How is the inventory of property carried out by bailiffs?

After the bailiffs inventory the property, how long does it take to take it away?

Seizure of the debtor's property by bailiffs

Debtors who refuse to fulfill their debt obligations often try to hide property from FSSP employees by selling it or registering it in the name of relatives. To prevent such behavior, bailiffs have the right to seize the debtor’s property at any stage of enforcement proceedings.

The procedure for inventorying the debtor's property by bailiffs

When drawing up a property inventory document, the debtor has the right to stipulate what items he agrees to sell. This does not contradict current legislation. The bailiff is obliged to take this into account and satisfy the request. If the value of the goods presented does not satisfy the amount of the debt, then the inventory of the property continues until the debt is fully repaid.

How many times can bailiffs come to inventory property?

The worst of nightmares is when, due to arrears on a credit debt, bailiffs burst into the apartment and describe all the property that the owners have, without exception. The debtor made the main mistake in this situation - he allowed the bailiffs to enter the threshold of his house. Most often, this happens due to the fear of falling under the hot hand of the local police officer. However, when making a decision in such a matter, one cannot rely on the prejudices and fear of people from the police.

Basic rules for inventorying the property of debtors by a bailiff

At the time of seizure, a preliminary assessment of the property must be made. If the total amount of the inventory exceeds 30,000 rubles, this should be done by a professional appraiser, if up to 30,000 - by a bailiff. The debtor has the right to disagree with the specified value, about which a corresponding note is made in the act. However, he has 10 days to file a complaint in court. Seizure is imposed only on those things whose total value, according to the assessment, is equal to the amount of the debtor's obligations. That is, if there is a child support debt of 10,000 rubles, the bailiff can describe the property, which in value will be equivalent to 10,000 rubles. But here it must be taken into account that in addition to the principal amount, the debtor is obliged to pay legal costs.

Inventory of the debtor's property by bailiffs according to registration

If an inventory of the debtor’s property was carried out by bailiffs according to registration, where there are other residents, then it is quite possible that their belongings could be seized. It is important to prepare evidence in advance, such as receipts. If the bailiff violated the law and described someone else's property, you can appeal the act in court.

How is the inventory of property carried out by bailiffs?

Seizure of property involves the procedure of making an inventory of each item and entering its data into the drawn up act of seizure. Completion of this procedure means a ban on further use of these things, or their urgent removal from the debtor’s possession. The scope and extent of these restrictions is established by the bailiff. The approximate value of the debtor's seized property should be as much as possible equal to the amount of the debt that must be paid.

What you should know about the procedure for arrest and inventory of the debtor's property by bailiffs

If the decision is positive, the plaintiff can present the document received and take away the things due to him. In this case, the bailiffs will be obliged to lift the arrest from this property and instead collect the debt from other things belonging to the debtor.

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Or draw up an agreement for the safekeeping of valuables with your friend and have it certified by a notary. Of course, if there is such an agreement, the bailiff can describe everything that has value (depending on the bailiff), then it will be necessary to exclude these things from the inventory through a judicial procedure.

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Answer: yes, it can be repossessed, but only if the car is foreclosed on in favor of the mortgagee's bank (creditor). If it is pledged to the bank, then no one except the pledgor will be able to seize the pledged vehicle until the obligations under the loan agreement are fully fulfilled and the pledge agreement is closed.

The procedure for seizing the debtor's property by bailiffs

Let's start again with the most important thing. Bailiffs do not have the right to search the borrower. It should be noted that not only bailiffs have rights and obligations, but also debtors. In particular, the debtor has the right to voluntarily present property that he considers possible for inclusion in the inventory.

Inventory of property

Bailiffs must come to the debtor’s place of residence to enforce the court order. When, in addition to the debtor’s belongings, there are personal belongings of other residents in the house, then their belongings can also be described, unless they provide confirmation that it is their property or go to court. In order to know how the inventory of property by bailiffs occurs, you need to consult a lawyer.

Inventory of the debtor's property by bailiffs

At the end of the inventory, a note is made that the person who accepted the seized property for storage has been explained his rights and obligations. This person is also warned of liability for lost property; that the debtor and other participants in the inventory procedure received information, within what time frame and in what order it is possible to appeal the actions of a representative of the judicial authority.

What bailiffs can take for credit debts

The essence is simple: the debtor and the third party retroactively (preferably before the decision on the commencement of enforcement proceedings) enter into an agreement for the gratuitous use of property, according to which the third party transfers certain things to the debtor for use. Such an agreement must include the names of things, their detailed description, or an attached photograph. It is filled out by hand and does not require notarization. All. Thanks to such a piece of paper, the debtor will save his property by presenting it as the property of a third party.

Inventory of property by bailiffs

Typically, the inventory of the debtor's property by bailiffs occurs on weekdays from 6 a.m. to 10 p.m. However, the performer has the right to come at night or on holidays. If a bailiff has come to describe the property, he is free, in case of refusal, to let him into the premises, to enter and inspect the property forcibly. The bailiff can force the door by obtaining written permission from the senior bailiff. In order to carry out an inventory of property (seizure) for its subsequent sale and reimbursement of debt, the bailiff is obliged to ensure the presence of witnesses. The property inventory act is signed by the bailiff, witnesses and the debtor.

The procedure for confiscation of property by bailiffs

In addition, property is confiscated for debt. This measure is used by creditors as a result of non-payment of debt or serious delay in loan payments. To carry out the punishment, the creditor files a corresponding claim in court and, on the basis of a court decision, receives a writ of execution, which indicates the extent of the confiscation. The writ of execution is sent to the bailiffs, who, in turn, come to the debtor to draw up an inventory of the property and an act of acceptance.

Inventory of the debtor's property by bailiffs

Inventory of the debtor's property - procedural action

For the safety of items subject to inventory, the bailiff has the right to seal them .

The inventory of property is carried out by bailiffs

The inventory of property is carried out by the bailiff, who is obliged to notify the debtor about when and where he will perform this action . However, he is not obliged to verify that you received the document.

The property inventory procedure takes place in the presence of two witnesses and the debtor (his representative). The claimant (his representative) has the right to be present during the inventory of the property.

An adult member of the debtor's family, or, in extreme cases, a representative of the housing authorities, has the right to replace a debtor (his representative) who is absent during the inventory

Before starting to take an inventory of the debtor's property, the bailiff is required to present: an identity card and a resolution to initiate enforcement proceedings .

The procedure for drawing up a property inventory report

When drawing up an inventory, the debtor can exercise his rights and declare what items he offers for collection . If this does not contradict the execution of the decision, the representative of the judiciary is obliged to satisfy the application.

The form of the act of inventory (seizure) of property is established by law . In addition to the place and time of drawing up the act, it must indicate:

surnames, names, patronymics of persons who are present during the seizure of property;
claimant and debtor;
the person to whom the property is transferred for protection;
details of the court document and its contents;
the name of the items that are subject to inventory, with a description of the distinctive features of each (weight, color, size, percentage of wear);
assessment of all items included in the act separately and the value of all property;
the period after which the property will be sold.

The act must include notes that the person who accepted the seized property for storage was explained his duties, and he was warned about responsibility for this property , as well as that the debtor and other persons received explanations about the procedure and deadlines for appealing the actions of the representative judicial authority.

The inventory report must necessarily record comments and statements of persons present during the procedure for seizure of property.

If, at the time when the bailiffs are making an inventory of the property, other persons claim their rights to this property, it is still included in the inventory act, but a note about the claim of another person must be made in the act .

In addition to the bailiff, witnesses, the person to whom the property was transferred under protection, and other persons present during the commission of the procedural action .

The property inventory report must be drawn up in 2 copies. One is for the bailiff, the second is received by the debtor against receipt .

Inventory of property by bailiffs - completion of the procedure

The bailiff, having completed the inventory of the property, must announce to the debtor (if the property remains with him) or the custodian (when transferring the described property for storage) that he is prohibited from disposing of it. This means a prohibition to sell property, exchange, give, etc.

Copies of documents: resolutions on the seizure of property and an inventory of property are sent to the parties to the enforcement proceedings no later than the next day, and in case of seizure of property - immediately .

When bailiffs have the right to describe property

In what cases is the debtor's property described , what are the powers of bailiffs - our experts will answer these and other questions. According to statistics, every Russian family systematically uses the services of credit institutions.

Loans are taken out for almost everything that costs more than the average monthly income. This could be a car, an apartment, consumer needs, education or treatment. Sooner or later, a situation arises when loan payers cannot cope with the financial burden. The debt is growing, bank employees, seeing no other way out of the situation, turn to the appropriate authorities. Within the framework of current legislation, debt recovery is carried out by the bailiff service. If there is an appropriate decision, representatives of the executive body can arrive at the debtor’s residence address and make an inventory of the property.

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Cases when bailiffs may arrive at the debtor’s home to inventory property

Representatives of the executive authority have the right to include in the inventory almost any property that is located at the place of registration of a person who has a debt to credit institutions, for alimony obligations and in other cases. The only exceptions in this case are those items or valuables that do not actually belong to the person for whom the loan was issued. Quite often it happens that other people live in the apartment where the bailiffs arrived to carry out their work. If other people's things are included in the inventory, then you will have to prove their ownership.

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Powers of bailiffs

According to current legislation, representatives of executive bodies have the right to come to the debtor to draw up an inventory of his property without warning. Restrictions on the visit of bailiffs relate only to time - the interval for their work is from 6 am to 10 pm (most often, employees of the executive body stand on the debtor’s doorstep early in the morning).

To carry out their work of debt collection, bailiffs have the right to receive personal information from defendants and check documents for identification.

Important: many people naively believe that they have the right not to allow bailiffs to enter their doorstep. At the same time, we must not forget that the appearance of representatives of executive bodies on the doorstep of a house is not accidental. The powers of the bailiffs include forced entry into the premises where the debtor lives or is registered. In this case, the arriving bailiff service officers must comply with three conditions:

To open an apartment, the team arriving to inventory the property must have a warrant (sanction) from the head of the unit;
There must be an appropriate decision of the judicial authority, which states permission to enter the premises of the person who has a debt and to draw up an inventory of items;
When opening the apartment where the offender lives, outsiders must be present and brought in as witnesses.

It is the observance of these three conditions that simultaneously excludes a violation of the constitutional norm on the inviolability of the home.

Can bailiffs make an inventory of property belonging to the debtor’s relatives?

According to the Federal Law regulating the procedure for conducting enforcement proceedings, first of all, in relation to the debtor, collection in the order of priority begins with the funds belonging to him in bank accounts or with all types of income. If the available funds are not enough to fully repay the existing debt, bailiffs turn to the property that belongs to the person evading payment by right of ownership. When considering the question of whether employees of executive bodies can come to describe the apartment of parents or other relatives, they do not have the right to do this according to the Law. If this happens, the owners of residential premises can challenge this action in court or contact the prosecutor's office.

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Restrictions on the inventory and seizure of property belonging to debtors in respect of whom legal proceedings have been opened

Article 446 of the Civil Code establishes the following prohibitions:

Foreclosure cannot take place in relation to residential premises, which are the only place of residence of the person who has the debt and his family members. The exception in this case for bailiffs is the fact when the apartment was purchased on credit (mortgage). Situations with land plots are considered similarly.
The inventory compiled by the bailiffs cannot include household items. The exception is real rights to jewelry or other luxury.
It is prohibited to foreclose on those things or objects that are the source of the main income for the debtor. For example, barber scissors and other labor tools.

The list is not exhaustive. In practice, compiling an inventory always provokes a large number of difficulties and debates on the part of those living at the place of registration of a person who has not repaid debts to banks or utility companies.

Further actions regarding the property that was described by the bailiffs

The very act of having a team of executive officers standing on the doorstep is threatening. A person or organization that zealously avoids paying off debts, after completing an inventory of existing property, is still given several days to compensate for the financial damage to its creditors. If this does not happen, the next stage starts: the sale of the seized property. Bailiff, taking into account information from publicly available sources about the average market value of certain items. After this, the debtors' belongings go under the jurisdiction of the Federal Agency for State Property Management.

Appraised items, described and subsequently confiscated by bailiffs, go up for auction. If the lots have not been sold within a month, a decision is made to reduce the value of the property to 15 percent. The current procedure for the sale of seized property provides for a further reduction in the price indicator to 25 percent. In this case, the consent of the owner of the items to carry out the markdown is required. The auctions are a bit reminiscent of the American scheme, when debtors who have become bankrupt buy their own property at a bargain price.

Despite the fact that most citizens today have to live on credit funds, acquiring various benefits, no one relieves them of the obligation to pay the debts that arise. The realities of life are such that creditors have quite effective methods of dealing with the lack of income from their clients - they file a claim in court. The situation may be aggravated by the fact that some credit institutions, especially those that issue loans at high interest rates, often resort to the services of collection agencies. In this case, debtors still better hope that bailiff representatives will appear on the doorstep, who will act exclusively within the framework of the Law.

Author of the article: Petr Romanovsky, lawyer In 2000, he graduated from the Faculty of Law of the National Research University Higher School of Economics. She has been working in the legal field for 16 years, specializing in resolving housing disputes, property transactions, family matters, inheritance, land disputes, and criminal cases.

Seizure of the debtor's property by bailiffs

The decision to collect funds from the debtor can only be made by the court.

After the verdict comes into force, the bailiffs take over the case. They forcefully collect the debt. And they have a lot of opportunities for this.

If the debtor does not voluntarily pay the required amount, then the bailiffs have the right to apply collection measures. These include seizure of property.

How is this procedure done? What property can be seized and what cannot? We'll tell you further.

Arrest is an interim measure that allows you to protect property. You never know, what if the debtor decides to sell it or transfer it to other persons.

Procedure

After the bailiff opens a case of enforcement proceedings, you have 5 days to voluntarily repay the debt. You will receive this request by mail.

If you left the message unattended, the bailiff will impose a penalty in the form of an enforcement fee, which is equal to 7% of the debt amount, but not less than 1 thousand rubles.

You have 5 days to voluntarily pay the debt.

Your official earnings will suffer first, including your pension. Up to 50% can be withheld from your income. This money will go towards debt. Bailiffs can also seize your accounts.

If all this does not have an effect, they will come to your home to inventory the property. Of course, you will be notified about the visit in advance.

Seizure of property is imposed:

to ensure its safety;
when executing a court act on confiscation;
when executing a court decision to seize things or real estate.

Seizure of property is the imposition of a ban on the disposal of things or real estate.

When making an inventory, the presence of witnesses is mandatory. The bailiff must draw up an act, which must include:

FULL NAME. those present;
list of things, their names, distinctive features;
preliminary assessment of each item and the total value of all property;
type, scope and period of restriction of the right to use things;
note of seizure (if necessary);
FULL NAME. the person to whom the items were transferred for storage;
a note indicating that you were explained your rights and warned about your responsibilities;
remarks and statements of persons present at the arrest.

Bailiffs will not be able to seize property if the amount collected is less than 3 thousand rubles.

Remember that only those things that are in your property can be described. If family members provide documents stating that this or that item belongs to them, the bailiffs do not have the right to include it in the inventory. These can be contracts, receipts, invoices.

The question of whether to leave things in place or seize them is decided by bailiffs. The property inventory report is signed by FSSP employees, witnesses, you or your family members.

If you have any objections, don't hesitate to voice them. They must be recorded in the act.

If the seizure of property has no effect, the property will be auctioned off or transferred to the claimant to pay off the debt.

What property cannot be seized?

The list of real estate and items that cannot be seized is given in Federal Law No. 229-FZ dated October 2, 2007. For example, they cannot describe the only housing, with the exception of a mortgaged apartment or house.

The list also includes:

the plot of land on which the house stands;
clothing, shoes and other personal items;
things of ordinary home furnishings;
property that is necessary for work (for example, a computer for a journalist, a sewing machine for a dressmaker, etc.);
domestic animals that are used for their own needs - cows, deer, rabbits, poultry, bees, as well as food for them;
Food;
fuel for cooking and home heating;
means of transportation for disabled people;
various awards.

The ban does not apply to jewelry - they can be seized.

Seizure of pledged property

The situation with pledged property is slightly different. When a bank gives a mortgage, it leaves the apartment as collateral. This serves as a guarantee that the person will repay the loan amount.

If you don't make payments, the mortgaged home will be seized and sold, and the funds will go to the bank. It does not matter whether you have other debts or whether anyone else is claiming payments from the sale of the property.

Collateral property can be seized and sold at auction.

If you cannot sell an apartment or car purchased on credit, they can be transferred to the bank to pay off the debt.

For this reason, credit institutions rarely go to court - it is simply not profitable for them to sell cars or real estate that have already been used and have fallen in price.

Arrest of the only home

It is impossible only if the apartment or house is not pledged to the bank. The bailiffs will not be able to describe the home, which is the only suitable place for living for the family, as well as the land under this building.

However, if the apartment is mortgaged and you do not make payments, the bank has the right to file a lawsuit and demand its sale. In this case, even the lack of other living space will not be a hindrance.

The apartment is pledged to the bank until the loan is fully repaid.

If the court has made a decision to seize the mortgaged apartment, the bailiff draws up a seizure order. This document is sent to Rosreestr, where the encumbrance is registered. The information is entered into the unified state register of rights to real estate (USRP).

If you have no other housing and have minor children, you can ask the court to delay the execution of the court decision on eviction for up to one year.

The mortgaged apartment can be sold to pay off the debt.

Imposing restrictions on the registration of rights to a single dwelling

Despite the fact that they cannot take away your only home for debts, the court has the right to impose restrictions on the registration of actions for the alienation of real estate. You will not be able to sell or transfer the apartment to other persons in an attempt to avoid paying off the debt.

In addition, you may be prohibited from registering anyone in your living space until you pay off the debt.

A seized apartment cannot be sold or transferred.

The procedure for inventorying the debtor's property by bailiffs

An inventory of the debtor's property by bailiffs is a procedural action aimed at obtaining funds through the sale of property. It is carried out when property is seized. The property is described according to registration, in an amount equivalent to the amount of debt under the writ of execution.

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It also includes other execution costs. Only goods in the possession of the accused are seized. To minimize the risks of independent implementation, the bailiff has the right to seal the property.

This action is carried out by the bailiff on the basis of a writ of execution. It is he who notifies the accused about the action being performed, as well as its time and place. He has the right not to clarify the fact of receipt of the document. Sending it is considered the main provision for the arrival and seizure of property.

The procedure is legally accompanied by two witnesses. These could be neighbors or relatives. A representative of the accused has the right to be present if he cannot be present at this action. Only an adult citizen can replace the main borrower. This may be a relative or representative of the housing authority.

To conduct an inventory, the state representative must present a document certifying the position and a resolution on enforcement proceedings.

Arrest is considered the final stage in such proceedings. It seizes all the property of the accused so that the latter cannot dispose of it, including donating and selling.

It is the inventory and subsequent arrest that causes the most controversy in the judiciary. Debtors often complain that bailiffs violate their rights. To clarify this, it is better to know the main nuances and legal norms.

Seizure is made at the end of the trial. Once it ends, the accused is notified. He has the right to pay the full amount of the debt within five days after receiving the document. Without prior notice, inventory and seizure of property is not possible.

If the debtor does not meet the payment deadline, then the state representative makes a decision on the sale of the property and its arrest. A copy of such a document is sent to the place of residence and registration of the accused. Only after all the above actions, the bailiff has the right to come to the place of registration and describe the property.

Legal basis

This action is regulated by legal acts. All this must be within the framework of the rules of the federal service.

For this you need:

Federal Law “229, Article 80. It stipulates the rules for seizure and the basic requirements for the property of the accused;
Federal Law “118” stipulates the duties of government representatives and their work;
Federal law with an additional agreement to allow government agencies to request and operate bank accounts.

The confiscation of the property of the accused is especially carefully prescribed in the legislative act on the seizure.

Video: How to avoid seizure

Drawing up an inventory of the debtor's property by bailiffs

Drawing up an act is a labor-intensive and complex matter. So how does this procedure happen? What to do about this? And what can’t bailiffs describe?

A sample inventory act is established at the legislative level. The document details must include:

place of compilation;
time of compilation;
Full name of witnesses;
claimant and debtor under the writ of execution;
citizen to whom property is transferred for protection;
details of the writ of execution;
a property name that is described with distinctive features;
the weight of each item;
quality and cost assessment;
the period for the sale of this property.

In the legal document, notes are made about the responsibility of the person to whom these items are transferred for storage. His responsibilities are explained to him. The rights of debtors and other persons regarding the period for appealing the actions of bailiffs are also stipulated. The document specifies all appeal procedures and claims of persons for a given period of time.

In the event that, during the seizure of goods, other persons claim ownership of the property, it is entered into the documents, but the claim of a third party must be entered as a note. The act is signed by the bailiff, witnesses and the person who received such items under protection.

The document is drawn up in two copies. One remains for the debtor, one for the bailiff.

If enforcement proceedings involve a large debt, then the decision may affect real estate. Its implementation may take an indefinite period of time. Before the auction, the debtor himself becomes the guardian of the property.

This is formalized in accordance with the norms and procedures of the law. That is, a receipt must be signed for the transfer for safekeeping.

Often the storage of such real estate drags on for years, or even decades. Selling a product is not an easy task. And if it is not sold, then it is returned to the debtor.

An arrest is made only on legal grounds. This basis becomes the existence of enforcement proceedings. Applicable only to citizens who have not timely fulfilled their obligations to pay utility bills, loans or administrative fines.

The description applies:

when the judicial authority orders the confiscation of the property of the accused for the sale of property in order to pay off debt obligations;
when deciding to seize;
while retaining the property for transfer to the applicant.

Seizure may be applied to any goods of valuable origin, such as:

real estate;
automobile;
accounts opened with a bank;
precious metals;
household appliances and electronics.

All exceptions are stipulated in the Civil Procedure Code, or more precisely in Article 446.

On disciplinary action against military personnel. More details here.

Not subject to arrest:

real estate objects that are the only home of the owner and his family;
equipment necessary for a comfortable stay. These include a refrigerator and a stove;
technique in singular;
clothing excluding jewelry;
goods for professional activities;
animals;
a car or other equipment of a disabled person;
Food;
badges, orders;
mortgaged property.

Bailiffs do not have the right to search the apartment.

If this is a legal entity, then the seizure cannot be imposed on the property taking part in the proceedings. If no other goods are found, then any actions with this property are seized.

Responsibilities of bailiffs

According to the current bill, a state representative has the right to:

seize property, guided by the laws and without violating the rights of the debtor;
to forcibly collect the debt and initiate enforcement proceedings;
look for the debtor and act ethically;
resolve controversial and conflict situations.

Restriction of rights and complete arrest

When drawing up a document, all restrictions on the rights to use it are indicated. Violation of such a resolution is punishable in accordance with the law. The debtor faces criminal liability.

Seizure depends on certain actions, amounts and decisions of the executive body. In each case, this is your own decision. The moment is personal.

When making a decision, its assessment, purpose and type are taken into account.

The seizure cannot be directed to real estate if this is the only housing for the debtor and his family. To clarify this fact, the executive body sends a request to Rosreestr. If the debtor has additional real estate, then the property is subject to seizure. This type of notice is sent to the debtor.

From this moment on, he no longer has the right to dispose of it. Until its sale, it remains in the custody of the owner.

Completing the procedure

After an inventory of all property, the bailiff announces to the owner or custodian a ban on the use of this product, as well as the impossibility of further manipulations for resale, sale and donation.

The bailiff also hands over copies of documents on placing property under arrest and an inventory act. All related documentation is sent no later than the next day after the arrival of the executive body. Upon seizure, these documents are transferred immediately.

Situations where the property does not belong to the debtor are frequent conflicts in litigation. Often household appliances were bought by relatives who were forced to live with the person under enforcement proceedings. Proving the fact of ownership is quite difficult.

How to file a claim for unjust enrichment? The answer is in the link.

On a statement of claim for the recovery of a penalty. More details here.

Bailiffs have the right to describe all property in the territory of registration of the debtor. To prove your case, you need to provide receipts confirming the fact of purchase by another person.

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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