Everyone who fails to meet his obligations represented by alimony payments, loans or other payments should be aware of the consequences of such a decision. They consist in the fact that the lender will try in different ways to return their funds. For this, a lawsuit is most often filed. In the process of conducting the meeting, the plaintiff may file a petition for the seizure of the property of the debtor. This process is required in order to preserve values, since there is a possibility that the non-payer will try to hide property in various ways. Additionally, the arrest is used before the confiscation and sale of valuables to repay the debt with the forced collection of funds.
Concept of arrest
The seizure of property of a debtor can be carried out in two different ways:
- a ban on various registration actions, and under such conditions, the owner of the objects can continue to use them, but it will not be possible to dispose of them at his discretion;
- confiscation and sale of valuables, for which special tenders are held, and at the end of this process, the proceeds are sent to creditors.
Arrest may be imposed by different organizations. Most often, the process is carried out by bailiffs who receive a special order from the court. The procedure involves the inclusion of the main property of the debtor in a special act based on the results of the inventory. After this, the encumbrance is registered in the Federal Registration Service. This leads to the fact that a citizen can no longer dispose of his valuables, and with the forced collection of funds items are confiscated and sold. Additionally, some items may be transferred for safekeeping.
Legislative regulation
The procedure for seizing property of a debtor must exactly follow the requirements specified in the Federal Law No. 229.
This normative act indicates what values ​​may be seized, by whom this procedure is carried out, what documents are drawn up for this, and what actions must be performed by the non-payer to remove the burden.
When is the decision made?
Arrest can be used by bailiffs solely on the basis of a special order formed by the court. For this, the creditor draws up an application for the seizure of the property of the debtor. During the formation of this document, information must be entered:
- name of the court where the application is sent;
- personal data and address of the plaintiff;
- documents related to a specific case are indicated;
- it is prescribed that the debtor can use various illegal schemes that allow him to hide his property;
- information is provided on the need to apply an encumbrance in the form of arrest;
- links to relevant regulations are provided;
- lists the documents attached to the application and confirming the correctness of the applicant.
An application for seizure of property of a debtor may be submitted at any time during the consideration of a specific case. If all the arguments of the plaintiff are correctly stated, the court will take a positive decision and draw up a decision. The document must indicate the price of the claim, which will allow the bailiffs to seize those items that approximately correspond to the size of the debt.
A sample application for seizure of the property of the debtor can be studied below.
Rules for drafting a decision
This document is issued solely by the court. For this, the judge must first carefully study the petition received from the plaintiff. The decision on the seizure of the property of the debtor is then sent to the bailiffs.
It is the performers who are directly involved in the seizure of values, for which they should understand what the approximate cost of an item is.
Grounds
For the seizure of property of the debtor must have good reason. Most often, such a decision is made by the court in the following situations:
- claims include the confiscation of property that may be movable or immovable;
- values ​​owned by the debtor are used by third parties;
- a guarantee is required that the items of the non-payer will be stored until a court decision is made, therefore it is possible that a citizen will use different schemes that allow him to sell or transfer items to third parties;
- the case of compulsory collection of funds is being considered, therefore, the court appoints not only arrest, but also confiscation of property.
The specific reason for applying the arrest is indicated in the statement of the plaintiff.
Arrest Procedure
The seizure by court bailiffs on the property of the debtor is carried out in a certain sequence of actions. Performers must precisely follow important requirements, otherwise their actions may be challenged in court. Therefore, the process is performed in the following steps:
- inventory of property, the main purpose of which is to determine the material condition of the debtor, so if a citizen does not have valuable things, then there is no possibility for an arrest;
- Inventories are exposed only to those items whose value is optimal for covering the debt;
- the first stage begins a week after the start of production;
- to conduct the process, bailiffs come home to the debtor, and the inventory is carried out exclusively in the presence of two witnesses;
- after the inventory, valuation is carried out, for which independent experts can be involved;
- if the debtor considers that the results of the assessment are unreliable, then he may invite an independent independent appraiser on his own;
- further, in the presence of the defaulter and witnesses, an immediate arrest is made, for which all values ​​contained in the inventory are confiscated;
- an arrest can only be represented by a restriction on registration actions, therefore the values ​​remain at the disposal of the debtor;
- usually withdrawn money in bank accounts, jewelry and cars.
Only after the court has decided that it is necessary to forcibly recover funds from the debtor, does the process of selling the property begin. For this, electronic bidding is held. Items are sold to the highest bidder. The debtor can take part in the auction, so he has the opportunity to buy his own property, if he has the necessary funds for this.
Inventory rules
The inventory is the first step in the seizure of property. During the execution of this process, information is entered into the act:
- personal data of citizens present during the inventory;
- the name of the various objects and values ​​included in the document;
- features of the described property are given;
- time limits are imposed;
- mark on the seizure of items;
- indicates the organization or citizen appointed as the person responsible for the storage of property.
After the assessment, additional information is added about the approximate cost of various items. The act of seizing property of a debtor can be studied below.
Nuances of the seizure of company property
Often, seizure of property of the debtor-organization is used. This process differs in some features, therefore the following actions are performed by bailiffs:
- initially, the arrest applies to various movable property that is not used in the business process of the company, and this includes various securities, jewelry and furnishings in the office;
- if the value of the described property is not enough to pay off the debts, then an encumbrance is imposed on property rights not applicable in the production process;
- further, to cover the debt, bailiffs seize real estate used in the process of the company;
- the last confiscated are various items necessary for the operation of the enterprise.
If at all there is not enough of all the property available to the company to pay off the debt, then the only way out of this situation will be to declare the company bankrupt.
Rights and obligations of bailiffs
The seizure of property of the debtor is carried out by the designated bailiffs, who are the executors of a specific office work. During the execution of this process, they are vested with certain rights and obligations. The specialist must perform the following actions:
- take into account the requirements of the law when seizing or communicating with debtors;
- not allowed to exceed authority;
- it is not allowed to violate in any way the rights of debtors;
- the decision is enforced, for which it is often necessary to call police officers in order to gain access to the debtor's housing;
- bailiffs take various measures aimed at the execution of court orders;
- conditions are provided for the storage and sale of seized property;
- if necessary, a search is conducted for defaulters and their property;
- bailiffs are required to observe professional ethics;
- solve controversial issues if it is impossible to prove to which of the family members one or another value belongs.
If the rights of debtors are violated, then citizens can appeal to the court with a complaint. Often this leads to a change of contractor or even to bring the bailiff to justice.
The nuances of real estate arrest
Most often, seizure of property of the debtor occurs under alimony, loans or taxes. Creditors are former spouses, government organizations, or banks. In any case, the arrest is initiated based on the request of the creditor. After that, the court makes a decision transmitted by the bailiffs.
Performers independently choose what values ​​are seized, for which the size of claims is taken into account. The seizure by the bailiff on the property of the debtor should be subject to many requirements of the law. If the amount of the claim is truly material, then usually the encumbrance is imposed on the property. The features of this process include:
- the restriction is certainly registered in the Federal Registration Service, for which the bailiff sends a corresponding request to this institution;
- if there is an encumbrance, the owner of the property will not be able to sell, donate or perform other actions with real estate, leading to a change of ownership;
- confiscation and sale of real estate is carried out exclusively after a court decision is made, on the basis of which funds are forcibly recovered from the debtor.
It is impossible to sell the debtor’s only housing, therefore, the bailiffs take into account which objects can be confiscated and sold.
The arrest of money
The arrest is imposed on funds located in a bank account opened for the debtor. If there are child benefits on the account, the debtor may submit an application to the bailiffs for removing the burden.
The remaining funds represented by salary, pension or other transfers are subject to arrest. An amount in the amount of a living wage is left to the debtor per month.
How is it removed?
The time period for seizing property of a debtor may vary significantly in different situations. Citizens can independently remove the burden. To do this, use the methods:
- the debt is fully repaid, after which supporting documentation is handed over to the bailiffs;
- appeals the debtor the encumbrance and the lawsuit in court;
- an amicable agreement is drawn up between the two participants in the judicial process, on the basis of which the debtor gradually repays the debt, therefore the restriction is removed from his property and bank accounts.
The arrest limits the owner’s ability in relation to his property. Therefore, such methods of exposure are considered effective.
What items are not allowed to be confiscated?
Bailiffs should remember that not all property can be seized. Therefore, it is not allowed to impose a restriction on the following types of values:
- the only housing of the debtor and members of his family, but the exception is a mortgage apartment if the borrower does not repay the mortgage;
- personal items used in everyday life, for example, dishes, clothes, chairs, beds and other items;
- plots of land with a house that is the only housing of citizens;
- equipment and items used for the work of the debtor;
- money intended for the purchase of products, but their size should not exceed the subsistence level;
- fuel for heating homes;
- prizes and awards.
Additionally, items belonging to members of the debtor's family cannot be seized. But they must have supporting documents. If the bailiffs violate these requirements, the debtor or his relatives can file a lawsuit or write a complaint to the bailiff service. Typically, when errors are identified, changes to the inventory are promptly made.
Conclusion
The arrest of various property belonging to the debtor is a guarantee that the values ​​will not be sold until the end of the trial. In addition, this process is intended for confiscation and sale of items, which allows you to pay off the debts of the non-payer.
Arrest is imposed by bailiffs with certain rights and obligations. They must understand what items are not allowed to be confiscated, as well as what documents are prepared in the process.