Is it possible to drive a car seized by bailiffs?

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.

1. 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.
2. 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:

1. unauthorized travel outside the state;
2. evasion of child support payments;
3. fact of criminal prosecution;
4. presence of fines;
5. 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 are the risks of buying a car while it is under arrest?

A car is property that, by analogy with other property, can be seized. In this case, the owner of the vehicle loses the right to dispose of the car at his own discretion. Purchasing a seized car can also cause a lot of trouble. Let's try to figure out what a seized car means.

Content

What does it mean to seize a car?

For most inexperienced car owners, car seizure, ban or restriction of registration actions are identical concepts. However, from a legal point of view they are different.

The restriction prevents the implementation of ownership rights (or other rights) in relation to property. This measure can be used when dividing a car between spouses during a divorce, pledging a vehicle as collateral, etc.

A prohibition should be understood as a decision that prevents the owner of the property from performing a specific action or series of actions. For vehicles, a ban on registration actions is most often used. This measure can be used if there are debts on alimony, loans, fines and in other situations.

The concept of arrest is much broader than the previous ones. In accordance with Article 51 of the Federal Law “On Enforcement Proceedings” (FZ-229 of October 2, 2007), this measure provides for an inventory of property and a ban on performing absolutely any actions with it.

Who has the right to seize a car and in what cases?

This procedure can be initiated by a decision:

• court when satisfying the claim of any organization or government agency (bank, social security department, etc.);
• customs authorities;
• bailiffs.

There are many reasons why a car is seized. The most common of them are unpaid utilities, overdue loans, debts for alimony or traffic police fines. Also, punitive sanctions can be initiated for non-payment of taxes or for violations of customs clearance of a car (for example, the owner, in order to avoid paying a fee to the state treasury, imports it from abroad for spare parts, etc.).

Seizure procedure

The seizure of a car by bailiffs is carried out in the manner provided for in Articles 64 and 68 of the Federal Law “On Enforcement Proceedings”. FSSP employees are required to present the owner with the relevant resolution and draw up an inventory of the property.

An act of seizure must be drawn up and documents for the car must be confiscated: PTS and registration certificate (in this case, the presence of two witnesses is required). The act of seizure specifies the following parameters:

• car color;
• state number;
• body and engine numbers (when it comes to trucks, the chassis number is additionally indicated).

In addition, the document must mention external and internal defects of the car.

Then the issue of transferring the vehicle for storage is decided. An outside person or organization with which the FSSP has concluded a corresponding agreement may be appointed responsible for the safety of the car. However, quite often the seizure procedure is not carried out. In this case, the owner of the car or one of his family members is appointed responsible for storage.

It should be remembered that using a seized car, in accordance with Art. 86 of the Federal Law “On Enforcement Proceedings”, it is impossible without the written consent of the bailiff. Otherwise, the matter may lead to criminal liability.

By the way, you most likely will not receive permission from the bailiff, since cars belong to the category of property that can suffer significant damage during operation (for example, in a traffic accident). Accordingly, the cost of the seized transport will decrease.

The lien on the car will be removed after the debt is paid off. Otherwise, it may be put up for auction.

In what cases can the seizure of a car by bailiffs be challenged?

According to current legislation, the arrest procedure cannot be carried out if the car belongs to:

• one of the debtor’s family members (for example, the husband’s car should not be seized for the wife’s debts or vice versa);
• a disabled person, and he needs it for movement;
• a debtor whose work is directly related to the use of a car he owns (taxi, freight transportation, etc.).

If the owner of the vehicle fits one of the above categories, but the arrest was still made, it’s time to go to court.

What are the risks of buying a seized car?

Some owners, after a car has already been seized, try to get rid of it. And there are buyers for such vehicles: they are attracted by the relatively low cost. If you make such a transaction knowingly, remember that you will not be able to legally complete the purchase. All seized vehicles are included in the traffic police database.

Often, the buyer simply does not know that the car sold to him is under arrest. Having contacted the traffic police, the newly-minted owner is denied registration of the vehicle. That is, you seem to have a car, but he cannot use it legally.

In this situation, there are several options:

• Try to get punitive sanctions lifted. True, this is only possible in a situation where the seizure occurred later than the conclusion of the purchase and sale agreement for the vehicle.

• Try to negotiate peacefully with the seller to terminate the transaction and return the money by sending him a corresponding claim in writing. The effectiveness of such actions is very doubtful, since the owner of the car perfectly understood the illegality of his act, which means that persuasion most likely will not work on him. Often the seller simply hides, turns off the phone and does not want to get in touch.

• If the second option does not work, you will have to file a claim to terminate the transaction and return the funds. The buyer has every right to do this in accordance with Article 460 of the Civil Code of the Russian Federation. Here you need to remember the following: if the transaction amount is less than 50 thousand rubles. - you should contact the magistrates, if more - the district court.

Practice shows that in the vast majority of cases your claim will be satisfied, but be prepared for the fact that the legal proceedings will take about 2 months.

An important point when drawing up a purchase and sale agreement (SPA) is to indicate the actual cost of the car. Often, by mutual agreement, a much smaller amount is fixed on paper. At the same time, the buyer should understand that if, for example, he actually paid 500 thousand rubles for the purchase, and the contract indicates half that amount, it will be very difficult to return the money in full. After all, the court does not need words, but documented evidence.

A word from the experts

Yulia Kombarova, General Director of Legal Bureau No. 1

“In all standard contracts for the purchase and sale of property, including cars, there is a clause that states: “The seller guarantees that the car is not pledged, that third parties have no claims to it, and the seller also guarantees that it has no signs of and bankruptcy cases filed.” This clause of the contract protects the buyer, and places full responsibility for the circumstances of the transaction on the seller. Therefore, in the event of detection of arrests imposed on the item of purchase, after concluding a sales contract and transferring money, the buyer has the right to invalidate the contract, receive the money back and return the car.

Proving the good faith of the acquirer is, of course, a time-consuming legal process. But for the services of a representative and other legal expenses can be recovered from an unscrupulous seller in court. It should be noted that if you win a lawsuit, you will not be able to get money right away. Most likely, you will have to contact the bailiff service, and if the debtor is in bankruptcy proceedings, then submit your claims to the register of creditors of the debtor in the bankruptcy case.”

Valerik Vardanovich Galstyan, senior partner of the law firm "Rogov, Galstyan and Partners"

“In such a situation, things can develop in two ways:

• If the contract for the sale and purchase of a vehicle was executed before the seizure, then the new owner has the opportunity to try to lift the seizure in court by proving that he was a bona fide purchaser, and at the time of the seizure the vehicle was not owned by the seller.
• If the purchase and sale agreement was executed after the seizure, the car will be confiscated from the new owner, since the seizure is a restriction on taking actions to alienate property. Therefore, the seller did not have the right to sell the property under arrest.

In the second case, the new owner has every right to terminate the purchase and sale agreement concluded with the seller and demand the return of the funds paid by him.”

How to check a car for arrest

In order to avoid getting into an unpleasant situation and subsequently having to go through the courts, before purchasing, you need to check the car for arrest by bailiffs. To do this, you can contact the traffic police or the FSSP.

In the first case, for verification you will need information about the VIN, chassis number or body number of the vehicle. To access the bailiff database, you need to know the number and series of the car owner’s passport. If for some reason the current owner refuses to provide you with information for verification, it’s time to think about the feasibility of the purchase.

If you need a quick online check of a car for arrest, use the specialized Autocode service. The check will take no more than 5 minutes. It is enough to indicate the state in the search window. vehicle number. You will receive information about the car's former owners, the number of accidents in which it was involved, the actual mileage, whether the car was pledged, whether it was used as a taxi, etc.

Information about the fact of seizure of a vehicle can be found in the “Restrictions” section. You can check the car by following the link!

What should the owner do when a car is seized by bailiffs? Is it possible to sell a car?

The seizure of a car by bailiffs is a measure that is designed to ensure the safety of the debtor’s property in case it has to be sold to pay off accumulated debts. The vehicle will go under the hammer if the debtor fails to comply with the requirements specified in the writ of execution within the period established by law.

Customs can also seize it (if the car has not passed customs control - when trying to export it illegally or in the absence of documents necessary for transit). The bank does not have such powers - even if a citizen is in arrears for many months on a car loan, the bank goes to court, the court makes a positive decision, after which the car is seized by bailiffs in favor of the bank.

Most often, the seizure of a car by bailiffs occurs if the car owner has accumulated a large number of debts - not only for loans, but also for alimony, payment for housing and communal services, taxes, and other obligatory payments. Will it be possible to drive it, is it possible to sell a car that has been seized by bailiffs, can a car be confiscated if it is pledged - we will figure it out in our article.

Grounds for seizure of a car

In what cases can bailiffs seize a vehicle? The basis for their actions will be a writ of execution, which states that the person owes a certain amount of money - it does not matter to whom exactly, the Tax Service, a bank or an individual.

Do you doubt whether you have debts to bailiffs?

Free online check of all debts in one click!

Why can bailiffs seize a car?

For debts to pay alimony,

For debts on housing and communal services, taxes,

For traffic fines.

It is worth noting that the bailiffs do not act on their own initiative - the procedure starts only after the claimant gives them a writ of execution (its validity period is three years). This document is sent to the debtor.

After receiving a copy of the writ of execution against signature, the citizen is obliged to pay the debt in full within 5 working days. He may also apply to the court for payment in installments.

If a person does not take any measures to find a compromise or pay off the debt, then the bailiffs have no choice but to seize money accounts or property with its further sale. In this case, the claimant’s demands under the writ of execution will be satisfied from the proceeds from the sale.

Customs imposes a seizure on other grounds - if the customs clearance procedure is violated or there are not enough documents that are mandatory when transporting a vehicle across the border. Customs officers can seize a car without a court decision. Bailiffs and banks - no. Actually, banks do not have such powers at all - everything is decided by them only through the court and bailiffs.

How does the procedure for seizing a car by bailiffs take place?

Although the word “seizure” is associated with moving to a restricted area, this is not always the case with property. The fact that the bailiffs have seized the car only means that it can no longer be sold or transferred into the possession of third parties on the basis of a gift agreement. In fact, the vehicle belongs to the car owner in a limited manner. But he can still use it.

The procedure for arresting a car by bailiffs is described in Art. 80 of the Federal Law of October 2, 2007 N 229-FZ. The first step is to draw up an inventory of property in the presence of witnesses. The inventory, which is also called the seizure act, must include the following information:

The name of the seized property, its distinctive features,

Preliminary cost estimate,

The type of restriction imposed (this may be a restriction on the right to use or only a ban on disposal, that is, on sale or transfer to other hands), its scope and timing.

In some cases, the car may be transferred for safekeeping to the debtor's relatives or other responsible persons. A note about this must be made in the seizure act. The responsible person is warned of responsibility for the safety of the property transferred to him for storage.

If the bailiff also has a judicial act on the confiscation of property, then the property is confiscated - it is also part of the arrest procedure. Only if such an act is available, the car is moved to a special parking lot, where a professional appraiser is called. Next, the vehicle is put up for auction.

If there is no act of confiscation, then the car remains with the debtor, but for limited use - depending on what kind of restriction was imposed (the bailiff must give all explanations).

Do I have the right to drive a seized car?

If the bailiff imposes restrictions only on the disposal of movable property, then the owner can continue to use it without restrictions. The question of whether it is possible to drive a seized car by bailiffs will have a positive answer in this case. Only sale and donation are prohibited.

However, if further seizure of the car is a resolved issue, then the claimant can file a petition for interim measures in relation to the vehicle. This is done to ensure that further operation does not cause damage to the car, which may negatively affect its market value.

If the value of the car is more than the amount owed, the application may be rejected. If the numbers are approximately equal, and the debtor has nothing left to seize, then the bailiff will listen to the claimant and impose a restriction on the right to use the car.

Can a credit car pledged to a bank be seized?

Arrest is possible only if the mortgagee wins the court. That is, the answer to the question of whether bailiffs can seize a car that is pledged to a bank will be positive only if the bank itself has demanded the seizure of the pledged car.

If the bailiffs nevertheless decide to seize the credit car, it is necessary to appeal their actions through the court (but first, you can write an application addressed to the senior bailiff and attach to it documents confirming the fact that the seized/arrested vehicle is pledged to the bank).

Is it possible to sell a car while it is under arrest from the bailiffs?

Regardless of what specific restrictions on vehicle ownership are imposed by the court, it will not be possible to sell a car that is under arrest in any case. More precisely, a deal can be concluded, however, it will be considered illegal and can be canceled at any time.

However, this does not stop some unscrupulous car owners who deceive buyers. The latter find out that the purchased car is in the custody of the bailiffs only when they try to go through the registration procedure.

How to find out about the seizure of a vehicle

This issue is more relevant for buyers of vehicles than for their owners, since the bailiff must notify the latter of the seizure. The only exception is if the bailiffs seized the car remotely, that is, they imposed restrictions on the property before they found out the actual location of the debtor and the car itself. This measure is quite effective, since information about the arrest is transmitted to other authorities, including the traffic police.

They can find out about the presence of a car in the debtor’s possession, as well as obtain accurate information about it (make, model, license plate number) from the claimant - an individual or a bank, the Tax Service, etc. In addition, bailiffs can request information about the debtor’s property from various sources and be guided by the data received to ensure the property interests of the claimant. That’s why moving a car to another city or even region is not an option.

Do bailiffs have the right to seize a car on the road? Yes, if there is a decree on the seizure of a vehicle with a restricted right of use or an act of confiscation. If you find yourself in a situation where bailiffs take your car right on the highway, you must certainly be shown documents confirming the legality of this action. It usually starts with a routine roadside check. Next, traffic police officers search the car through the base and call bailiffs to the place - if possible. Or they drive the car to the impound lot themselves. After this, the debtor will no longer be able to drive the seized car.

So , we found out whether it is possible to sell a car that has been seized - this is prohibited, but the ban is easily circumvented by unscrupulous sellers. The interested party is precisely the buyer. It is to him that the car may be sold when it is seized, and he will get a new headache with the new acquisition. More precisely, he will lose money and will not buy a car, since the car can be seized by bailiffs at any time. You will have to sue for the opportunity to return the money spent.

To protect yourself, before the purchase and sale transaction, be sure to find out whether the car is under arrest by the bailiffs. What should I do to find out? The procedure is as follows:

Go to the traffic police website https://gibdd.rf/.

Among the services offered, select “Car check” https://GIBDD.RF/check/auto.

Enter the data you have (license number, VIN number).

The system will show whether the car has been stolen, whether restrictions have been placed on its registration, and whether it has been involved in serious accidents.

It is also worth checking the driver - if you have his passport details. You may find out that enforcement proceedings have been initiated against him, which automatically jeopardizes any transactions with his property. Bailiffs can seize a car at any time until the enforcement proceedings are closed. To check, you can use the database of debtors on the FSSP website http://fssprus.ru/iss/iP or on our website.

If, after the purchase, you find out that the bailiffs have restricted the car for the old owner, then everything will depend on the date - if at the time the restrictions were imposed the car had already been sold, then the claims will be unfounded. If the car was purchased after the restrictions were imposed, then such a transaction is considered unlawful.

Removing the arrest and all restrictions from the car

The bailiff does not lift the arrest as long as the possibility of its confiscation remains. If the car has already been confiscated and put up for auction, then it can return to its rightful owner only in one case - if there are no buyers for it, and the claimant does not want to take the vehicle to pay off the debt.

How to return a car for debts from bailiffs? The most reliable and legal way is to pay off the debt before the car goes under the hammer. The car owner has some time for this - first, the bailiffs order an appraisal of the car, which can take up to one month; 10 days after the appraisal (but no more than 20 days) the car is put up for auction.

You can also appeal the actions of the bailiffs if they imposed a restriction on the car unlawfully. For example, if the debtor needs a car to earn money or it is used by a disabled person with limited mobility. You also cannot withdraw an expensive car to pay off a small debt - if the difference in the amount of debt and the price of the car is excessive. For example, a car costs two or more times more.

Other reasons why an arrest may be lifted:

The claimant wrote a statement withdrawing all claims against the debtor - after which the enforcement proceedings are terminated.

Enforcement proceedings were terminated by court decision - for example, if the debtor managed to refute the claims of the collector.

If the debt is repaid and there are no property claims against the debtor, the enforcement proceedings are closed. The debtor has the right to demand that the bailiff issue a decree to lift the arrest on the same day. Or wait until it is received electronically by the traffic police. Do bailiffs quickly remove the arrest from a car? Within three days from the date of adoption of the resolution.

What to do if the bailiffs do not want to lift the arrest

Bailiffs are required to follow the letter of the law in their actions. If the debtor has repaid the debt, or enforcement proceedings have been closed against him, then they have no grounds for refusing to remove the seizure from the car.

How long does it take to remove the seizure from a car? The bailiffs remove it on the same day they receive confirmation of the debt being repaid or the case being closed. If it takes a long time to remove the arrest from the car, you have the right to file a complaint about the bailiff’s inaction to the senior bailiff. If this does not help, contact the prosecutor’s office at your place of residence.

But more often problems arise from the traffic police - it is in their database that the information is slowly updated. That is why it is recommended to personally take the decision to lift the arrest to the State Traffic Safety Inspectorate of your district/district. As we remember, you can drive a seized car if it has not been confiscated, but it is better to have a copy of the decree lifting the seizure with you - until the traffic police database is updated.

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:

1. Copy of the court ruling dated August 18, 2019.
2. Payment order for the transfer of funds to the plaintiff’s account dated October 19, 2019 No. 347894.
3. A copy of the resolution to initiate enforcement proceedings dated September 19, 2019.
4. 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:

1. Follow the link https://traffic police.rf/check/auto/#;
2. In the “Vehicle check” window that opens, enter the Vin of your car;
3. Below, select the category “Check restrictions”;
4. 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:

1. Based on a valid court decision, the bailiff initiates enforcement proceedings.
2. After 2 weeks, the arrest process begins;
3. The bailiff sends a request to the traffic police to impose restrictions on registration actions;
4. The bailiff visits your residential address to make an arrest;
5. 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.
6. If the car was not found, the bailiff begins to look for it. He sends the relevant documents to the traffic police;
7. 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.

Seizure of a car by bailiffs - in what cases is a car seized and is it possible to drive it?

A car is property that, in certain offenses, bailiffs can seize by court order. The most common reasons for arrest include malicious failure to pay various taxes, accrued fines, alimony, and outstanding debt to banks.

What is an arrest

The seizure of goods, vehicles and other things that were instruments of committing or the subjects of an administrative offense consists of drawing up an inventory of these goods, vehicles and other things with an announcement to the person in respect of whom this measure was applied to ensure proceedings in the case of an administrative offense, or to its legal to the representative about the prohibition to dispose (and, if necessary, use) them and is applied in the event that the specified goods, vehicles and other things cannot be seized and (or) their safety can be ensured without seizure. Goods, vehicles and other things that have been seized may be transferred for safekeeping to other persons appointed by the official who seized them.

According to paragraph 1 of Art. 27.14 Code of Administrative Offenses of the Russian Federation

So, the seizure of a car imposes restrictions on various registration actions with the traffic police, for example, registration/deregistration or its re-registration. Also, the car cannot be given away or sold.

Due to inexperience, some drivers confuse the seizure of an illegally parked car with an arrest, although this is not the case. Unlike arrest, the owner can pick up the car from the impound lot at any time, albeit after repaying the debt.

Arrest may be made:

Other organizations after court permission.

Grounds for arresting a vehicle

Each authorized body has its own reasons:

A car may be seized by bailiffs if the car owner has unpaid fines, utility debts, or if he has not paid alimony for a long time. The purpose of arrest in these cases is to compensate for accumulated debts. If they are not returned in a timely manner, the vehicle will be put up for sale.

Customs services impose arrest if the customs clearance procedure for a vehicle brought from abroad is violated. Thus, dishonest sellers, in order to avoid paying duties, transport them in parts. It is possible to detect a violation when registering a car with the traffic police.

The car can already be seized if the court has ruled in favor of the organization to which the owner has a debt.

How is a vehicle arrested?

Clauses 4-6 art. 27.14 of the Code of Administrative Offenses of the Russian Federation describes the procedure for arrest:

A protocol is drawn up on the seizure of goods, vehicles and other things.
The protocol shall indicate the date and place of its preparation, position, surname and initials of the person who compiled the protocol, information about the person against whom this measure was applied to ensure proceedings in the case of an administrative offense, and about the person in whose possession the goods, vehicles and other goods are located. things that have been seized, their inventory and identification features, and a record is made of the use of photography and filming, and other established methods of recording material evidence. Materials obtained during the arrest using photography, filming, and other established methods of recording material evidence are attached to the protocol. If necessary, goods, vehicles and other things that are seized are packaged and (or) sealed.
A copy of the protocol on the seizure of goods, vehicles and other things is handed over to the person against whom this measure of ensuring the proceedings in the case of an administrative offense was applied, or to his legal representative.

Clauses 4-6 art. 27.14 Code of Administrative Offenses of the Russian Federation

What to do if a vehicle is seized

First of all, you should find out, using the traffic police online service, for what reasons the arrest was imposed. Further, if you consider the decision to be justified, you should immediately pay off all existing debts to organizations and contact the authority that arrested you. If there is delay, the car will be sold at auction.

If the car is the subject of proceedings in court, it will be possible to remove it from arrest only after a verdict. And in the case of illegal customs clearance - only after going through the full procedure according to the law and paying all fines and taxes.

How to find out

Visit the website of the State Traffic Inspectorate using this link: http://www.gibdd.ru/check/auto/#wanted

Enter the VIN code. You can find it in the registration certificate.

Select “Check restrictions”. If you wish, you can check the information on other points.

Next, a window with a captcha will appear. You will need to enter the number shown correctly for verification.

After this, a detailed report will appear in a similar form.

Or you can get the most complete report with data that is not on the traffic police website

Is it possible to drive after the car has been seized by bailiffs?

As you already understand, the essence of the arrest is a complete ban on sales and re-registration. But no one restricts your ability to drive such a vehicle until the corresponding court decision is made in court. However, there are controversial points here too.

Thus, during the division of property of spouses during a divorce, using a car for its intended purpose is fraught. Thus, the second spouse can file a petition for interim measures in relation to the vehicle, justifying this by the fact that the use of the vehicle may affect its market value. If the court accepts the claim, the car will be transferred either to an impound lot or to another person for storage.

Seizure of a car during a divorce

We have already touched on the topic of divorce above. If you look at it from a different angle, you can understand that arrest is often necessary, since an unscrupulous spouse can give it away or sell it, not wanting to divide the property.

It is in such situations that Art. 140 of the Code of Civil Procedure of the Russian Federation provides for the possibility of interim measures:

1) seizure of property belonging to the defendant and located in his or other persons’ possession;
2) prohibiting the defendant from performing certain actions;
3) prohibiting other persons from performing certain actions related to the subject of the dispute, including transferring property to the defendant or fulfilling other obligations in relation to him;
4) suspension of the sale of property in the event of a claim for the release of property from seizure (exclusion from the inventory);
5) suspension of collection under a writ of execution contested by the debtor in court.

A petition is submitted along with a claim for division of property, after which the court, if it rules in favor of the plaintiff, will notify the traffic police of the arrest.

If you want to challenge this decision, contact an experienced lawyer, he will help defend your rights.