According to the Code of Civil Procedure, the subject of execution from a bank account is not so much a bank account, but rather the claims of the account holder for the payment of funds accumulated on the account . The account holder is entitled to such a claim only if there are funds on the account.
Only the positive balance is transferred to the credit
In a situation where there is insufficient funds on the account, but the customer has the right to indebtedness, e.g. in connection with unused debit or credit, the funds from the unused negative balance are not transferred to the enforcement authority . In accordance with art. 890 par 1 of the Code of Civil Procedure, attachment of claims from a bank account includes funds that were not on that account at the time of its attachment but were paid later. Neither the title amounts nor the source of origin matter. Any amount paid after the invoice is seized shall be immediately transferred to the credit.
Solutions enabling the debtor to maintain an existential minimum also provide banking law, which guarantees that funds on savings, checking and settlement accounts as well as on time savings deposits are free from attachment up to the amount of three months’ average salary. It is about salaries in the enterprise sector, which are announced by the president of the Central Statistical Office for the period immediately preceding the date of issue of the enforceable title. In February 2014 it amounted to $ 3,856.56. It should be remembered that only natural persons have such privileges during enforcement proceedings. In addition, the limit applies only to one person, regardless of the number of bank account agreements they have signed. Warning! Exemption from enforcement of a specific pool of funds does not apply to maintenance. Article 1083 para. 2 of the Code of Civil Procedure provides that such claims are enforceable in full. It does not matter at whose behalf the debtor was awarded – the children, ex-wife or deprived parents.