Lifting the Attachment of a Pension Account in Enforcement Proceedings

Case Summary

A client contacted LLC «PRAVOVYI LIDER» in the interests of her mother due to the freezing of a bank account to which pension payments were received.

The freeze was imposed within enforcement proceedings, which resulted in restrictions on the use of pension funds.

To restore access to the funds, it was necessary to confirm that pension payments were being received into the frozen account and apply to the private enforcement officer with the relevant application.

Client’s Problem

The main problem was that, due to the imposed freeze, the person could not freely use the funds received into the account as pension payments.

The existence of open enforcement proceedings in itself did not exclude the possibility of lifting the freeze from a specific account, but for this it was necessary to properly substantiate the grounds and submit the relevant documents to the enforcement officer.

What the Lawyers Did

The lawyers of LLC «PRAVOVYI LIDER» analyzed the materials of the enforcement proceedings and the circumstances of imposing the freeze on the bank account.

After that, the lawyers:

• checked the documents regarding the open enforcement proceedings;
• established that pension payments were being received into the frozen account;
• prepared the necessary documents to confirm the designated purpose of the funds;
• prepared and sent an application to the private enforcement officer to lift the freeze;
• communicated with the private enforcement officer regarding consideration of the application;
• monitored the adoption of the resolution to lift the freeze from the funds.

Result

As a result of the legal work carried out, the private enforcement officer issued a resolution to lift the freeze from the funds in the bank account of the client’s mother.

The basis for this decision was that the funds received into the account were pension payments.

The resolution was sent to JSC CB «PrivatBank» for execution. Thus, it was possible to restore the ability to use the pension funds in the account.

Thanks to the professional legal support of LLC «PRAVOVYI LIDER», it was possible to properly substantiate the grounds for lifting the freeze and restore the ability of the client’s mother to use her pension funds.

Official Documents

The case involved materials of the enforcement proceedings, documents regarding the bank account and receipt of pension payments, the application to the private enforcement officer, and the resolution to lift the freeze from the funds.

Enforcement proceedings No. 78815828