Guide · Garnishments and Over-Collection
Bank Account Garnishment — What's Allowed, What's Protected, and How to Cancel It
A garnishment on your bank account can paralyze your ability to withdraw money. But not all of the money is exposed — the law protects certain amounts and certain types of funds. Here's what you need to know.
What is a bank account garnishment?
A bank account garnishment is a procedure in which a creditor, through the Enforcement and Collection Authority or a competent authority, orders the bank to freeze funds in the debtor's account in order to collect a debt. The bank transfers the garnished funds subject to the limits set by law.
Which funds are protected from garnishment?
- Basic protected amount — there is a minimum amount in the account that may not be garnished, in order to ensure a basic standard of living. This amount is updated from time to time.
- Benefits and allowances — certain benefits from the National Insurance Institute are protected, in whole or in part.
- Protected wages — the protected portion of wages deposited into the account continues to enjoy protection.
Garnishment of a joint account
In a joint account, usually the full balance cannot be garnished over the debt of just one of the account holders. The non-debtor spouse may be entitled to protect their share of the funds.
How do you cancel an unjustified garnishment and get a refund?
- Obtain an account statement and documents proving the source of the funds (benefit/wages).
- Check whether protected funds or an amount exceeding the debt were garnished.
- File the appropriate application (for example, a claim of payment ("pareti") or an application to cancel/reduce the garnishment) to recover the funds and stop the collection.
Were you over-collected? Let's check — for free
A garnishment and refund-eligibility check at no cost. If you're entitled to a refund — we handle it, and charge a success fee of 25% + VAT only on the amount actually refunded. No win, no fee.
Start a free checkOfficial sources
This guide is general information only, based on official public sources and databases, and does not constitute legal advice or a substitute for individual consultation with a lawyer. Amounts and rules are updated from time to time. Use of the website does not create an attorney–client relationship.