How property is seized by bailiffs

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.

What property can be seized and how it happens

A citizen is not able to foresee all the difficulties that await him in life: loss of a job, decrease in financial income, illness of a close relative. As a result, the borrower stops making loan payments and paying mandatory bills (taxes, housing and communal services). If there is a long delay, the lender or other organization has every reason to file a claim in court, which leads to an inventory of the property.

What is property seizure and what is it used for?

Property seizure is the legal imposition of a ban or restriction on the disposal of property. The decision is made as a result of legal proceedings. The measure helps prevent the possibility of alienation from property and re-registration .

Legislative measures are used to control the situation that has arisen. The state does not pursue the goal of leaving a citizen without a place of residence or taking away property for debts.

What property can bailiffs seize? The prohibition on disposal of property is applicable in the following situations:

1. After the court makes a formal decision to seize property to pay off the debt.
2. After the bailiff issues a seizure order , if the debtor does not repay the awarded debt.
3. If the property needs to be preserved for further transfer for use to the claimant or sale at auction.

Who can describe the debtor's property? A ban may be imposed by:

• court;
• bailiffs;
• customs (in rare cases).

Grounds for seizure of property

To carry out the procedure through the court, it is necessary to provide legal grounds . The main aspect is the initiation of enforcement proceedings . As a rule, it is brought up during the trial. Applicable to citizens who have incurred arrears in paying housing and communal services, credit obligations, alimony or fines. When the claimant goes to court, enforcement proceedings . Read also how to find out your child support arrears.

Grounds for imposing a ban:

• the court's decision;
• bailiff's order.

What property is prohibited from being seized?

Executive branch officials may impose a ban on any property, with the exception of the following categories:

• clothes;
• real estate object , if it qualifies as the only one;
• vital furniture;
• Food;
• vehicles for transporting disabled people;
• technical devices necessary for life;
• state awards.

Seizure procedure: algorithm of actions

The procedure for imposing a ban can be divided into several stages:

1. Inventory of the debtor's property . Information about the financial condition of the citizen is collected in advance. In some situations, a ban cannot be carried out if the property does not include valuables. You can describe only that part of the property that is sufficient to write off the debt. When enforcement proceedings are initiated, the first stage begins. The bailiff has the right to arrive at the citizen’s place of residence for an initial examination of the existing property and to analyze its financial condition. The procedure is carried out only if there are two witnesses
2. Valuation of property by bailiffs . A citizen has the right to insist that the procedure be carried out by an independent specialist.
3. Seizure is also possible in the presence of two witnesses. The list of property must match the previously compiled inventory. Bailiffs rarely confiscate property. In practice, most often, the citizen continues to operate it, but with a number of restrictions.

The drafted act must record the following information:

• address where the document was drawn up;
• time;
• information about witnesses (full name);
• Full name of the creditor and debtor;
• Full name and position of the employee drawing up the document;
• Full name of the responsible citizen who must be responsible for the safety of the property;
• requisites;
• complete information about property objects (weight, value after assessment, presence of special notes);
• over what period of time objects can be sold through an auction.

To familiarize yourself with a sample of the drafted act, you can download from the following link https://dogovor-obrazets.ru/sample/Act/497/download.

Consequences of the procedure

Is it possible to use seized property? Once a ban is placed on the debtor's property, he will not be able to use it without restrictions until he pays off his debt obligations. In practice, if the object is not confiscated, the debtor can use it for domestic purposes , but cannot dispose of it for sale on the market or include it as collateral.

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Can NAPKA help in the fight against debt collectors: money-budget.ru/borrow/collectors/napka.html

Grounds for appealing arrest

What are the grounds for lifting the seizure of the debtor’s property? When a ban on the disposal of property is unfounded or illegal , a citizen has the right to appeal the decision when re-applying to the courts.

In the process it is possible to achieve the following results:

1. Remove the prohibition from the previously described property. The subject of appeal is the decision to seize.
2. may be excluded from the compiled inventory list on the basis of 446 Code of Civil Procedure . In this case, there is a separate consideration of the legality of including objects or excluding them.
3. Recognition of the actions of bailiffs as illegal.
4. Removing fixed restrictions.
5. Return of property objects to the full disposal of the citizen for further disposal.

If the confiscation was carried out at an illegal level, the citizen has the right to appeal the decision . Higher courts may reverse a previously adopted arrest decision in whole or in part. In the second case, part of the property is released from seizure if the debtor proves that the bailiffs acted illegally or violated a number of legislative rules.

Watch a video on how to save property from seizure:

Confiscation of property by bailiffs

Confiscation of property by bailiffs is a common procedure and always unpleasant for the debtor . What can and cannot be confiscated? And how can you protect your property from seizure?

Letter of the law

The law considers confiscation of property as a compulsory punishment. Its task is to seize property from a person who is found guilty of committing an offense or is in debt for some services, or is obliged to compensate for damage caused to the property or health of a third party.

The grounds, procedure and features of the application of such sanctions are described in the Criminal Code of the Russian Federation - in Articles 104.1-104.3 of Chapter 15.1, in the Civil Procedure Code and the Family Code.

• Bailiffs of a person’s criminal activity. We are talking about the sale of people and drugs, murder and terrorism, the issuance of counterfeit banknotes and other crimes.
• Property is seized to pay off a debt. The creditor may demand the imposition of such sanctions if the debtor citizen or organization does not pay the debt or makes significant delays in payments. In this case, the creditor files a claim in court, which makes a decision and issues a writ of execution on its basis. In accordance with this document, bailiffs are sent to the debtor to draw up an inventory of the property and seize it.
• Property is confiscated with a view to transferring it to the person in whose interests the enforcement proceedings were initiated. This happens when this person filed a claim in court, where he asked to recover property from the illegal possession of another person. Such a requirement may be based on the fact that the applicant wants to receive the results of his work or things that must be transferred to him in accordance with the contract.

What can be confiscated by bailiffs ?

It depends on the purpose for which the seizure is taking place. When it is necessary to pay off a debt (on a loan, utility bills, etc.), they may be confiscated

• food products, goods with a limited shelf life;
• money – in ruble equivalent or in the currencies of other countries;
• means of transportation - car, bicycle, motorcycle, jet ski and others;
• luxury goods, works of art;
• securities;
• jewelry (jewelry and precious);
• home appliances;
• real estate;
• other things at the discretion of the bailiff.

What can't be taken away?

Article 446 of the Code of Civil Procedure of the Russian Federation specifies what property cannot be confiscated. This

• items that the debtor uses for personal use: clothes, dishes, shoes, and so on;
• money and food for a total amount not less than the subsistence level in a particular region;
• household appliances: oven, refrigerator, washing machine;
• furniture that is necessary for living: beds, tables, chairs;
• a car if it acts as a source of income, for example, a truck, bus, passenger transport that transports passengers or cargo: if its price is no more than 100 minimum wages;
• computer and other equipment used to earn money, except for equipment whose cost is higher than one hundred minimum wages at the current time;
• housing or part of it when this is the only suitable premises for living for the debtor himself and the members of his family with whom he lives in it - except for housing pledged to the creditor (mortgage);
• land where housing is located (not collateral);
• fuel for home heating;
• vehicles for the rehabilitation of disabled people - the debtor himself or a member of his family;
• livestock - dairy and working, poultry, rabbits, bees, deer, as well as food for them and buildings where animals are kept;
• seeds for sowing;
• awards and prizes.

If, after drawing up an inventory of confiscated property, a citizen has a disagreement with the list, he has the right to write a statement demanding that certain things be excluded. You need to write a document addressed to the senior bailiff or file a claim in court.

Seizure of property

The process consists of several main stages. As soon as the bailiff service receives a writ of execution from the court, its employees must initiate enforcement proceedings.

The property is seized, which is confirmed by the relevant documents - the order of the bailiff. The right to use property is limited: it cannot be sold, donated, or exchanged.

The FSP employee must inform the debtor about this, and also that enforcement actions will be taken, that is, the property will be confiscated. He can serve the relevant notice using a notice sent via courier or by mail. This document is sent to the address where the debtor is registered.

However, there are situations when the bailiff is not required to inform you about your visit in advance. He can arrive without warning if the court has decided to immediately seize the property.

Repossession of property

After notifying the debtor or without it, the bailiff visits the place where he lives to check what property he owns and confiscates things permitted by law. In this case, cash and jewelry are immediately confiscated.

• An inspection of the property is carried out, an act of acceptance and an inventory are prepared. In this case, witnesses must be present - two people who are not among the interested parties in relation to the debtor. They observe how the seizure proceeds and, after its completion, put their signatures on the act.
• Then the debtor has another five days to indicate the property prohibited from alienation by law.
• The property is confiscated and transferred to the disposal of government agencies that are involved in its sale. The bailiff himself chooses the person to whom the things will be transferred for storage. This may be a third party or one of the parties to the enforcement proceedings.
• Property seized from the debtor is put up for auction by the bailiff's office. Its sale price should not be lower than the market value.
• The bailiff service sends the money received as a result of the sale of confiscated property to the creditor to repay the debt.

There is a certain sequence in which property is seized. First, the seizure is imposed on securities and cash, then on movable and immovable property.

Documentary side

When seizing property, great importance is attached to the correct completion of documents.

In the decree according to which things are confiscated, as well as in the act of seizure, the

• information about the bailiff, debtor and witnesses (details);
• the name of the property that is seized and confiscated;
• characteristics of the property and supporting plan documents plus technical documentation;
• an indication of the preliminary value of the property, which the bailiff determines on the basis of information received from the debtor;
• information that the property has been seized;
• details of the person to whom the property is transferred for storage and his receipt indicating that he is notified of his responsibilities in relation to this property and will be held liable if it is lost;
• comments and objections put forward by the debtor and attesting witnesses, if any.

The decree that imposes the seizure, as well as an inventory of the property, must be drawn up in two copies. One of them is received by the debtor, the other remains with the bailiff.

A mandatory stage of the procedure is notification of registration authorities, banks, owners of property that is municipal or state property; as well as professional participants in the securities market. They are sent writs of execution as soon as the confiscation is completed.

Features of seizure of money, real estate, cars

When confiscating funds or bank deposits, the bailiff must contact the credit institution and provide a decree to seize the debtor’s account. Then, in accordance with this document, money is withdrawn from the account and sent to another.

If real estate is confiscated, then after the seizure is imposed on it, the bailiffs send a photocopy of the decision on sanctions to Rosreestr. This is necessary so that all possible real estate transactions are blocked. This prevents the debtor from selling or donating the property until it is confiscated.

When real estate is seized, the bailiff must have a complete package of documents on hand. It includes a certificate confirming the debtor’s ownership of the object, an extract from the Unified State Register of Real Estate, and a technical passport.

When the property is a separate building or structure, the bailiff is obliged to request information about it from the Registration Chamber. And the debtor, at the request of the bailiff, must provide other documents for the property, including a cadastral plan.

When a car is seized, in parallel with the arrest and confiscation of property, the bailiff issues a resolution prohibiting registration actions related to the alienation of the vehicle. The FSP officer sends this document to the traffic police.

How to get your property back?

According to the law, the owner can fully return the confiscated property within five days from the moment it was confiscated. This is only possible if he has fully repaid the debt.

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When is confiscation legal?

In practice, it often happens that property is confiscated with violations. The presence of a bailiff at the debtor’s place of residence and the seizure at a certain point in time is considered legal if

• having come to the debtor, the bailiff presents him with the consent of the senior bailiff to carry out the arrest - in writing;
• during confiscation, two witnesses are present;
• seizure is carried out from 6:00 to 22:00 on weekdays or on weekends from 9:00 to 20:00.

If these requirements are not met or the citizen does not agree with certain actions of the bailiff, he has the right to appeal the confiscation by contacting the head of the bailiff or the court. Other persons whose rights, in their opinion, have been violated, can also complain to the FSP.

The law establishes a limited time limit for filing such a complaint - ten days from the date of confiscation.

If the actions of the bailiff are considered illegal by his management or the judge, then the FSP is obliged to return the property taken from the debtor.

Conclusion

Despite the fact that the seizure of property by bailiffs is quite fully described in Russian legislation, there are many nuances in this process. Without a thorough knowledge of legal and procedural aspects, one may not pay attention to certain points in the actions of bailiffs who violate the law.

To avoid this and not lose your things that are not subject to confiscation, you can seek the help of a qualified lawyer. Moreover, it is recommended to do this as soon as you find out that enforcement proceedings may be initiated or have already been initiated against you or your loved one.

Seizure of the debtor's property by bailiffs: grounds and exceptions

Seizure of the debtor's property by bailiffs is one of the ways to collect debt in favor of the creditor. As a rule, the process gets underway after a court decision is made and it is transferred for execution to the FSSP. Seizure of property imposes restrictions on the disposal and any financial transactions on it by the debtor. As a result, the safety of material assets and the guarantee of repayment of debts in whole or in part through their subsequent sale are ensured.

Grounds for seizure of the debtor's property by bailiffs

The actions of bailiffs are regulated by Federal Law No. 229 of October 2, 2007 “On Enforcement Proceedings”. In accordance with Article 80, in order to seize property, the following conditions must be met:

• Availability of a writ of execution on debt collection;
• The decision taken by the bailiff to satisfy the claimant's application for arrest.

Seizure of property occurs for the following purposes:

• Ensuring the integrity of the property to be sold or provided to the claimant;
• Execution of a court decision on confiscation of property;
• Execution of a court decision to seize property owned by the debtor or third parties.

What is subject to seizure of the debtor's property by bailiffs?

To ensure the execution of a court decision and debt collection, bailiffs can seize the following property:

1. Financial resources.

First of all, an attempt to repay the borrower's debts is carried out using cash. For this purpose, information is collected about the debtor’s place of work, his regular income and methods of receipt, as well as the availability of bank accounts and deposits.

If there is a sufficient amount of money in the accounts, it is blocked and withdrawn. If the debtor receives wages on the card, then up to 50% of the funds are withheld from each receipt. And withdrawal can occur in stages until the debt is fully repaid.

In turn, cash may also be confiscated if reliable information about it appears from the bailiffs.

2. Other material assets.

If the debtor is unemployed and has no accounts or official income, then the execution of the court decision is carried out through the seizure of property and its sale. For this purpose, extracts from tax authorities and state registers are requested. Based on the collected data, a list of the debtor's property is formed.

Then the executors “visit” the target person at his place of residence and make an inventory of the property. As a result, all valuable items are seized, including movable and immovable property, jewelry and luxury items.

What exceptions might there be?

However, there are exceptions where arrest does not apply. And also, a list of types of property that are not subject to foreclosure.

If the amount of debt is less than 3,000 rubles, then punishment in the form of seizure of property is not applied. However, this requirement does not apply to funds held on plastic cards, bank accounts and deposits. Their blocking and seizure is carried out for any amount of debt. At the same time, any money from payments and benefits for children cannot be withdrawn.

Seizure of the debtor's property by bailiffs does not apply to the following property:

• Housing or part thereof, which is the only place of residence for the debtor and his family, except for mortgaged real estate;
• Land areas on which the only residential premises are located;
• Household and household items, personal hygiene and personal use items, except luxury items and precious items;
• Items intended for the professional activity of the debtor, if their value does not exceed 100 minimum wages;
• Birds, animals, and insects for personal breeding and use, including outbuildings and land for their maintenance. Including seeds for sowing;
• Products and cash in an amount not less than the subsistence level of the debtor and his dependents;
• Fuel necessary for cooking and heating living quarters;
• State awards, personalized prizes and badges of the debtor;
• Property necessary for the movement of a disabled debtor, including vehicles.

A detailed list of property is set out in Article 446 of the Civil Procedure Code of the Russian Federation.

Is it legal to seize the debtor's property by bailiffs?

The Federal Bailiff Service is a government agency that operates within the framework of regulatory legal acts. Since enforcement proceedings are initiated on the basis of executive documents or a court decision, the seizure of property is a justified action and does not contradict the requirements of the law.

However, certain activities may cause disagreement on the part of debtors. As a rule, this happens in cases of seizure of property that falls into exceptions or does not belong to the debtor. For example,

• The types of property listed above (Article 446 of the Code of Civil Procedure);
• Property of relatives and family of the defaulter;
• Seizure of items whose value significantly exceeds the amount owed;
• Erroneous classification of items as luxury and, as a consequence, their seizure;
• Seizure of pets.

On what basis can the seizure of the debtor's property be appealed?

Any actions of bailiffs that do not have sufficient grounds or are illegal can be appealed. Moreover, a complaint can be filed for violation of the seizure procedure and for excessive restrictions. And also on the decision itself.

Depending on the subject of the disagreement and the level of violations, a complaint may be submitted:

• Head of the territorial branch of the FSSP;
• Head of the higher-level department of the FSSP;
• To a higher court.

As a result of filing a complaint, it is likely to achieve:

1. Cancellation of the seizure of part of the property and or complete removal, if there are no sufficient grounds for the seizure.

2. Changes in the inventory of property with the exclusion of the list of items not subject to seizure. This can be done if some of the items and property were included in the list by mistake.

3. Making a decision on the illegality of the arrest. If the bailiffs committed violations during the procedure.

4. Removal of a number of restrictions on operations and transactions with the debtor’s property;

5. Receiving confiscated items and property back for use.

Conclusion.

So, seizure of the debtor’s property by bailiffs is a key stage of enforcement proceedings. The process arises on the basis of a court decision or a writ of execution (writ of execution) for debt collection in case of failure to pay the established amounts to the creditor on time.

Any financial assets and other material assets of the debtor may be subject to arrest. The only exceptions are the categories of property specified in the Code of Civil Procedure of the Russian Federation. As a rule, the actions of bailiffs are legal. However, during the procedure, violations and errors may be made, which can be appealed in various ways.

How property is seized by bailiffs

Many people who find themselves in an unpleasant situation related to debt have a question: how will the property be seized by bailiffs?

It is worth considering that arrest is not always possible, but only in a number of the following cases, which include the following situations:

• 1. In order to guarantee the safety of the debtor’s property;
• 2. If there is ALREADY a corresponding judicial act in hand, about which the debtor is aware. If not, he can appeal the ruling;
• 3. Also, such actions are possible within the framework of the execution of a judicial act, which determines the form of seizure.

Each situation is individual, so it is impossible to draw clear boundaries, which is why the form of restriction of the rights to use property cannot be written off as a carbon copy; it is determined in each specific case separately, with an emphasis on the nuances.

So, the seizure of property belonging to the debtor will be carried out by bailiffs; the law requires the presence of attesting witnesses.
You should be interested in ensuring that the procedure takes place in strict accordance with the registration requirements, so it is important to monitor the correct completion of the papers (act). It contains the following data:

• — Full name (data) of those persons who are present during the arrest;
• — All names in full of things that are subject to arrest are registered;
• — A preliminary assessment of all items is made, plus the final cost is indicated in the appropriate columns;
• — It is important that when drawing up papers, the technical details of the restriction, its type, timing, and so on are indicated;
• — A note about the seizure is placed and it is indicated to which person or organization the property will be transferred;
• — A note is also made that an explanatory conversation was held indicating to the debtor all his rights, obligations and other legal aspects;
• — All current remarks of persons who are present during the arrest are also included.

The act is signed at the end by the bailiff, as well as by all those present (witnesses, the person taking the property for storage or protection, other interested parties).

If for some reason someone suddenly refuses to sign the document, a note about this is also made.

Copies of the resolution are sent to the parties, plus, depending on the situation, to banks or other credit organizations almost immediately after drawing up. If the property has been seized from the debtor, this action cannot be delayed.

This is how property is seized by bailiffs.

For any questions, please contact our online portal. Our experienced lawyers will answer your questions about whether a bailiff can enter the apartment, whether it is possible not to let the bailiff into the apartment, what the bailiffs cannot take away, etc.

Question answer

Free online legal advice on all legal issues

Car arrest

According to the writ of execution, the debt is 100 thousand. A car worth 800 thousand has been seized. Is it legal?

Yes, it is legal, because arrest is not the same as foreclosure. It was wrong to foreclose on it due to the disproportion between the cost of the car and the size of the debt, but a seizure can be imposed.

4. Seizure of the debtor’s property includes a prohibition to dispose of property, and, if necessary, restriction of the right to use property or confiscation of property. The type, volume and period of restriction of the right to use property are determined by the bailiff in each case, taking into account the properties of the property, its significance for the owner or possessor, the nature of its use, which the bailiff makes a note in the resolution on the seizure of the debtor’s property and ( or) an act of seizure (inventory of property).

Seizure and sale of property

The garage was seized, although payments are regularly made to repay the debt. Today we found out that the garage was sold, but no one informed me. Is This Legal?

You have the right to appeal the actions of the bailiff to the senior bailiff, to the prosecutor's office, or to the court.

Are actions taken without a court decision legal? After an appeal, is it possible to return the property?

Without a writ of execution, the bailiff did not have the right to carry out any enforcement actions at all, since enforcement proceedings can only be initiated on the basis of a writ of execution (court decision).

Any unlawful step by a representative of the FSSP can be appealed within 10 days by the party against whom enforcement proceedings have been opened or by another person whose rights have been violated. The claim is written to the head of the service or directly in the form of a lawsuit in court. Each case is considered separately, and if abuse of authority is proven, the items will be returned to the applicant.

Carefully read the documents in the enforcement proceedings. Take photographs of all documents in production. If you disagree with the materials of the proceedings, file a complaint against the bailiff online http://fssprus.ru/form or file a complaint through the office, the chief bailiff of your area against the bailiff who is obliged to execute the court decision. Print on two sheets of paper, one for the institution, the other for you with a mark (date, signature of the person who accepted the application) stamp of acceptance. If you do not receive a response within 10 days, complain to the FSSP Office in your region. If you do not receive a response within 10 days, contact the court at your place of registration with a statement to challenge the actions/inactions of the bailiff.

If difficulties arise, I recommend contacting our office for a consultation with our specialists. The free legal consultation service will prepare all documents, complaints and statements for you. Discount using the promo code “Free Legal Consultation Service”. If you are in another city, then you can send scans or photos of documents [email protected] The cost of services will be answered in a letter or call +7 (495) 228-26-51 Moscow, Staropimenovsky Lane 18 [email protected ] http://advokat-malov.ru/kontakty.html

The bailiffs took the car.

10 working days or calendar days before its implementation?

The forced sale of the debtor's property is carried out through its sale by specialized organizations involved in the manner established by the Government of the Russian Federation. The specialized organization is obliged, within ten days from the date of receipt of the debtor’s property under the transfer and acceptance certificate, to post information about the property being sold in public information and telecommunication networks, and about the property being sold at auction, also in the print media.

6. The bailiff, no earlier than ten and no later than twenty days from the date of issuance of the decision on the assessment of the debtor’s property, issues a decision on the transfer of the debtor’s property for sale.

7. The bailiff is obliged to transfer to a specialized organization, and the specialized organization is obliged to accept the debtor’s property from the bailiff for sale within ten days from the date of the decision to transfer the debtor’s property for sale. The transfer of the debtor's property to a specialized organization for sale is carried out by a bailiff under a transfer and acceptance certificate.

Seizure of a PDA by court order

I am a shareholder of the PDA. By court decision, arrest has already been imposed. What will happen next?

Seizure of property

Can the debtor, after seizing the vehicle and putting it up for sale, continue to drive it?

Use of shared property

Hello. There is an industrial building, two owners each have 1/2 shares, the shares are not allocated. Do relatives of one owner have the right to use a share without the consent of the second owner? What consequences?

Good afternoon As stated in Art. 247 of the Civil Code of the Russian Federation: 1. Possession and use of property in shared ownership is carried out by agreement of all its participants, and if agreement is not reached, in the manner established by the court. 2. A participant in shared ownership has the right to be given for his possession and use a part of the common property commensurate with his share, and if this is not possible, he has the right to demand appropriate compensation from other participants who own and use the property falling on his share.

That is, in this case (when determining the order of use), compensation for use is provided.

Prohibition on taking actions to register (encumbrance) a real estate property according to the resolution of ROSP.

I received a letter from the Office of the Federal State Service. registration of state registration of a restriction (encumbrance) of the right to a property on the basis of a resolution of ROSP, although over the past 4-5 years I have not received any notices of debt from POSP. Did ROSP do the right thing in this case and how should I proceed?

Good afternoon Carefully read the documents in the enforcement proceedings. Take photographs of all documents in production. If you do not agree with the materials of the proceedings, file a complaint against the bailiff online http://fssprus.ru/form or file a complaint through the office, the chief bailiff of your area against the bailiff who is obliged to execute the court decision. Print on two sheets of paper, one for the institution, the other for you with a mark (date, signature of the person who accepted the application) stamp of acceptance. If you do not receive a response within 10 days, complain to the FSSP Office in your region. If you do not receive a response within 10 days, contact the court at your place of registration with a statement to challenge the actions/inactions of the bailiff. Applications to bailiffs http://fssprus.ru/search/?string=%E7%E0%FF%E2%EB%E5%ED%E8%E5&date_from=&date_to=&where=1 PROSECUTOR GENERAL OFFICE https://ipriem.genproc.gov. ru/contacts/ipriem/ The Free Legal Consultation Service will draw up all documents, complaints and statements for you using the Free Legal Consultation Service promo code 9. The cost of services will be answered in a letter or by phone +7 (495) 228-26-51. Moscow, Staropimenovsky lane 18 [email protected] http://advokat-malov.ru/kontakty.html

Bankruptcy

Hello.! I've been going through the bankruptcy stages for exactly a year now. Now I will soon have the first court arbitration hearing on my bankruptcy. But earlier, in a few days, another court hearing was already scheduled at the request of the plaintiff (the bank). How should I act and how should I be? And one more thing, what will happen to my accounts if there are funds on them? Thank you!