Kihagyás

My bank account has been collected, what can I do?

The deposits made by a judgment debtor with a payment service provider may be subject to attachment. From the moneys deposited by natural persons with payment service providers the part that is in excess of 200 000 Forint may be subject to attachment without limitation; from the rest of such deposits

fifty per cent of the part that is between 60 000 Forint and 200 000 forint,

i.e. no more than 70 000 HUF may be subject to attachment (vht. 79/A §).

From the moneys deposited by natural persons with payment service providers the part that does not exceed 60 000 Forint shall be exempt from attachment. If the subject of enforcement is to collect child support or childbirth-related costs, fifty per cent of the above-specified amount may also be subject to attachment.

If the bank carrying out the deduction performs, despite of the provisions of the law, any payment from the judgment debtor’s funds which are exempted from enforcement, the bank shall be held liable for such exempted sums and shall compensate the judgment debtor accordingly. According to the legal regulations, in the case of a possible deduction of an amount that is exempt from deduction – at the debtor’s request or voluntarily – the bank is obliged to refund it to the debtor immediately, at the same time, the bailiff is not responsible for the overdraft, as he has no knowledge of the amount deducted from the given account by the bank handling the account. (Vht. 79/ E. §)

We inform you that the debt collection is a claim against an amount in a bank account, the independent court bailiff does not know the legal title of the transfer of an amount to a bank account, nor is he entitled to know it (so he does not see that the amount in the bank account comes to the bank account as, for example, CSED, pension, alimony, salary, or gift, etc.

We draw attention to the fact that independent bailiffs are not empowered to decide on the withdrawal of debt collection. In all cases, a court decision or the written consent of the the judgment creditor is required.

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