The bank has seized my assets. Can I recover my money?

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The bank has seized my assets. Can I recover my money?

Even if it is highly unusual, sometimes the administration of Justice goes fast. Especially when they want to collect outstanding debts, leaving many people´s bank accounts at zero as soon as their wages or other incomes are paid.

This also happens with the benefits, which are not legal to seize when the amount is equal or less than the minimum professional salary. The Law Court gives the order because they do not have to know the origin of the money. They only see a positive balance in the bank account, they don´t bother with further enquiries. And in spite of the popular belief, there are things one can do, once it happened. You can get back at least the minimum salary, or even the whole amount taken.

So, what can one do?

First, as soon as you are informed that your account has been seized, you must submit a written document to the Law Court (you will need a lawyer for this) demonstrating that the account balance is equal to the minimum salary or it is a benefit, which cannot be seized. You will probably need to attach to this document bank account statements from the same dates and any other document that can prove the origin of the money. In any case, it is important to have a different account for your salary. This will make it simpler to prove the origin, not mixing it with different amounts or concepts.

If the seizing of the assets has been already executed, we can apply, in the same way, for the amount taken to be given back. It is very likely that the money will not be refunded very quickly, but if you are able to prove the origin of the money, they will have to give you the money back. Nevertheless, we must make a note that seizing of assets is usually not permanent, it happens in a certain moment and involves a certain amount which means we can act the rest of the time.

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