What things can bailiffs take away?

What bailiffs can take for debts

Debt collection by court decision is an extreme case that occurs if the borrower refuses to return the money and avoids contact with representatives of the bank or collection agency. After the judge signs the writ of execution, bailiffs enter the case in accordance with Federal Law No. 229-FZ.

How debt collection by bailiffs begins

The procedure for debt collection by bailiffs begins with informing the debtor, who is sent a letter with a decision to initiate IP (enforcement proceedings) against him, as well as outlining the reasons for initiating the procedure. The borrower is given 5 days after receiving the letter to contact the nearest FSSP branch to repay the debt. If he fails to appear within this period, a decree is issued to seize his bank accounts, from which the amount of debt in accordance with the writ of execution and 7% for the services of bailiffs are written off.

If the debt claim cannot be satisfied by seizing bank accounts, and the borrower refuses to appear at the FSSP department, the bailiff may initiate a visit to the debtor’s registered address, accompanied by a representative of the creditor. An on-site inspection of the property and its inventory is carried out, which implies a ban on sale, rental or intentional damage, but not confiscation. The inventory is carried out in the presence of 2-3 witnesses, who can be neighbors or other disinterested citizens. After the inventory, the defaulter is given 10 days to repay the debt, after which the confiscation of the described property can begin to put it up for auction. The powers of bailiffs and the rules for debt collection procedures are described in detail in Federal Law No. 118 and Law No. 229-FZ “On Enforcement Proceedings”.

What can be confiscated for debts?

Often, confiscation of property does not occur if the debtor has a good official salary, from which 30–50% is collected to pay off the debt. If monthly deductions from wages are not possible, bailiffs may confiscate:

land, cottage, garage or car;
jewelry and products made of precious metals;
luxury items (antiques, paintings, sculptures) of artistic value;
household appliances and electronics that are not urgently needed (slow cooker, microwave oven, juicer, etc.);
liquid furniture and decorative items.

What they can’t collect for debts

Law “On Enforcement Proceedings” No. 229-FZ regulates the list of the debtor’s property that cannot be confiscated. These include:

the only housing that is not under a mortgage;
things and items necessary for work (computer, sewing machine, etc.);
personal belongings of the borrower, with the exception of expensive branded items;
hygiene products;
awards of any kind;
objects of religious significance;
Kids' things;
necessary household appliances (refrigerator, stove);
farm animals necessary for family needs;
Food;
fuel needed for home heating;
vehicles and mechanisms necessary for the debtor due to disability.

Bailiffs cannot seize property belonging to other people, even if it is stored in the borrower's apartment. All things that can be spent, damaged or hidden are subject to seizure and storage until their future fate is decided. The described items located in the defaulter’s apartment remain under his personal responsibility in accordance with Article 312 of the Criminal Code of the Russian Federation, which presupposes the opening of criminal proceedings for their intentional damage.

The debtor has the right to independently sell all the described property if the cost of each item does not exceed 30,000 rubles. The property is assessed by a bailiff, or a state appraiser is invited if we are talking about expensive things, such as art, jewelry, antiques, etc. If the debtor does not agree with the assessment of his own property, he has the right to challenge it by filing a complaint in court.

Selling the repossessed property is the last resort to satisfy debt claims, while in the early stages the debtor has many other options to resolve the problem. Even after confiscation of property, it is possible to return it by paying the required amount of debt and submitting a check to the FSSP office. But in order to avoid this, it is better to resolve problems directly with the creditor in a pre-trial manner.

What cannot bailiffs seize for debts and what property is not subject to seizure?

Bailiffs are vested with powers allowing them to seize and apply other restrictive measures in relation to property that belongs to a debtor-citizen by right of ownership. But not for everything.

What property is not subject to seizure by bailiffs is described in detail in the Civil Procedure Code of the Russian Federation.

Let's briefly look at the answers to the most popular questions about what can be confiscated and what cannot:

Personal items – toothbrushes, underwear, clothes, shoes. Such objects cannot be described by the bailiffs in the apartment. However, if we are talking about a mink coat worth 150,000 rubles, and the debtor has more than one fur coat (or, in addition to the fur coat, there is a coat and other winter clothes), then the fur coat can be described and confiscated at the discretion of the bailiff.
Furniture - desk and desk, bed, sofa, chairs in the apartment do not have the right to describe the bailiffs. However, there is a rule regarding luxury items and antiques - no one will take a stool, but a Louis XIV chair will be confiscated.
Jewelry. A pectoral cross and chain, a modest wedding ring will not be taken away, but expensive necklaces, rings with precious stones and earrings are subject to confiscation.
The car will not be confiscated only if it is a completely rusty wreck. If it is a foreign car, even after a minor accident and temporarily not drivable, it can be confiscated. The appraiser will describe all the identified technical shortcomings and, taking them into account, will name the price, which can still reach several hundred thousand rubles, which will completely satisfy the bailiffs. Also, the car will not be confiscated if it is used to earn money (the debtor works as a taxi driver or driver) or he needs it due to disability.
Household appliances used for everyday needs. For example, they will not take away a refrigerator, gas or electric stove, heating boiler or heaters. But they can confiscate a TV, a microwave (if it is not the only cooking device), and a laptop (if the debtor does not need it for work). With smartphones the issue is controversial. If we are talking about the only telephone for communication, then they have no right to take it away. If the debtor uses the latest iPhone, but at home he also has an old push-button phone in good condition, then the iPhone can be lost (though only on the condition that there is a guarantee check issued in the name of the debtor - otherwise, you can always claim that the equipment was purchased by another family member).
Property left by inheritance may be confiscated if it does not fall under the list of exceptions described in the Code of Civil Procedure of the Russian Federation. So, if this is the only housing, then they cannot take it away. And if it is a dacha, then confiscation is permissible.
Money - both cash and in bank accounts, and even virtual (electronic money, cryptocurrency) are subject to withdrawal in the first place, since they can be transferred directly to pay off the debt, without the need to involve appraisers and organize auctions. Pension, salary and other income (with the exception of child benefits and alimony) may also be partially withheld.
Pets are not subject to seizure, even if they are valuable breeds. The exception is cases of divorce for the purpose of obtaining material gain, when the debtor keeps several purebred animals at home and sells the offspring obtained from them. But the bailiffs still need to prove this fact.

What do bailiffs have the right to when returning a debt under the law?

The list of powers of bailiffs is determined by the laws “On Enforcement Proceedings” and “On Bailiffs”. In particular, rights are discussed in Art. 12 of the Federal Law of July 21, 1997 N 118-FZ.

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Consider statements and petitions of the parties - for example, a claimant’s petition to seize specific property of the debtor.

Put the debtor on the wanted list under a writ of execution, search for property belonging to the debtor.

Receive information about the debtor’s property and accounts from various sources (Tax Service, traffic police, banks, investment funds).

Enter the premises belonging to the debtor, inspect them, make an inventory and seize property and funds.

Check the financial documentation of the debtor's employing organization.

At the same time, before taking extreme measures in the form of seizure of property, the bailiff is obliged to give the debtor the opportunity to repay it in stages within the framework of the law.

What documents must the bailiff present?

In his actions, the bailiff is guided by the writ of execution - a document that was given to him by the claimant who won the lawsuit. Based on the writ of execution, a resolution on enforcement proceedings is drawn up, a copy of which is sent to the debtor and the claimant.

Next, the bailiff draws up a resolution to seize the debtor’s property in accordance with the norms of current legislation.

Copies of such a resolution are sent to the parties to enforcement proceedings. That is why the debtor usually knows in advance about the arrival of the bailiff. If you still have doubts about the identity of the bailiff, ask him to present his FSSP employee ID.

In addition to the ruling, the bailiff may be guided by a judicial act on confiscation of property.

During the process of arrest, an inventory of property (an act of seizure of property) must be drawn up in the presence of attesting witnesses.

What property bailiffs cannot seize for debts - a complete list

Above we briefly described what bailiffs have and do not have the right to describe. Now let’s figure out what they definitely can’t take away.

The list of property not subject to seizure by bailiffs is specified in Article 446 of the Code of Civil Procedure (Federal Law No. 138 of November 14, 2002).

According to this list, the following property belonging to a person cannot be seized for debts or on any other basis:

The list of property not subject to seizure by bailiffs is headed by the only housing in which the debtor and members of his family live.

That is, the debtor himself or his spouse may also own some dilapidated building or dacha, but if they are unsuitable for living, then the apartment or house in which the family currently lives is not subject to seizure for debts. An exception is mortgaged (collateralized) real estate. You can lose it in any case, even if minor children are registered there. In most cases, the court sides with the bank that issued the mortgage.

Accordingly, if the family owns other objects suitable for living, then one of them can be arrested for debts (collection is also applied to the joint property of the spouses with the further allocation of the debtor’s share).

A plot of land on which the only suitable housing for the debtor and his family members is located.

The second point follows from the first - if the housing cannot be seized, then the bailiffs cannot seize the plot on which it is built. If the house and land were purchased with a mortgage, then foreclosure is allowed.

Items that make up home furnishings (furniture) and everyday items.

These are household utensils that surround each of us - including dishes, books, clothes, shoes, etc. Bailiffs cannot take it away for credit debts, since without such things a person’s normal existence, satisfaction of his needs for rest, nutrition, hygiene, etc., is impossible.

The exception is luxury items - antiques, items of artistic, cultural and historical value, jewelry, expensive cabinets, oak secretaries, etc. Usually, belonging to a luxury item is judged by the price of the item, which starts at 30,000 rubles. That is, an ordinary wardrobe cannot be described and seized, but an armchair made of valuable wood upholstered in natural silk can be seized.

Property without which the debtor cannot carry out his professional activities (for a writer this is a table, a computer, writing instruments, for a plowman - a tractor, for a taxi driver - a car, etc.).

There are cases when equipment owned by the debtor costs hundreds of thousands of rubles. But if he proves that he uses these machines to manufacture products, which he then sells and thereby feeds himself and his family, then the bailiffs will not be able to take away such equipment. The only caveat is that the cost of the equipment should not exceed 100 times the minimum wage (from January 1, 2019, the minimum wage was set at 11,280 rubles). That is, if the cost of the equipment exceeds 1,128,000 rubles, then bailiffs can describe it.

Domestic animals (livestock, poultry), food for them, outbuildings for their maintenance.

This is something that bailiffs cannot take away for debts, but only if working, dairy and breeding cattle, rabbits, poultry (geese, turkeys, ducks, guinea fowl, etc.) are used for purposes that are not associated with business activities.

Change for sowing.

Let us remember that wheat, barley and other grains are also seeds for sowing - and entire barns can be filled with them. However, they cannot be removed.

Fuel - gas cylinders, firewood, etc.

They do not have the right to describe property that is used for heating in the autumn-winter period and for cooking during the rest of the year.

Bailiffs do not seize property necessary for the debtor due to his disability.

This can be not only a wheelchair, but also a car.

Prizes, medals, state and international awards.

Provided that they have all the necessary documents.

Baby accessories - crib, toys, stroller, etc.

Nothing that belongs to a child can be seized if there are children.

What can a bailiff take for debts?

All actions of the bailiff in relation to the debtor must be strictly within the law. There is an impressive list of what cannot be seized and what is prohibited from being seized. The state protects the place of residence of citizens, so it is impossible to deprive a person of his only home. However, you will have to pay your debt obligations.

When the bailiff starts looking for the debtor

Writ of execution - you need to understand that the bailiff begins to look for the debtor and all his property only after receiving the writ of execution and the start of enforcement proceedings. This entire procedure can only begin following the results of the trial and a court decision that has entered into force.

A copy of the resolution on the commencement of execution. proceedings - also the debtor must receive by mail from the bailiff a copy of the resolution on the commencement of enforcement proceedings. From this moment you can begin to worry about the fate of the property.

The law gives the debtor a period of 5 days so that he can voluntarily repay the debt.
After the specified period, a decision is made to search for the debtor’s property and another 7% is added to the amount.

Written message about the visit - the bailiff must also report directly about his arrival at the debtor’s home in writing.

The bailiff can come at the appointed time and even break down the door if they don’t open it for him.
By the way, the time for visiting is limited and can only be from 6 am to 10 pm.
Night visits to debtors are prohibited.

How to delay a bailiff's visit

Application for deferment

Qualified lawyers recommend using a little trick during court hearings. Immediately after the court decision on the collection of funds comes into force, you must submit to the same judge an application for a deferment or installment plan for the execution of the court decision.

What will such a move do for the debtor? Usually the court indicates in its decision to recover the entire amount. The decision comes into force and then the bailiff begins his work to collect this amount, seizes housing, accounts, and describes the property.

By submitting an application for installment plan, an individual has the right to change the execution of the decision itself. It is possible to get a deferment of several months, a year or even more.

Serious documents must be attached to the application as evidence:

Perhaps the debtor is unable to pay the debt due to illness, treatment, or maternity leave.
Copies of payment slips confirming monthly transfers: utilities, loans from other banks are also attached here.
The debtor must calculate and propose a debt repayment schedule that is convenient for him, taking into account all payments. However, you should try to offer an adequate schedule, otherwise the deferment will be denied.

Appeal to appeal

If no serious reasons have been found for postponing the execution of the decision, then a simple appeal to the appeal will also help to delay the court proceedings for one and a half to two months. Naturally, in such cases the first court decision will not be canceled, but the bailiff will be able to begin proceedings only after the appeal decision has entered into force.

You can appeal further to the cassation court, but you should know that during this time the bailiff will already have the right to begin searching and seizing property, so you shouldn’t drag it out that far.

Debt repayment procedure according to law

The court decision comes into force, the writ of execution is handed over to the bailiff.
A decision is made to initiate enforcement proceedings and a copy is sent to the debtor.
If the debtor has expressed a desire to repay the debt, then the enforcement proceedings end. If not, then a decree is issued to search for the debtor and any of his property. Inquiries are sent to government agencies about the availability of real estate and vehicles at the debtor.
A ban is imposed on leaving the country for six months if the amount of debt is more than 10 thousand rubles. After this period, the bailiff can apply this restriction again and so on an unlimited number of times.
A seizure of real estate is imposed, a ban on re-registration of a vehicle is imposed (see deed of gift for a car, donation of an apartment).
Found bank accounts and salary cards are seized. Available money is collected.
If the amount is not enough, then the seizure of property begins, which is first confiscated, then appraised and sold at the lowest price. The funds received are transferred to the lender.

The sale of property is not carried out by the bailiff himself, but by special organizations. If the amount received is not enough, then up to 50% of all earnings of the debtor, including wages, pensions, etc., are subject to seizure.

What documents must the bailiff present?

When a bailiff knocks on a debtor’s door, it is important to know a few things:

Don’t hide, it’s better to cooperate with the bailiff, because the law has given him the right to enter private property without the permission of the debtor and in his absence. In simple terms, he has the right to break down the door and describe the property, but only if there is written permission from the senior bailiff.
The bailiff must show the certificate and the order to initiate enforcement proceedings.
All actions of the bailiff are strictly regulated by law. He's just doing his job. Some people do it well, while others do it poorly. The debtor should not tolerate rudeness, threats and other incompetent behavior of the bailiff, because he has the right to a decent response within the framework of the law - to file a complaint. Judicial practice shows that the case is often decided in favor of the debtor.

What property bailiffs cannot seize

The legislator strictly regulated the list of property that cannot be taken from the debtor:

The only housing. This category includes an apartment, a house, a plot of land under a house, and a share in the right. There is, however, an exception here - housing on a mortgage can be taken away if monthly payments for it are not made (see whether an apartment can be taken away for debts).
Home furnishings and individual items (clothing, shoes). The exception is jewelry and luxury goods.
Subjects that are required for professional studies. An exception is if the value of this property is above 100 minimum wages.
Household animals intended for personal use.
Seeds for sowing.
Products and money in the amount of 4-5 tr. for each family member.
Fuel for heating and cooking.
For disabled people - technical means of transportation.
Prizes, awards, medals, certificates.

You should know that they cannot take away your only home, but they have the right to arrest it. For the debtor, this will consist of imposing an encumbrance on the housing in the form of a seizure, which is officially recorded in Rosreestr.

Can bailiffs seize a husband's property to pay for his wife's debts?

The bailiff has the right to seize only the debtor's property. However, if this property is not enough to pay off the debt, then ½ share of the jointly acquired property is taken away. Simply put, they will take half of the husband’s property, which would have been due to the wife upon division of property.

A little trick: you can change the status of jointly acquired property with the help of a marriage contract, in the text of which you indicate the ownership of specific property or a general phrase that everything that will be registered in the name of the husband is his personal property and is not subject to division, and everything that is registered for the wife - similarly indivisible. Such an agreement can be drawn up at any time during the marriage, as well as before it. The document is certified by a notary.

Do bailiffs have the right to describe the property of relatives?

Only spouses can be liable for debts with property. Relatives have no right to disturb. However, the picture changes dramatically if the debtor is registered in the housing of his relatives. There may be several situations:

The debtor is registered, but does not actually reside.
The debtor is not registered and does not reside, but indicated the address of relatives as the place of actual residence.
The debtor is registered, previously lived, but moved.
The debtor is registered and actually lives in the housing of relatives.

In each of the cases considered, the bailiff begins to describe the property of the relatives. How to prevent this? It is necessary to prove that the debtor does not live in the housing of relatives. See also what debt collectors can do and what to do if they call and threaten.

Mere words are not proof. It is necessary to draw up a written statement stating that the debtor does not live at the specified address. It must be signed not only by the owner of the property, but also by 2-3 neighbors, the local police officer and a representative from the HOA. It is advisable that the latter also put their own seals.

When should this act be done? Immediately, as soon as relatives began to be overwhelmed with calls and threats from banks.

What schemes exist to protect your property?

Indeed, there are legal schemes that allow you to preserve the debtor’s property if the bailiff comes to his home.

If there are receipts for equipment or furniture confirming that the buyer was another person, then you need to show them to the bailiff. In practice, people often do not keep receipts or they do not have the buyer's name.
Conclude a rental agreement with the owner of the property, which lists the furniture and equipment in the apartment that the debtor does not own, but has the right to use.
Conclude a storage agreement. For example, the debtor’s sister is doing renovations and entrusted her things to him for storage. Such a document will also confirm that the property does not belong to the debtor.
Conclude a gift agreement. The debtor simply donates his property and it does not matter to whom. A list should be made.
Conclude a marriage contract.

In any case, really valuable things should be removed from your home to avoid accidents. The bailiff can still describe all the property, so there is the option of going to court with an application to exclude the property from the general inventory. To do this, you will need to provide compelling evidence that the things do not belong to the debtor.

What income of the debtor is inviolable for the bailiff

The bailiff can seize funds from a salary card, credit card, pension, but what income does he not have the right to touch?

amounts received in compensation for damage caused to health;
funds received in connection with the loss of a breadwinner;
funds received in connection with injuries, wounds, injuries acquired during the performance of official duties;
compensation payments to victims of man-made disasters;
compensation payments for travel, treatment for certain categories of citizens;
compensation payments to workers, incl. in connection with the birth of children, marriage, etc.
child benefits;
payments under the maternity certificate;

However, there is one caveat. The bailiff does not have the right to collect alimony for a minor, but if it is received by bank transfer, the bailiff does not see the purpose of the payment and seizes the account. There are two ways to resolve the issue - seek justice in court or negotiate with the parent of the minor to receive money in cash.

How to remove arrest and blocking from a salary card

First of all, bailiffs arrest and block all cards and accounts.
However, often these funds are the main source of income. What to do? There is a proven and legal algorithm of actions:

Contact the FSSP.
Write an application to remove the seizure from your card. In the text, indicate that due to the blocking of the card, there is no opportunity to withdraw money and pay off the debt under enforcement proceedings.
Be sure to indicate the card number, debtor’s data, and data on enforcement proceedings.
The application must be completed in two copies. Take it personally to the FSPP office and receive a receipt stamp on your copy.
It is better to go to the bailiff who is handling the debtor’s case and report the application.
It is better to personally take the received decree to lift the arrest to the bank so that it does not get lost in the mail.
Within a matter of days the arrest will be lifted.

Failure to fulfill your debt obligations leads to a large number of problems, so before concluding a loan agreement, it is better to analyze your strengths, the possibility of making monthly payments and balance your income.

What can and what can’t bailiffs collect for debts?

Reluctance or inability to pay debts leads creditors to court. In most cases, they win in court and seek help in collecting debt from the FSSP (Federal Bailiff Service). It is this organization that is responsible for ensuring compliance with debt collection orders.

When do bailiffs come and seize property for debts?

The collection process begins long before the arrival of FSSP employees. First of all, the claimant receives a court order and goes to the bailiffs. They initiate the initiation of enforcement proceedings based on the received writ of execution. After initiating the proceedings, the bailiff sends the debtor a letter inviting him to appear at the FSSP or pay the debt. He is given 5 working days to do this from the date of receipt of the letter.

If the debtor does not follow the instructions of the bailiff, the amount of debt should be increased by 7%, the accounts should be discovered and seized. In most cases, bailiffs send a request to the largest and most popular banks: Sberbank, Alfa-Bank, VTB, Gazprombank, etc. If a response comes from the bank indicating that the debtor has accounts, the bailiff seizes them for the amount of the debt.

All funds on accounts/cards seized by bailiffs are sent to the FSSP. If the amount is not enough to repay, the debt is reduced by the amount written off. Upon subsequent replenishment of the card/account, the money will be automatically debited to pay the debt and will be sent to the FSSP. In most cases, the card immediately goes into minus for the missing amount of debt.

For example, you had an account with Sberbank with an amount of 12,000 rubles. The bailiff seized an account in the amount of 30,000 rubles. Those 12 tr. were immediately written off to pay off the debt and were sent to the FSSP, and the card balance became -18,000 rubles. Then the user topped up the card with 6,000 rubles. They were immediately written off and sent to the FSSP, and the card balance became -12,000 rubles. This continues until the borrower repays the entire loan amount.

This practice is often found at Sberbank. In fact, this contradicts the law and the position of the Supreme Court of the Russian Federation.

If the debtor finds himself in a similar situation, he should go to court, relying on the position of the Supreme Court described above.

Now we smoothly move on to the arrival of the bailiffs at home. This happens quite rarely and only happens if the client himself has not applied to the FSSP with an application for a deferment or difficult financial circumstances, and does not pay a single ruble.

Then the bailiffs take extreme measures - they come to the debtor’s place of residence in order to inventory the property and foreclose on it. In most cases, the borrower is not notified of the arrival of the bailiffs, but the law obliges the bailiffs to send the debtor a written message about the visit, which will indicate the date and time of the FSSP’s arrival. The arrival can be initiated on weekdays from 6 am to 10 pm.

How is property seized?

Here you need to understand that the seizure of property and foreclosure on it are somewhat different things. The inventory (seizure) of property involves the arrival of bailiffs and the usual census of everything valuable that is in the house. During this procedure, 2 witnesses are invited. The bailiffs do not take these things, but simply make a list with their description and assessment.

Foreclosing on property is a full-fledged arrest, when bailiffs come with witnesses and take away valuables from the house.

In most cases, this happens without warning, so the situation is quite unexpected for debtors.

What can bailiffs take away and what cannot?

There are a lot of nuances and features in this whole story with the arrest by bailiffs.

Firstly, it is necessary to clearly understand that bailiffs can seize and foreclose only on the property of the debtor. If the property belongs to another person, but is located in the debtor's house, the bailiff cannot seize it. On the spot, when making an inventory, the debtor must prove that the item is not his, was not purchased by him, etc. This can be done using checks and documents for valuables. It is likely that they were issued as a trade credit to a relative. This will be excellent proof that the item was purchased by a third party.

Let's look at specific things that bailiffs can arrest:

Cash at home. The exception is the amount of 4-5 thousand rubles. for each family member.
Real estate, land plots, etc., if it is not the only housing for the debtor and his family members.
Luxury items (antiques, valuable paintings, figurines, etc.)
Precious items, jewelry, expensive watches, etc.
Household appliances that are not necessary to meet basic needs. For example, these include a microwave oven, multicooker, juicer, coffee maker, etc. If you really want to, any of the things described can be challenged in court by lifting the arrest if you can prove that it is very necessary for the family. For example, a debtor with children may refer to the fact that he cannot live without a multicooker, which prepares healthy food and saves time to earn extra money.
Pedigree pets. These may include cats and dogs, the cost of which is significantly high.

What items cannot be seized?

Among the debtor's belongings there are also those that the bailiff cannot seize. These include:

The debtor's only home suitable for living.
Clothes and shoes. The exception is luxury items - jewelry, valuables, antiques, etc.
Household appliances classified as essential items. For example, it could be a refrigerator, which is impossible to live without, or a washing machine when there are small children in the family. But a television is not an item that satisfies basic human needs, so it can be arrested.
Personal care products
Religious items (icons, books, etc.)
Items necessary for the debtor for work or professional activities. For example, a computer, if the debtor works in this field. An exception is the fact if such an item’s cost significantly exceeds 100 minimum wages.
Food and cash at the rate of 4-5 thousand rubles. for each family member. Anything that exceeds this amount can be taken away.
Seeds for sowing
Prizes, medals, certificates and other evidence of personal achievements
Special technical means for disabled people, owned by the debtor even if he does not need them.
Fuel, firewood, if the debtor lives in a private house and uses it for heating.

Of course, in 90% of cases, bailiffs do not follow the law and seize what is not allowed. In this case, the actions of the bailiffs can be easily challenged by contacting higher management or the court.

When property is seized, the bailiff fills out an inventory report, which must indicate:

Date of procedure
IP number in the FSSP
The presence of the debtor, relatives
List of seized items and their description. For example, brand, model, color, etc.
Approximate estimated cost of each item
Personal data of witnesses, in whose presence the inventory of property takes place, etc.

In most cases, the bailiff values the debtor's belongings very cheaply. For example, a brand new TV worth 30 tr. The bailiff can estimate it at 5,000 rubles. This is done in order to sell the property faster.

You should never agree with the bailiff's estimated cost. Within 10 days from the date of receipt of the inventory report, the debtor has the opportunity to go to court and challenge the bailiff’s assessment in accordance with Art. 441 Code of Civil Procedure and Art. 128 Federal Law 229.

This should be done if you do not plan to buy your items from the bailiffs yourself. If there are such plans, then the low price will only contribute to your ability to buy everything back.

How long are seized items stored and can they be redeemed?

If the bailiffs have described the property, then they place it in the custody of the debtor or his relatives. That is, things remain in the same places and in the same apartment where the inventory took place. In this case, the debtor has no right to sell the seized item or damage it. Ideally, he does not even have the right to use it. In this case, the bailiff may impose punishment on the debtor, including criminal liability.

If the situation is really bad and the FSSP employees not only described the debtor’s property, but also foreclosed on it, all things are transported to a special warehouse.

Seized property may be transferred for protection or storage to persons with whom the territorial body of the FSSP of Russia has concluded an agreement. Each locality or region has its own contractors.

How long are the debtor’s things stored and can you buy them back yourself?

The debtor has exactly 30 days from the date of inventory of the property to pay off the debt. Otherwise, the bailiff can put things up for auction at any time. He is given exactly 2 months for this.

The debtor has an exclusive right - he can be the first to buy his own things at their appraised value. If the debtor does not buy them back within the time limit set by the bailiff, they are put up for auction.

How are seized items sold?

All seized items are sold through an open auction by the Federal Property Management Agency or controlled organizations (torgi.gov.ru, fssprus.ru/torgi). Anyone will be able to place a bid and buy an item if they first submit an application and make the specified deposit. After this, bidding takes place between the participants who submitted applications and paid a deposit. Based on the results of the auction, a purchase/sale agreement is concluded with the winner. The rest of the auction participants receive the deposit back.

Is it possible to seize the property of a bankrupt?

Article 126 of the Bankruptcy Law explains that from the moment bankruptcy proceedings begin, the arrest of his property must be lifted against the bankrupt/debtor. Thus, bailiffs cannot seize the property of a bankrupt.

What bailiffs cannot take away

It just so happens that usually legal proceedings against the debtor end with a decision to withhold the debt from wages. However, things may come to the point of seizure of property, and in such a situation you need to understand that bailiffs cannot seize absolutely everything.

You must be prepared to defend your rights, because many debtors reach extreme despair, simply because they do not know that bailiffs do not have the right to take away many things, but in practice the opposite happens!

So, you do not have the right to confiscate the following things (property):

- Items that you use in everyday life. This should include things without which your daily life is not possible. These are clothes, shoes and food. Since there is no clear list, the bailiff may well describe the washing machine, mixer, etc., as he considers them luxury items, but you can counter this by filing a lawsuit. As a rule, such claims are satisfied, sometimes partially.
— They cannot and do not have any right to take away from you that property that has currently been proven (that is, you can confirm this with facts and documents) is an integral part of your earnings. If you drive a taxi, it’s a car, if you write texts, it’s a computer, and so on.
— They have no right to take away livestock, poultry, or bees if they have not become part of your business activity. That is, this is, in the literal sense, your household.
- No one can take away your living space if you have nowhere to live.
- Also, the bailiffs will not take possession of your property that you may need taking into account your disability, this also includes a specialized car.

Thus, what bailiffs cannot take is quite a large list, and you should be aware of it.

If you want to learn more about the legality of bailiffs, or if you are interested in whether it is possible to keep bailiffs out of your apartment, please contact our portal. Our experienced lawyers will help you solve your problems.

Question answer

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Do bailiffs have the right to take away a computer if it is my income and a wardrobe?

Code of Civil Procedure of the Russian Federation Article 446. Property that cannot be foreclosed on under enforcement documents

items of ordinary home furnishings and household items, personal items (clothing, shoes and others), with the exception of jewelry and other luxury items;

Do they have the right to take away a garage, bathhouse, greenhouse, flock, the garage is not officially registered

The list of property that cannot be taken away is defined in Art. 446 Code of Civil Procedure of the Russian Federation.

Do bailiffs have the right to take away a computer if it is my income and a wardrobe?

Code of Civil Procedure of the Russian Federation Article 446. Property that cannot be foreclosed on under enforcement documents

items of ordinary home furnishings and household items, personal items (clothing, shoes and others), with the exception of jewelry and other luxury items;

Confiscate

A person took out a loan for a year and doesn’t pay, but he’s registered with me and bailiffs can take away my property.

Hello! Yes they can. According to Art. 33 of the Federal Law “On Enforcement Proceedings”, if the debtor is a citizen, then enforcement actions are carried out and enforcement measures are applied by the bailiff at his place of residence, place of stay or location of his property. Bailiffs can come and describe the property in the apartment. However, if you prove that the property does not belong to the debtor, the bailiffs will not be able to describe it. These can be checks, contracts, receipts and other documents confirming that these purchases were made by you; present them to the bailiffs. Property whose ownership is not documented may well be seized by bailiffs.

Withdrawal of funds

Hello! I would like to clarify about the withdrawal of funds from my salary for housing and communal services. My salary card has been blocked, it currently has a negative balance, if salary continues to be received on it, how much money will be withdrawn and with what frequency (week, month ).It is not possible to pay since I am serving compulsory military service in the armed forces. And by the way, does he have the right to confiscate my allowance in the amount of 2000 rubles? At the moment it is being confiscated

Please attach to your application your calculations confirming that the funds remaining after deductions are not enough to live on.
These could be receipts for payment for housing and communal services, receipts for goods, medicines, and honey.
services and more. In your application, refer to those enshrined in Art.
4 Federal Law -229 principles: respect for the honor and dignity of a citizen;
the inviolability of the minimum property necessary for the existence of the debtor-citizen and members of his family;
In your situation, this amount of penalties clearly violates these principles.

Debt collection under a writ of execution

Please tell me. My husband is a debtor. The bailiffs can seize and collect the amount from my (wife’s) account. There is a marriage contract. Excerpt from it: “. If during a joint marriage one of the spouses acquires property in their own name, and also receives any income in cash in their own name, then this property and income will be considered the personal property of the spouse who acquired or received it and there will be no share in it other spouse. Question: Is a bank deposit considered income? And the second question: do I not need to present documents about the sources of receipt of these funds?

Bailiffs can foreclose or seize these funds out of ignorance, because they do not have information about the existence of a marriage contract.

You can send them a copy of the marriage contract to avoid seizure/foreclosure of your funds, or, if they do, write an application to the bailiff to lift the seizure or return the collected amounts, also attaching a copy of the marriage contract.

If there is a marriage contract, these funds cannot be the subject of collection/seizure.

Seizure of property

Hello, bailiffs came to me and described property worth 10,000 rubles. - TV, multicooker and washing machine, can I defend my rights to the machine, pay 10 thousand rubles? no possibility?

The list of property that cannot be foreclosed on under executive documents is enshrined in Art. 446 Civil Procedure Code of the Russian Federation

Seizure of property registration

Can bailiffs seize the registration of property if this is the only housing and children are registered and living there?

Can not. 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.

Article 446 of the Civil Procedure Code of the Russian Federation and Article 101 of the Law on Enforcement Proceedings contain information about what property is not subject to seizure: the only housing, if it is not purchased on credit and is not mortgaged (when it comes to a private house, then the land on which it it’s worth it, they also can’t arrest); basic necessities, personal belongings, household appliances as part of ensuring normal living conditions; things for performing professional duties, the cost of which does not exceed 100 times the minimum wage; domestic animals and poultry kept not for profit, as well as pastures, feed and buildings necessary for them; seed fund for future plantings; firewood, coal and other substances necessary for heating premises for one season; transport belonging to a disabled person and necessary for him to move; honorary badges, medals, orders, etc. belonging to the debtor. Knowing what property cannot be seized, it is worth remembering that there is a fairly extensive list of benefits, additional payments, payments protected from collection, including: compensation for health damage; payment for the loss of a breadwinner, for injury or death while performing a professional duty, for victims of disasters; subsidy for caring for a disabled person; federal surcharges for the purchase of medicines, travel expenses, etc.; alimony; travel and depreciation allowances; benefits for birth, death (funeral benefits) or on the occasion of marriage; social insurance payments (exceptions - pensions and sick leave); child benefits and maternity capital, state assistance to victims of a terrorist attack or the death of a close relative; financial assistance provided by philanthropists; compensation for a tourist package.

Labor Code of the Russian Federation dated December 30, 2001 N 197-FZ (as amended on October 11, 2018, as amended on December 19, 2018) Labor Code of the Russian Federation Article 138. Limitation on the amount of deductions from wages. The total amount of all deductions for each payment of wages cannot exceed 20 percent, and in cases provided for by federal laws, 50 percent of wages due to the employee. According to the Labor Code of the Russian Federation, the amount of salary withheld on account of the debt is calculated in the following proportions: according to the law - 20% of the salary; according to federal law or court decision - 50% of salary; exceptions to the rules (for example, alimony) – 70%. The most common rate is 50% withholding from wages towards credit debt. If the borrower has children, then the amount of withholding is reduced: The presence of 1-2 children - bailiffs do not have the right to withhold more than 30%; The presence of a child studying at a university not on a budgetary basis – 30%. Death of a spouse and presence of minor children – 25%. Death of a spouse and absence of minor children – 50%. According to the law, the court cannot withhold from the following types of profit: 1. Maternity capital and other payments for child support; 2. Compensation for work in hazardous industries or in difficult climatic conditions; 3. Compensation for damage to health received in connection with the work activity of the debtor (paid by insurance companies or employers); 4. Cash payments to the family of those killed at work; 5. Payments to a citizen caring for a group I disabled person; 6.Accruals during the period of dismissal of an employee. In accordance with the norms of clause 12, part 1, art. 101 of the Federal Law “On Enforcement Proceedings” dated October 2, 2007 No. 229-FZ for benefits to citizens with children, accrued from the federal or regional budget (including extra-budgetary state funds - FSS, Pension Fund and Compulsory Medical Insurance Fund) cannot to be levied under enforcement documents.