Account freezing implies that until further notice, you won’t be allowed to conduct any transactions in your banking account. Even checks that the holder has previously issued will no longer be accepted for payment or transaction. The authority to request a freeze on bank accounts is reserved for regulatory bodies like the Reserve Bank of India, Securities and Exchange Board of India, income-tax officials, or courts.
A bank has the right to halt operations or freeze a bank account in certain situations. Banks often follow account holders’ instructions when making payments. The functioning of a bank account, however, may occasionally be suspended or frozen if the account holder’s instructions are refused. The authority of a bank to suspend an account is outlined in good banking practise guidelines.
What does “Frozen Account” mean?
Learning that your bank account has been frozen might be a painful surprise. When a bank blocks your account, it might indicate that there is an issue with your account or that you are the subject of a court order to pay a debt that has not been paid. A bank’s suspension of your ability to do certain transactions is essentially what an account freeze signifies. However, there are restrictions on how you may utilise your bank accounts.
Your account is still open to you, and you may still get deposits like paychecks. However, a withdrawal or transfer is not possible since the account is frozen. As a result, nothing added to the account during this time period changes. Included in this are any pre-authorized payments you might have planned to make using your bank account. Therefore, there is a good probability that they won’t be recognised if you have monthly payments for your gym membership, a vehicle loan, or rent or mortgage.
Can Banks Freeze Accounts?
Banks have the authority to freeze an account if they believe that a transaction in it is questionable. Before freezing, they must, however, notify the holder. An unauthorised business transaction that is forbidden by RBI regulations may be involved in an unusual transaction using a savings account. In reality, it will take a lot of time and effort to get the account in order once it has been legitimately frozen. Now, in order to define an unlawful transaction, you must consult the applicable rules or the bank.
Key points on Frozen Account
- Transfers and withdrawals are not permitted from frozen bank accounts, although deposits are still permitted.
- If a bank suspects criminal activity, such as money laundering, financing terrorism, or issuing bad checks, the bank may freeze the account.
- Banks may freeze your account if your creditors ask for a judgement against you.
- For any unpaid taxes or student debts, the government has the right to ask the bank to freeze the account.
- Ask your bank or attorney for advice on how to remove the freeze.
7 Reasons to freeze your Bank Account
1. Suspending an Account during a Dispute
Dealing with a joint account, if there is a legal issue between the joint account holders and one of them requests the bank to suspend the account OR A bank may stop an account from being used if there is a disagreement over it. If a director of the bank informs the bank of a conflict with another director, the bank may suspend a company account on the director’s behalf. An account may also be suspended if the bank learns of a disagreement in its sole discretion. The suspension will last until the issue is resolved because it is not the Bank’s obligation to resolve disagreements between account holders.
Before the account is frozen to protect the funds, the account holders do not need to be notified by the bank. An unauthorised chance to withdraw money would exist if the account holder had been informed beforehand. The bank will, however, preferably notify each and every account holder as quickly as possible once the account has been frozen.
2. Unpaid Personal Loans
If after several reminders you have not paid your loans, your account may be frozen.
3. Debts Unpaid Through Creditors
If the account holder has any unpaid bills, the creditors may be able to convince the bank to freeze the account in order to fulfil his responsibilities, but only with the agreement of the appropriate legal authorities. To do this, they get a judgement against the debtor. which is maintained on the bank’s file.
Lenders may access the account(s) of account holders who have their loan accounts at the same institution as their bank accounts without bringing a lawsuit or receiving a court order to settle the defaulted debts. When the borrower signs the loan agreement, he grants the bank complete access to his account, even in the case of default.
4. Unpaid Debt to the Government
The blocked od bank account is also impacted by unpaid taxes or student loans to the government.
Any outstanding taxes may be levied by the Internal Revenue Service (IRS). Until the obligation is completely paid off, it cannot be removed.
In order to collect outstanding student loans, the government may take several various actions, such as withholding a portion of tax refunds or garnishing monthly paychecks. If you fall behind on your loan payments, your federal loan servicer may seize your income without waiting for a court order.
The bank account shouldn’t be depleted of money in the event that it freezes due to debt collectors or dubious behaviour.
5. Taxes that need to be Paid
Examples of companies whose accounts have been suspended for failure to fulfil tax obligations include Sahara and Kingfisher Airlines.
6. Funding for Terrorism
Recent events led to the freezing of Kingfisher accounts as a result of the airline’s failure to pay tax department debts of Rs 40 crore. Following a directive from the Honorable Supreme Court, the Securities Exchange Board of India (SEBI), the market regulator, froze even the accounts of the Sahara Group. In order to unlock and safeguard your bank account, you must receive a favourable court decision.
7. Suspicious or Illicit Activity
Banks are able to freeze accounts if they believe account holders are engaging in illegal activity. Banks constantly check accounts for illegitimate or suspicious behaviour, such as money laundering, in which substantial quantities of cash obtained from illicit activity are put into bank accounts and transferred around to give the impression that they are coming from a legitimate source.
A bank may freeze an account as a result of a creditor’s request for judgement against the account holder. For any outstanding taxes or student debts, the government may order that an account be frozen. Withdrawals and transfers are not allowed when the account is locked.