blocking for suspicion of fraud or abnormal use
In the event of suspicious activity, there is no legal fixed period, but the blocking is temporary Until verification. The bank is required to act with diligence and respect the right to account. The duration varies from a few days to several weeks. In the event of abuse, the customer can enter the banking mediator or the Banque de France.
Contractual blocking (fenced account, inactivity, banking prohibition)
The account is blocked definitelybut the customer can recover the remaining funds. If necessary, the bank must leave the active account for consultation for five years (prescription of bank statements), but operations are prohibited.
How to recover money from a blocked account?
The procedure for removing the money present on a blocked bank account depends on the nature of the blocking. In any case, this requires lift the cause of blockingto make an official request or to go through a supervised procedure.
In the event of administrative or judicial seizure
If the account is blocked following an opinion to third party holder issued by the taxman, a attribution or bankruptcy seizure, then the money can be recovered in all or part by setting the debt claimed : The entry is lifted automatically or after request to the administration or the creditor.
In the event of a blockage for the death of the holder
The account is frozen until the settlement of the succession. To recover the sums present, the heirs must present supporting documents. The payment of funds is done via the notary, or directly by the bank if the succession is simple. No operation is possible as long as the inheritance situation is not regularized.
In the event of blocking by the bank (fraud or internal procedure)
If the bank has blocked the account for suspicion of money laundering, fraud or fraud, activity deemed suspicious, etc., you must Contact your bank advisor immediatelyor even the compliance service of the bank. Once the situation is regularized, the bank can release funds, partially or completely.
In case of account closure or banking ban
If your account has been closed (at your request or that of the bank), you can recover the remaining funds by providing a new RIB to the bank or by removing cash in certain cases, before final fence. Another option: postal transfer or check if you are banking banking.
How to unlock a blocked bank account?
Identify the origin of the blocking
First, it is essential to identify the exact origin of the blocking of your bank account. This information can be communicated to you by your bank (via mail, customer area or advisor), by the administration (tax, bailiff) or by a judicial or notarial decision. You can then take the necessary steps.
Account blocked following a debt
If the account is blocked by justice at the request of a third party or that it is subject to an ATD procedure, the only solution is to turn off the debt to recover the full availability of the account. If the entry does not allow the arrears to be adjusted, the best is to Negotiate a payment schedule On the sums remaining to cover.
Account blocked following a succession
In the event of the holder’s death, his individual account will remain so until the notary has Treaty La Succession. The opening of a blocked account in the event of death gives rise to the distribution of the sums of money held on the account. In the case of a single heir, no notarial act is required, which simplifies the procedures.
It will then be necessary to bring the necessary documents Provising that the procedures related to the succession have been processed in order to reopen the bank account.
Account of a blocked minor
If the account is blocked for the protection of the minor at the request of the parents or the beneficiaries, the restricted access to the account will be automatically lifted when the minor will have reached the age of majoritywithout any particular formality. It is enough for him to provide an identity document, proof of address and possibly sign an update of the file.
Account blocked following judicial liquidation
In the event of compulsory liquidation, the bank account is blocked by the bank. The objective is to prevent any movement on the debtor’s assets in order to allocate them to the reimbursement of creditors. In this case, remaining funds are transferred directly to the liquidatorwhich then manages the distribution.
Case of unlocking an account following a banking ban
Regularize the situation
If the account is blocked following a banking ban, the situation is more complicated. The account unlocking requiressupply the account or negotiate an authorized overdraft to settle what is due. The account holder can also find an arrangement with his creditor and transmit the necessary documents to his bank.
Another possible approach: the account holder can ask his bank to block the amount claimed from due competition as soon as the bank account is sufficiently supplied or find an arrangement with the creditor.
Cancellation of the FCC or the FICP after regularization
When a user is registered in the central file of checks (FCC) due to a banking ban, the bank is held ask for “ deficose »In the ten days worked according to the effective regularization of the situation. In the event of a bank card blocked for abusive use, radiation must be requested within two working days of regularization.
Right to account in the event of a banking ban
In France, people struck banking registered with the FICP or over -indebted have the right to have a bank account reduced to basic operations. This right (article L312-1 of the Monetary and Financial Code) is to be asserted at the Banque de France. We are talking about “right to account”.
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