By virtue of paragraph 7 of Art. 69 of the Law, the debtor, at the request of the bailiff, is obliged to provide information about his rights to property. If the bailiff does not have information about the property of the debtor, then the bailiff requests them from tax authorities, as well as other bodies and organizations (subparagraphs 8-10 of article 69 of the Law). In accordance with paragraph 2 of part 1 of Art. 64 of the Law in the process of fulfilling the requirements of executive documents, the bailiff has the right to request necessary information, including personal data, from individuals, organizations and bodies located on the territory Russian Federation, as well as in the territories foreign countries, in the manner prescribed by an international treaty of the Russian Federation, to receive explanations, information, certificates from them. Documents confirming the rights to property can be contracts of various types, cash and sales receipts for the purchase of property, etc. Based on Art. 119 of the Law in the event of a dispute related to the ownership of the property that is being foreclosed, the interested persons have the right to apply to the court with a claim to release the property from attachment or to exclude it from the inventory, as well as to compensate for the losses caused to them. The documents listed by you can be used to prove the illegality of the seizure of property in judicial order. I will be grateful for the answer [email protected]
Debtors who refuse to fulfill their debentures, often try to hide property from FSSP employees by selling it or registering it with relatives. To prevent such behavior, bailiffs have the right at any stage enforcement proceedings seize the debtor's property.
Employees of the FSSP do not have the right to take away from the debtor the only housing in which he and his family live all year round. Also bailiffs cannot arrest land plot, on which the house is located, which is the only place of residence of a person who has a debt to the bank. An exception is real estate that is pledged to a bank (for example, an apartment taken on a mortgage), or provided to tenants under a social tenancy agreement.
Analyzing judicial practice on the topic of seizure and arrest, I came across an interesting court decision - Lukhovetsky district court Moscow Region dated October 19, 2015 in case No. 2A-975/2015. The point is the following. The administrative plaintiff (persons contesting the actions of the official) applied to the court with a demand to recognize the decision to initiate enforcement proceedings, the decision to seize and the inventory act illegal. They referred to the non-compliance of the writ of execution with the mandatory requirements established by law. However, the court did not take this into account. In the course of the arrest measures, the bailiffs transferred the apartment for safekeeping to the debtor, but the latter did not sign the act, therefore, the rights and obligations were not explained. This was taken into account and the court recognized the actions of the performer as illegal. Bailiffs often do not bother and indicate the debtor as the custodian without his actual presence. Such actions can be appealed, debtors take note.
For example, food, dishes, shoes and much more. However, the law in this matter is not quite perfect, as it allows for a double interpretation. So, the bailiff may consider household appliances as “luxury items” and describe them, while for the debtor these are everyday necessities.
2. Recovery on the debtor's property, including cash in rubles and foreign currency, is drawn in the amount of the debt, that is, in the amount necessary to fulfill the requirements contained in the executive document, taking into account the collection of expenses for the commission of enforcement actions, the performance fee and fines imposed by the bailiff in the process of execution of the executive document.
If they did not find serious reasons for postponing the execution of the decision, then also delay litigation for one and a half to two months, a simple appeal to the appeal will help. Naturally, in such cases the first court decision will not be canceled, but the bailiff will be able to start proceedings only after the appeal decision enters into force.
But do not forget that if you re-register the property to someone else, then you are unlikely to be able to return it (I mean buying and selling, donating). As for rent, this is a very slippery issue. Renting does not give anything, the ownership is still yours.
On the basis of paragraphs. 7 paragraph 1 of Article 64 of the Law on Enforcement Proceedings, bailiffs, in order to ensure the requirements of the executive document, have the full right to seize the debtor's property, including further foreclosure on the seized property, that is, to make an inventory of the property and withdraw it for the purpose of further sale. The proceeds from the sale of the debtor's property will be used to pay off the debt.
When a person has a debt to a bank, state or other individual, the injured party has the right to apply to the court, which will oblige the borrower to pay the debt. After that, the case is sent to the bailiff, who initiates enforcement proceedings. If the debtor does not have sources of income that can cover the loan, then property that can be sold is described. It's called an arrest. It can only be imposed on the personal property of the borrower.
The only apartment in which the debtor lives cannot be seized. If the debtor owns a second one, then the bailiffs will confiscate it in payment of the debt. Exception - fractional ownership together with other people. It is also worth noting that real estate is seized in cases where the amount of debt is comparable to the cost of an apartment or house. In a situation where a bank acts as a creditor, even the only housing of the debtor can be seized if, under a mortgage agreement, it is pledged to a financial institution.
The bailiffs came to describe the property, what should I do? If you are registered, but not the owner, they will come to the place of registration and describe the valuable property. In this case, the homeowner will have to prove that the described property does not belong to the debtor, but to the owner. It is necessary to provide checks, receipts addressed to the owner.
An arrest requires a legal basis, which is the existence of an enforcement proceeding, which is created as a result of a judicial investigation. Applies to debtors who fail to pay their dues on time. communal payments, loan not paid administrative fines. Enforcement proceedings begin from the moment the claimant applies.
Publications, 14:50 01/27/2012
Context
Being a debtor is as easy as shelling pears: untimely paid "communal", transport or land tax, alimony, delay in the return of a mortgage or other bank loan. If it was not possible to repay the debt voluntarily after its recognition by the court, you need to prepare for communication with the bailiffs. Including their arrival "on a visit" to the house.
What does the law allow bailiffs to do, and what rights and guarantees do debtors have? Let's analyze the most FAQ that arise in practice.
"Let's go peacefully"
Strictly speaking, even if your "case" fell into the hands of bailiffs-executors, there is still a chance to disperse peacefully, without the use of measures for the enforcement of a court decision. According to the law, in cases of debt collection, the bailiff first of all sets the deadline for the voluntary fulfillment by the debtor of the requirements contained in the executive document. Such a period is indicated in the decision to initiate enforcement proceedings and cannot exceed five days (Article 30 of the Law "On Enforcement Proceedings"). The countdown starts from the day when the debtor received the decision.
In practice, there are often complaints: no “summon” was given to us, we did not sign documents on receipt of the decision ... Keep in mind: in fact, the law does not require that the decision to initiate enforcement proceedings be handed over to the debtor personally against signature. In accordance with Part 17 of Article 30 of the Law "On Enforcement Proceedings", a copy of the resolution is sent to the debtor at the address indicated in the executive document. As a rule, we are talking about the address of registration at the place of residence ("propiska"). "If a citizen has not notified the registration authority about the change of address of residence or place of stay, then the correspondence is sent to the last known address, and the debtor is also considered notified," explains the first deputy director Federal Service bailiffs (FSSP) Sergey Sazanov.
Those who did not have time (could not) voluntarily repay the debt within the period specified by the bailiff will face a financial sanction. Namely: in addition to the amount of the debt, you will have to pay a performance fee of 7% of the amount to be recovered.
"Open the door!"
By general rule bailiffs can perform enforcement actions on working days from 6 am to 10 pm (Article 35 of the Law "On Enforcement Proceedings"). "Tormenting" the debtor at night and on weekends is allowed only in exceptional cases that do not require delay: when a court decision related to the holding of elections, the expulsion of foreigners from the Russian Federation, and so on, is being executed. (Part 3 of Article 35). Situations with the collection of monetary debts do not apply to such cases.
The "sick" issue of bailiffs visiting the house is solved as follows. According to Article 12 of the Law "On Bailiffs", the bailiff has the right "to enter the premises occupied by debtors or belonging to them, to inspect these premises and ... if necessary, open them." In other words, the law allows the bailiff to break the door if the debtor refuses to open it. And also the bailiff can visit and "open" housing in the absence of the debtor.
To enter an apartment (house) without the consent of the debtor, it is enough for the bailiff-executor to have the written permission of the senior bailiff (paragraph 6 of part 1 of article 64 of the law "On Enforcement Proceedings"). And when seizing property that must be seized and sold to pay off the debt, the presence of witnesses is required (part 5 of article 80 of the same law). The act of seizure is signed by the bailiff, witnesses and other persons who were present at the time of the arrest, including the debtor (if he was at home) or other household members. Refusal to sign "as a sign of protest" will not play a special role: an appropriate note will simply be made in the act, without detracting from its force.
What can be taken away?
The Federal Bailiff Service explains: it is assumed that in the apartment where the debtor lives, he can own any things. Based on this, the bailiffs begin to describe any property located in the housing, on which it is allowed to impose a penalty. In such a situation, the debtor's relatives and other tenants, in order to defend the rights to their own things, need to apply to the court to release the property from attachment or exclude it from the inventory (Article 119 of the Law "On Enforcement Proceedings"). In this case, you will have to prove the belonging of things: with the help of receipts, contracts, testimonies, etc.
As for the list of property that cannot be levied, it is listed in Article 446 of the Civil Procedure Code of the Russian Federation. The Code of Civil Procedure refers to "untouchable" things, in particular, food and money "for a total amount not less than the established subsistence level of the debtor citizen himself and his dependents"; "objects of usual home furnishing and use", items of individual use (clothing, shoes and others), with the exception of jewelry and other luxury items.
Debtors often have questions: can they seize a refrigerator, stove, washing machine, computer? The FSSP responds that the first two "aggregates" are recognized as necessary to maintain normal life, so they are usually not included in the inventory of property for arrest. A washing machine may be considered a "life necessity" if the family has small children and/or the debtor is disabled. The computer, alas, is likely to be arrested. There is a chance to achieve its preservation if the PC serves as a "tool of production" for the debtor: that is, when a citizen officially has a job related to performing tasks on a computer at home (designer, programmer working "remotely", etc.).
As for the dwelling itself, as a general rule, it cannot be arrested and confiscated if it is the only one suitable for permanent residence debtor and members of his family. However, remember the exception: if an apartment or house is purchased on a mortgage, then they are easily arrested and transferred for sale in case of debt on a mortgage loan.
Anna Dobryukha
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I did not receive the traffic police about the initiation of enforcement proceedings and the arrest of accounts by bailiffs. The only notification was an SMS from the bank about the withdrawal of 500 rubles from my account at the request of the FSSP. Tell me, were the bailiffs required to notify me of the arrest of my accounts? And how long after paying the debt should the bailiffs issue a decision to cancel the arrest of accounts? arrested an account for non-payment of a fine Collapse Viktoria Dymova Support Officer Pravoved.ru Try to look here: You can get an answer faster if you call the free hotline for Moscow and the Moscow Region: 8 499 705-84-25 Free lawyers on the line: 6 Lawyers' answers ( 1) And on the initiation of enforcement proceedings, and on the arrest of funds, bailiffs, of course, are obliged to send a copy of the decision to your address no later than the next day after the day it was issued.
How is the seizure of funds by bailiffs In accordance with Article 81 of the Federal Law No. 229 "On Enforcement Proceedings", the seizure of the account is carried out as follows:
You, because it is done by him in order to ensure the fulfillment of the requirements of the claimant. The decision to initiate enforcement proceedings is issued by the bailiff within three days from the date of receipt of the executive document.
Attention
The term for voluntary execution may not exceed five days from the date of receipt by the debtor of the decision to initiate enforcement proceedings. You will be required to pay the performance fee only if you violate the deadline.
Info
Recovery without trial: is it possible? The FSSP begins to operate only after it has received an appropriate decision in relation to the debtor, as well as a writ of execution. The bailiffs notify the citizen of the existence of a debt so that he can pay it voluntarily.
But if the funds are not enough to pay the debt, then he continues to be arrested. Information about the court decision on the Internet One day it turns out that the bailiffs have arrested the account. But why this happened, the citizen does not know, and the bank refuses to disclose this kind of information.
Do not despair, the Internet will help answer this question. By going to the FSSP website, you can find out by whom and when the arrest order was issued, as well as the number of this document.
Important
Using the service "Gosuslugi", having successfully logged in, personal account in the lower right corner you will see the item " arrears”, and its amount is also indicated there. After clicking on this button, a page will open where everything is described in detail, namely: the collection department, details and number of the executive document, the amount of debt.
So the rule governing the procedure for seizing the debtor's property expressly establishes that copies of the bailiff's decision to seize the debtor's property are sent to the parties to enforcement proceedings, as well as to a bank or other credit organization and other interested parties no later than the day following the day of the decision. And the execution of the debtor's property according to executive documents is primarily directed to his funds in rubles and foreign currency and other valuables, including those on accounts, in deposits or in storage with banks and other credit organizations.
If the funds available on the accounts of the debtor are not enough to fulfill the requirements contained in the executive document or the decision of the bailiff, the bank or other credit organization transfers the available funds and continues further execution as funds are received on the account or accounts of the debtor until the execution contained in the executive document or decision of the bailiff-executor of the requirements in full. The bank or other credit institution shall immediately notify the bailiff or the recoverer of the transfers made, if the executive document was received from the recoverer.
10.
It is worth noting that through the above services it is possible to pay the debt online. What accounts are bailiffs seizing? Recovery can be levied on deposit, salary cards, as well as those for which the pension is transferred.
But since the accounts of the debtors are impersonal in nature, that is, it is impossible to determine the type of income from them, an arrest may occur on income that is not recoverable. Thus, the actions of bailiffs can be directed to any income, including the finances of the debtor's spouse.
In addition, are these funds deposited into an account with Sberbank or some other financial organization- it does not matter. How the collection works wages, no more than 50% of the income is withdrawn from the debtor.
In addition, in the existing order FSSP of Russia about the approximate forms of procedural documents, namely in the form of a decision on foreclosure on funds held in a bank account, there is an item “Copies of the decision to send to the parties of enforcement proceedings”. As a result, the obligation of the bailiff to notify the parties of the arrest of funds is contained both in the law on enforcement proceedings and in the very form of the decision to levy execution on funds held in a bank account. Heading: Question-answer Topic: arrest of funds, seizure, foreclosure.
According to Article 64 of Law No. 229-FZ, in the process of fulfilling the requirements of executive documents, the bailiff, among other things, has the right, in order to ensure the execution of the executive document, to seize property, including cash and securities. In addition, articles 68 and 69 of this law define enforcement measures that ensure the execution of a writ of execution, including foreclosure on the debtor's property, including cash and securities.
By virtue of part 7 of article 80, copies of the bailiff's decision to seize the debtor's property are sent to the parties to the enforcement proceedings, as well as to the bank or other credit institution, other interested parties no later than the day following the day the decision was made.
To do this, you need to prepare the following documents:
Payment of the state fee is not provided, and if the claim is satisfied, the decision is sent to the FSSP to release the funds. Many lawyers advise to contact the prosecutor's office immediately to check the actions of bailiffs. Then, along with the complaint, an executive document is also provided. It should be noted that the removal of an arrest is a rather lengthy procedure, and very often this process is delayed. Other options for the development of events So, the bailiffs arrested the account of the salary card.
If we are talking about the arrest of real estate, then the decision must be sent electronically to the registering authority within three days from the date of adoption. What cannot be described? The decision itself is drawn up in two copies - one for the bailiff and the debtor. The bailiff can only describe the property that belongs to the debtor as the owner. To prove that a certain object is not his property is already included in the obligations of the debtor. To prevent items belonging to other persons from being included in the inventory, as many supporting documents as possible should be collected. If this is not done in a timely manner, it will be necessary to remove from the arrest list in court by filing a lawsuit to cancel the arrest. In this case, it will be necessary to have time to do this before the sale of the arrested thing or object. It is allowed to leave the described property for safekeeping to the debtor himself.
Attention
At the same time, seize funds for bank accounts or mortgaged property can even with a smaller amount of debt. Procedure for the inventory of property by bailiffs The bailiff sends the debtor a notice of the date and time of the inventory. Arrested things should be enough to pay off the amount of the debt.
Employees of the FSSP describe only those items that belong to the debtor. Please note: Read more about what property may or may not be seized here. Place of arrest: The arrest of the debtor's property by bailiffs takes place at the place of registration, registration or where his property is actually located.
That is, FSSP employees have the right to describe things in any apartment if the debtor lives in it. Please note: If you are interested in the question of whether bailiffs can seize the property of cohabitants or relatives of the debtor for debts, study this article.
In cases where the executive document is subject to immediate execution, as well as when seizing property and taking other interim measures, the bailiff has the right to perform enforcement actions and apply enforcement measures without prior notice to the persons involved in the enforcement proceedings. A notice addressed to a person participating in enforcement proceedings shall be sent to the address indicated in the executive document, unless the person participating in enforcement proceedings or his representative indicated a different address. The notice may be sent to the place of work of the person participating in the enforcement proceedings.
17.
The only notification was an SMS from the bank about the withdrawal of 500 rubles from my account at the request of the FSSP. Tell me, were the bailiffs required to notify me of the arrest of my accounts? And how long after paying the debt should the bailiffs issue a decision to cancel the arrest of accounts? the account was arrested for non-payment of the fine Minimize Victoria Dymova Support worker Pravoved.ru Try to look here:
You can get an answer faster if you call the free hotline for Moscow and the Moscow Region: 8 499 705-84-25 Free lawyers on the line: 7 Lawyers' answers (1)
So the rule governing the procedure for seizing the debtor's property directly establishes that copies of the bailiff's decision to seize the debtor's property are sent to the parties to enforcement proceedings, as well as to a bank or other credit organization and other interested parties no later than the day following day of the decision. And the execution of the debtor's property according to executive documents is primarily directed to his funds in rubles and foreign currency and other valuables, including those on accounts, in deposits or in storage with banks and other credit organizations.
Important
In addition, in the existing order of the Federal Bailiff Service of Russia on exemplary forms of procedural documents, namely in the form of a decision to foreclose on funds held in a bank account, there is a clause “Send copies of the decision to the parties of enforcement proceedings”. As a result, the obligation of the bailiff to notify the parties of the arrest of funds is contained both in the law on enforcement proceedings and in the very form of the decision to levy execution on funds held in a bank account. Heading: Question-answer Topic: arrest of funds, seizure, foreclosure.
Info
Question: The bailiffs are threatening to seize my property. I want to prepare, how will all this happen? Is there any way to avoid this? Answer: Attachment of property is imposed in the framework of a procedure called foreclosure. Bailiffs in this way try to forcibly pay off the debts that a certain person has incurred to his creditors.
Hello! The arrest of accounts is regulated by Art. 81 of the Federal Law on Enforcement Proceedings Quote: Article 81. Seizure of funds held in a bank or other credit institution1. The decision to seize the debtor's funds held in a bank or other credit institution, the bailiff sends to the bank or other credit institution.2.
In the event that the details of the debtor's accounts are unknown, the bailiff sends to the bank or other credit organization a decision to search for the debtor's accounts and seize the funds on the debtor's accounts in the amount of the debt determined in accordance with part 2 of Article 69 of this federal law.(as amended by Federal Law No. 389-FZ of December 3, 2011) (see the text in the previous edition)3.
According to Article 64 of Law No. 229-FZ, in the process of fulfilling the requirements of executive documents, the bailiff, among other things, has the right, in order to ensure the execution of the executive document, to seize property, including cash and securities. In addition, articles 68 and 69 of this law define enforcement measures that ensure the execution of a writ of execution, including foreclosure on the debtor's property, including cash and securities. By virtue of part 7 of article 80, copies of the decision of the bailiff-executor to seize the property of the debtor are sent to the parties to the enforcement proceedings, as well as to the bank or other credit organization, other interested parties no later than the day following the day the decision was made.
You, because it is done by him in order to ensure the fulfillment of the requirements of the claimant. The decision to initiate enforcement proceedings is issued by the bailiff within three days from the date of receipt of the executive document. The term for voluntary execution may not exceed five days from the date of receipt by the debtor of the decision to initiate enforcement proceedings.
You will be required to pay the performance fee only if you violate the deadline. established for the voluntary execution of the executive document, which will be calculated after you receive a decision on enforcement proceedings.
Continue the dialogue Pay for an answer Best regards, lawyer Shpadyrev Alexey Alekseevich. It is possible to consult in private messages or make an appointment (phone, viber, whatsapp in the profile). Thank you for your helpful advice!
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Article 65. Search for a debtor, his property or search for a child
(As amended by Federal Law No. 389-FZ of December 3, 2011)
1. In the absence of information about the whereabouts of the debtor, his property or the whereabouts of the child, the bailiff has the right to declare a search for the debtor, his property or the search for a child.
2. The search is announced at the place of execution of the executive document or at the last known place of residence or place of stay of the debtor or child, the location of the debtor's property or the place of residence of the recoverer. The announcement of a search is the basis for the implementation of such a search on the territory of the Russian Federation, as well as in the manner prescribed by international treaties of the Russian Federation, on the territories of foreign states.
3. On its own initiative or at the request of the claimant, the bailiff announces a search for the debtor or his property under executive documents containing requirements to protect the interests of the Russian Federation, constituent entities of the Russian Federation, municipalities, claims for the recovery of alimony, compensation for harm caused to health or in connection with the death of the breadwinner.
4. On its own initiative or at the request of the claimant, the bailiff announces the search for the child on the executive document containing the requirement for the selection of the child.
5. According to executive documents containing other requirements, the bailiff, at the request of the recoverer, has the right to declare a wanted list:
1) a debtor under an executive document of a non-property nature, if the fulfillment of the requirements of the executive document is impossible in the absence of the debtor;
2) the debtor under executive documents of a property nature, if the execution of the requirements of the executive document is impossible in the absence of the debtor and the amount of claims under the executive document (executive documents) in relation to the debtor exceeds 10,000 rubles;
3) the property of the debtor under executive documents of a property nature, if the amount of claims under the executive document (executive documents) in relation to the debtor exceeds 10,000 rubles.
6. The decision to search for the debtor, his property or to search for a child or to refuse to announce such a search is issued by a bailiff within three days from the date of receipt of the claimant's application to declare a search or from the day the grounds for declaring a search arise.
7. The decision of the bailiff on the search for the debtor, his property or the search for the child is issued in the manner prescribed by Part 6 of Article 33 of this Federal Law, indicating the enforcement actions that can be taken and (or) enforcement measures that can be applied by the bailiff, who is entrusted with the functions of the search (hereinafter referred to as the bailiff performing the search), in relation to the debtor, the property of the debtor or the child, discovered during the production of the search.
8. The decision of the bailiff on the search for the debtor, his property or the search for the child is approved by the senior bailiff or his deputy, sent for the search to the bailiff performing the search, and is subject to immediate execution.
9. Copies of the decision of the bailiff-executor on the announcement of the search or on the refusal to announce the search are sent to the parties of the enforcement proceedings. In the absence of information about the whereabouts of the debtor, a copy of the decision of the bailiff is sent to the last known place of residence or place of stay of the debtor. A copy of the decision to declare a search for a child is also sent to the guardianship and guardianship authorities at the place of residence of the child.
10. In the course of a search, the bailiff performing the search shall have the right to request operational reference, search information from data banks and process the personal data necessary for the search, including information about persons and their property.
11. For the production of a search, the bailiff carrying out the search, at the request of the recoverer, has the right to use information obtained as a result of the implementation of private detective (detective) activities, and for the production of the search for a debtor-citizen or child, also use the possibilities of the mass media free of charge.
12. If the wanted debtor, his property or child are found on the territory that is not subject to the powers of the bailiff who announced the search, the chief bailiff of the subject of the Russian Federation at the place where the debtor, his property or child is found will organize an immediate message about this, to including using the Internet, to the territorial body of the Federal Bailiff Service at the place where the search was announced, ensuring the safety of the discovered property, as well as interacting with guardianship and guardianship authorities to transfer the child discovered as a result of the search to the legal representative, guardian or trustee, to whom be transferred to the child in pursuance of the requirements of the executive document.
13. When a wanted citizen debtor is found, enforcement actions are taken, and enforcement measures are applied at the place of its discovery. If necessary, for the performance of enforcement actions or the application of enforcement measures, the debtor-citizen may be forwarded to the nearest bailiff unit to the place of detection.
14. Upon discovery of a child in respect of whom a wanted list has been declared, the bailiff carrying out the search shall immediately notify the guardianship and guardianship authorities at the place of discovery of the child and take measures to transfer the child to the legal representative, guardian or trustee to whom the child should be transferred pursuant to the requirements of the executive document. If it is impossible to immediately transfer the child to the specified legal representative, guardian or trustee, the bailiff transfers the child to the guardianship and guardianship authorities at the place where the child is found, of which he immediately notifies the specified legal representative, guardian or trustee.
15. The bailiff carrying out the search, no later than the day following the day of the commission of enforcement actions and (or) the application of enforcement measures, sends the resolutions (acts) issued (drawn up) as a result of their commission or application to the bailiff-executor who announced wanted.
