My Bank Accounts Have Been Frozen: What Should I Do?

First establish the legal basis

A restriction on withdrawals may arise from judgment enforcement, an interim court order or a different legal or contractual basis. These are distinct situations. This article focuses on attachment to collect a judgment debt under the Civil Procedure Law, Cap. 6.

Ask the bank in writing for the basis of the restriction, the court and case number where applicable, the date of the writ or notice, the amount restricted and the accounts affected. The appropriate remedy depends on the underlying document.

Section 75A: attachment of bank accounts

Section 75A(1) allows attachment of funds held solely or jointly at banks or cooperatives in the TRNC where a writ of attachment has been filed against a judgment debtor. Previously acquired good-faith ownership, pledge and encumbrance rights remain protected.

Under section 75A(2), a written enquiry from the court or an authorised registrar or enforcement officer requires the bank to report immediately in writing whether accounts exist, their balances and encumbrances. Under subsection (3), the specified amount may not be paid to the debtor or a third party, used as security, encumbered or removed from the debtor’s name.

Subsection (7) provides for transfer of attached funds to the Supreme Court or court account, or the ministry responsible for finance, following notification from the court or an authorised officer. Restricting funds and transferring them in enforcement are separate stages.

The amount is not unlimited

The amount specified under section 75A(3) may not exceed the judgment debt plus costs. A larger account balance does not authorise unlimited attachment beyond that total.

Where several accounts or banks are involved, review all notices and balances together. Compare the outstanding debt, payments and restrictions. Evidence of a mistaken account, a discharged debt or excessive restriction must be brought before the relevant court.

Salary accounts and separate attachment of earnings

Section 75A(4) exempts an amount equivalent to one month’s salary from attachment under this section where salary is paid into the account monthly or at another specified interval. This does not exempt all savings or all future salary. Provide payslips, account statements and employer confirmation of the source and amount.

The subsection expressly preserves section 91A. Under that separate provision, the court may direct payment of an appropriate portion of salary or allowances to the creditor. It considers the debtor’s and family’s income, dependants and the amount needed for a minimum standard of life consistent with human dignity. A fixed attachment percentage taken from Turkish law should not be assumed to apply in the TRNC.

Section 91A(6) excludes maintenance and social assistance payments from that section. This is not a universal exemption from restrictions imposed on other legal grounds. Under subsection (7), a material change in circumstances may justify review, variation or discharge of the order.

Joint accounts and third-party funds

A joint account is not automatically immune from attachment. Section 75A(6) expressly applies section 21 where a third party claims rights in the attached account. The other account holder may apply to the court for determination of those rights.

Bank transfers, income records and statements showing the source of funds are important. Joint ownership of the account or a verbal assertion alone should not be treated as sufficient proof of ownership of the money.

Enforcement provisions at a glance

Seeking release or correction

Review the judgment, writ, bank notice and debt calculation together. Payment, mistaken identity, protected salary, third-party ownership and an incorrect amount call for different applications.

Section 78 allows the court, after hearing or giving notice to interested persons, to make appropriate directions concerning attached money or property and to release the writ. Explain precisely the grounds and extent of the requested relief. A verbal complaint to the bank alone is insufficient to remove a court-based restriction.

If payment has been made, provide proof, its allocation and the remaining balance. A settlement or instalment arrangement does not necessarily release an existing attachment: obtain the necessary variation or notification to the bank. Filing an application alone does not stay enforcement; request a stay or protective order where appropriate.

Instalments and ability to pay

Sections 86–88 provide for examination of a judgment debtor’s financial circumstances where the judgment remains unpaid. Section 91 allows the court to direct instalments in amounts and at times it considers appropriate.

Under section 91(2), the court considers monthly income and the amount needed for the debtor and family to maintain a minimum standard of life consistent with human dignity. Document income, rent, dependants and regular expenses. Clarify separately what any instalment order means for the existing account attachment.

Preparation checklist

1. 01
   Obtain the documents

   Ask the bank for the basis, case number and restricted amount in writing.

2. 02
   Compare debt and restrictions

   Collect the judgment, costs, payments and all attachment amounts.

3. 03
   Document salary and ownership

   Prepare payslips, statements and evidence of the source of third-party funds.

4. 04
   Make the appropriate application

   Seek correction, release, determination of rights or other relief suited to the case.

5. 05
   Follow up bank notification

   Check that the relevant order or notice reaches the bank and is implemented.

Information note

This article provides general information. Criminal investigations, administrative measures, interim orders and restrictions concerning a bank’s own claim may involve different rules. Procedure and deadlines depend on the underlying document; there is no single objection period or automatic release mechanism for every bank account restriction.