The activities of bailiffs are known to every citizen of the Russian Federation, everyone knows who they are and what they do. Moreover, in practice, when faced with the work of bailiffs, many do not understand what to do and where to go. Surely you have heard about such an event as the arrest of a vehicle. In our article today we will discuss how to remove an arrest from a car, why it is generally imposed, why it is needed, what are the terms and procedures. We will note the main details and nuances of such a procedure.
What is arrest, what is its purpose and conditions?
In general, to begin with, we will understand what arrest is. This is a preventive measure that is imposed on the vehicle and prohibits registration actions with it until the moment when the owner of the vehicle does not execute a court decision or does not eliminate the violation. That is, in this case, the car is a means of influencing a person who has debt or violations.
The purpose of the arrest is the prevention and suppression of the illegal sale of property, in this case, transport. The arrest also prevents the destruction and concealment of the car. Depending on each specific case, the arrest may be accompanied by the seizure of the car from the owner or a ban on the right to dispose of the car.
Arrest is imposed so that the cost of transport as a result of operation does not decrease. If the bailiff’s decision regarding the use of transport is not marked, then it cannot be used. The guarantee in this case is the availability of information in the traffic police database, which does not allow you to register property and conduct a technical inspection.
In the event that the debt is not paid by the debtor or the violations are not eliminated by the time given by the bailiffs, the car will be put up for sale.
Who is arresting?
Before considering how to remove an arrest from a car, you need to familiarize yourself with some details of this process and the services that have the right to impose a measure. First of all, we note that arrest is a necessary measure, that is, it is not applied everywhere. Arrest is imposed when the owner of the car, he is the debtor, not only does not observe the terms of repayment of the debt, but is not going to do it. The procedure for imposing measures is regulated by the law "On Enforcement Proceedings". The law establishes that arrest may be imposed:
- Courts
- Bailiffs.
- Customs in exceptional cases provided by law.
The procedure itself provides for a court decision, in this case the bailiffs are executors. After the court’s work, the ready decision is sent to the bailiff service, where a writ of execution is formed. It indicates the reasons for the arrest, information about the debtor and the car. If the bailiffs do not know the location of the debtor, then the case is referred to the customs authorities. It is they who are arresting.
Why is arrested?
The basis for seizure is always a court order recognizing a specific person as a debtor. Debt can be very diverse, which means that the reasons for seizure are:
- Loan debts. This is the most common reason for seizure - non-payment of loan obligations. In this case, the bank submits a statement of claim to the court, in which the debtor is the defendant. A statement by the bank is the reason for the seizure.
- Maintenance obligations. In terms of prevalence, this is the second reason for the seizure. After the divorce, one of the parents must pay child support for the maintenance of one or more of his minor children. If the ex-spouses cannot voluntarily agree, one of the parents in whose care the children are left submits a statement of claim. In this case, the basis for the seizure is a court order.
- Debts to the state. If a person has a debt on utility bills or the customs procedure for registering property is violated, an arrest may be imposed on the machine. The procedure is the same - a court order is issued and an arrest is imposed.
Is there an arrest?
Before answering the question of how to remove an arrest from a car, it is necessary to understand whether this arrest exists at all. This point needs to be checked before buying a new car, this is a very important detail. There are two ways to do this:
- In the traffic police department - a personal appeal to employees. Conveniently, you can not only find out the fact of seizure, but also the reason, time of imposition and maturity of the debt. You can also contact the bailiff service, there in the same way you will be provided with all the information. Both in that and in another institution they will explain to you how to remove a court arrest from a car, what is needed for this and how long.
- Website www.gibdd.ru - you need to go to the main page, on it we see the "Services" block, hover over it and select the option "Check car". After that, the site will direct you to a new page where you will need to enter the VIN number of the machine, as well as the engine and body numbers. After we enter the security code displayed on the site. Click on the button "Check for restrictions." The results will be immediately reflected. The downside is that there is no data on the pledge, there is only the arrest of the car.
It should be noted that a car cannot be removed from arrest in the traffic police, it can only be removed through bailiffs or a court. The traffic police department can only provide information on the existence of an arrest, as well as help with advice on the removal of this preventive measure. That is why, having learned about the fact of arrest, it is not necessary to flee to the traffic police, it is necessary to turn to the bailiffs or to the court, depending on who imposed the measure.
Grounds for lifting the arrest
We turn to the question of how to remove an arrest from a car. To begin, we list the grounds provided by law, in the presence of which the arrest can be lifted:
- The requirements stipulated by the writ of execution were satisfied, that is, the fine was paid off, interest, fees, debts or taxes paid.
- Termination of enforcement proceedings in connection with the issuance of a claim by the court or other body that issued the writ of execution.
- If, by a court decision, the seizure of a car is deemed unlawful.
- Termination of proceedings, which is caused by the initiative of the claimant, as well as in other cases, which are detailed in the law. All detailed information on the cancellation of arrest should be reflected in the decision on the end of enforcement proceedings.
Removal of Arrest by Bailiffs
How to remove an arrest imposed by bailiffs from a car? First of all, you need to write a statement, which in the future will need to be submitted to the bailiff service. The application must indicate the request to remove the arrest from the car, as well as attach the necessary documents. Depending on the reason for which the arrest was imposed, receipts on payment of fines, payment documents evidencing the payment of alimony, other debt may be attached to the application. A court decision to terminate the case in which the car was the subject of a dispute may also be attached.
We suggest that you familiarize yourself in more detail with the help of a video on how to remove an arrest from a car by bailiffs. Recall that if you still have questions, you can contact the bailiff service yourself and get advice on this issue.
Removal of arrest imposed by court
How to remove an arrest from a car imposed by a court? In contrast to the previous version, in this case you need to turn not to the bailiffs, but, accordingly, to the court. Moreover, it is necessary to turn to the court that issued the decision on the arrest. First of all, it is necessary to write a statement of claim, it is desirable to draft it, focusing on the advice of a lawyer, otherwise the statement may simply not be accepted. After preparation of the application, documents proving the plaintiff’s rightness must be attached to it. Earlier we talked about what documents should be attached to the application.
The judicial authority accepts the application and considers it in a judicial proceeding. As a result, a decision is made to withdraw the arrest or to refuse to satisfy the statement of claim. If a decision has been made to remove the arrest, the data is transmitted to the appropriate authority (bailiffs or customs authority). Further, he already enters the case, removing the arrest from the car.
What data is indicated in the application?
As we said earlier, in order to remove a court’s arrest from a car, you need to correctly compose a statement. We list the main data that must be indicated in the application. So, the documents should indicate:
- The name of the court that seized, as well as the data (full name) of the judge who made this decision, do not forget about the case number. All of this information can be seen in the judge’s decision to seize.
- Full information about the plaintiff, that is, last name, first name, middle name, date of birth, place of birth and registration, do not forget about the contact phone number.
- The essence of the statement is stated - a request to remove the arrest from the car.
- Data on applications is indicated, that is, it is noted which documents are attached to the statement of claim.
Arrest of a used car
There are situations when people buy a new car and in the near future they will be arrested, which was addressed to the previous owner of the car. How, then, to remove an arrest from a car by bailiffs? The new owner must submit documents to the bailiffs service confirming the purchase of the car before arrest. The very next day, the bailiffs will decide to cancel the arrest.
More complicated is the situation when an arrest is imposed before the sale of the car. In this case, the carelessness of the new owner is manifested, which did not check the presence of arrest, bail and other restrictions on the purchased car. Is it possible to remove an arrest from a car in this case? Unfortunately not. In this case, there is only one option - to write a statement of claim to the court about the termination of the contract of sale, as well as compensation for losses incurred by the new owner.
Terms of car removal from arrest
Of course, after getting acquainted with the order and documents necessary to remove the arrest, many are interested in the question of how much the arrest is removed from the car.
If we are talking about bailiffs, then, as a general rule, this process takes 10 days. It all depends on the specific case, it is possible that the arrest will be lifted the very next day after filing the application with the necessary documents. Also, the duration depends on the degree of workload of the bailiff service, because all documents are subject to verification and consideration. After the decision is made, the decision to end the enforcement proceedings is sent to the traffic police, where the restriction is already lifted.
In the case of a court, after reviewing the statement of claim, employees are required to transmit a copy of the decision to the bailiffs and traffic police. In this case, it all depends on the speed and coherence of the work of the court.
Car limit
We have more than examined in detail how to remove an arrest from a car and how soon this happens, but there is another limitation - on the registration of vehicles. We noted that the arrest is a very unpopular measure, that is, the courts and bailiffs are in no hurry to seize. If there are debts, the restriction on registration actions with the machine is first of all imposed. The ban is lifted by a court decision as a general rule.
If the arrest cannot be imposed by the traffic police departments, then this restriction may be imposed by the investigation department of the inspection. In this case, the removal occurs by the employees of this inspection. To do this, specialists should check and review the documents, as a result of which a decision is made and the restriction is removed.
How to remove the arrest on the registration actions of the car that were imposed by the bailiffs? Recall that in this case we are talking about registration actions, and not about a complete arrest.
- You need to understand at what point the restriction was imposed and which document testifies to this. A copy of this document must be obtained, for example, a restriction order. You can personally contact the bailiff service, the traffic police or through the website of these departments.
- Next, you need to familiarize yourself with the document. Either you disagree with the pleasant decision and appeal it in court, or you agree with the decision and eliminate the violations. This may be the payment of tax, levy, fine and otherwise, depending on the basis.
- Next, you need to get an order to remove the restriction. This happens in the same order as with the general arrest that we spoke about earlier.
- After receiving the document, a copy of the decision, receipt or other document must be submitted to the traffic police department. In general, it is necessary to prove that the restriction has been lifted. As a general rule, officers of the bailiff service independently send documents to the inspection, but this can be delayed, so it is advisable to deal with this issue ourselves.