What is a Penhora de depósitos bancários?
A penhora de depósitos bancários is a Portuguese enforcement procedure that allows a creditor to recover an unpaid debt by seizing funds held in your bank account. It is initiated on the basis of an executive title (such as a court judgment or payment order) and is carried out by an Enforcement Officer (Agente de Execução). Once Qonto receives the enforcement notice, we are legally required to comply (Article 780 of the Portuguese Code of Civil Procedure).
What happens to my account when a seizure order is received?
Qonto is required to freeze funds up to the limit specified by the Enforcement Officer. What happens depends on your balance at the time of receipt:
- If your balance is equal to or greater than the specified limit, the amount indicated in the order is isolated and frozen. The remainder of your balance stays freely available and any funds credited after the date of the notice are not automatically covered by the freeze.
- If your balance is below the specified limit, your entire available balance is frozen and your account will be suspended.
Will I be notified?
Yes. Qonto notifies you immediately upon securing your funds. You will receive a communication explaining the amount frozen and the reference of the enforcement proceedings.
Can I contest the seizure?
Yes. Once the Enforcement Officer notifies you of the attachment, you will have a legal deadline within which you can lodge an objection (oposição). We recommend consulting a Portuguese lawyer to assess whether contesting is appropriate in your situation.
When will my funds be transferred to the creditor?
Once the opposition period has expired (and if no opposition has been lodged, or if it has been dismissed), the Enforcement Officer will instruct the transfer of the seized funds to the creditor. Qonto will act on those instructions.
What if my balance is insufficient to cover the seizure?
If your balance is below the seizure limit, your account will be suspended. The Enforcement Officer will determine how to proceed based on the funds available at the date of receipt.