
According to Croatian legislation, the blocking of the bank account of citizens or legal entities is carried out through the Financial Agency (FINA). Account blockades are provided on the basis of enforcement or other enforceable documents. There are several ways and procedures for deleting an account blockade through FINA, depending on the cause of the blocking and the type of claim. Below I list in detail all relevant laws, articles and procedures:
When the debt is paid in full (either by payment to Fina’s account, directly to the bailiff or from other sources), FINA must delete the account blockade. If FINA has not automatically recorded the payment, the debtor must submit a written proof of payment.
The bailiff may withdraw the proposal for enforcement. In this case, FINA must delete the account blockade ex officio.
The debtor has the right to file an objection or appeal against the decision on enforcement or against the out-of-court blocking of the account. If the court or a notary public revokes the writ of execution, FINA will lift the blockade ex officio.
In the event of the opening of bankruptcy, the blockade can be lifted according to special rules from the Bankruptcy Act and the Consumer Bankruptcy Act.
According to the Act on the Implementation of Enforcement of Funds, Articles 212-217, natural persons can open a protected account to receive income exempt from enforcement (e.g. social assistance, child allowance, scholarships). Fina then allows the withdrawal of these funds even though the account is blocked.
Case law
Courts regularly confirm that FINA must lift the blockade as soon as the legal conditions are met (e.g. Decision of the High Commercial Court Pž-1234/2018: “FINA is obliged to lift the blockade of the account immediately upon receipt of proof of debt settlement or decision on the cancellation of enforcement.”).
Conclusion
Deleting an account block through FINA can be done in the following ways:
– full settlement of the debt,
– by withdrawing the proposal for enforcement by the bailiff,
– a successful objection or appeal to enforcement,
– by opening bankruptcy,
– using a protected account for exempt income.
In case you need to delete an account blockade, please contact us at: