Bank account
enforcement activities

Bank account
enforcement activities

Did you forget to pay a bill, parking ticket, incorrectly calculated the tax or are late with a loan repayment? As a result, your bank account may be seized. If you find yourself in such a situation, read the information below and find out what you should do to release your account from any enforcement titles as quickly as possible.

FAQ

  • An enforcement authority (e.g. a court enforcement officer, by the head of the tax office, the director of the Social Insurance Institution) may seize your bank account. This means that such an authority acquires the right to manage your account to the extent specified in the enforcement title.

    Then the enforcement authority sends the bank a notice of the enforcement seizure along with the amounts of the liability, and the bank must carry out such a seizure, i.e. transfer your funds.

    The execution of the seizure is the responsibility of the bank resulting from the provisions of law:

    • of the Code of Civil Proceedings (Articles 889-893) - court enforcement where the account is taken by a court enforcement officer
    • the Act on enforcement proceedings in administration (Articles 80-87) - administrative enforcement in which the account may be seized, e.g. by the head of the tax office, municipality, the director of the Social Insurance Institution (ZUS)

    The blocked amount on your account may differ from the amount indicated in the notice of seizure of enforcement because the bank adds interest and fees due to the enforcement authority.

    The notification of the enforcement title on an account can also be sent to other banks where you hold accounts. As a result, this means that you can have amounts blocked on your account at Bank Millennium, but also at other banks.

  • On the basis of the notice of seizure, we block the amount needed to repay the seizure. If there are sufficient funds on one account, we will block the amount only on this account. If the amount needed is on several accounts, we have to block it. And if you don't have the money to pay off the seizure, we'll have to block all bills.

    The enforcement authority may indicate a specific account to be seized, then only this account will be seized, otherwise all your accounts are subject to seizure.

    The bank blocks funds above the amount free from enforcement (does not apply to business accounts and maintenance seizures).

  • We enforce account seizures immediately after 7 calendar days from the day following the delivery of the enforcement title (not applicable to alimony activities).

    The transfer of funds by the bank to the enforcement authority after 7 calendar days applies only to the first transfer under the new notice of seizure. Subsequent transfers related to the same attachment title are made immediately, after the funds are credited to the account, until the total amount of the attachment is repaid.

    If you want us to transfer the money to the enforcement authority sooner, please place such an order in the bank.

    If you have money on the bank account with the seizure, and the bank has not yet completed the seizure, it means that 7 days have not passed since the date of delivery of the notice of seizure to the Bank. After this date, the bank immediately transfers the funds to the account of the enforcement authority. The exceptions are alimony seizures (carried out immediately) or the situation of simultaneous enforcement titles and the lack of funds to cover all titles.

  • The enforcement authority provides a notice of the seizure of the account by the OGNIVO electronic system. When we receive such notice of attachment, we have a legal obligation to block your accounts.

    It may happen that an enforcement lock on accounts is imposed before you receive the seizure documents sent by post by the enforcement authority.

  • Log in to Millenet

    In the details of the invoice you will find information about the seizure, and in it: the reference number and amount of the seizure, the name of the enforcement authority and the amount of the remaining amount free from seizure.

    Contact a branch or a helpline consultant

    If there is a seizure on your account, the bank employee may provide you with the reference number of the document and information about the enforcement authority. You will be able to contact the enforcement authority directly and arrange the details. You will find the contact details of the enforcement officers online.

  • Once the bank receives the enforcement title notification, you have 7 days to appeal against the enforcement title.

    If the enforcement authority does not suspend the enforcement, the bank must transfer the amount specified in the enforcement title if:

    • there are funds on the seized personal account that exceed the amount exempt from seizure or if it is an alimony seizure
    • there are any funds on the seized company account, because in this case amount exempt from the seizure does not apply
  • If several different enforcement authorities seize funds on a bank account, we are dealing with the so-called coincidence of an execution.

    The bank then notifies the enforcement authorities of the overlap and, as a result, the funds are transferred to the authority which, in accordance with applicable law, is competent to conduct joint enforcement.

  • The amount exempt from seizure

    Even if your account is seized, you can still benefit from the so-called seizure-free amount, which only applies to personal accounts (collectively, not individually).

    The amount of the exempt amount is 75% of the minimum wage for an employee in the so-called full-time work. As at 1 January 2022, the exempt amount is 2 257.50 PLN.

    The free amount is not payable in the event of seizure of a company account and seizure due to unpaid alimony. We will make the free amount available to you at the beginning of each month, but the unused portion will not be transferred to the next month.

    You can spend the free amount on whatever you want. However, if you want to transfer the free amount to the enforcement authority, you must submit a declaration to the bank. The same is true if you want to make a seizure from an account overdraft, because we normally use funds on an account, but we do not use the funds credited to you within overdraft limit.

    Other titles you can withdraw from the seized account:

    • statutory benefits exempt from enforcement
    • cash benefits paid from the Alimony Fund
    • family benefits, family benefits, nursing benefits, childbirth benefits, for full orphans, for caregivers
    • social assistance benefits
    • child benefit

    We will make your benefits available for payment if they are clearly marked and paid from the accounts of social institutions.

    • alimony – in the event of account seizure you can also withdraw the funds you receive for alimony. All you have to do is report it to us by presenting the final court judgment.
    • funds for the payment of which the enforcement authority agreed and notified the bank about it.
  • Your VAT account may be seized by the administrative enforcement authority (the head of the tax office, the director of the Social Insurance Institution) pursuant to art. 62b paragraph. 2 point 2 of the Act of August 29, 1997 Banking Law.

    The seizure from such an account takes place last, due to the special-purpose funds deposited in it.

  • This situation means that the bank has not yet received the notification on the completion or lifting of the enforcement. Without receiving a notice directly from the enforcement authority, we cannot unblock the account. In order to clarify the matter, contact the enforcement authority conducting the proceedings.