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BANKING

What is a ‘saisie sur compte bancaire’ in France and how can I contest it?

Being unexpectedly charged for a long-forgotten tax or hospital bill in France can be frustrating. Here is what to do if you find yourself needing to contest a bill.

Published: 4 January 2024 15:23 CET
What is a 'saisie sur compte bancaire' in France and how can I contest it?
Euro bank notes (Photo by jody amiet / AFP)

It can be a very unpleasant surprise to log onto your French bank account and find an unexplained charge titled ‘Saisie Administrative a tiers détenteur’ (SATD).

This is an ‘administrative seizure by a third party’, which basically means an administrative body has requested that you be charged for an outstanding bill, tax or fine that you have not paid.

The SATD is one type of ‘saisie sur compte’, or account seizure. The other is a ‘saisie attribution’ (more on this below).

As for the ‘third party’ concerned, it is usually your bank, but occasionally it might be your employer who could withhold a certain portion of your salary or, if you are retired, a part of your pension might be seized.

Keep in mind that both checking and savings accounts could be affected or frozen (for up to 15 days maximum).

An SATD can be contested, but before you start the process you should figure out what the seizure is in relation to and whether it actually applies to you. 

What types of debts can be considered? 

This procedure can be done to recover funds owed to a public administration in France, which could include anything from unpaid taxes or late fees, fines (including court-ordered damages), as well as canteen and hospital bills.

The SATD could be regarding a single sum of money owed, or it could be in relation to several claims.

If you want to learn more about property taxes in France – and which ones are owed by second-owners – you can consult our guide.

READ MORE: Is your French property a main residence or a second home (and why it matters)?

How will I be informed?

Both you and the ‘third party’ (usually your bank) should be given notification in the form of an avis de saisie administrative a tiers detenteur. 

The notice you must indicate your options, as well as the deadline for when you must pay. Once your bank receives the avis, they must take the funds from your account within 30 days. 

If you did not receive the avis de SATD, then you should contact your bank to request any information that they received. You can ask for the name of the administrative body requesting the debt, as well as their contact information.

How much can be taken out of my account?

The amount debited should correspond to the amount owed.

That being said, you cannot be left with a negative balance, and the remaining funds left in your account should be equal to or greater than €607.75 (as of 2024). Similarly, social benefits cannot be seized.

Keep in mind that your bank may charge you a fee for the SATD. However, these charges (including tax) must not exceed 10 percent of the amount due, up to a maximum of €100.

What recourse do I have?

This depends on whether or not the amount seized corresponds to a fine/penalty or another debt.

For fines or penalties, the SATD can be contested within two months of receipt. The dispute must be related to an irregular notice (avis) – for example, if it does not mention any deadlines or appeal procedures. 

You must send a letter (with supporting documents) to the Departmental Director of Public Finances (DDFIP) of the département in which the SATD was applied.

If the debt is not related to a fine or penalty, then the two month rule still applies but you can contest other elements.

You can contest any irregularities with the notice (avis) – for example, if the deadline to make payment has already passed. You can also dispute the obligation to pay and the amount of the payment.

Similarly, the dispute must be made in writing and sent to the relevant DDFIP.

If you do not receive a response from the authorities within two months of sending your dispute letter, then you can launch a court appeal. You also have this recourse if your dispute is rejected, though you must do so within two months of being notified. 

The type of court will depend on the nature of your debt.

What do I do if the charge is definitely not for me?

Start by contacting your bank to ensure there was no mistake in allocating the SATD. Next, reach out to the administrative body listed on the avis de SATD. They should be able to offer more details on the charge.

If you feel the debt does not apply to you – perhaps it is a charge for a hospital you never visited – check whether there is any possibility that there has been a mix-up in identity (un problème d’homonymie).

What about a ‘saisie attribution’?

This is a different type of ‘saisie sur compte bancaire’ – it relates to a debt owed to a private individual or a company, which has been recognised by a court decision. It is subject to a different administrative process than a ‘Saisie Administrative a tiers détenteur’.

In this case, a court order is required for funds to be seized.

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For members

LIVING IN FRANCE

Why you might get a letter about French benefits

France is introducing stricter residency requirements for certain benefits, including those that foreigners in France can qualify for, and has begun sending letters out to recipients.

Published: 30 April 2024 14:07 CEST
Why you might get a letter about French benefits

In April, the French government passed a decree that will tighten up residency requirements for different types of benefits, including the old-age top-up benefit.

Previously, the rule for most benefits was residency in France for at least six months of the previous year to qualify, though some required eight months and others, like the RSA (a top-up for people with little to no income) requires nine months’ residency per year.

However, the government announced in 2023 its intention to increase the period to nine months for several different programmes – which was put into decree in April – in an effort to combat social security fraud, as well as to standardise the system.

The changes, which will go into effect at the start of 2025, do not affect access to healthcare – foreigners can still access French public healthcare as long as they have been resident here for a minimum of three months. 

Similarly, the rules for accessing chômage (unemployment benefits) have not changed yet. Currently, you must have worked for at least six months out of the last 24 months to be eligible, as well as meeting other criteria including how you left your previous job.

This may change in the future, however, with the French government poised to reform the unemployment system again.

READ MORE: How France plans cuts to its generous unemployment system

Which benefits are affected?

The old-age benefit – or the ASPA – will apply the new nine month requirement. Previously, people needed to be in France for at least six months out of the year to qualify.

If you receive this benefit already, you will probably get a letter in the mail in the near future informing you of the change – this is a form letter and does not necessarily mean that your benefits will change.

If you are already a recipient – and you live in France for at least nine months out of the year – then you do not need to worry about your access to the ASPA changing.

If you want to access this benefit, it is available to certain foreigners, even though it is intended to help elderly (over 65) French citizens with low state pensions.

It is only available to foreigners who have been living legally in France for at least 10 years, and starting in 2025 you will need to spend nine out of 12 months a year in France. You can find more information at THIS French government website.

Otherwise, prestations familiales, or family benefits will be affected by the new nine month residency rule. These are available to foreigners with valid residency cards, as long as their children also live in France.

This includes the family allowance (given out by CAF), which is available for families on low incomes with more than two children, as well as the ‘Prime à la Naissance’, which is a means-tested one-off allowance paid in the seventh month of pregnancy to effectively help with the start-up costs of becoming a parent, will also be affected by the new nine month residency rule. 

READ MORE: France’s family benefit system explained

If you receive these benefits already, then you will likely receive a letter explaining the changes shortly.

And finally – the RSA, which is the top-up benefit for people with little to no income, was already held to the nine month standard, so there will be no residency-related changes.

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