Hey bunqers 🌈,

We know that getting a garnishment can be confusing and unpleasant. To understand what a garnishment is, you can find further information here.

We are here to help you understand what happens if your Dutch account receives a garnishment and what we do to support you if this happens.

What happens to my Monetary Account(s)?

Step 1: Debt collection

When a garnishment order is received accompanied by a court order, we temporarily freeze your monetary account(s) and collect the amount in your account(s). At this stage, your monetary accounts can only receive incoming payments and you won’t be able to pay from your blocked accounts. We inform you right away in the app.

To check your received messages from bunq you can follow these steps:

1. Open your bunq App

2. Tap on the bell next to your Profile in the top left corner

3. Check out the messages received - your garnishment notification will be in there

Your collected money is moved to a special intermediary bunq-owned account, where it will be reserved for the bailiff. We transfer all of your money to this intermediary account unless the garnishment order states that there is a garnishment free feet. A garnishment free feet is the uncollectable amount which is defined by law as the minimum necessary funds for living and it’s based on your family composition.

After this transfer, your monetary accounts are reactivated, and no further money is collected. You can top up your accounts and use the new money in your account along with any garnishment free feet amount left.

Step 2: Statement

Once we move the money to the intermediary account, we inform the institution or the bailiff about the amount(s) available. We do that by providing them with a third-party statement which includes this information.

Step 3: Transfer

Based on the third-party statement, the bailiff or the creditor's representative will send us a letter with instructions whether and what amount of funds should be transferred to them. We transfer the requested amount by the bailiff. If there is remaining balance that is left, it will be returned to your active accounts. For example, if you had €2000 collected and the amount requested by the bailiff is €1000, we will send €1000 to the Creditor and return the remaining €1000 to you.

Step 4: Garnishment lift

Once the Creditor receives the amount due, they will send us a court order stating that the garnishment proceedings have been finalized. When we receive the order, we immediately lift the garnishment from your account.

It’s important to know that only the bailiff can lift or remove the garnishment once the case has been settled and bunq does not have the authority to do this independently.

It may take some time for us to receive the court order letter, depending on when the Creditor sends the court order to us. Please allow some time for this and if you have more questions about the settlement of the garnishment, please make sure to contact the bailiff directly.

Please note: you can use your monetary account(s) as regular in the meantime, even with an unlifted garnishment.

Is there an administration fee for a garnishment?

By Dutch law, we are required to process every garnishment. For each garnishment on a Dutch account, we process an administrative fee of €80.

Please note that for every new order received, the administration fee is applied. For more information of our fees, please check bunq’s Pricing sheet.

Can a bailiff ask for information about my bank account prior to a garnishment?

According to Article 475aa Rv of the Code of Civil Procedure, bailiffs may first confirm with us if you hold an account at bunq before placing a garnishment.

How is my business account affected by the seizure?

Your business account may also be affected by the garnishment concerning you as a natural person. On the other hand, we may only receive a garnishment for your business account.

The impact on your business account depends on the type of company’s legal form and the liabilities of the Ultimate Beneficial Owners (UBOs). Here’s an overview:

• VOF (Vennootschap onder firma):

  • UBOs are liable for company debts.

  • Money can be collected from all UBOs if the company lacks sufficient balance.

  • Each UBO is equally responsible for the entire debt amount.

  • The company is not liable for personal debts of the UBO.

• CV (Commanditaire Vennootschap):

  • Only managing partners (beherende vennoten) are liable for debts.

  • Funds can be collected from managing partners if the company has insufficient balance.

  • Managing partners are responsible for the entire debt.

  • The company is not liable for personal debts of the UBO.

• Maatschap:

  • UBOs share equal liability for debts, though tax debts may impose full responsibility.

  • Collection of money occurs if the company has insufficient balance.

  • Each UBO is responsible for equal parts of the debt, though tax debts may impose full responsibility.

  • The company is not liable for personal debts of the UBO.

• Eenmanszaak:

  • The owner is fully responsible for company debts.

  • There is only one UBO (the owner), who is entirely liable.

  • The business is liable for the UBO’s debts.

• BV (Besloten Vennootschap):

  • UBOs are not personally liable for company debts.

  • No money can be collected from UBOs.

  • The company is not liable for UBO’s personal debts.

• NV (Naamloze Vennootschap):

  • UBOs are not personally liable for company debts.

  • No money can be collected from UBOs.

  • The company is not liable for UBO’s personal debts.

• Stichting (Foundation):

  • UBOs are not liable for company debts.

  • No money can be collected from UBOs.

  • The foundation is not liable for UBO’s personal debts.

• Vereniging (Association):

  • UBOs are not liable for company debts.

  • No money can be collected from UBOs.

  • The association is not liable for UBO’s personal debts.

• Coöperatie (Cooperative):

  • UBOs are not liable for company debts.

  • No money can be collected from UBOs.

  • The cooperative is not liable for UBO’s personal debts.