Which banks do not cooperate with bailiffs. Arrest of a savings book by bailiffs Bailiffs cannot arrest a list of banks

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Good afternoon.

The fact is that I got into a monstrous debt hole. My mother issued a loan in the amount of 1,000,000 rubles at Uralsib Bank. My wife and I went as guarantors. Mom gave the money to her stepfather (for business). The loan was taken in August 2007. They paid only 2 months, and then there were delays. We tried to pay, although in small amounts and over these 5 years we paid only 315,000 rubles. In 2012 My stepfather died of cancer. Now (March 2013) the bank has filed a lawsuit and demands 9,000,000 rubles!!! The bank with interim measures and arrested my mother's apartment!!! Answer please:

1) Will my mother lose her housing (after all, it is already arrested), how to remove the arrest from him?

2) How to behave in court, because we took 1 million, but they demand as much as 9 million!!!

3) My wife and I have been saving up for an apartment for 4 years, how can we make sure not to lose all the money we have accumulated with difficulty (so that bailiffs do not find these bank accounts)?

4) how can you continue to save further, receiving interest from savings (I would like to invest in shares and continue to make deposits in the bank, but they can also be arrested, what to do? There is no way to make investments in someone else's name ... But just keep money at home because of inflation does not make sense.

Thank you for your advice.

Lawyers Answers

Zubkov Sergey Vasilievich(03/11/2013 at 07:33:38)

Dear Maskaev Dmitry Sergeevich! I am very sorry that you have fallen into such a truly "monstrous debt hole". Being a loan guarantor is very dangerous. It's not "just signing the papers," as those who ask for guarantees sometimes say. But it's too late to talk about it, besides, you have family affairs. The bank, having filed a lawsuit against you, as guarantors, and your mother, as a borrower, for the recovery of the main loan and overdue interest, filed a lawsuit to seize the apartment in order to secure the future, which, as the bank is sure, will be in its favor. The bank is entitled to all this. The arrest can only be lifted when the bank's claim is denied. But you yourself recognize the debt, though not in the amount as stated by the bank. The probability of losing the apartment is very high. The amount is really big. I have seen cases, the court concluded that the final amount required by the bank is disproportionately large relative to the initial amount of the loan taken. But you probably won't be able to build a line of defense on this issue. You need a competent representative to "behave in court." You need to file a petition in court regarding the requirements of the bank to apply to the exclusion from the calculation of your debt time beyond the past three years (no later than March 2010). As for questions 3 and 4, you will not be able to "hide" money if it is in official circulation. The bailiffs will find them, as they make inquiries to all banking and other financial institutions. Do not invest in someone else's name. In the future, this is a new, probably big problem. That is my opinion. Listen to the opinions of other lawyers and make a conclusion that is beneficial for you. With respect and a favorable outcome of the case. Sergei.

Remneva Daria Valerievna(03/11/2013 at 15:25:02)

Hello!

First of all, I advise you to contact a professional lawyer, show him all the documents related to the loan, for the entire time that you paid it (loan agreement, guarantee agreement, all payments).

Please note the following during your consultation:

You indicated that you took out a loan in August 2007. The limitation period is 3 years. It is necessary to analyze the documents and see if there were circumstances that could be qualified as a break in the statute of limitations. If there were no such circumstances, the bank will be able to collect the debt only from 2010.

If the bank has not applied specifically to you as a guarantor within a year from the moment of the first delay, there may be grounds for considering the surety agreement terminated.

There are reasons to ask for a reduction in interest on the loan, applying by analogy Article 333 of the Civil Code of the Russian Federation. This article allows you to reduce interest if there is a clear disproportion of penalties to the amount of the unfulfilled obligation (if you have only 1 million out of 9 million - the amount of the claim, there are grounds for reducing interest under Article 333).

If your mother has the only housing that was arrested (she does not own any other real estate), then the bank is not entitled to foreclose on it. If the housing is not the only one, I would advise you to sell her other apartments.

How to "hide" the money - my colleague gave good advice, there is a high probability that the bailiffs will still find the money. If they haven't done so by now, it might make sense to quickly "close" the account and withdraw all the funds there.

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Last updated February 2019

All actions of the bailiff in relation to the debtor must be strictly within the law. There is an impressive list of what cannot be seized and what cannot be seized. The state protects the place of residence of citizens, so it is impossible to deprive a person of the only housing. However, the debt will have to be paid.

When the bailiff starts looking for a debtor

Performance list- it is necessary to understand that the bailiff begins to search for the debtor and all his property only after receiving the writ of execution and the commencement of enforcement proceedings. This whole procedure can start only following the results of the trial and the court decision, which has entered into force.

A copy of the resolution on the beginning of execution. production- Also, the debtor must receive by mail from the bailiff a copy of the decision to start enforcement proceedings. From this moment, you can start worrying about the fate of the property.

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

Written notice of the visit- the bailiff must also inform in writing about his coming home to the debtor.

• The bailiff can come at the appointed time and even break the door if they do not open it.
• By the way, the time for the visit is limited and can only be from 6 am to 10 pm.
• Night visits of debtors are prohibited.

How to delay the bailiff's visit

Application for a deferment

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

What will give such a move to the debtor? Usually the court indicates in its decision on the recovery of the entire amount. The decision comes into force and then the bailiff begins his work to recover this amount, arrests housing, accounts, describes the property.

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

Substantial documents must be attached to the application as evidence:

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

Appeal to appeal

If they did not find serious reasons for postponing the execution of the decision, then a simple appeal to the appeal will also help to delay the proceedings for one and a half to two months. Naturally, in such cases, the first court decision will not be canceled, but the bailiff will be able to start proceedings only after the appeal decision enters into force.

Debt recovery procedure

The bailiff himself is not engaged in the sale of property, but special organizations. If the amount received is not enough, then up to 50% of all the debtor's earnings, including wages, pensions, etc., are subject to withdrawal.

What documents must be presented by the bailiff

When a bailiff knocks on the door to the debtor, it is important to know a few points:

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

What property bailiffs can not take

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

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

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

Can bailiffs take away the husband's property on account of the wife's debts?

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

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

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

Only spouses can be liable for debts. Relatives do not have the right to disturb. However, the picture changes dramatically if the debtor is registered in the housing of his relatives. There may be several situations:

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

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

Mere words are not evidence. It is necessary to draw up a written act stating that the debtor does not live at the specified address. It must be signed not only by the landlord, but also by 2-3 neighbors, a district police officer and a representative from the HOA. It is desirable that the latter also put their own seals.

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

What schemes exist to protect your property

Indeed, there are legal schemes that allow you to save the property of the debtor if the bailiff came to his house.

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

In any case, really valuable things should be taken out of the house in order to avoid accidents. The bailiff can still describe all the property, so there is an option to go to court with an application 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 income of the debtor is inviolable for the bailiff

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

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

However, there is one caveat. The bailiff does not have the right to take alimony for a minor, but if they come by bank transfer, the bailiff does not see the purpose of the payment and freezes the account. There are two ways to resolve the issue - to seek justice in court or to agree with the parent of a minor on receiving money in cash.

How to remove arrest and blocking from a salary card

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

• Contact FSSP.
• Write an application for the removal of the arrest from your card. Indicate in the text that due to the blocking of the card, it is not possible to withdraw money and pay off the debt for enforcement proceedings.
• Be sure to indicate the card number, debtor data, data on enforcement proceedings.
• The application must be made in two copies. Personally take it to the office of the FSPP and get a stamp of receipt on your copy.
• It is better to go to the bailiff who is handling the debtor's case and report the application.
• It is better to personally take the received decision to remove the arrest to the bank so that it is not lost in the mail.
• In a matter of days, the arrest will be lifted.

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

If you have questions about the topic of the article, please feel free to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article, if a similar question has a detailed answer, then your question will not be published.

But when you are sure that neither you nor your close relatives have any debts, then you just need to understand the situation, namely, to check your own and the debts of your close relatives (parents, children, brothers and sisters) on the website bailiffs, as well as go to the bank and ask for a bank account statement to make sure what exactly the money was debited for, unless, of course, your own searches for debts on the bailiffs website did not bring success. Also, it would not be superfluous to contact the bailiffs themselves for information, namely directly to the contractor, unless, of course, the necessary information has not yet been obtained either independently or at the bank. As they say, whoever seeks will always find, which means that you will receive information on your debts sooner or later anyway.

Bailiffs withdrew money from a bank card

Features of withdrawing money from a Sberbank card for debts Withdrawing money from a Sberbank card can occur in the following cases:

1. Debt on bank loans (without collateral and on the pledge of property).
2. Failure to pay the imposed fine (for example, for drinking alcohol in a public place).
3. Debts to utilities for housing and communal services.
4. Accumulation of debts on alimony payments.
5. Customs duties (for example, for the registration of an imported car).

But do not panic if the fine is 100 or 500 rubles.
In this case, the withdrawal of money from the card is unlikely to threaten. When bailiffs seize part of the debtor's salary, it should be remembered that the maximum amount is 50% of the monthly amount.

Withholding more than half of the salary bailiffs do not have the right.

Can bailiffs withdraw money from a salary card without warning

If you don’t have a receipt for payment, then, in principle, an account statement can help, unless of course you paid with a card.
In general, in order to prove that you have no debt, first you need evidence that you have paid a fine or debt, for this we will do:

1. Checks for payment;
2. Account statements if you paid by card;
3. Certificates of absence of debt;
4. Other payment documents

If you have not retained any payment documents, then it remains to contact the traffic police (or another authority to which you had a debt specified in the decision on enforcement proceedings) and receive a certificate from this authority that confirms the absence of debt.

This certificate will be useful to you in order to confirm the payment of the fine.

Do bailiffs have the right to withdraw all money from a salary card

But the procedure for conducting enforcement proceedings must be observed:

• sending to the debtor a notice of initiation of enforcement proceedings indicating the period for voluntary fulfillment of obligations;
• after the expiration of the period for the voluntary repayment of the debt, the bailiff issues a decision on the application of measures of coercive influence, including the forced collection of property.

First of all, bailiffs seize free funds, that is, cash and non-cash funds of the debtor.

Money can be held in debit accounts or electronic wallets.

The law even allows for the possibility of debiting credit funds from cards. First of all, the bailiffs send requests to all major banks of the Russian Federation in order to search for the debtor's accounts.

Important

After receiving a response, they prepare a resolution on foreclosure.

What can bailiffs take for credit debts

Therefore, if you still work for your uncle and honestly pay taxes and at the same time complain that the bailiffs got you, then you absolutely need to develop in terms of receiving unofficial income, and this is better for you and for your wallet if you start doing it right now! Invest! Understand! Study the information! And remember that no one will help you with money if you do not help yourself with it! How to save and save your money from withdrawals? Where to keep money so that no one can withdraw it except you? So that no one can withdraw your money at any time without your knowledge, you need to get used to using offshore cards and services, which, by the way, have existed for more than a year, but for some reason you have not yet become their active clients, instead, using ordinary bank cards issued by the banks themselves in the country.

Bailiffs withdrew money from the card without warning

Attention

In general, after the initiation of enforcement proceedings against you, the bailiff at your place of registration or at the last known place of residence must send you a copy of the decision to initiate enforcement proceedings against you.

It is in such a decision that it will be indicated on the basis of which executive document the enforcement proceedings were initiated and who is the recoverer.

Require the bailiff involved in your enforcement proceedings to issue you this decision.
After that, you will know what the claimant is and for what reason (what debt or fine).
If you see that the fine is old and you paid it, then in theory you should have kept a receipt for payment or another payment document.

What can bailiffs take for credit debts? They won't take anything, at least not on their first visit. They only describe the property that the debtor will have to keep. Almost everything is included in the inventory list, except for a certain category of things, which include: food products that do not exceed the minimum wage in value, children's things, third-party things located in the debtor's apartment, a refrigerator and stove, if they are in a single copy, etc. d. If the client does not pay the money within 10 days after the inventory, the bailiff may initiate the procedure for the recovery and subsequent sale of the described property.

What law regulates the activities of bailiffs in Russia?

The activities, norms of behavior, powers and other duties of bailiffs are described in the Federal Law No. 118 of July 27, 1997 “On bailiffs”.

There is also Federal Law No. 229 of October 2, 2007 "On Enforcement Proceedings". The law regulates the powers, rights and obligations of representatives of this executive body, which does not interfere with the debtors themselves. In this case, they will be able to learn about all the nuances of the recovery procedure, about the legal and illegal actions of the bailiff, and they will be able to protect themselves in case of unpleasant or controversial situations.

Debt collection process through bailiffs

It all starts with the fact that the creditor, who won in court, brings a writ of execution to the bailiff's office of the district in which the debtor is registered.

After making sure that the writ of execution does not contain errors and complies with the norms of the law, the bailiff accepts it for execution and begins proceedings. In the name of the borrower, a new enforcement proceeding is opened in the FSSP database.

After that, the bailiff sends the borrower a letter (regular, not registered) by Russian Post with a decision to open enforcement proceedings in his name. Such a letter sets out the reason for opening an individual entrepreneur (a judicial act on the collection of overdue debts), explains the rights and obligations of the debtor, etc. The bailiff also gives the client a 5-day period after receiving the letter, during which he must appear at the FSSP branch in his city.

If the borrower ignores the letter and does not arrive within 5 days, the bailiff issues an order to seize the borrower's accounts in the country's largest banks: Sberbank, Rosselkhozbank, VTB-24 and others. Requests are not sent to all banks. For example, bailiffs do not send an order to freeze accounts to Home Credit or Tinkoff.

Accounts will be arrested for the amount of the debt on the writ of execution + 7% of the amount - to the bailiffs. The fact is that if the debtor does not voluntarily repay the entire amount of the debt within the prescribed period without good reason, the bailiff has the right to issue an order to impose an additional fee in the amount of 7% of the amount of the debt. This is regulated by Article 81 of the Federal Law “On Enforcement Proceedings”.

If the client ignores the arrest of bank accounts, does not come to the bailiff department, does not agree on an installment payment, etc., then the bailiff may initiate a departure at the place of residence of the borrower. As a rule, it is the representative of the bank who insists on such trips, because the bailiff himself has enough other cases related to the recovery of alimony.

The bailiff arrives accompanied by a representative of the bank and 1-2 employees. On the spot, a representative of the executive branch inspects the property located in the apartment and makes an inventory of valuable things that belong to the borrower and are not on the list of prohibited items for seizure.

An inventory of property is simply a listing of things on paper that can later be foreclosed for subsequent sale and the direction of money to pay off a debt.

The inventory means that things remain in the borrower's apartment for storage. He can continue to use them, but at the same time he cannot sell, give away, donate, spoil, etc.

On his first visit, the bailiff simply describes the property, and does not take it away. He also conducts an explanatory conversation with the borrower, finds out why he does not make contact, etc.

The inventory of property takes place in the presence of witnesses. There must be at least 2 people. It can be neighbors of the debtor, any third parties. If, after an inventory of the property, the debtor begins to slowly pay the debt, the bailiff will no longer come to visit.

If the borrower continues to renounce the debt, then within 3-6 months you can wait for the re-arrival of the bailiff, but in order to take all the previously described property and put it up for auction.

How to avoid the arrival of bailiffs at the address of registration?

Agree that it is not very convenient when bailiffs come to your house, go to the neighbors and describe the property. There is a scenario in which the client can avoid the arrival of bailiffs. To do this, you need to come to the FSSP branch in your city immediately after receiving a letter with a decision to initiate enforcement proceedings.

The borrower needs to make contact with the bailiff, show that you are interested in repaying the debt and are not hiding, it’s just that your financial situation does not allow you to return the entire amount at a time. Bailiffs are people too and understand everything perfectly.

At the branch, the debtor needs to write a statement addressed to the head of the FSSP stating that he cannot pay the entire amount of the debt at a time for a good reason. For example, lack of work, official income, being dependent on young children, receiving the status of a low-income family, etc. The application must indicate the feasible amount that the debtor will monthly and guaranteed to pay off the debt.

If the debtor fulfills the promises indicated in the application, the bailiff will not arrest the accounts and will not come to the registration address for an inventory of the property.

This option is suitable if there are good reasons. If the borrower has a normal job with a good salary, then the only thing that can be negotiated with the bailiff is the collection of 25-50% of the monthly salary to pay off the debt.

When can bailiffs arrive?

Federal Law No. 229 “On Enforcement Proceedings” strictly regulates the time frame for visiting debtors by bailiffs at the address of their permanent registration. According to Article 35 of the mentioned federal law, bailiffs can come to the address of residence/registration of the debtor only on working days. That network, from Monday to Friday. Weekends and public holidays are not included in this list.

Visiting time is also regulated. The bailiff can come from 06:00 to 22:00 local time. Visiting at other times is illegal. If the debtor knows in advance about the day of the arrival of the bailiff, he can offer him a convenient visit time.

What can bailiffs describe in the debtor's apartment?

Descriptions are subject to:

1. Luxury items (antiques, paintings by famous artists, things of cultural and artistic value, etc.)
2. Jewelry and jewelry made of precious metals
3. Household appliances that a person can do without (microwave oven, toaster, food processor, mixer, multicooker, juicer, etc.) Appliances available in 2nd quantity. For example, if the borrower has 1 stove, the bailiffs will not be able to pick it up, because it is on the list of things that are not subject to arrest. If there are 2 stoves or 2 refrigerators in the debtor's apartment, the bailiff can take the second similar thing. The contractor will choose a more expensive option, leaving the debtor with a cheaper and older item.
4. Purebred domestic animals (dogs, cats, etc.) if there are conditions for their maintenance.
5. Money is subject to arrest in excess of the minimum subsistence level for the debtor and 3 persons who are dependent on him. That is, the bailiffs must leave the amount of the minimum subsistence minimum for the debtor and his children (if any), and they can take the rest of the amount.

Bailiffs can seize a car, summer cottage, any buildings on it, a garage, greenhouses, etc.

What can't bailiffs describe?

All the same Federal Law No. 229 “On Enforcement Proceedings” regulates the debtor’s property, which may and may not be levied. Based on the terms of Art. 79 of this law, the bailiff can describe any property of the debtor (namely the debtor), with the exception of:

• Residential premises or part (share) thereof, if for the debtor it is the only habitable premises. This means that the bailiff will not be able to arrest your only apartment. If you have 2 apartments, or an apartment and another share in another apartment, or a house and an apartment, then the bailiff has the right to seize one of the premises. This clause is valid on the condition that the collection is not made on a mortgage loan. If the apartment is mortgaged and is the only housing, then it can be levied on the debt in the same bank.
• Property that the debtor needs to perform the work. For example, if the borrower works as a web designer, writes articles, etc., the bailiff cannot take his work computer. An exception here is property worth more than 100 minimum wages (minimum wage). The minimum wage in Russia in the second half of the year is 7,800 rubles.
• Personal belongings of the debtor (clothes, shoes, except for collectible, branded expensive items)
• Personal care products
• Any state and sports awards, prizes, awards, badges of honor, etc.
• Items of religious culture (icons, church books, etc.)
• Children's things (scooter, bicycle, stroller, crib, etc.) items used by the child. For example, if a child goes to school and uses a computer or laptop to do homework, then bailiffs cannot seize these things.
• Household appliances necessary to meet the basic needs of a person (refrigerator, stove, etc.) If there are small children in the house, then, upon application, the debtor can remove the arrest from the washing machine, citing the fact that washing children's things by hand is quite difficult, etc. d.
• Livestock and poultry (deer, rabbits, goats, cows, chickens, etc.) used not for business, but for the needs of the family. The list also includes feed, buildings and other things necessary for the maintenance of livestock.
• Seeds needed for the next sowing
• Food and money, which in total will amount to at least the established subsistence level for the debtor himself and the persons who are dependent on him. That is, the bailiff can take food and money only in excess of the subsistence level for the debtor and other dependents. Well, for example, the subsistence minimum in the region is 10,000 rubles. The debtor is dependent on a minor child, for whom the subsistence minimum is 11,000 rubles. Total for two is 21,000 rubles. If the debtor has food and money in the apartment for a total of 35,000 rubles, then the bailiffs can take only 14,000 of them, and 21,000 rubles must be left.
• Fuel (wood, gasoline, etc.) that the debtor needs for cooking and heating his dwelling.
• Means of transport or other things necessary for the debtor in connection with his established disability. For example, the bailiff cannot take away a wheelchair or crutches, a car in which a disabled person gets to the clinic or work every day, etc.

For all other things, the bailiff can seize and subsequently foreclose, if the borrower does not prove that these things belong to another person, for example, other members of his family. You can prove this with the help of checks, warranty cards, documents on a commodity loan for another person, etc.

Usually, the things described remain with the debtor, but in some cases they can be seized and sent for storage to the organization with which the corresponding agreement has been concluded. This happens if there is reason to believe that the described property can be damaged, alienated, wasted, hidden, etc.

Only the bailiff can determine the order of storage at his own discretion. If he leaves things in the debtor's apartment, he must warn him of possible criminal liability under Art. 312 of the Criminal Code of the Russian Federation for improper storage.

How is the debtor's property valued?

The property of the debtor, which the bailiff describes on the spot (in the apartment), is subject to an approximate assessment directly by the bailiff, if the approximate estimated value of each item does not exceed 30 thousand rubles. That is, the bailiff is authorized to independently name the estimated value of each item described: a washing machine, TV, computer, etc.

When it comes to more expensive things (an apartment, securities, a set of upholstered furniture made of genuine leather, art, fur products, expensive designer jewelry, etc.), then within 1 month from the date of the inventory of the property, the bailiff must attract for an official appraisal by a certified appraiser.

The bailiff may allow the debtor to independently sell the seized property if its estimated market value does not exceed 30 thousand rubles and there is no dispute about its value. Having sold the arrested item, the debtor must deposit funds into the account of the bailiffs within 10 days to pay the debt.

If the client does not agree with the valuation of his property by the bailiff, he has the right to write an application addressed to the head of the FSSP, or go to court to appeal the decision of the bailiff on the valuation of property within 10 days after the issuance of such a decision.

Upon the expiration of the specified period, the bailiff begins to prepare documents in order to transfer the property for sale.

Let me remind you that all this happens if the debtor and the bailiff failed to reach a compromise on the planned voluntary repayment of the debt in reasonable income installments.

How is the described property taken?

If within 10 days after the inventory of the property the debtor does not receive payment or an application to appeal the decision, the bailiff begins to prepare documents on the seizure of the arrested property and their transfer for sale. When all the documents are ready, the bailiff transfers them to a special department that checks the submitted papers. If they comply with all standards, a package of documents is sent to the Federal Property Management Agency, and the arrested items are confiscated from the borrower and sent to the contractor for storage.

Is it possible to return the property if there is money?

Of course, you can, if the property has not yet been sold. That is, if it has not yet been sold. Until then, the borrower can pay his debt and take all things. To do this, you need to pay all the debt, bring a check for payment to your bailiff. After making sure that the money has arrived, the bailiff will cancel the decision to collect the debt and seize the property. Thus, the client will be able to return his property back.

If a buyer was found for the seized property put up for auction and paid the indicated cost, it will no longer be possible to return your property. Is that to negotiate with a new buyer and draw up a contract of sale.

How to secure property from seizure?

If you live in an apartment with relatives who bought some furniture or appliances or other property with their own money, ask them to prepare checks, warranty cards, or documents for a trade loan and other papers proving that the items were not purchased by you.

In this case, the bailiff will not be able to describe the property belonging to other persons who are not debtors in enforcement proceedings

Then the matter remains for the small - to secure your property from arrest. Immediately weed out things that the bailiffs cannot seize by law: for example, items that the client needs for work (computer, telephone, printer, etc.), as well as a stove and refrigerator, children's things.

There are several ways to save the rest of the property subject to inventory from arrest. The first is to bring all the valuables to the dacha or transfer them to acquaintances, friends, etc. This option is suitable if you know exactly the date of arrival of the bailiff. Otherwise, it would be foolish to transport permanent items (washing machine, TV, refrigerator, etc.) for an indefinite period to the country.

The second option to “hide” the property is to draw up a contract for gratuitous use. To use this method, the debtor needs to enlist the support of third parties. These can be friends, relatives, neighbors, etc.

The bottom line is simple: the debtor and the 3rd person retroactively (preferably before the decision to start enforcement proceedings) conclude an agreement for the gratuitous use of property, according to which the 3rd person transfers certain things to the debtor for use. In such an agreement, the names of things, their detailed description, or an attached photograph should be spelled out. It is completed by hand and does not require notarization. Everything. Thanks to such a piece of paper, the debtor will save his property by exposing it as the property of a third party.

When the bailiffs come, he needs to show the agreement for the storage of these things, concluded with one or more people, for each thing or for all at the same time. It all depends on your imagination. Similarly, you can draw up a storage agreement.

Many are concerned about the question of whether the bailiff will check the 3rd person with whom the storage or gratuitous use agreement has been concluded. Many are worried that the bailiff will ask these people for checks confirming that the thing was bought by them and belongs to them. There is nothing to worry about, the bailiff has no right to address such questions to any persons who are not lying in debtors under IP.

Another way to “hide” your property from bailiffs is to conclude a donation agreement. This option is most often used in the case of real estate, cars or other valuables. The borrower draws up a donation agreement through a notary, but continues to use his things. After the conclusion of the contract, the item becomes the full property of the person to whom you give it, but you can continue to use it. This option is suitable if there is a person in your circle of acquaintances whom you trust enough to rewrite an apartment, car, etc. in his name.

(Legal grounds for foreclosure on the apartment and other property of the debtor)

Taking a loan, we risk a lot. If for some reason it is not possible to return the money, and the creditor goes to court and wins the process, then the bailiffs can impose a penalty on the accounts of the defaulter, on his salary and property, including an apartment, house, cottage, car. But before we continue, let's define some terminology. For the purposes of this publication, we will use the terms "credit" and "creditor", meaning debt obligations in a broad sense, and not just legal relations arising from agreements with banks and other financial institutions.

There is a well-known saying "my house is my fortress", reflecting the opinion that, they say, not a single bailiff or policeman will enter the house without the permission of the owners, which means that the bailiffs can simply be ignored, and that's it. There is also an incompletely substantiated assertion that the only property cannot be collected for debts. In reality, of course, this is not always the case. You can lose a lot and there are much more opportunities for bailiffs than it may seem to people ignorant of the law. It should be remembered that according to Article 64 of the Federal Law "On Enforcement Proceedings" No. 229-FZ of 02.10.2007. the bailiff may enter the debtor's apartment without the consent of the tenant. To do this, the executor only needs to obtain the written permission of the senior bailiff, and in the event of the debtor's eviction, permission is not required at all. However, you should not be too afraid of possible liability either - by doing this you can only harm yourself by following the lead of unscrupulous lenders. You just need to know your rights and opportunities of creditors and bailiffs well in order to save your nerves and protect property. You can read about it in this article.

What are the consequences in case of loan default?

To begin with, it should be clarified that not a single creditor can take anything from you without a court decision. The creditor (lender) can only present you with written or oral claims and demand repayment of the debt within the time limits specified by him, or, if all the possibilities of pre-trial settlement of the dispute have been exhausted, go to court. And that's it. No threats or blackmail from collectors, banks and other persons can be tolerated, and with the slightest intimidation, you can and even need to file a statement with the police describing all their illegal actions (threats, calls at inappropriate hours, attempts to take your property or even penetrate into your housing).

In any case, if it is not possible to reach an agreement with the creditor in a pre-trial procedure, specialists in the field of litigation in credit and debt cases should follow. Please note that if you lose the lawsuit, then according to Article 61 of the Civil Procedure Code of the Russian Federation, as a result (for example, if you remember something or find something in the contract that you previously ignored), you will not be able to claim a review of the case in a court.

What to prepare for if the creditor goes to court

1. Immediately upon filing a claim, the creditor may send a motion to the judge to secure the claim. And if the petition is granted, the bailiffs will be able to fully describe and, if necessary, seize your property before a court decision is made on the merits of the claims.

2. After the lender wins the court case, the bailiff will be able to evaluate your property, for which he can invite an independent expert, after that it remains only to foreclose on your property and sell it. Moreover, the assessment and sale of property is carried out at the expense of the debtor.

If the bailiff does not know where your property is, he will be able to search by all methods available to him, and he has, in fact, a lot of ways. For example, it is enough for the contractor to simply apply to Rosreestr and other registering authorities and he will immediately be provided with full information about what property is registered in the name of the debtor. If the debtor can still try to hide the car (and many do it successfully), then it will not work to hide the apartment. Unless you have time to donate (sell) it to your relative or other person before the creditor goes to court, and then only if the apartment was not pledged.

Nevertheless, you need to understand the following: even if the creditor initiates enforcement proceedings, no one will immediately take away your apartment from you. First, the bailiff will offer you to pay off the debt voluntarily. Moreover, it is not necessary to pay all at once - you can agree to return the money in installments.

If you refuse to repay the debt voluntarily, then further collection will be made in a certain order:

First, the bailiff will check the funds on your accounts, deposits, and deposited in banks and collect them. Moreover, first in rubles, and in their absence or insufficiency - in foreign currency.

If you are officially working and you have a salary, then the bailiff can collect it. This is possible if the executive document indicates the requirement for you to pay regular payments and (or) if an amount of no more than ten thousand rubles is collected. In this case, no more than fifty percent of the salary and other income can be withheld. If you do not have or do not have enough money to fully repay the debt, then in this case the bailiff can foreclose on your property or property rights. At the same time, you yourself can indicate which property is better to recover, for example, in order not to lose an apartment, you can give a car to pay off a debt.

Only the apartment that you own, that is, privatized, can be recovered. If your apartment belongs not only to you, but also to other persons (on the basis of common ownership), then your share may be recovered. This is a danger for those who live in the same apartment with the debtor: for example, his parents, wife (husband), children. If the bailiff forecloses on the debtor's share in privatized housing, then this share may go to the creditor. That is, an outsider will begin to own part of the apartment.

In what cases can you lose an apartment for debts

Many of us know that it is impossible to deprive the only housing, even for debts. And this, indeed, is partly true. In accordance with Article 446 of the Code of Civil Procedure, housing or part of it cannot be recovered if for the debtor and his family members living with the debtor in his apartment (house), this room is the only one suitable for permanent residence. Moreover, the only place of residence is understood as either the only property owned, or an apartment in which the debtor is registered (registered). That is, even if a person currently lives in a rented apartment, or in the apartment of his husband (wife), or in any other place, but does not live in his personal housing, this still cannot be the basis for applying for his only apartment (house) foreclosure or eviction from it. However, there is an exception in the same article. Housing can be withdrawn if it is acquired under a mortgage agreement and is under collateral.

In addition, a person can be evicted if he lives in a non-privatized apartment (under a social tenancy agreement) and has a debt for more than six months to pay for housing and utilities. In this case, tenants can be evicted for debts, but not to the street, but to other housing, the size of which matches the size of the premises established for moving in citizens (Article 90 of the Housing Code of the Russian Federation).

What problems may arise for relatives living together with the debtor

Considering the possibility of legislation to evict the debtor or deprive him of his share in the apartment, it turns out that it is best to privatize your only housing in advance in order to protect yourself from possible eviction. This is especially true for family members of the debtor, who may lose an apartment for the debts of their relative. Therefore, privatization can be a good way to secure yourself and your share in real estate. As for the property in the apartment in which the debtor relative lives together, then a problem may also arise here, since if the bailiffs come to the house, they may not even figure out where whose property is, but they will seize all things of value . In this case, you can proceed as follows:

• write a statement to the creditor (bailiff) that the debtor (your relative) does not currently live in the apartment and does not have his personal belongings;
• find checks and documents for all valuable property in the apartment in order to be able to confirm your ownership of it;
• take out the property of the debtor, if such property exists, into a separate premise (room);
• let the bailiffs into the apartment only if the executor has the written permission of the senior bailiff to enter the debtor's living quarters.

What to do in order not to lose an apartment for debts

First, of course, contact a lawyer who will study the documents and give competent advice, based on the individual characteristics of your case.

Secondly, you must show to the last that you are, in fact, ready to pay your debts, you are simply in cramped circumstances and cannot (for objective reasons) pay all the money at once. If you are ready to pay the funds in stages, the court (or the bailiff) will meet you halfway and give you the opportunity to pay the debt in installments and no property will be taken away.

Thirdly, if the debt is clearly disproportionate to the cost of the apartment, then it will not be taken away from you either. That is, if the debt is twenty to thirty percent of the cost of housing, then no one will foreclose on your apartment and you don’t have to worry about this. But if the debt is seventy percent of the cost of housing, in this case you should tighten up and bring the debt to at least fifty percent, and then you most likely will not lose the apartment.

In general, it should be noted that it is very difficult to evict from an apartment, or even more so to impose a penalty on it, and there are not many such cases in Russia. In order to be convinced of this, it is enough to go to the website of the Federal Bailiff Service and look at the lists of seized property being sold for debts in certain regions (subjects of the Russian Federation). And it turns out that, for example, in the Leningrad region there is no such property at all. And in Karelia, only five apartments were put up for sale, four of which were pledged on a loan and only one was not mortgaged. And in Moscow there are twenty-one such apartments in the whole city, and only two of them were not under bail. In other words, an apartment, in principle, can be withdrawn for debts, but such chances are minimal. And if you turn to an experienced lawyer for help, they are completely insignificant.