SECTION 161

Where the attachment is carried out is on money kept in bank or similar financial institution, the bank or institution shall declare the nature of the account(s) of the debtor and the balance(s) in the account(s) on the date of the attachment. Within a period of fifteen (15) working days of the attachment and during which the sums in the account shall be frozen, the declared balance may, where it is established that the date of same transaction was before the date of attachment, be transferred either to the credit or debit of the distrainor creditor by the following operations: a) credit entry: - deposits previously made in order to cash cheques or negotiable instruments not yet in the account. b) debit entry: - charges on cheques deposited to be cashed or credited to the account before the attachment, which returned unpaid; withdrawals from the cash dispenser made before the attachment and payments by card, where the beneficiaries were effectively paid off before the attachment. Notwithstanding the provisions of the second paragraph, negotiable instruments returned to discount and not paid upon presentation or on their due date, where such date is subsequent to the attachment, may be endorsed within a period of one (1) month following the attachment. The attached sums shall only be affected by these contingent debit and credit transactions where their aggregate result of these transactions is negative and higher than the sums not affected by the attachment on the day of their settlement. Where the inalienable sums diminish, the bank or financial institution shall, by registered letter with acknowledgement of receipt or by any means with written proof, furnish the garnishor with a statement of all the transactions which affected the accounts from the date of the attachment inclusive, within eight (8) days of the expiry of the period of cross entry.