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HomeCredit-Debt-BankruptcyThe P account as protection against account seizure

The P account as protection against account seizure

A P account automatically offers seizure protection of 1,500 euros per calendar month. Further amounts can be released upon proof.

The P account offers protection against account seizures in three levels:

  1. Basic protection for credit of 1,500 euros
    Requirement: The account holder submits an application for conversion to his bank
  2. Increased allowance with certificate for maintenance / social or asylum seeker benefits for other people in the household / child benefit / some other benefits
    Requirement: Presentation of a so-called P-account certificate by the account holder to their bank
  3. Individually determined allowance with a decision/notice in the case of higher income and special cases
    Requirement: Application with evidence to the enforcement court/enforcement authority

To convert a current account into a seizure protection account (P account), a corresponding request from the account holder to their bank is sufficient. In principle, a balance of 1,500 euros per calendar month on the P account is protected from seizures and offsetting. Further amounts can be released upon proof.

Only in special cases is a court decision or, in the case of public creditors, a decision by the executing authority required. In this way, employment income, pensions and social benefits are just as protected as, for example, financial support from third parties.

If your account is seized, you will continue to have full access to the account up to the amount of your protected allowances and can, for example, make transfers.

However: While indebted people have no alternative to the P account, it is not recommended and unnecessary for account holders with black numbers without seizure. Because consumers often have to expect high prices, limited services and a certain stigmatization at their bank when they set up a P account. The conversion also eliminates the option of using an overdraft or tolerated overdraft, as P accounts can only be managed on a credit basis.

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We have put together useful information about the seizure protection account. You can find more information in our questions and answers about the seizure protection account (P account).

  • Only one thing for everyone: A P account can only be held as an individual account, i.e. in the name of one person.
    For holders of a joint account, this means that it is best for each authorized account holder to open an individual checking account when seizures are expected, before the account can be converted into a seizure protection account. When setting up or converting, you must ensure that you do not have another P account, as each person is only allowed to have one. This can be checked. False information can be punishable by law.
  • Only on request: Debtors who want to use account seizure protection must take action themselves.
    Either set up a new account as a P account or convert the existing checking account into a seizure protection account. To do this, you must submit a corresponding application to your bank.

    Since the P account protection also works for account seizures that were delivered to the bank up to 1 month before the conversion, you do not necessarily have to convert in anticipation of an impending seizure.

  • Conversion free of charge: The conversion of the existing current account into a P account must be free of charge – but not the account management.
    However, this must not become more expensive than before. The bank is obliged to carry out the conversion no later than 4 business days if the account has been seized.
  • More protection with certification: Additional amounts can be protected on the P account.
    Child benefit, maintenance obligations for spouses and children, for example, as well as social or asylum seeker benefits that are received for other people in the same household can increase the basic allowance by additional allowances.
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You are entitled to a further allowance of 561.43 euros for the first person to whom you provide maintenance under the law (e.g. spouse, child). In addition, there are additional allowances of 312.78 euros each, provided maintenance is paid for other legally entitled persons.

The same applies if you receive benefits for yourself and other people in a community of need (in addition to your own child, for example, your partner, stepchild).

  • For a dependent person, the allowance is 2,061.43 euros.
  • 2 people: 2,374.21 euros
  • 3 people: 2,686.99 euros
  • 4 people: 2,999.77 euros
  • 5 people: 3,212.55 euros

However, the prerequisite is that you, as the account holder, present a certificate to your bank stating that such protected allowances or incoming funds are involved. Family funds and social benefit providers mustrecognized debtor and consumer insolvency advice centers or employers can issue such a certificate.

You can also use a certificate to prove to your bank that you have other allowances that go beyond the above-mentioned flat-rate allowances (e.g. one-off social benefits or ongoing benefits that you receive to compensate for additional expenses due to health damage), so that these amounts are then also in the account cannot be seized.

You can also achieve the same protection by submitting an application to the enforcement court if you do not otherwise receive a certificate on site or your bank does not accept the one presented.

Higher allowances: If the seizure-free income is higher than can be protected by the certificate, you should also submit an application to the enforcement court for individual account release. If the seizure is carried out by a public body (e.g. tax office), you submit the application directly there.

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Help with permanent impossibility: If you regularly receive credit below your exemption amount, you can apply to the enforcement court for a maximum of 12 months in accordance with Section 907 ZPO for an “order that the account balance cannot be seized”. This means that the account as a whole is free, all seizures for this period are in vain and your credit institution does not have to take any allowances into account or carry out any monitoring.

This makes sense for all recipients of low, regular income below the tax-free amount, as well as in the event of double garnishment of wages and accounts. You must use your account statements to prove that the money has not been seized.

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