Is it possible to seize a salary account due to debts?

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20.01.2022
Law Services - Is it possible to seize a salary account due to debts?

Is it possible to seize a salary account due to debts? Is it legal? As a rule, credit institutions may apply for enforcement of debts by obtaining writs of execution.
A notary’s writ of execution is a notary’s order to recover sums of money or recover property from a debtor, made based on documents establishing the debt. Such an inscription is made on the documentation confirming the existence of the debtor’s obligations, for example, on a notarized loan agreement. Then the executor decides on the seizure of property (funds) of the debtor or the description and seizure of property (funds) of the debtor.
Seizure is imposed in the amount of the penalty, taking into account the enforcement fee, the costs of enforcement proceedings, fines, and the basic remuneration of the private executor for all the debtor’s property or individual items. About the loan and enforcement proceedings, it is necessary to find out which enforcement document is being executed by the executor. To do this, you need to contact the body of the state executive service or the private executor who opened the enforcement proceedings.
Is it possible to collect money from wages?
The Law of Ukraine “On Enforcement Proceedings” stipulates that recovery from the debtor’s salary, pensions, scholarships, and other income, if he has no funds in accounts with banks or other financial institutions, no property to cover the amount of recovery, as well as in case of execution of decisions on a collection of periodic payments. The executor shall issue a resolution on the recovery of wages, pensions, scholarships, and other income of the debtor, which shall be sent for execution to the enterprise, institution, organization, individual, individual entrepreneur who pays the debtor wages, pensions, scholarships, and other income.
Some grounds give the right to cancel the writs of execution of notaries through the court. Including:
failure to notify the debtor of his debt (in writing 30 days before the execution of the writ of execution);
overdue debt claims (more than 3 years have passed since the right of claim under the debt document arose);
unreasonably accrued interest on the loan;
lack of the original notarized loan agreement.
Therefore, in case of non-compliance of the writ of execution with the requirements of current legislation, it is necessary to apply to the court to appeal the notary’s writ of execution and recognition of the notary’s writ of execution as unenforceable.