What a bailiff can confiscate. What can bailiffs take for credit debts

  1. Received as a result of committing crimes, illegally transported across the state border, income from this property.
  2. Designed to finance criminal, terrorist organizations, armed groups.
  3. Means of committing a crime that belongs to the accused.
  4. If the property obtained by illegal means was transferred to another person, it can be confiscated. But for this it is necessary to prove that the recipient knew about the origin of the property (acquired as a result of criminal actions).
  5. If the property obtained by illegal means cannot be confiscated due to sale, loss, etc., an equivalent sum of money... If the money cannot be withdrawn, property of comparable value is withdrawn.

What property cannot be withdrawn for loan debts

The answer to these questions is laid down in the Civil Code of the Russian Federation. In accordance with Article 24 Civil Code RF citizens of Russia, when lending, are liable for their obligations with all their property, with the exception of property, which, in accordance with the law, cannot be foreclosed. And in accordance with the Civil Procedure Code of the Russian Federation (Article 446, paragraph 1), debt collection cannot be applied to the property of citizens according to the established list, which today includes:

How to avoid confiscation of property in case of loan debt

Confiscation of property can be carried out solely on the basis of judgment and carried out only by bailiffs. Also, do not forget that not all property can be subject to confiscation. In the event that the property is, for example, the source of his earnings, it is not subject to confiscation. Among other things, in order for the debtor to avoid unpleasant incidents related to the confiscation of property, it is best to re-register it in advance with relatives. After all, if there is nothing to take away, then there will be no unpleasant events either.

If the situation has not changed by the time the property is found, an arrest is imposed on it. First of all, the debtor's cash accounts are arrested, after which - other values. Now, in order to preserve the property, it remains only to ensure that the actions of the bailiff are legal.

First, the debtor is notified in writing that they will come to him to describe the property. The bailiff makes a visit regardless of whether the debtor has read the notice or not. Moreover, the notice of the commencement of enforcement proceedings is handed to the debtor personally against his signature.

Confiscation of property, Pravovedus

Property confiscation procedure

  • financial assets and other property that a person received as a result of illegal actions;
  • financial assets and other property, the transfer of which was carried out illegally across the border line;
  • various incomes received in the process of selling property obtained by a criminal method;
  • financial assets, valuables and other property with the use of which terrorist or criminal activities are carried out;
  • tools and objects with the use of which the accused committed crimes.

Confiscation of property

Important! The person whose property was confiscated has the right to return it after paying the debt within 5 days after the confiscation procedure. If there is no receipt of funds to the bank in repayment credit debt, the property is transferred to the bailiffs-executors put up for sale and sold at a cost not lower than market value.

What can a bailiff take for debts

In any case, you should take really valuable things out of your home in order to avoid accidents. The bailiff can still describe all the property, so there is an option to go to court with a statement to exclude property from the general inventory. To do this, you will need to provide strong evidence that the thing does not belong to the debtor.

What can bailiffs take for debts

The interaction of employees of the enforcement service with non-payers begins with the receipt by the bailiff of a copy of the court decision. This paper comes in 5 days from the date of the announcement of the verdict. Then the debtor is allocated another 5 days for the voluntary repayment of the arrears, and then the property collection procedure starts. In this case, the inspector is guided by ФЗ №229 " About the executive service» .

What property is not subject to seizure by bailiffs: list and explanations

The first thing that is seized is the bank accounts. Prohibited credit cards, because they are not the property of the defendant, but belong to the bank, therefore, it is impossible to arrest them. Salary account can be arrested, but not completely, maximum amount is 50%, and the remainder cannot be less than the minimum wage in the region. But the duties of the bailiff do not include finding out where and why the funds are being transferred to the debtor's account. To lift the ban, you need to contact the bailiff service and document that this is a salary.

Confiscation of property in the criminal law of the Russian Federation

  1. The only habitable housing.
  2. Land plots where this housing is located.
  3. Personal items: clothes, shoes (but jewelry can be confiscated!).
  4. Items of ordinary home furnishings, household items.
  5. Property for professional use (artist's brushes and canvases, writer's manuscripts).
  6. Pets that are NOT used for exercise entrepreneurial activity(chickens, cows, pigs, bees).
  7. Food products intended for the perpetrator of a socially dangerous act and for his family.
  8. Seeds for the next sowing.
  9. Fuel and resources that are needed for cooking.
  10. Property and vehicles that are necessary for the offender due to disability.
  11. State awards, prizes and certificates.

That the bank cannot confiscate from debtors

Bailiffs have the right to seize valuable things (including luxury items) owned by the debtor, the cost of which will cover the amount of the debt. Household appliances, equipment, jewelry and articles, transport, etc. can be confiscated.

Legal ways to protect property from arrest by bailiffs

In the relationship between the debtor and the creditor, justice is established with the help of a court. If a citizen does not want to voluntarily return the funds borrowed earlier, then after considering the claim from the lender, a completely logical decision may follow to enforce debt collection. In this case, you should first find out how to protect your property from bailiffs.

What can bailiffs take for debts

  • demand from the debtor the necessary information regarding enforcement proceedings and personal data;
  • check one or more identity documents;
  • enter the premises that belongs to the debtor and inspect it, if the bailiff cannot do this by a voluntary decision of the citizen, he has the right to coercive measures;
  • if there is resistance on the part of the debtor up to a threat to the lives of the perpetrators, it is permitted by law to use special means and firearms;
  • summon debtors to the regional department of the FSSP to resolve issues on executive documents;
  • check financial documents about the debtor's income in the accounting department of his employer;
  • arrest, confiscate or transfer for storage the property of the debtor;
  • impose restrictions on bank accounts and cards, valuables stored in safes in the amount specified in executive document;
  • sell property;
  • declare the debtor, his children and property on the wanted list;
  • get help from employees of the internal affairs bodies, migration registration, the FSB.

He comes to recover the debt, and can take what is worth the money. In total, there are 4373 bailiffs in Germany. On average, each of them collects more than € 200,000 in debts per year. This is mainly done through payments, less often through the confiscation of property.

“You can leave the owners with standard household items, the list of which includes a computer, TV, bed, table, chairs and items that a person needs to work,” explains bailiff from Buhl (Baden-Württemberg) Stefan Mross.

Except for these things, the bailiffs can take anything that can be sold in order to pay off the debt. However, they cannot confiscate items that belong to the debtor's children.

Whathas the right to confiscate the bailiff, andwhatcan not be taken?

  1. Fitness equipment to be confiscated in case their market price is at least € 800.
  2. Stereo systems are confiscated if they are of material value.
  3. Art and antiques are subject to confiscation.
  4. Lamps cannot be confiscated.
  5. The computer cannot be confiscated. However, if it is expensive, the bailiff can leave in return cheaper model. The computers in the children's room cannot be confiscated.
  6. Thermomix: only new models with a value of more than € 1000 are subject to confiscation.
  7. Watches and jewelry are subject to confiscation.
  8. The sofa can be confiscated. A chair will be left to the debtor as a place to sit.
  9. The TV can be confiscated if it new model and its original price was at least € 2000. At the same time, the debtor will be allocated funds for the purchase of a cheaper TV - about € 200.
  10. The tablet can be confiscated if not used for work.

Is it possible just not to open the door to the bailiff?

“As a rule, the bailiff comes two to five times,” explains Stefan Mross. - He rings the doorbell and, if they don't open it, leaves a note. If the door is not opened for him again and again, the creditor can ask the court for an arrest warrant. In this case, the door of the apartment can be opened by a locksmith, and the bailiff himself will find valuable things in the apartment. "

Can a car be confiscated?

Yes, motorcycles and cars can be confiscated by the bailiff if the debtor lives in the city, because you can use public transport there.

If it comes about the villagers, their cars cannot be confiscated, otherwise they will lose the opportunity to get to work. In this case, the bailiff can exchange an expensive car for a cheaper one.

Can a pet be confiscated?

No. Exceptions are expensive running horses.

You can buy confiscated items for sale on the site.

Law and law: what can a bailiff confiscate? updated: August 13, 2019 by the author: Victoria Holodenina

Confiscation of property is understood as its compulsory and gratuitous withdrawal from the owner who committed a certain offense. This procedure is carried out in favor of the state or the victim and is regulated by Civil, Administrative and Criminal Law, in particular, Art. 235, 243 CC and 104.1 CC. If the application of a measure implies the termination of property rights, it requires the mandatory availability of an appropriate court decision (part 3 of article 35 of the Constitution).

Features of modern confiscation

Since 1997, the confiscation of property has been a type of punishment provided for by the Criminal Code for, as well as those committed out of selfish motives. An example of this is the notorious dispossession of wealthy peasants, who are deprived of all land, tools of production and forcibly resettled to remote areas of the region.

However, in 2003, confiscation was excluded from the punishment system and now operates as an additional criminal law measure. Changes regarding legal nature and issues of application of confiscation of property are as follows:

  1. Not any property is confiscated, as it was before, but its specific types, listed in Art. 104.1 of the Criminal Code.
  2. Property can be confiscated not only in favor of the state, but also of the victim.
  3. This measure is applied when committing unlawful acts referred to in Art. 104.1 of the Criminal Code, and is not a punishment provided for by a certain article of the Criminal Code.

What property can be seized

According to Art. 104.1 of the Criminal Code, confiscation applies to property:

  1. Resulting from misconduct.
  2. Illegally smuggled across the border of the Russian Federation and states included in Customs Union EurAsEC.
  3. Transformed from illegally obtained funds, including money, valuable things. For example, a house bought with funds received from illegal drug trafficking (read more about the article for distribution and storage)
  4. Intended for the implementation of terrorist activities - money, weapons, posters and equipment.
  5. With the help of which the crime was committed - the instrument or the means.

The Criminal Code of the Russian Federation assumes the confiscation of property in relation to material objects.

For example, if the rights to the results of intellectual labor are violated, its material products will be confiscated.

If the stolen property or the profit brought by it was attached to the legally acquired property, the part that corresponds to the appropriated property is subject to seizure (part 2 of article 104.1 of the Criminal Code).

Also, the criminal can transfer the property obtained by illegal means to a third person or organization. In this case, the property will be seized if the new owner knew or should have known about the method of obtaining it (part 3 of article 104.1 of the Criminal Code). If it is impossible to confiscate the property appropriated by the criminal, the seizure of its monetary equivalent is allowed.

Property not subject to confiscation

As Art. 446 Code of Civil Procedure, a person cannot be deprived of:

  • the only living quarters, if he has no other places to live, and land under it;
  • furniture, stove, dishes and other essential household items;
  • clothes, toys and other things belonging to children;
  • fuel used for cooking and space heating;
  • seeds intended for sowing;
  • livestock and poultry, serving as the only source of food. In this case, the complete confiscation of property means the death of the defendant and his family;
  • equipment and tools necessary for earning money, if the court has not imposed a ban on the implementation of this labor activity;
  • cash in the amount living wage;
  • child allowance, pensions and other social benefits.

Also, the property belonging to the debtor's spouse cannot be seized. Evidence that the confiscated property is not in the possession of the defendant may be:

  • sales receipts;
  • warranty coupons;
  • other documents identifying the identity of the owner;
  • testimony of witnesses.

In what cases is the seizure of property carried out?

The law prescribes the confiscation of property for a crime or misdemeanor set out in Criminal or Administrative Law.

Confiscation in the commission of criminal offenses

Property is confiscated when certain crimes are committed, qualified under Article 74 of the Criminal Code, a list of which is given in Art. 104.1 of the Criminal Code and is not expandable. The list includes crimes related to:

note

According to the law, for the disclosure of personal data, a fine or imprisonment of up to 4 years can be threatened. And in especially serious cases (for example, the onset of grave consequences for a minor, which can be expressed in a mental disorder or harm to health), the term of imprisonment can be increased to 5 years. Read more in this

  • Production activity:
    1. manufacture and sale of goods without labeling (Art. 171.1);
    2. organization (Criminal Code of the Russian Federation, Art. 171.2);
    3. laundering money obtained by illegal means (Art. 174);
    4. legalization of property obtained through criminal acts (Art. 174.1);
    5. disclosure of confidential information commercial organizations, banks and tax institutions (Art. 183);
    6. falsification of the results of a competition or competition (parts 3 and 4 of article 184).
  • Financial turnover:
    1. use of counterfeit banknotes and valuable papers(Article 186);
    2. turnover of means of payment (Article 187);
    3. export of parts of weapons and military equipment (Article 189);
    4. timber harvesting (Art. 191.1);
    5. bribes (parts 5-8 of article 204).
  • Extremist activities:
    1. committing terrorist acts (Article 205);
    2. terror (Article 205.1);
    3. inducement to commit a terrorist act, including on Internet resources (Art. 205.2);
    4. taking a hostage (Articles 205.3, 205.4, 205.5, 206);
  • Criminal communities:
    1. creation of an illegal armed association or being in its composition (Article 208);
    2. bandit activity (Article 209);
    3. creation of a criminal group and joining it (Article 212);
    4. mass riots (Article 212);
    5. carrying and handling weapons and ammunition (Article 222);
    6. attacks on sea ​​vessels(Art. 227).
  • Narcotic substances:
    1. sales (Article 228.1);
    2. illegal traffic (part 2 of article 228.2);
    3. production and sale of precursors (Art. 228.4);
    4. theft (Article 229);
    5. , marijuana and other narcotic plants (Art. 231);
    6. organization of a brothel (Art. 232);
    7. sale of potent drugs and poisons (Article 234);
    8. manufacture of medicines (Article 235.1);
    9. others.
  • Other.

Confiscation in administrative law

The law on confiscation of property in the expression of Art. 235 GK provides for cases of voluntary and compulsory alienation of property, the value of which can be reimbursed or not. It is the compulsory and gratuitous confiscation that this article defines for:

  • property serving as compensation for obligations assumed by the owner;
  • contraband goods;
  • illegal remittances to banks of other states;
  • narcotic substances intended for illegal use;
  • guns administrative offense which is produced without court order, but can be challenged by the defendant (Article 3.7 of the Administrative Code);
  • other property.

Seizure of property for obligations

Property of similar value is confiscated as compensation for credit debt:

  • money;
  • Jewelry;
  • the property;
  • vehicles;
  • valuable interior items;
  • Appliances.

The defendant can return the seized property by paying off the debts within 5 days. Otherwise, the property is put up for sale, and the proceeds are transferred to the lender.


A representative will tell you about the rules for confiscation of property The Investigative Committee in the video below:

How property is seized

Confiscation of property in the Criminal Law of the Russian Federation is carried out in the following order:

  1. The court decides on the seizure of property.
  2. Instructions are entered in performance list sent to the bailiffs.
  3. The property is subject to seizure.
  4. In the presence of the owner, the bailiff and attesting witnesses, a list of seized objects and an act of their acceptance are drawn up.
  5. The certificates of acceptance and the described property are handed over to the owner within five days, after which he has the right to declare the property not subject to confiscation.
  6. There is a direct seizure of property and its transfer to government agencies... Moreover, their refusal to accept the confiscated property will be illegal. The procedure may differ slightly depending on the type of seized objects:
    • The instruments of crime can be destroyed or also handed over to the state.
    • To confiscate bank investments, the bailiff sends a request to the bank with the content of the court order and the account number to which the withdrawn funds should be transferred.
    • When the securities are seized, a copy of the decree is sent to the managing person together with instructions regarding the address of their shipment.
    • The stolen property is returned to the rightful owner or to a third party.

In total, the implementation of this measure may take from two to five weeks.

More information can be obtained by asking questions in the comments to the article.

Publications, 14:50 27.01.2012

The right to debt: the bailiff can break the door in the absence of the owner

Context

It is as easy as shelling pears to become a debtor: an untimely paid "communal", transport or land tax, alimony, delay in the return of a mortgage or other bank loan... If it was not possible to pay off the debt voluntarily after its recognition by the court, you need to prepare to communicate with bailiffs. Including for their arrival "on a visit" at home.

What does the law allow bailiffs to do, and what rights and guarantees do debtors have? Let's analyze the most FAQ arising in practice.

"Let's disperse peacefully"

Strictly speaking, even if your "case" fell into the hands of the bailiffs-executors, there is still a chance to disperse peacefully, without the use of measures of compulsory execution of the court decision. According to the law, in cases of debt collection, the bailiff first of all sets the deadline for the debtor's voluntary fulfillment of the requirements contained in the executive document. Such a period is indicated in the resolution on the initiation of enforcement proceedings and cannot exceed five days (Article 30 of the Law "On enforcement proceedings The countdown begins from the day when the debtor received the order.

In practice, there are often complaints: we were not given any "summons", we did not sign documents to receive the decree ... Keep in mind: in fact, the law does not require that the decree on initiation of enforcement proceedings must be handed over to the debtor personally against signature. In accordance with part 17 of Article 30 of the Law "On Enforcement Proceedings" a copy of the decree is sent to the debtor at the address indicated in the enforcement document. As a rule, we are talking about the address of registration at the place of residence ("registration"). "If the citizen has not notified the registration authority about the change of the address of the place of residence or place of stay, then the correspondence is sent to the last known address, and the debtor is also considered notified," explains Sergei Sazanov, First Deputy Director of the Federal Bailiff Service (FSSP).
Those who did not manage (could not) voluntarily pay off the debt within the time period specified by the bailiff will receive financial sanction. Namely: in addition to the amount of debt, you will have to pay performance fee in the amount of 7% of the amount to be collected.

"Open the door!"

By general rule bailiffs can perform enforcement actions on weekdays from 6 am to 10 pm (Article 35 of the Law on Enforcement Proceedings). It is allowed to "torment" the debtor at night and on weekends only in exceptional cases that cannot be delayed: when a court decision related to the conduct of elections, the expulsion of foreigners from the Russian Federation, etc. is executed. (part 3 of article 35). Situations with the collection of monetary debt do not apply to such cases.

The "sick" question of the bailiffs' home visit is resolved as follows. According to article 12 of the law "On bailiffs," the bailiff-executor has the right "to enter the premises occupied by the debtors or belonging to them, to inspect these premises and ... if necessary, to open them." In other words, the law allows the bailiff to break open the door if the debtor refuses to open it. And also the bailiff can visit and "open" housing in the absence of the debtor.

To enter the apartment (house) without the consent of the debtor, the bailiff-executor must have a written permission from the chief bailiff (clause 6 of part 1 of Article 64 of the Law "On Enforcement Proceedings"). And when the property is seized, which must be seized and sold to pay off the debt, the presence of attesting witnesses is required (part 5 of Article 80 of the same law). The seizure act is signed by the bailiff, attesting witnesses and other persons who were present at the arrest, including the debtor (if he was at home) or other household members. Refusal to sign "in protest" will not play a special role: the act will simply be marked accordingly, not diminishing its strength.

What can they take away?

V Federal Service bailiffs explain: it is assumed that in the apartment where the debtor lives, he can own any things. Proceeding from this, the bailiffs begin to describe any property in the housing, on which it is allowed to impose a penalty. In such a situation, the relatives of the debtor and other residents, in order to defend their rights to their own things, need to go to court with a claim to release the property from seizure or to exclude it from the inventory (Article 119 of the Law on Enforcement Proceedings). In this case, you will have to prove the belonging of things: with the help of receipts, contracts, testimony, etc.

As for the list of property that cannot be foreclosed, it is listed in Article 446 of the Civil Procedure Code of the Russian Federation. The CPC refers to "untouchable" things, in particular, food and money "for total amount not less than the established value of the subsistence minimum of the debtor citizen himself and his dependents ";" ordinary household items and household items ", personal items (clothes, shoes and others), with the exception of jewelry and other luxury items.

Debtors often have questions: can they confiscate a refrigerator, stove, washing machine, computer? The FSSP responds that the first two "units" are recognized as necessary to maintain normal life, therefore they are usually not included in the inventory of property for arrest. A washing machine may be considered a "vital necessity" if the family has small children and / or the debtor is disabled. The computer, alas, is likely to be arrested. There is a chance to achieve its preservation if the PC serves as a "production tool" for the debtor: that is, when a citizen officially has a job related to performing tasks on a computer at home (designer, remote programmer, etc.).

As for the housing itself, then, as a general rule, it cannot be seized and seized if it is the only one suitable for permanent residence the debtor and his family members. However, remember the exception: if an apartment or house is purchased on a mortgage, then they are easily arrested and transferred for sale in the event of a mortgage loan debt.

Anna Dobryukha

Add to blog

Code for posting:

Today, there are often cases when, after a court decision, funds are collected from the debtor, bailiffs and executors are dealing with these issues. If, within the allotted time, the defendant has not contested the decision, then he will be seized of property and bank accounts. But the debtor must know what property is not subject to arrest by bailiffs, this will help protect their rights.

Lodging

Many people mistakenly believe that they can lose their roof over their heads for debts, but this is a big mistake. In fact, the only housing is not subject to arrest and land plot, but which was erected private house if it is the sole property of the debtor.

It's another matter if the debtor has another Residential Properties owned. She can be arrested. But here, too, there are significant limitations. If the property is in shared ownership and the defendant is not the sole owner, then the bailiffs will not be able to arrest the property. Another nuance is that the cost real estate should be comparable to the size of the debt. Here we are not talking about mortgage debts, because in this case the housing is pledged by the bank and will be seized if the borrower fails to fulfill its obligations under the loan agreement.

But this does not mean that the arrest cannot be imposed on other personal belongings, household items, furniture and equipment. Next, you should carefully consider what property is not subject to arrest by bailiffs.

Personal belongings

Here, each debtor has many questions, and each of them requires individual consideration. First of all, personal belongings are not subject to arrest, these include shoes, clothing, personal hygiene products, food. This does not apply to luxury goods and jewelry, they can be withdrawn, but only if their value matches the amount of the debt.

There are still quite a few questions. For example, can they confiscate high-value clothing, such as a fur coat. In fact, no, they cannot, because this is a piece of clothing, but if something like that happens, the debtor has the right to file a claim with the court and return the property back. But more about this procedure below.

Furniture

An exciting question: which of the pieces of furniture can bailiffs remove? The legislation does not provide for the seizure of such property, especially if the apartment has old furniture. If bailiffs threaten to describe interior items, then this does not apply to furniture. And, for example, antiques, luxury goods, expensive paintings and much more can be withdrawn if their value is close to the amount of the debt. In addition, the task bailiffs- to confiscate and sell the property of the debtor, and the old furniture is of no particular value to them.

Appliances

It is too controversial issue... The bailiffs cannot seize Appliances, without which it is difficult for a person to exist. First of all, these are kitchen stoves, they are necessary in everyday life for cooking. Without them, it is difficult to provide a family with adequate nutrition, which means that the rights of citizens are violated, which does not comply with the law. The same is true for a home refrigerator, without which it is impossible to store food that a person needs on a daily basis.

But this rule does not apply to other household appliances, such as a microwave oven, washing machine, multicooker, TVs. According to the bailiffs, these are luxury goods, and no ban has been imposed on their arrest. But do not despair, it is enough to challenge this decision in court, if it is possible to prove that the seizure of property will dramatically worsen the position of the debtor. By the way, if in the house, for example, there are two stoves or refrigerators, several televisions, then they can be taken away.

Gifts, prizes and awards

Gifts and prizes are the property of the debtor, but it cannot be seized. As well as for state awards, prizes and more. But this does not apply to inheritance, that is, if the debtor inherited any property and it became his property, then he can be arrested for debts. It is impossible to realize the means necessary for the existence of a disabled person, for example, strollers and cars.

State awards are a separate topic, they were received for any merit, and third parties have no right to apply for them. Accordingly, bailiffs cannot seize them for the purpose of subsequent implementation.

Professional subjects

The property that is necessary for professional activity... That is, property that generates income. For example, if the defendant works in a taxi, then it is impossible to confiscate his car, or he is a musician, and he needs a musical instrument. The exception is the high cost, in excess of 100 times the minimum wage. But it is, accordingly, possible to withdraw it only if the amount of debt corresponds to the value of the item.

It is impossible to confiscate from the debtor the property used by his children, for example a computer. If a child is a schoolboy, then this subject is necessary for him in his studies and cannot be subject to withdrawal.

Agricultural property

For a resident countryside the main source of food is your own farm. Bailiffs cannot sell livestock, the products it gives, and feed for its maintenance. This is if we are not talking about entrepreneurial activity. In simple words if the debtor keeps the courtyard not for sale, but for his own use, then it cannot be withdrawn. The same goes for the seeds needed for the next sowing season.

In some cases, transport cannot be seized if it is necessary for movement from rural areas to, for example, a place of work. Buildings and structures for keeping livestock are also not subject to arrest.

Inviolable items include fuel, such as wood, which is used to heat the room and is the source of cooking.

Cash

The first thing that is seized is the bank accounts. Credit cards are prohibited, because they are not the property of the defendant, but belong to the bank, respectively, they cannot be arrested. The salary account can be arrested, but not completely, the maximum amount is 50%, and the balance cannot be less than the minimum wage in the region. But the duties of the bailiff do not include finding out where and why the funds are being transferred to the debtor's account. To lift the ban, you need to contact the bailiff service and document that this is a salary.

Child benefits, alimony, subsidies and other payments also cannot be arrested. Similarly, you need to prepare documents and contact the bailiff service. The arrest will be lifted, and the debtor can receive the previously arrested funds.

Cash found in the inventory of property can be withdrawn, but only partially, the remaining amount should not be less than the subsistence level. And accordingly, it cannot be more amount debt.

Other property

There is also other property that is not subject to seizure. These are religious items. These include books, icons and other attributes, as well as objects that do not belong to the debtor, but to other family members who live with him on the same living space. But this fact will need to be proven in court.

The controversial issue is the property of the spouses. On the one hand, all property is jointly acquired, including debts. For example, if the defendant took a loan in marriage, but could not pay it off, his wife was not a surety or co-borrower, then the collection will be at the expense of joint property. The only exception is the circumstance if one of the spouses did not know about the loan of funds and did not use them, which will be difficult to prove.

There are many nuances about what property is not subject to seizure by bailiffs. Even if the law does not provide for a ban on the sale of property, but the debtor really needs it, then it is wiser for him to file a claim in court and present evidence. Then he may be able to defend him.

Illegal actions of the bailiff-executor

It is not uncommon for the bailiff to try to collect the debt from the defendant at any cost, and at the same time he is not very interested in whose property was arrested, even if it was acquired by third parties. Many legally illiterate debtors are ready to give up even those items that no one has the right to take. But this is far from correct.

First, the bailiff comes to the defendant's house and seizes his property, that is, the owner loses the right to dispose of his property, he cannot sell, donate, or destroy it. If the defendant does not agree with the actions of the bailiff, then he has the right to file a claim with the court. This also applies to cases where the owner does not agree with the appraisal of the item's value. Then an examination is appointed, and according to its conclusion, the final price is determined.

In general, in case of any disagreement, you should not be afraid to go to court. The state duty is not charged for the claim, the procedure will not take much time, but it will give an opportunity to legal basis defend your rights.

Conclusion

Every citizen, especially a debtor, should know exactly what property is not subject to arrest by bailiffs. In addition, you can resolve the issue without arrest, for example, go to court with a request for a delay or installment payment. Or challenge the actions of the bailiffs. These measures will not help get rid of debt, but will help buy time, collect the required amount and pay off the debt. Only the property that has been described cannot be sold. It should also be borne in mind that if the amount is less than 3,000 rubles, then the arrest on the property of the debtor or his cash no one can impose.

Share with friends:
Similar publications
© 2021 com-roseltorg.ru Popular articles about banking services