Zajęcie wierzytelności z rachunku bankowego przez komornika sądowego – zagadnienia wybrane

The purpose of this article is to discuss selected issues related to garnishment from bank accounts, including in particular the question whether if the bank account is seized by bailiff and the account holder, as a credit debtor in relation to such an account, uses the account, amounts paid into the account constitute funds paid to the bank to repay credit debts or should be deducted in connection with prior garnishment by the enforcement authority. At the same time, the author points out that enforcement proceedings constitute a mandatory situation for the debtor, who cannot decide how the funds kept in the bank account are to be used upon the garnishment by bailiff. The consequences of garnishment are set forth in the act and the debtor may not chose them. At the same, the article discusses penal liability for favouring any of creditors. Keywords: attachment of the bank account, overdraft, bank account, enforcement, deductions