In the event of an account seizure, the seizure protection account protects a basic amount for living expenses. How the conversion works and when the allowance can be increased.
If a checking account is seized, the bank is no longer allowed to freely dispose of the credit. Rent, electricity and purchases can then suddenly no longer be paid. In order to secure the subsistence level, the legislature created the seizure protection account, or P account for short.
However, protection does not arise by itself. Those affected must take action - and should know which amounts are protected and how the protection can be adapted to their personal situation.
How an account seizure works
The prerequisite for an account seizure is usually an enforcement order, such as an enforcement order or a judgment. On this basis, the creditor obtains a seizure and transfer order from the enforcement court, which is served on the bank. Public bodies such as tax offices can issue a seizure order themselves under certain conditions.
The credit is blocked from delivery. However, the bank is not allowed to pay out the seized amount to the creditor immediately, but must first observe a statutory waiting period. Those affected can use this time to set up seizure protection.
Conversion of the current account into a P account
According to Section 850k ZPO, every natural person can request that their credit institution maintain an existing checking account as a seizure protection account. The bank must comply with this in the short term. The conversion is still possible even if the account has already been seized; If it is done in a timely manner within the waiting period, the protection also covers the credit that has already been blocked.
- Each person may only have one P account; this must be insured to the bank.
- A joint account cannot be managed as a P account. Those affected need an individual account.
- The account number and the other contractual conditions remain fundamentally unchanged.
- According to case law, the bank may not charge a higher fee for operating a P account than for a comparable current account.
Basic allowance and increase
A basic allowance is automatically protected on the P account per calendar month. The account holder can use this credit despite the seizure, i.e. make transfers, have direct debits honored and withdraw cash. The amount of the exemption is based on the statutory seizure exemption limits, which are adjusted annually. The currently applicable amounts are officially announced.
The basic allowance is often not enough, for example if there are maintenance obligations. In these cases it can be increased. To do this, the bank must be presented with a certificate, which can be issued by, among others, the following bodies:
- Recognized debtor and consumer insolvency advice centers
- Social benefit providers and family funds
- Employer
- Lawyers and tax advisors
In particular, statutory maintenance obligations, child benefit and certain social benefits can be taken into account. If a certificate cannot be obtained or if the certified amount is not sufficient in an individual case - for example in the case of a higher wage income that is not subject to garnishment - the enforcement court can set a different exemption amount upon request. In the case of seizures by public creditors, their enforcement agency is responsible.
Don't lose sight of the seizure itself
The P account secures ongoing living expenses, but does not eliminate the seizure or the underlying claim. It is therefore worth checking whether the claim is justified and whether it amounts to the amount claimed. Legal remedies are available against errors in the enforcement process. If the claim exists legitimately, an agreement with the creditor - such as payment in installments - can lead to the seizure being suspended or lifted. If you have multiple creditors, debt counseling often makes sense.
Conclusion
The P account is an effective instrument for remaining able to act in the event of an account seizure. It is crucial to apply for the conversion quickly and have the allowance adjusted to your own circumstances. Which amount is protected in each individual case and whether action can be taken against the seizure depends on the personal circumstances and the underlying claim.
Frequently asked questions
Yes. The right to maintain the current account as a P account exists regardless of whether there has already been a seizure. Whether a precautionary conversion makes sense depends on your personal situation.
The basic allowance is based on the statutory seizure exemption limits, which are adjusted annually and officially announced. In the case of maintenance obligations or certain social benefits, it can be increased by a certificate.
A joint account cannot be managed as a P account. However, the account holders can each set up an individual account and have it managed as a P account. The law provides for a transitional regulation so that balances can be transferred to individual accounts in a timely manner; This requires rapid action.
