The bank withdraws the entire salary from the salary card. Can a bank withdraw money from a salary card for a loan? The bank withdraws all the money from a salary card

When a loan is overdue, we immediately ask the question: “Can the bank withdraw money from a salary card for a loan?” After all, there is a possibility of being completely left without money.

Under what circumstances can a bank withdraw money from a salary card for a loan?

If you do not pay your monthly loan installment on time, you may notice that funds are debited from your salary card. This is possible in the following cases:

• The loan and salary card belong to the same bank. This is how Sberbank issues a loan to clients when issuing a salary card. There is a clause in the loan agreement that states that money will be debited from the main card monthly to repay the loan
• If the loan was not repaid, the bank went to court. Only a court order orders funds to be withdrawn from a debit card to a credit card. At the same time, salaries and loans can be processed in different banking settings.

What funds cannot the bank withdraw from a salary card for a loan?

Unfortunately, not all borrowers are aware of what money cannot be written off even with a court decision. Often, social benefits (child benefit, alimony, regression) are credited to the salary card and under no circumstances can they repay the loan debt. But the bank is not interested in what kind of money it is and it simply withdraws it. In this case, you need to contact the appropriate authorities, where they will confirm the social benefit and resort to the help of the court with this document.

According to Article 99 of the Law on Enforcement Proceedings, it is not possible to withdraw money in the amount of more than 50% of the credited amount. So, in any case, finances remain for subsistence.

What to do if money is written off from a salary card to a credit card?

There are many cases when withdrawal of money is a sudden surprise for a person. This is due to the fact that the borrower is not familiar with the complete agreement document.

What can be done in this case?

• 1. Conclude a conditional agreement with the bank on debt restructuring, this will help reduce the monthly limit. Not 50%, but 20-30% will be withdrawn from your salary; naturally, the loan repayment will take longer.
• 2. Write a statement to the manager of the enterprise asking for the salary to be paid in person. But it will not be easy to terminate the agreement with the bank on transferring salaries to the card, since the bank is absolutely not interested in this.
• 3. You can file a counter-claim to the court, no matter what the funds are withdrawn from the debit card. This method is unlikely even when compelling facts are presented (large family, disabled parents), especially if the loan agreement contains a clause on automatic withdrawal of money to pay off the debt.

Of course, it’s better not to start legal proceedings with the bank (they rarely give a positive result), but to try to come to an agreement. There is a high probability that the bank will make concessions and reduce the write-off limit.

Under any circumstances, try to consolidate the debt in a timely manner, and if this is not possible, then use the advice in order to know the rights of the borrower and save your honestly earned money.

If such a clause is not there, then these actions of the financial institution are considered illegal and can be challenged. If everything is pre-agreed, then you can contact your employer’s accounting department with a request to transfer wages to the card account of another bank. Situations arise when the bailiffs do not clarify the nature of the cash receipts and the write-off occurs unlawfully, but you can challenge the court’s decision. This can also be done if the debt was repaid before the seizure was imposed. To do this, you need to provide documentary evidence that these actions were taken unreasonably. These may be receipts for receipt of money or payment of penalties, orders or certificates of accruals from relevant social authorities. After consideration of the appeal, the money will be returned.

Can a bank withdraw money from a card to pay a loan?

Debt obligations to the bank may force the financial institution to withdraw the required amount (or all the money, if the required amount is not available in the account) from your salary card.
This occurs in cases where the borrower does not make a scheduled payment for more than 90 days.

Then the money is written off to pay off the resulting debt.

This occurs due to debt to the state (late or non-payment of fines, taxes, etc.) or other persons (alimony).

Info

Legislative justification In order for a bank to have the authority to take such actions, it must have a court decision with specific instructions.

Bailiffs have the right to withdraw no more than 50% of the funds stored on the card account.

Attention

This is indicated by Federal Law #229 “On Enforcement Proceedings”, adopted on 10/02/2007.

The bank withdrew money from the card. Does the bank have the right to withdraw money? What to do if it was your last money and there is nothing to live on.
Does the bank have the right to withdraw “children’s” money? — I took out a loan from the bank where my salary card was issued.
During maternity leave, they began to transfer my children's money to my salary card.
At the same time, the bank withdrew money from the card - towards monthly payments for the loan - withdraws all the children's money.
Does the bank have the right to withdraw children's funds? The bank does not have the right to withdraw “children’s” money from your salary card.
Remember the main thing: if there is no court decision, no one has the right to collect money from you.

Moreover, according to the law, a child benefit cannot be levied even by a court decision.

The convenience and ease of use of such a loan attracts citizens.
However, in case of late payment, the lender debits the required amount from the card account, to which the monthly earnings are credited. Let's figure out how legal such actions are. The first nuance here is the agreement signed by the parties. If there is a clause in the contract about the permissibility of such a move by the financial company, it is not easy to prove that the client is right. However, before withdrawing funds, the structure is obliged to notify the client of the decision made. However, in addition to internal agreements, banks are subject to Russian legislation, and here the rights of such creditors are more limited. Legal regulations state that blocking the borrower’s card and writing off funds from it is possible only after the court makes a decision on forced collection.

Does the bank have the right to withdraw all money from a salary card?

The same rules are posted on the stands of branches of financial groups and are available on banking websites.

Such an entry in the agreement infringes on the client’s rights and is contrary to legal norms.

The law, which is higher than any agreements, allows such agreements to be made only in the event of a court decision, and the total deductions should not exceed 50% of the income received. Rospotrebnadzor also believes that the presence of such clauses conflicts with the Law “On the Protection of Consumer Rights” (N 2300-1. Failure to comply with it, according to the Code of Administrative Offenses (Article 14.8), leads to administrative liability.

What to do? If the card is blocked, you need to contact a specialized bank service and find out the reason.

Can a bank withdraw money from a salary card to pay off a debt?

• Can a bank withdraw money from a salary card to repay a loan without going to court?
• Can bailiffs withdraw money from a salary card?
• Can a bank write off debt from your salary card without a court decision?
• Does the bank have the right to withdraw all money from a salary card?
  • Does the bank have the right to write off the debt from your salary card without a court decision? What to do if this happens?
• Bailiffs withdraw money from a salary card

Can a bank withdraw money from a salary card to repay a loan without going to court? Good afternoon. I receive a salary and service a loan at the same bank.

The bank withdrew money from the card. does he have the right to do this?

If I have arrears, can he withdraw money from my salary card without a court decision on forced collection of the debt? Hello! To repay a loan from a salary card, the bank has the right to charge a certain amount of money only if you have your own written permission to do so and indicate this possibility in the agreement on opening a card account.

It is worth noting that the bank itself, even after a court decision on forced collection, does not have the right to withdraw funds from the salary card.

For this purpose, the Federal Bailiff Service is provided.

It is she who, after initiating enforcement proceedings, collects the debt and initiates deductions of part of your salary to repay the loan.

Can a bank block a salary card for a loan debt?

Important There is a list of sources of income, according to which neither the bank nor the bailiffs have the right to seize money from a salary card.

The bank CANNOT seize (through a court decision) money received on the card as:

• child benefits of various types (including alimony and maternity capital)
• benefits for caring for disabled citizens
• compensation for damage caused to health
• compensation for the loss of a breadwinner
• funds paid in connection with damage caused during the performance of official duties (disability of the employee or his death)
• reimbursement of expenses for travel, purchase of medicines, etc.
• compensation for damage caused as a result of man-made disasters of any kind

If money is withdrawn to pay off a debt for a loan, then this should be stated in the agreement with the bank.

After the court decides to collect the debt from the debtor, the writ of execution goes to the bailiff. The bailiff seizes all bank accounts of the debtor located in all banks of the Russian Federation. After seizure, the account owner cannot perform any actions with the money.

If a salary card is seized, the entire salary will be debited from it to pay off the debt. But according to the law, the bailiff has the right to no more than 50% of the amount of income received.

To restore his rights, a citizen must obtain information about arrests from any bank branch (where the current account is located). This document will indicate the date of the seizure, information about the amount of the seizure, the writ of execution, as well as the bailiff who imposed the seizure.

At the place of work, you must obtain a certificate certifying the fact that you work in this organization and receive wages in a bank account (indicating the account number).

With this certificate you must appear before the specified bailiff during his office hours. When visiting the bailiff, you must ask him to lift the arrest on the grounds that the account is a salary account. A certificate from your place of employment will serve as confirmation of this basis.

In addition, you must write an application for the return of the seized funds, indicating the amount, date of withdrawal and account number.

The arrest from the account is removed within 10 days from the date of filing the application. However, due to the introduction of electronic document management in recent years, lifting the arrest takes a matter of minutes. Within 3-5 business days, the withdrawn amount will also be returned.

Bank actions

In some cases, the creditor bank independently withdraws funds from the accounts of its debtor clients. From the point of view of the law, this is legal only if the debtor works in this bank and receives wages from it.

But many banks include conditions in the texts of loan agreements that allow them to write off amounts owed from a salary card.

If there is no such condition in the agreement, the bank’s actions are unlawful and you can safely file a complaint against it in court or the prosecutor’s office.

If such a condition exists, you can contact the employer with a request to pay wages to the current account of another bank or pay them in cash at the cash desk.

You can try to “negotiate” with the bank by sending it a letter asking to withdraw not 100%, but 50% of the funds received, citing the fact that the bank, through its actions, is depriving the debtor of his livelihood. As a rule, the bank meets halfway and returns half of the funds already withdrawn. In the future, he will withdraw only ½ of the amount of income received. It is more profitable for the bank to receive half the payments than to receive nothing.

Reply from 08/12/2014 18:33

Evgeniya, hello. No, he has no right. Without a court decision, no one can make any deductions from you. The enforcement of court decisions is carried out by bailiffs. And according to the law, collection on child benefits cannot be made even by a court decision. Write a claim and demand to provide the grounds for writing off child benefits. For information, read Article 101 of the Federal Law “On Enforcement Proceedings”, it will come in handy. Article 101. Types of income that cannot be levied 1. The following types of income cannot be levied: 1) sums of money paid for injuries caused to health; 2) sums of money paid in compensation for damage in connection with the death of the breadwinner; 3) sums of money paid to persons who received injuries (wounds, injuries, concussions) in the performance of their official duties, and members of their families in the event of the death of these persons; 4) compensation payments from the federal budget, budgets of constituent entities of the Russian Federation and local budgets to citizens affected by radiation or man-made disasters; 5) compensation payments from the federal budget, budgets of constituent entities of the Russian Federation and local budgets to citizens in connection with caring for disabled citizens; 6) monthly cash payments and (or) annual cash payments accrued in accordance with the legislation of the Russian Federation to certain categories of citizens (compensation for travel, purchase of medicines, etc.); 7) amounts of money paid as alimony, as well as amounts paid for the maintenance of minor children during the search for their parents; 8) compensation payments established by the labor legislation of the Russian Federation: a) in connection with a business trip, transfer, employment or assignment to work in another locality; b) due to wear and tear of a tool belonging to the employee; c) sums of money paid by the organization in connection with the birth of a child, the death of relatives, and the registration of marriage; 9) insurance coverage for compulsory social insurance, with the exception of old-age pensions, disability pensions and temporary disability benefits; 10) pensions in case of loss of a breadwinner, paid from the federal budget; 11) payments to pensions in the event of the loss of a breadwinner from the budgets of the constituent entities of the Russian Federation; 12) benefits to citizens with children, paid from the federal budget, state extra-budgetary funds, budgets of constituent entities of the Russian Federation and local budgets; 13) funds from maternity (family) capital provided for by Federal Law No. 256-FZ of December 29, 2006 “On additional measures of state support for families with children”; 14) the amount of one-time financial assistance paid from the federal budget, budgets of constituent entities of the Russian Federation and local budgets, extra-budgetary funds, from funds of foreign states, Russian, foreign and interstate organizations, other sources: a) in connection with a natural disaster or other emergency circumstances; b) in connection with a terrorist act; c) in connection with the death of a family member; d) in the form of humanitarian aid; e) for providing assistance in identifying, preventing, suppressing and solving terrorist acts and other crimes; 15) the amount of full or partial compensation for the cost of vouchers, with the exception of tourist ones, paid by employers to their employees and (or) members of their families, disabled people not working in this organization, to sanatorium-resort and health-improving institutions located on the territory of the Russian Federation, as well as amounts full or partial compensation of the cost of vouchers for children under the age of sixteen to sanatorium-resort and health-improving institutions located on the territory of the Russian Federation; 16) the amount of compensation for the cost of travel to the place of treatment and back (including the accompanying person), if such compensation is provided for by federal law; 17) social benefit for funeral. 2. For alimony obligations in relation to minor children, as well as for obligations for compensation for damage in connection with the death of the breadwinner, the restrictions on foreclosure established by paragraphs 1 and 4 of part 1 of this article do not apply. Good luck to you! Click "Reply Helpful".