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Q

I am curious about the bank account seizure procedure.

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bank account seizure procedure

A

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If the other party does not pay the money even after you won the lawsuit, you can forcibly recover the claim through the bank account seizure procedure.

Bank account seizure is one of the compulsory execution procedures that freezes the debtor's deposit account and obtains the amount in it. It is stipulated in Article 229 et seq. of the "Civil Execution Act."

First, to seize a bank account, an executory title is required.

That is, there must be a legal basis stating that "the debtor must pay money," such as a final court judgment, payment order, or decision recommending compromise.

After securing the executory title, designate the bank where the debtor has transactions as a third-party debtor and submit a "Claim Seizure and Collection Order Application" to the court.

At this time, the court delivers an authentic copy of the seizure order to the debtor (the person who must pay) and the third-party debtor (the bank).

As soon as the seizure order is delivered to the bank, deposits and withdrawals from that account are stopped, and the debtor cannot withdraw the money.

Then, the creditor can apply for a "collection order" to actually receive the seized amount, and once the collection order is finalized, the bank directly transfers the amount to the creditor.

However, if the debtor has multiple bank accounts, accurate account information must be identified for actual recovery.

In such cases, it is efficient to utilize the court's "asset inquiry system" or proceed with the bank account seizure procedure with the help of an attorney or specialized collection agency.

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