Seizure of bank account?


Questioner

Last week our bank account was blocked by seizure of the company C. that collects the municipal taxes for our municipality. However, we paid a monthly amount. The writ states an incorrect amount that is still outstanding. The last term will be paid on December 20th (€235.00). There are also amounts from previous years, while all taxes have been paid. How can we undo this seizure and is what C. is doing lawful?

Lawyer

I understand that this can be a very stressful situation. First of all, it is important to know that if a party has seized property and you do not agree with it, you can start a procedure in court to lift the seizure. This is called summary proceedings. You can try to resolve the situation informally before going to court. For example, you could gather proof of all taxes paid and send it to the collection agency with a cover letter. Explain that there has been a misunderstanding and ask them if they are willing to lift the garnishment. If you cannot reach an agreement and decide to start summary proceedings, it is essential that you seek legal assistance as soon as possible. It is usually not easy to conduct summary proceedings on your own. As for whether what the company is doing is legal, it is difficult to say without knowing all the circumstances and documentation. They have the right to seize if they can prove that there are still outstanding debts. However, it also depends on what exactly went wrong - for example, if there was a mistake in calculating the debt, or if they did not follow the correct procedure when seizing. I hope this helps. The best advice I can give is to seek legal advice as soon as possible. A specialist lawyer or attorney can help you work out your options and explain your rights in this situation. Good luck! --------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.

Neem de volgende stap

Blijf niet rondlopen met vragen over je situatie. Stel je vraag en krijg persoonlijk antwoord van een ervaren jurist.
Privacy is gewaarborgd.