What protections for the debtor in the case of foreclosure of the current account where an already foreclosed pension flows?

 

If the debtor is already attached to the fifth and his current account is debited where his only pension is conveyed, is there any particular rule?

 

The law (with article 545 of the code of civil procedure) states that in the case of credit on bank or postal current account held by the debtor, the pension can be attached only for the amount exceeding the triple social allowance.

Therefore, seizing the current account on which the debtor’s pension is credited, the bank should, by law, leave on the current account the amount of the last pension paid (at least up to the event of 1,500 euros, or triple the allowance) that we hypothesize, for convenience, equal to 500 euros).

No particularity foreseen if a 20% already foreclosed pension is credited to the current account, unless you have time, desire and, above all, financial resources to invest in a judicial battle (to be brought up to the Court of Cassation) to establish a principle of law sacrosanct, that according to which, if the debtor’s current account is destined to the accreditation of a pension already foreclosed, it is unjust to punish the debtor subject to executive action with a substantial double foreclosure.

According to the established case law of legitimacy, in fact, … when the attaching creditor submits an attachment to an existing bank where the debtor has a current account and which also receives the salary payments (or pension) the debtor’s credit that is attached is the credit to the repayment of the sums deposited which is entitled to the current account. Therefore, the reasons why those sums have been paid into that account are totally irrelevant: money is a good fungus par excellence.

Moreover, for the sake of truth, it must also be said that the effects of the attachment of a current account, where the debtor’s pension meets executive action, have already been largely mitigated by the recent measures adopted by the legislator, finalized, as reported in the first part of this answer, to limit the attachment to the sums deposited in excess of the triple social allowance.

 

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