The car was seized by bailiffs, what should I do?

What to do when a car is seized by bailiffs

If you have debts or open property disputes, then your vehicle may become the target of a bailiff's hunt. You need to know several ways to control a vehicle and methods to remove a seizure that has already been placed on it.

Grounds for seizure of a car

Unreasonable seizure of a car by a bailiff is unacceptable. Bailiffs can seize the car for debts. In order for them to have a legal opportunity to dispose of your property, you must be recognized as a debtor by the court. Afterwards, a decision is made to initiate enforcement proceedings and the bailiffs act within the framework of this case.

Among the most common reasons for seizing a vehicle are the following:

Non-payment of loans to commercial banks;
Failure to pay administrative fines;
Utility debts;
Child support debts;
Division of property after divorce;
Violation of the rules for importing a car.

By the way, in the latter version, the decision to seize is made by Customs.

How does this happen

Let's say that you took out a loan from a bank in the amount of 150 thousand rubles. and don't return it. Taking into account interest and fines, the bank calculated the amount at 200 thousand rubles. You do not intend to pay off the debt. Then, the bank files a lawsuit to collect the debt from you, taking into account legal costs. The court will schedule a hearing within 5 days. What it notifies you about.

Even if you do not come to the hearing of the case, and the plaintiff bank indicates in the statement of claim the possibility of considering the case without his participation, the court will legally make a positive decision. A copy of the decision to collect the full amount will be sent to your postal address. You can appeal it within a month, after which it will enter into legal force.

After entry, the court will issue a writ of execution, which will be issued or sent by mail to the claimant. Next, the bank will submit the writ of execution to the bailiff service. The bailiffs will issue a resolution to initiate enforcement proceedings and notify you about this. After this, the bailiffs have every right to search and seize your property and write off funds from all kinds of bank cards and accounts.

How to remove an arrest

The following situations may be grounds for removing the seizure from your car:

The debtor has repaid all debts and satisfied the claims of creditors;
Enforcement proceedings were terminated at the request of the claimant or by court decision;
A court decision or ruling has been made regarding unlawful actions to seize a car.

How to remove the seizure of a car by bailiffs? When the bailiffs receive the necessary information about the possibility of canceling the arrest, they are obliged to make a decision on the release of the vehicle from arrest on the same day. A copy of this document must be sent to you and to the traffic police to reflect new information in their database. All you have to do is make sure that the State Auto Inspectorate website does not contain information about restrictive measures for your car.

Removing restrictions on vehicle operation

In order to lift the ban on registration actions, you must first make sure that each of the bailiffs who applied punishment against you issues their own order to lift the restriction.

Next, we adhere to the following algorithm:

We are looking into what measures were taken and for what violations. This information can be obtained through the websites of the State Auto Inspectorate and the FSSP or by visiting them in person. We receive there all the necessary documents confirming the sanctions.
We voluntarily repay the debt or appeal the decision if we do not agree with the decision.
We receive a resolution to lift the restriction and take it to the traffic police along with copies of receipts for payment for fines or demands.
After this, it is recommended to re-check your car for the presence of enforcement proceedings in the enforcement bases.

A sample application to the court to remove the seizure from a vehicle is as follows.

Judge Presnensky District Court of Moscow
R.R. Grishin
Plaintiff Ivanova Natalya Mikhailovna,
living at the address: Moscow, st.
Krasnykh Zori, 28, apt. 18 Tel.: 8-922-892-89-78
Defendant Petrov Ivan Sergeevich,
living at the address: Moscow, st.
Bersenevskaya, 48, apt. 116 Tel.: 8-912-789-09-97

Application
to lift the arrest

The Presnensky District Court is processing civil case No. 2-3451 on the claim of the plaintiff Ivanova Natalya Mikhailovna against the defendant Petrov Ivan Sergeevich for debt collection.

As a measure to secure the claim, a court ruling dated August 18, 2019 seized the property of the defendant (VAZ 21099 car, state number T 234 TR 177).

Currently, there is no longer a need for interim measures due to the fact that Ivan Sergeevich Petrov has fully repaid the debt under the claim by transferring non-cash funds to the account of the plaintiff Ivanova Natalya Mikhailovna.

According to Art. 144 of the Code of Civil Procedure of the Russian Federation, security for a claim can be canceled by the same judge or court at the request of the persons participating in the case, or at the initiative of the judge or court.

Based on the above and in accordance with the Code of Civil Procedure of the Russian Federation

Cancel interim measures in relation to property (VAZ 21099 car, state number T 234 TR 177).

The following documents are attached to the application:

Copy of the court ruling dated August 18, 2019.
Payment order for the transfer of funds to the plaintiff’s account dated October 19, 2019 No. 347894.
A copy of the resolution to initiate enforcement proceedings dated September 19, 2019.
A copy of the vehicle seizure report dated September 20, 2019.

October 21, 2019
Signature___________

If your application is satisfied by the court, the judge will issue a ruling on the case, which, as a general rule, will enter into legal force after 15 days. Upon entry into force, the court office will give you a ruling with a note on entry, and will also send a copy of the ruling to the traffic police and the FSSP. If you doubt the integrity of the judicial apparatus, you can safely take the document to all services and departments yourself.

How to find out about the seizure of a vehicle

To be forewarned is to be armed! How can you find out if a car is seized? And how can bailiffs check a car for arrest using its Vin number? In order to find out whether any restrictions are imposed on your car, you need to visit the official website of the State Automobile Inspectorate of the Russian Federation. We adhere to the following algorithm:

Follow the link https://traffic police.rf/check/auto/#;
In the “Vehicle check” window that opens, enter the Vin of your car;
Below, select the category “Check restrictions”;
Click the “Request Verification” link.

In the window that appears, all existing restrictions will be reflected. In addition, on the same website you can check the history of car registration in the traffic police or the history of participation in an accident. This service is also convenient when purchasing a used car. All information hidden by the former owner will be known to you.

Information about enforcement proceedings is available on the website http://fssprus.ru/iss/iP. Here you can find out the dates of the decision to initiate enforcement proceedings, the name of the bailiff who seized your car, and the reason for the arrest.

Do I have the right to drive a seized car?

Many people are concerned about the question of what to do if the car is impounded? Can I ride it? As a general rule, the seizure of a vehicle by bailiffs only involves imposing restrictions on registration actions. The car still belongs to you, you can drive it, but you have no right to sell it. This rule is valid until the court makes a ruling to restrict your rights to operate the vehicle.

How a car is seized by bailiffs

You need to understand how bailiffs seize a car in order to be able to settle everything peacefully at the initial stage. Like any other executive action, the procedure for arresting a car by bailiffs is a set of several actions, the sequence of which is clearly regulated by law. If a bailiff seized a car, it will look like this:

Based on a valid court decision, the bailiff initiates enforcement proceedings.
After 2 weeks, the arrest process begins;
The bailiff sends a request to the traffic police to impose restrictions on registration actions;
The bailiff visits your residential address to make an arrest;
On the spot, the bailiff draws up an act of arrest of the car in the presence of two witnesses, to whom, together with the debtor, the rights and obligations are explained. Each of them leaves his signature on this document.
If the car was not found, the bailiff begins to look for it. He sends the relevant documents to the traffic police;
If the owner does not voluntarily repay the debt within 5 days, the car may be seized and sold.

Important: If the car seizure procedure was carried out with violations, you have every right to appeal it by writing a statement to the bailiff service.

Can a car be seized as collateral?

It is not possible to seize a pledged vehicle. A simple rule applies here. If the claimant does not have an advantage over the pledgee, then the seizure of property in order to satisfy his claims is not permissible. Simply put, if you purchased a car on credit, then your car cannot be seized to pay off debts on utility bills. Only a bank can have the right to repossess a car.

Therefore, if a bailiff has seized your car, which is already pledged to the bank, you need to appeal his actions in court.

Any property that belongs to you documented by right of ownership must also belong to you actually. Bailiffs do not always perform their duties within the framework of the law, often “going too far”, infringing on the rights of property owners. Be armed with the necessary knowledge in the fight for your rights.

How to remove a car from being seized by a bailiff?

Seizure of a vehicle is a preventive measure that prohibits registration of a vehicle until the owner executes a court decision or until the violations are eliminated.

The purpose of the arrest is to prevent the illegal sale, destruction or concealment of property.

If necessary, the arrest will be accompanied by a ban on the right to dispose of a vehicle with transfer to storage or seizure.

Let's find out how to remove a seizure or other restrictions from a car in 2019, imposed by bailiffs.

What are the restrictions?

From a legal point of view, the terms “arrest”, “ban”, “restriction” are different.

Restriction - deprivation of the car owner’s ability to exercise ownership or other rights to the car.

The motorist will continue to own the vehicle, but will not be able to sell it, since the buyer will not be able to re-register the car in his name after purchase.

A ban (or prohibition) is a measure established by authorized bodies that prevents the car owner from performing certain actions in relation to his vehicle.

Seizure - inventory of the car, prohibition on disposal of the car.

With the help of a ban, you can prevent any specific actions from being performed with the car; with the help of an arrest, you can prevent all actions in full.

If the restrictive measure is chosen incorrectly by bailiffs or other authorized bodies, the car owner can challenge it. There are many similar judicial precedents.

How to find out why a car has been seized or restricted?

Checking the fact of arrest

Before buying a used car or if you have significant debts, you need to check the car for restrictions, and whether it is impounded.

To do this, you can personally go to any traffic police department or fill out a request on the portal www.gibdd.ru.

You need to go to the main page, select “Services”, “Vehicle check”, indicate the body number or VIN in a special form.

The fact of seizure, the type of restriction (this usually includes a ban on registration), and also who imposed the restriction are checked. Restrictions or arrest are most often issued by the bailiff service.

You can personally contact the Federal Bailiff Service at your place of registration.

If there are any restrictions, the service will inform and explain why the car is under arrest.

The driver will also receive the necessary information on the official website of the organization http://fssprus.ru/iss/ip.

You must enter the full name and date of birth of the car owner. The site will even provide information that has not yet been transmitted to the traffic police.

If you find enforcement proceedings, the database will provide the necessary data on the initiation of the case:

date, number of the writ of execution;
address and name of the bailiff department;
department contacts;
amount of debt.

If you do not find enforcement proceedings against the owner of the car you want to purchase:

it is possible that information about the initiation of enforcement proceedings has not yet entered the database;
The bailiff received the case recently, and he has not yet had time to initiate enforcement proceedings.

If enforcement proceedings are initiated against the previous car owner, the buyer will not be able to re-register the car in his name until the restrictions are lifted.

We recommend checking the car both at the State Traffic Safety Inspectorate and the FSSP, as well as on the Autocode website and the Notary Chamber of the Russian Federation (https://www.reestr-zalogov.ru/search/index), where the vehicle can be checked to see if it is pledged.

Seizure procedure

The car is seized based on a court decision. The reasons for a ban on using a vehicle are usually debts for:

alimony;
loans;
fines;
taxes;
utility bills.

After a court order is issued to seize a car, bailiffs must notify the car owner of the decision. The seizure process is regulated by Article 80 of Law No. 229-FZ “On Enforcement Proceedings”.

Upon the claimant’s application to seize the debtor’s property, the bailiff makes a decision to satisfy or deny the request no later than the day following the day of filing the application.

Seizure of property is used in the following cases:

if it is necessary to ensure the safety of property belonging to the transfer to the claimant or sale;
when executing a judicial act that stipulates the obligation to confiscate property;
when executing a judicial act stating that the property that belongs to the debtor should be seized.

It is impossible to seize the pledged property to secure the claim of a claimant who does not have an advantage over the pledgee in satisfying the claims.

If the car is seized, can you drive it? When the debtor's property is seized, it is prohibited to dispose of the property. If necessary, the rights to use the property are limited.

A seized vehicle may also be confiscated. The duration of the restrictions is determined by the bailiff. The significance of the property for the owner is taken into account.

The car is seized by a bailiff, and witnesses participate in the arrest. An act of seizure is drawn up, which indicates the following information:

Full name of the persons who were present when the car was seized;
information about seized property;
data from documents that confirm the existence of property rights;
a preliminary estimate of the value of the thing or property right included in the deed, and the total value of the seized property are entered;
type, volume, period for which the right to use the property is limited;
a note is made about the seizure of the car;
Full name, address of the person to whom the property is transferred for protection or storage;
the bailiff makes a note that he explained to the citizen to whom the property was transferred for protection or storage his duties;
comments from persons who were present during the seizure of property.

The act is signed by the bailiff, attesting witnesses, and the citizen to whom the vehicle was transferred for protection or storage.

Copies of the resolution and act are sent to the parties to the enforcement proceedings, to a bank or other credit institution, and to interested parties no later than the day following the day the resolution is issued and the act is executed.

If property is confiscated, copies are transferred immediately.

The property is assessed by the bailiff at market prices, unless other conditions are established by the laws of the Russian Federation. An appraiser is hired within a month from the date of discovery of the debtor's property.

Seizure does not apply when the amount of collection is less than 3,000 rubles.

Procedure for lifting arrest

Bailiffs are contacted with a written statement indicating a request to lift the restriction . If the car owner sells the car, he must attach the car purchase and sale agreement (a certified copy).

If the bailiffs refuse to lift the ban voluntarily, you need to go to court.

What to do if you bought a car, but it is in the custody of bailiffs? If the car was seized, but the car owner was able to sell it and enter into a purchase and sale agreement, the new owner must go to court and have the deal declared invalid.

The buyer has the right to demand a refund for the purchased vehicle.

In an application to the court to remove the seizure from a car, the following information is indicated: full name, address, place of residence, contacts of the plaintiff and defendant, the essence of the appeal.

With the application, documents are provided that confirm payment of the debt and other payments under the writ of execution, the decision to terminate the enforcement proceedings, which was made by the court, etc.

Grounds for lifting arrest:

enforcement proceedings were terminated at the initiative of the claimant;
the debtor fulfilled all the requirements under the writ of execution (repaid the debt, paid fines, penalties, fees);
the court ruled that the debtor’s property was unlawfully seized;
enforcement proceedings were terminated at the request of the court.

The decision to complete the proceedings must contain information about the cancellation of the seizure of the vehicle.

The bailiff service makes a decision to release the vehicle from arrest on the same day when it receives information that there are sufficient grounds to cancel the arrest.

The fact is documented . The service must inform the debtor, as well as all authorities that exercise control, about the termination of the arrest.

A copy of the resolution is submitted to the local traffic police department. The citizen must ensure that the required information is reflected in the database.

Prohibition on vehicle registration actions

This is another restriction that encourages the car owner to eliminate the violation for which a ban was imposed, or to fulfill his obligations.

At an early stage of proceedings, bailiffs rarely seize a car. They prefer to first exercise the right to impose restrictive measures on registration actions.

The procedure is regulated by Order of the Ministry of Internal Affairs No. 1001 of November 24, 2008 “On the procedure for registering a vehicle.”

Courts resort to restrictions if a dispute arises about the ownership or division of movable property. Then the car owner will not be able to enter into a legal transaction to sell the car until a court decision is made to lift the restriction.

The bailiff may impose a ban if a decision was made to collect from the debtor an unpaid fine, alimony, tax and other debts.

Customs authorities may impose restrictions if, during customs clearance of a car imported from abroad, the process was carried out illegally. Social protection authorities impose restrictions in favor of minors.

How to lift the ban on registering a car with the bailiffs?

Algorithm for removing restrictions

First you need to find out who is lifting the restrictions. If the punishment was applied by several bailiffs, each of them issues its own decision to lift the sanction.

The ban is lifted by a court decision or after a complaint against a court order. If the ban was imposed by the investigation department of the traffic police, it will be lifted in the same department if, after the inspection, the inspectors are convinced that the numbers of the components and assemblies have not been changed.

Let's find out how to remove the restriction on vehicle registration imposed by a bailiff. Algorithm of actions:

Determine what measure was applied and for what actions (using the websites of the traffic police, FSSP, after a personal visit to the MREO). The latter organization will issue a copy of the restriction order.
Study the document, if you disagree, appeal the decision or eliminate the reason that led to the restriction (for example, pay a debt).
Obtain a resolution to lift the restriction from the authority that applied it.
Take to the traffic police a copy of the receipt and checks and a copy of the resolution that the ban has been lifted. These documents are sent to the traffic police without the participation of an individual, but this can be a long process, so it is better to do it yourself.

Video: What to do if a car is restricted? Prohibition on registration actions

When deciding to purchase a car second-hand, it is necessary to check the vehicle to see if it is under arrest or if there are restrictions on registration actions.

The vehicle is checked in person at the traffic police or FSSP or on the official websites of the organizations. To obtain more complete and reliable information, you can additionally carry out checks on the websites of Autocode and the Notary Chamber of the Russian Federation.

The process will only take a few minutes. If the arrest or registration restrictions are confirmed, the transaction must be abandoned.

If a purchase and sale agreement has been concluded and funds have been paid, you need to file a lawsuit to have the court invalidate the transaction.

Seizure of a car by bailiffs, is it possible to drive?

What to do if the car is seized by bailiffs

Initially, it should be noted that when an arrest is made, the owner is strictly prohibited . However, there are exceptions. Usually they consist in the fact that the seizure is not imposed on the property, but on the restriction in registration actions. This means that the owner himself can drive the car, but he cannot sell it or register it in the name of another person. In this case, another person can use the property only with a notarized power of attorney.

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Who and how can seize a car?

Most often, only bailiffs can seize a car, who are obliged to repay debts on the debtor’s loan.

It should be noted that bailiffs can carry out this action for a car that was purchased in installments, for consumer loans or for alimony.

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If it so happens that the debtor’s car was seized, then the only way out in this situation is to pay the full amount of the loan. First of all, bailiffs must provide the debtor with notice of the opening of enforcement proceedings against him. The debtor is also provided with a court decision, as well as papers on the loan he has and the timing of its repayment.

Thus, a fine can be imposed on any property, including the debtor’s car, only if a court decision has been made and driving it is prohibited.

Most often, the initiative to impose a fine comes either from the bailiff service or from the tax service. This means that the debtor can challenge the verdict.

In addition, bailiffs must provide the debtor with notice of the seizure of the car and the reasons for the seizure.

The debtor can also make a request to the bailiff service for clarification of the reasons for seizing the car. You can use the machine until the reasons are explained.

If the location of the debtor is not known, then bailiffs first seize various registration actions in relation to the car. In addition, they contact the competent organizations to open a case to search for the debtor.

The seizure of a car can only be lifted if the debtor has paid the entire amount, or most of the debt, and submitted payment receipts to the bailiff service. And only after reviewing these documents, bailiffs make a decision to lift the arrest.

It should be remembered that if a creditor bank or collection agency declares the imposition or lifting of a seizure on the debtor’s car, then their actions are not legal.

The bank can take the car from the debtor only if it was purchased with loan funds. But first of all, the bank must contact the bailiff service.

Other circumstances of seizure of a car by a bank are also not legal.

Initially, the owner needs to find out the legality of the seizure imposed on the car. For example, there are cases when the debtor has tax debts, and a car that was purchased on credit is seized. Such actions of bailiffs cannot be called lawful. However, if a bank seizes a car that was borrowed from the bank, then this can be considered legal and its use is prohibited.
Next, the owner must find out the reason for imposing the fine. Usually the reasons are: loan debts, unpaid alimony and tax fees, violation of the rules for traveling abroad or importing some items.

This is very important, as it helps to figure out which documents and which authorities should be contacted next.

For example, if you have a loan, you need to repay it, get a receipt about it and go to the bailiff.

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However, it often happens that the debtor should go to court on his own.

After finding out the reason, the debtor must pay off the debts and present the relevant documents to the bailiff service.

There is no reason to worry if your car was taken from you legally. Knowledge of government regulations and requirements will help you quickly resolve the issue of returning the car without difficulties and unnecessary waste of money.

First, you need to find out on what grounds the vehicle was seized. The car may be seized for the following reasons:

unauthorized travel outside the state;
evasion of child support payments;
fact of criminal prosecution;
presence of fines;
establishing the fact of an administrative violation.

Despite the clarity of state legislation, many motorists are often interested in the question of how to remove the arrest from a car as quickly as possible.

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.

What to do if the car is seized by bailiffs

In most cases, the debtor's property is seized only if he is insolvent. What to do if bailiffs seize a car. There can be several reasons for the debt, for example, the car is pledged to the bank, and the client stops making payments, or due to civil claims from other persons.

A similar measure can also be used to avoid paying taxes. As a general rule, the arrest remains until the debt is paid in full with all accrued interest and penalties.

Seizure can be carried out both extrajudicially and in court, but the former requires compelling reasons, which will be discussed below. An out-of-court procedure is allowed if the amount of debt is large and there is a risk of the debtor evading payment. In this case, joint activities of the Federal Bailiff Service and traffic police inspectors may be organized aimed at detecting and seizing the debtors’ vehicles.

If the above grounds are not present, a court decision that has entered into legal force will be required. The debtor must receive a notice and a decision to seize his property.

We were unable to carry out any transactions with the car: what does this mean and what to do? Most likely, the car is under arrest and you will have to deal with it.

It is important to remember that if the following circumstances exist, the car cannot be seized:

a car is the only means of transportation for a person who has a certificate of disability;
The debtor's only professional activity depends entirely on the car.

When can an arrest be made?

The main purpose of the arrest is to force the debtor to pay, and in case of refusal, to sell his property in favor of the person to whom the debt is owed.

Specific cases:

debt obligations to credit institutions, for example, to a bank. It is important to note that first he will ask the debtor when to expect the money and only when a significant amount has accumulated will he file a claim in court;
significant debts to public utilities;
avoidance of paying alimony;
unpaid taxes;
debt under the contract (to an individual or legal entity);
civil claims against the person.

There are other grounds for arrest: division of joint property. During the trial, the arrest will ensure its safety.

Seizure at customs is possible if the owner:

makes attempts to illegally cross the border;
carries out transportation of items withdrawn from free civil circulation;
avoids paying statutory fees and charges.

But still, the most common reason for arrest is debt, and this will be discussed in more detail later.

The car is under arrest by the bailiffs, what to do?

If the bailiffs seized the car for debts

Bailiffs usually seize a car for large debts. These include debt on bank loans, child support, and taxes. A lien is placed on a car that is pledged to the bank until the loan for it is repaid.

What to do when a car is seized?

First you need to find out the reason for such actions on the part of the bailiffs. You can find out why your car was seized by contacting the bailiff service. Usually, when a car is seized, its owner receives a copy of the decision to initiate enforcement proceedings against him. It states the reasons why the judicial authority made such a decision.

Any seizure placed on the vehicle can be lifted. If you can’t resolve the issue with the bailiffs, go to court. In any case, you will have to be patient and work hard.

The most common reasons for a car being seized

The bank has exhausted all possibilities in trying to get the debtor to pay the consumer loan. The financial institution goes to court. In accordance with the court decision, the debtor's car will be seized.
Debts to pay child support, proven in court. The car will be seized until the debtor pays the required amount.
During a divorce, the car is subject to division as movable property, so it may be seized.
If, during the import of the car into the territory of the Russian Federation, its owner did not complete or incorrectly completed the necessary documents.
Unknowingly, the pawned car was purchased from fraudsters using forged documents.

In what cases is it impossible to seize a car?

Bailiffs, without fully finding out all the circumstances related to the car, can arrest it. But performers do not always have the right to do this.

A car cannot be seized if it is driven by a person with a disability.
The car does not belong to the debtor, but is the property of one of his relatives or family members, for example, his wife or son.
A car is a means of carrying out work activities. A person will lose the opportunity to work if he loses his vehicle.

What to do if you want to lift the arrest?

Pay off the debt. If seized, the owner has about ten days to pay off the debt. If he cannot pay the debt or does not have time, then the car is sent for sale to the Russian Federal Property Fund. The car will be sold at an open auction, in which any citizen who submits an application can participate if they wish. The amount received from the sale is transferred to pay off the debt. If the debtor finds the money and pays off the debt, the car will be withdrawn from sale.

Contact the judicial authorities. You need to write a statement of claim addressed to the judge who issued a ruling recognizing the car owner as a debtor. In the application, demand the removal of the arrest or restriction on the use of the vehicle, indicate the reasons why the claim should be satisfied.

If the court decides in favor of the plaintiff, then it is better for the driver to always have the received document with him. Due to imperfect ways of exchanging information between services, bailiffs, and traffic police officers, paper may be needed to confirm the fact that the arrest has been lifted.

They don't buy your car, take it back. If you are lucky and no one buys your car at the auction, even the creditor bank will not need it. Then you can contact a bailiff. Write a statement demanding that your property be returned to you. If you are denied, send a complaint to the senior bailiff.

According to the law, if a vehicle is not sold within two months after revaluation, the claimant can, if desired, keep it. In case of refusal, the vehicle may be returned to the debtor. If the defendant does not have other property or income that can be seized to pay the debt, then the bailiffs return the writ of execution to the collector.

How to correctly draw up an application to the court to lift the arrest

The application is written and sent to the judge who made the decision to impose a penalty on the debtor’s savings and property.

Important! Do not try to pity the representative of Themis by telling him about personal problems and sorrowful circumstances. The judge considers the essence of the issue. In the application, indicate the number of the article on the basis of which the decision will be made. In this case, this is Article 144 of the Civil Procedure Code of the Russian Federation. Clearly state all the facts confirming the need to remove the seizure from your property - the vehicle.

What points must be included in the application?

At the beginning of the document the name and address of the court and the full name of the judge who imposed the arrest must be indicated. Below is the plaintiff's information - name, residential address, telephone number.
Indicate the case number for which the arrest decision was made. It can be found in the office.
The title of the application will be “Application for Cancellation of Security for Claim”
When describing the circumstances of the case, we indicate for what reason the judge imposed the arrest, the date, the name of the judge, and we name the measures that were taken against you as a defendant. Then we provide information about the decision made, whether the claim was satisfied or rejected, the parties entered into a settlement agreement, or the case was left without consideration.
Referring to Art. 144 we write for what reason the sanctions (arrest) should be lifted. We present all the circumstances in as much detail as possible.
We conclude the statement with a request to cancel the measures to secure the claim, in this case arrest.
We list the names of copies of documents attached to the application that are necessary to confirm your arguments.

What to do if the arrest could not be lifted

The owner can travel by car until the insurance period expires. However, he is deprived of the right to dispose of the vehicle - he cannot undergo technical inspection, sell, or give the car as a gift.

If the court has seized the physical movement of the car owner, then he is not allowed to drive. This decision is made when the debtor tried to hide so that the bailiffs would not find him.

How to check when buying whether a car is seized or not?

You can obtain information from the state traffic inspectorate, as well as on the website of the federal bailiff service, where you will need to enter the license plate number of the car and the seller’s information.