Unfortunately, various situations sometimes occur in life. Therefore, almost no one is safe from debt obligations. But what happens if a person takes a loan from a bank and then stops paying off debt, does not pay child support, or has other debts to other persons? In such a situation, the case often ends up with the bailiffs entering the work, who carry out their activities according to the decision of the judicial authority that has entered into force. Based on the current writ of execution, civil servants begin to search for property and accounts of debtors. But can bailiffs arrest a citizen’s salary card if this is his only income and he simply doesn’t have another? And what should a person do in this situation? The answers to these questions will be written in this article.
What is important to know?
Who are the bailiffs and on what basis do they carry out their activities? Many citizens who have debt obligations are interested in this issue. So, bailiffs are civil servants who are involved in the enforcement of court decisions that have entered into legal force. They have sufficiently large powers. Bailiffs can even freely enter the premises occupied by debtors. In addition, they are entitled to search for property of the latter. In this case, the bailiffs send inquiries to the tax, registration chamber, traffic police and banks, after which they seize the existing property and accounts.
What happens in practice?
If enforcement proceedings are opened against a person, first of all, the bailiffs send a request to the bank to establish whether the citizen has any accounts, funds that could be sent to pay off the debt. If the response of the credit organization is positive, then all available person cards will be arrested. Cash from them is transferred to the claimant.
In this situation, many citizens are wondering if the bailiffs can arrest a salary card? Of course, a person’s sole source of income cannot be blocked under any circumstances. Nevertheless, banks do not provide bailiffs with information about which card is open in the name of the debtor (salary, funded or credit). Therefore, the latter seize all current accounts.
What to do?
What should a person do if bailiffs arrest a salary card? What if there is no way to fully repay the existing debt?
As a rule, wages are the only source of livelihood for many citizens who do not have additional income. Therefore, if a person finds out about the arrest of a card on which they are paid a salary, he must immediately contact the bailiffs and write a statement on the removal of the arrest indicating the reason.
This document is drawn up in any form addressed to the head of the service unit. Nevertheless, before writing an application to remove the arrest from the card, you need to get a statement from the bank stating that this account is salary. The document received at the credit institution should be provided to the bailiffs. In addition, it is important to remember that the arrest will not be lifted immediately, but after a certain time.
Part of the amount
If the debtor does not have property that can be levied, and he does not have his own source of income, then bailiffs most often close enforcement proceedings. But how does the debt pay off if a person works in a certain place and receives wages?
In this example, the bailiff sends the document to the company where the debtor works. After receiving the writ of execution, the accountant within three days sends the employee official confirmation of receipt. Subsequently, the amount of debt is already withheld as a percentage of the person’s income. This is the order.
Here we should not forget that according to the law no more than fifty percent can be deducted from salaries to pay off existing debts. Sometimes transfers of funds reach even 70% (for example, if it concerns payments of funds in the event of the loss of the breadwinner, when the death of the latter was caused by the debtor).
Various options
So, people who are wondering whether the bailiffs can arrest a salary card for the execution of a court decision must know that the latter are competent to do this only when the person does not pay the debt on his own. After all, as mentioned earlier, employees cannot know that they blocked exactly the debtor's account to which the company transfers his earnings.
If a person voluntarily executes the decision of the judicial authority, then the bailiffs will never arrest his bills, since the person pays the money on his own. In addition, in some cases, the debtor has the opportunity to negotiate with the claimant, and the latter does not transfer the writ of execution to the bailiffs. In this case, funds are also transferred by a person voluntarily.
The timing
After the initiation of enforcement proceedings, the bailiffs send the person a resolution with a proposal for voluntary repayment of the debt. As a rule, the latter is given five days for this. If during the specified period the funds are not paid voluntarily, the bailiffs will begin to do their usual work - to find out if the debtor has property and money to enforce the court decision.
Interesting
Bailiffs arrested a salary card - what should the debtor do in this case? If it is possible to pay off the debt in full, then you can deposit this amount into a blocked account. Thus, these funds are automatically debited from the card, and the arrest will be lifted.
But some people prefer not specifically to repay existing debt, but simply to block accounts and open new ones in another branch of the bank. So, this option is not as effective as it might seem at first glance. Indeed, when conducting enforcement proceedings, bailiffs will be able to make a request to any bank again at any time. In this case, the commercial organization will issue information on all open accounts in the name of the debtor. In turn, officials will again arrest them.
Questions
Bailiffs should not be afraid, because they are the same people as debtors, just doing their job. Nevertheless, no one really wants to communicate with representatives of the law. Many debtors turn to professional lawyers for help and want answers to many questions. For example, can bailiffs arrest a salary card if, in addition to the main income, other funds are transferred there (pension, scholarship)? The answer here will be positive if the account belongs to the debtor. But after the citizen provides the bailiff with an extract from the bank, which will be confirmation that the card is a salary, the arrest is removed. In addition, foreclosure cannot be levied on the following payments:
- survivor pensions;
- maternal capital;
- child benefits, alimony.
Can a salary card be arrested for debts if part of the debt has already been paid off? They are fully authorized to block this account. After all, as already mentioned earlier, bailiffs do not see the name and do not know the purpose of the current debtor cards. In this case, you need to come to the service department, write a statement, and also provide a job certificate to confirm official income. After that, the arrest is removed from the card, and 50% will be deducted from the salary every month until the debt is fully repaid.
What guides the executors of court decisions?
Bailiffs conduct enforcement proceedings on the basis of Federal Law of October 2, 2007 No. 229-. In this case, the latter should act only within the framework of existing legal norms. But in view of the fact that the bailiffs are currently endowed with significant powers, they themselves often become violators of the law.
When enforcing debt collection, another 7% is added to the amount of debt - this is a performance fee.
What other cases are there?
Almost everyone knows that property that is acquired by spouses during a legal marriage is considered to be their joint property and when divorced, it is divided in half. But what about debt? What if the bailiff seized his wife’s salary card because her husband didn’t pay the loan to the bank? In accordance with applicable law, such an action by bailiffs is unlawful, because the debts of one of the spouses are only his debts. Especially if the funds taken from the bank were spent not for the needs of the family, but for personal purposes. In such a case, it is best to file a complaint with the court regarding the actions of the bailiff.
Conclusion
So, what can be summarized here? Do bailiffs have the right to arrest a payroll card? In essence of the current law, these persons can block any account belonging to the debtor. This usually happens in cases where a person refuses to transfer funds to a claimant on a voluntary basis or generally hides from bailiffs. The latter, in turn, are required to comply with any court decision that has entered into force.
If the bailiffs blocked the salary card, and the debtor has no other source of income, then you must certainly find out the reason for such actions. After all, if a citizen paid for everything and provided receipts, then employees are required to immediately remove the arrest from the account, especially the salary. If the actions of the bailiffs are illegal, the debtor will have to go to court.
In this case, it is advisable to first consult with a competent lawyer who, if necessary, will help to prepare the necessary documents and represent interests in court.