One of your accounts may be blocked. This procedure takes place in several circumstances, find out which ones. And also follow our advice to resolve the situation. Everything you need to know to unlock a blocked bank account and get your money back!
What is a blocked bank account?
Having a blocked bank account means that all or part of the money in your account is frozen. Therefore, you can no longer dispose of the money freely.
However, the bank has an obligation to leave an elusive bank balance in your account so that you can meet your daily needs. This amount corresponds to the equivalent of the statement of active solidarity (RSA). On the other hand, all the sums received from social benefits (family allowances, social minima) cannot be entered.
Note that the bank will charge a fee for processing the file. However, these fees remain negotiable with your advisor.
Possible reasons for a blocked bank account
Account blocked because of a banking ban
Your bank account may be blocked following a banking ban (issue of one or more bad checks, improper use of your credit card, etc.). The blocking can affect all of your current accounts, even those you hold in other financial organizations.
However, be aware that being registered with the Banque de France does not prevent you from having a bank account. Indeed, the right to an account and access to basic banking services remain a right. However, the bank can authorize itself to modify the account agreement and therefore close the account.
Third party payment and blocked account
If you have an outstanding debt and it is the subject of a court decision, your account may be seized. The act is called attribution seizure (formerly garnishment). It is only possible if your creditor has an enforceable title. In this case, the seizure is immediate and the account is blocked for fifteen days, the time to calculate the seizable amount. You do not then have to take any action.
To know : the entry can concern all accounts except securities accounts, except in the case of a specific procedure. On the other hand, part of the bank balance remains non-seizable so that the account holder can meet his daily needs. The non-garnishable sum must correspond to the amount of the active solidarity income.
Account blocked due to non-payment of taxes
If you do not pay your taxes, be aware that the tax authorities can carry out an administrative seizure to a third party holder (SATD). Thus, the Public Treasury asks a third party, generally your bank, to pay the amount due. However, some amounts cannot be recovered. Thus, securities accounts are not affected. And if the account turns out to be in debt, the procedure has no effect.
The SATD procedure consists in blocking the account (s) for fifteen days, the time to encrypt the seizable amount.
To note : since 1er January 2019, this procedure replaces the notice to third party holder, the opposition to third party holder, the notice of seizure as well as the administrative opposition. And since that date, the bank charges applied in the event of SATD are capped at 10% of the amount entered (within the limit of 100 euros).
Account blocked pending succession
On the other hand, in the event of the customer’s death, the bank has the obligation to block the current account as well as other assets such as savings accounts, securities accounts, etc.
If it is an individual account and not a joint account, no withdrawal or deposit can be made from the blocked bank account, with the exception of the funeral costs (after presentation of the invoice by the heirs and within the limit of 5,000 euros).
Account blocking to protect a minor
The bank account of a minor can be blocked at the request of the parents. You should know that a minor can benefit from a bank account provided that the request is made by his parents or guardian.
For security, parents can ask that no withdrawal can be made before the child comes of age. The bank then establishes a blocked account in the name of the minor. She can get the money once she turns 18.
How to unblock a blocked account?
In order to be able to resolve the problem of a blocked account, one must take care of the reason for the blocking. The law regulates these situations but it is possible to negotiate with your bank and debtors to be able to dispose of your money freely.
Conciliation with the tax authorities
If you reimburse the entire amount due to the Public Treasury, your bank account is immediately released.
Remember that you can negotiate with the tax authorities by asking for a deferral of the settlement of your debt, or even a remission.
Please note, if you consider that the sums claimed are not justified, initiate a complaints procedure.
Conciliation with the judicial officer
If your bank account is blocked while waiting for a debt settlement, regularize the situation by paying what you owe. To do this, negotiate with the judicial officer by requesting a staggering of your debt. Your account will then be unblocked.
Lifting of the banking ban
If the account is blocked as a result of a banking ban, the first solution is to pay off your debts. By paying your bills, the banking ban will be lifted within a few weeks.
And if the banking ban is confirmed, know that the filing is automatically lifted after five years. From then on, your name will no longer appear in the central file of the Banque de France.
Manage the unblocking of an account belonging to a deceased person
In the event of death, the release of the account is the responsibility of the heirs or the notary. Please note, each case is unique. And there are delays when the succession turns out to be contentious.
Waiting for your majority
Finally, if the bank account of a minor is blocked for security reasons, it is advisable to wait for the majority. As soon as the account holder is 18 years old, he will be able to dispose of the money in his bank account in complete freedom!
Read also: Free bank account: does it exist?
How to regulate the situation with a judicial officer?
As we told you, you can resolve your situation by paying the amounts owed, if this is the cause of the blocking of your current account. A bailiff can help you do this, in particular by offering you a reasonable deadline for all parties. This does not prevent you from asking yourself several questions, such as: can the bailiff’s report help me unblock my bank account quickly? Which bailiff should I contact?
Regarding the choice of the bailiff, you will have no choice but to contact the one who manages your file. If there is no assignee, you can therefore use the one of your choice.
Once you have contacted the bailiff, you will be able to request a release to temporarily unblock your account and resolve the situation. Normally payment will be requested by bank transfer. Please note, you will also have to pay the bailiff fees.
If that does not work, justice will ask for a seizure. Please note, your current account cannot end at zero. There is an Elusive Bank Balance (SBI). The amount is € 559.74. Also note that you will not be able to see the following samples taken:
- your medical reimbursements
- social minima
- family benefits
- solidarity income