EBL Article 89 is the notice system used for the creditor to seize the debtor's receivables from a third party (bank, employer, customer).
Notification Stages
- 89/1 Notice: Sent to the third party (bank); "pay your debt to the debtor to the enforcement file now"
- 89/2 Notice: If the third party does not object within 7 days, 2nd notice; "If you declare that you do not have such a debt, report it within 7 days."
- 89/3 Notice: If no objection is made, it means "your debt is assumed to exist"; the third party pays from his/her own assets
89 Seizure on the Bank
The bank blocks the entire balance in the debtor's account during the notification. The customer is not informed (legal obligation out of confidentiality).
Objection
The third party (bank) may object by declaring to the enforcement court within 7 days that he/she does not have such a debt/receivable. If the objection is justified, the lien will be lifted.
Supreme Court 12th HD Approach
The 12th HD of the Supreme Court adopts that after the notification of seizure notice 89/1, the bank is obliged to seize the "time deposit" accounts and that the blockage should be applied without waiting for maturity.
Debtor's Rights
- Seizure limit of 1/4 in the salary account (EBL Article 83)
- The portion required for minimum subsistence cannot be seized
- SGK and alimony receivables have priority
Enforcement and finance law lawyer support is recommended.