In this article, we will analyze the issue of writing off funds from a pensioner card.
Bank cards, which at first caused alertness and fear, were already tightly integrated into a modern lifestyle. Even people of advanced age, who are not so easy to learn to use innovations, are already using bank cards with might and main. And this is understandable, because with the help of a card you can pay for a purchase, get a pension or salary, transfer money to loved ones and all this can be done without spending time waiting in lines.
Why can a pensioner write off all the money from a bank card?
But since very often in an elderly person, a pension is, if not the only one, then the main source of income, then you need to know about situations when all the money can write off the pensioner’s bank card. Having understood the laws well and knowing all the nuances, you can, in case of unlawful recovery with full right, demand your pension accumulations back.
It is possible to write off debt from a pension bank card only after a court decision is made in cases as:
- The need for payments made during a certain period. Such payments include compensation for health damage caused to another person, as well as the payment of alimony to a minor person who is in family ties with the defendant (the permissible write -off of funds in both cases is not more than 70%).
- Debt in the amount of up to 10 thousand rubles. for payment for housing.
- Debt in the amount of up to 10 thousand rubles. for the payment of a small loan.
- Any outstanding debt, provided that the debtor does not have valuable property of a movable and immovable nature, deposits and other accounts (the only housing and household items are exception and will not be taken into account).
- In other words, the write -off of funds from the pension bank card is allowed only in cases where the debtor does not have other sources of income and valuable property.
However, according to the law, it is forbidden to hold any funds from pension accruals if they are paid in case of loss of the breadwinner or for the care of disabled persons. That is, in the absence of such a pensioner, other real estate or valuable property, as well as a different source of income, should not write off the funds from his card.
The write -off of funds from the pension bank card is possible only if the pension is assigned by length of service, the achievement of retirement age or in connection with disabilities.
Write off all money from a pension bank card, if a pensioner does not fall into any of the preferential categories described above only in exceptional cases.
It can be:
- Bank debt (with the condition that when drawing up a loan agreement, you signed a clause allowing the repayment of a loan with funds from a card opened in the borrower bank). You can demand the cancellation of such a write -off and return of funds by applying to the court with a statement on violation of civil rights of the consumer.
- A court order on the write -off of funds and the seizure of property. In this case, all the money that is currently stored on the card will be recovered, with the only mitigating nuance in the form of writing off money from subsequent pension accruals in the amount of not more than 50%.
In order to at least a little protect yourself and your money, we recommend that you do not store money on a pension card, but withdraw it as you enter.
Video: What can all the money be written off from the bank card of a pensioner?
