4. Managing Your French Bank Account

1. 4.1. Cash Withdrawals
2. 4.2. Direct Debits and Standing Orders
3. 4.3. Statements
4. 4.4. Bank Overdrafts
5. 4.5. Closing/Transferring Account
6. 4.6. Seizure of Account

4.6. Seizure of French Bank Account

If you owe money to a third party and refuse to pay, they have the right to seize funds (distraint) in your bank account.

This procedure operates through a quasi public official called a huissier, who is an official bailiff.

On behalf of the creditor, a huissier can make application to your bank for the account to be frozen and to then apply to the court for funds to then be released to them in order that the debt can be paid.

You can contest this action, but only by going to a court of law within a month of the application to the bank by the huissier.

Until or unless you obtain a judgement in your favour from the court, the funds in your account will be frozen, although you are entitled to continue to secure access to a limited amount of cash in order to meet day-to-day needs.

A similar procedure operates in respect of the public treasury for debts against the Governement, except in these cases no judgement from the court is required in order for them to be entitled to distrain on your funds!

The procedure is called L'Avis à Tiers Détenteur (ATD).

Needless to say, there are procedures with which the State itself has to comply and you can appeal to a court against the action, within two months of receiving the notice.

If you are in difficulties about paying your taxes, go and see your local tax or social security office and come to some arrangement with them about payment.

There are bank charges payable on distraint of funds.