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The enforcement agent blocked my bank account

What to do when your bank account is blocked in enforcement proceedings.

INFO
Short answer. A bank account is blocked on the basis of an enforcement order issued at the creditor's request by a court (or, for utility debts, by a public enforcement agent - javni izvršitelj) and carried out by a public enforcement agent, generally because of an unpaid debt (for example, based on a judgment, a utility bill, or a promissory note). The bank technically blocks the entire account, but the law protects part of certain income - such as salary, pension, and received child support - from collection, either up to a certain amount or in full; if you consider the order unfounded, or if the protected portion of the funds was wrongly collected, an objection and a request to remedy the irregularity are available within the statutory deadline.
ROK
Deadline. An objection to an enforcement order based on a so-called authentic document (for example a utility bill or a promissory note) is filed within eight days of the day the order was served: with the court that issued the order or, where a public enforcement agent issued the order for utility debts, with the court through that agent. Against an order based on an enforceable title (for example a judgment), an appeal is filed within the same eight days. (Zakon o izvršenju i obezbeđenju (the Law on Enforcement and Security) ('Sl. glasnik RS', no. 106/2015, 106/2016 - authentic interpretation, 113/2017 - authentic interpretation, 54/2019, 9/2020 - authentic interpretation, 10/2023 - other law, and 91/2025), Art. 25 (eight-day time limit for appeal and objection), Art. 86 (objection to an order based on an authentic document) and Art. 398 (objection for utility debts).)

What to do

The first step is to establish the exact basis for the block - the enforcement order contains information about the creditor, the amount of the debt, and the basis of the claim (for example, a final judgment, an extract from business records for utility services, or a promissory note). Without this information it is difficult to assess whether the block is well-founded and whether there is a reason for an objection.

Once you have established the basis, check whether the debt actually exists in the stated amount, whether it has already been paid in part or in full, or whether it may be time-barred. If there are grounds to challenge the order, the objection is filed within eight days, together with supporting evidence - with the court that issued the order, or for utility debts through the public enforcement agent who issued it. At the same time, check whether funds that the law exempts from enforcement have been blocked - the portion of salary or pension above the protected percentage, as well as received child support, which by law may not be the object of enforcement for someone else's debt. Banks do not maintain separate, protected sub-accounts for these purposes, so a correction is generally reached only after the irregularity is reported to the public enforcement agent, and if necessary to the bank as well.

If you have regular income (salary or pension) that is paid into the blocked account, it is useful to notify your employer or the payer of the existence of the enforcement order, so that the protected portion of the income is correctly calculated already at the time of payment, rather than only later through a dispute with the bank or the enforcement agent.

When to consult a lawyer

Consultation is especially useful when you are challenging the basis of the debt itself (for example, claiming it has already been paid or is time-barred), when the protected portion of your income continues to be wrongly seized despite the reported irregularity, or when the value of the block is disproportionate to the amount of the debt. A lawyer can assess whether there are grounds for an objection, prepare it within the statutory deadline, and monitor the further course of the enforcement proceedings.

Sources

What to do

  • Check the content of the enforcement order served on you by the public enforcement agent (or the bank's notice of the block) - what debt is the basis for enforcement, who the creditor is, and which public enforcement agent conducted the proceedings.
  • Check whether the debt being collected is actually yours, whether it has already been paid in full or in part, or whether it may be time-barred - these are typical grounds for an objection.
  • If you believe the order is unfounded, file an objection (or an appeal, if the order is based on a judgment or another enforceable title) within eight days - with the court that issued the order, or for utility debts through the public enforcement agent who issued it - with a statement of reasons and evidence supporting your claims (for example, proof of payment).
  • If funds that the law exempts from enforcement have been blocked - the portion of salary or pension above the statutory protected percentage, or received child support (alimentacija) - ask the public enforcement agent and the bank to release those funds as wrongly seized in the enforcement.
  • Notify your employer or the payer of your income about the existence of the enforcement order, if needed, so that the protected portion of your salary or pension is correctly calculated upon payment.
  • If the funds are not released voluntarily, consider submitting a request to remedy irregularities in the conduct of the enforcement, or consult a lawyer for further protection.

What it costs

The fee for drafting an objection and for representation in enforcement proceedings is calculated under the Tarifa o nagradama i naknadama troškova za rad advokata (the Tariff on Attorneys' Fees and Expense Reimbursement), generally in proportion to the value of the claim being enforced.

Basis for the attorney fee: Tariff item 20 in conjunction with item 18 of the Tariff on Attorneys' Fees and Expense Reimbursement (Tarifa o nagradama i naknadama troškova za rad advokata) (an objection as a legal remedy in enforcement proceedings - the fee for an enforcement motion, set as for a claim according to the value of the debt, increased by 100%); item 19 for representation at a hearing.

FAQ

What part of my salary or pension is protected from enforcement?

Under Art. 258 of the Zakon o izvršenju i obezbeđenju (the Law on Enforcement and Security), enforcement on a salary may take at most one half of it, at most one third if the salary is not above the average net salary, and at most one quarter if it is equal to or below the minimum wage. For a pension the limit is one third, one quarter if it is not above the average pension, and one tenth if it is not above the lowest pension amount. To collect statutory maintenance (child support/alimentacija), enforcement may reach one half of the income, while child support received by the debtor is exempt from enforcement for someone else's debt (Art. 257).

Is a public enforcement agent allowed to block an entire bank account?

On the enforcement agent's order, the bank technically blocks the entire account, but that does not mean all the funds in it can be transferred to the creditor - the legally protected portion of income (salary, pension, child support) may not be collected, and wrongly seizing it is an irregularity that can be challenged before the public enforcement agent.

What if the debt being collected was already paid before the block?

That is one of the basic grounds for an objection to the enforcement order - the objection is submitted within the statutory deadline, together with proof of payment (for example, an account statement or a payment confirmation).

Does changing banks solve the problem of the account block?

No. The enforcement order relates to the debtor, not to a specific account or bank, so enforcement is generally carried out against funds in every bank where the debtor holds an account. The issue is resolved by challenging the basis of the debt or ensuring that the statutory protection of income is respected, not by changing banks.