One fine day, you may find out that the card is blocked, money from the account has been completely debited, the balance is in the red or at zero. Can bailiffs arrest the bill? The answer is yes. The fact is that they have access to many bank accounts of the debtor and at any time have the right to seize and write off funds. Therefore, no one is safe from such an accident.
Reason for Arrest
If the debtor evades the timely payment of funds, then the collection is enforced. The arrest is not made by the bank itself, but by the Federal Bailiff Service (FSSP) and its territorial units. For what debts can one find himself in a similar situation? For example:
- debts for housing services ;
- material damage;
- credit debt;
- fines;
- alimony.
In many cases, the debtor knows the reasons for such a recovery, since before this a trial is mandatory and a certain decision is made on the payment of the debt. Both parties are notified of the final result.
Money in accounts with financial institutions may be subject to arrest not only by bailiffs, but also by other state bodies:
- court of arbitration;
- judges;
- tax service.
The arbitral tribunal seizes only those funds that at the time of execution of the decision were in the debtor's account. Further proceeds may be spent by the citizen at his own discretion, even if the amount initially arrested is less than that established by the court.
The tax office also quite often blocks accounts. At the same time, the arrest lasts until the citizen himself solves his problem. This happens for the following reasons:
- required reporting is not delivered on time;
- deductions to the state budget were not paid on time;
- the organization carries out a tax audit, and this measure helps ensure its correctness and legality.
Bailiffs are seizing in accordance with a legal decision of a judge to secure a claim. Unlike the tax, the FSSP has the right to transfer funds to pay off debt.
How does the bailiff arrest money
In accordance with Article 81 of the Federal Law No. 229 "On Enforcement Proceedings", seizure of an account is carried out as follows:
- The decision to recover falls into the hands of the bailiff.
- He, in turn, draws up a decision on the seizure of funds of a citizen placed on accounts, and sends this document to the appropriate banks.
- If the details of the accounts are unknown, then the bailiff sends a decision on their search to the financial organization.
- A bank employee seizes money, in the amount of existing debt, immediately. In addition, he informs the bailiff of the adoption of appropriate measures.
- If there is enough money, they are debited, the account is blocked. But if the funds are not enough to pay the debt, then he continues to be arrested.
Online Judgment Information
One fine day, it turns out that the bailiffs arrested the bill. But why does this happen, the citizen does not know, and the bank refuses to divulge this kind of information. Do not despair, the Internet will help answer this question.
By visiting the FSSP website, you can find out by whom and when the decision was issued on the seizure, as well as the number of this document.
Using the service "State services", having successfully logged in, in the personal account in the lower right corner you will see the item "court debt", its amount is also indicated there. After clicking on this button, a page will open where everything is detailed, namely: the collection department, details and number of the executive document, amount of debt.
It is worth noting that through the above services it is possible to pay debt online.
What accounts do bailiffs arrest
Collection can be made on deposit, salary cards, as well as those to which the pension is transferred. But since the accounts of debtors are impersonal in nature, that is, it is impossible to determine the type of proceeds from them, seizure of non-recoverable income may occur. Thus, the actions of the bailiffs can be directed to any income, including the finances of the spouse of the debtor. In addition, whether these funds have been deposited to an account with Sberbank or some other financial institution does not matter.
How is the recovery
If the arrest is aimed at a retirement pension, a stipend, state pension income, salary, no more than 50% of the income is withdrawn from the debtor.
When collecting alimony, compensation for damage caused by the commission of a crime, harm associated with the loss of a breadwinner, as well as damage to health, no more than 70% is deducted from the income of a citizen.
If the debtor is a single parent, the maintenance of which are minor children, then 25-30% is withdrawn from his salary and other income.
With the spouse of a citizen in debt, deductions occur in accordance with the above conditions.
So, if the bailiffs arrested the account, then they can collect a certain amount every month in installments or at a time. There are also cases when they write off all previous charges received on the card earlier.
Unlawful cases
Not all funds of the debtor are subject to arrest. So, this action is prohibited in relation to:
- maternity capital;
- various compensation payments;
- benefits (for disability, for children, etc.);
- amounts paid for the loss of a breadwinner or for compensation for harm to health;
- one-time financial assistance.
In addition, bailiffs are not entitled to seize a credit account, it is not intended for settlements, it belongs to the bank and is used to record loan debt.
In the event that the aforementioned income was subject to collection, a citizen should apply to the bailiffs with a statement and a document that confirms that the specified payments are made to this account. If a credit account is seized, then an appropriate contract must be presented.
Recovery without trial: is it possible?
The FSSP takes effect only after it has received an appropriate decision regarding the debtor, as well as a writ of execution. The bailiffs notify the citizen of the presence of debt so that he can pay it voluntarily. Upon receipt of a refusal and ignoring these requirements, they begin the process of debiting funds from the accounts of the debtor.
A citizen can apply to the FSSP, and if the bailiffs do not provide a proper writ of execution, then the arrest of property and money is illegal.
It is worth noting that in some cases the notification letter does not reach the addressee, but this does not affect the course of enforcement proceedings.
In which banks do bailiffs not seize accounts
Between FSSP and various banks established a system of full electronic document management, that is, all requests, procedural documents and responses are sent by them via the Internet. So, to find the accounts of the debtor, they search. Inquiries are sent to the tax authorities and various financial organizations. Therefore, in which banks the bailiffs do not arrest accounts, it is not known. This risk may be exposed to funds placed not only in accounts with Sberbank, but also in any other.
In accordance with Article 70 of Federal Law No. 229, any banking organization, including a commercial one, is obliged to immediately satisfy the requirement of the FSSP. Recently, such payment systems as PayPal, Qiwi and Yandex.Money have also come under the scrutiny of bailiffs.
If the bailiffs arrested the bill
What to do when it is suddenly discovered that the card is blocked or the money has been debited from the deposit based on a court decision? First, it is necessary to determine whether the actions of the FSSP are legitimate.
If the enforcement proceedings were actually instituted, the bailiffs seized the bill and there was outstanding debt, the best solution would be to pay it as soon as possible. But this is not enough. It is necessary to present receipts of payment to the bailiffs, only after that the arrest will be lifted.
In cases where the actions of the FSSP are unlawful, a complaint must be filed. It is advisable to write a statement addressed to the senior bailiff, not forgetting to attach a document confirming the illegality of the seizure of funds in the account.
If these actions did not help, you need to go to court to appeal the illegal arrest. To do this, prepare the following documents:
- copy of preliminary appeal to bailiffs;
- documents that confirm that the actions of the FSSP are illegal;
- statement of claim, including the requirement to cancel the decision of the bailiffs or to withdraw the arrest;
- Bank receipt or loan agreement.
Payment of the state fee is not provided, and if the claim is satisfied, the decision is sent to the FSSP to unblock the funds.
Many lawyers advise contacting the prosecutor’s office immediately to verify the actions of the bailiffs. Then, along with the complaint, an executive document is also provided.
It should be noted that the removal of the arrest is a rather lengthy procedure, and very often this process is delayed.
Other scenarios
So, the bailiffs arrested the payroll card account. You can safely leave everything as it is or continue to fight. In the latter case, the following methods may help:
- Try to negotiate with the employer about receiving wages in cash (however, remember that this is a violation of the law) or transferring it to another bank card. But it is worth remembering that sooner or later an account in another bank will also be discovered. In addition, bailiffs can easily identify the place of work and oblige the company to retain a certain part of the funds.
- In the presence of debt on loans it is not forbidden to seek a compromise with financial institutions. For example, agree on installment payments. In this case, they must withdraw the claim, then the enforcement proceedings will cease.
- To reduce the amount of monthly deductions or to provide by installments, the possibility of going to court is allowed. But to get a satisfactory answer you need to present very weighty arguments.
The timing
A complaint filed with the FSSP or the prosecutor’s office shall be examined ten days from the date of its registration. The citizen shall be notified in writing of the decision made.
The statement of claim is considered by the court in accordance with the general procedural order.
Removal of the seizure of funds in the accounts, as well as the unblocking of expenditure operations, is carried out within ten days.
The consequences of enforcement proceedings
The FSSP is capable of not only arresting the account, but also restricting travel abroad. But no one except her, and without a court decision, can do this. After the enforcement proceedings are sent to the bailiffs, a decision is made to ban the exit from the country. The debtor is notified by special letter. In addition, you can find out if there is a restriction on traveling abroad by telephone, by contacting the bailiff.
From October 1, 2017, some innovations were introduced. So, in accordance with Article 67 of the Federal Law "On Enforcement Proceedings", the following citizens may be prohibited from traveling abroad:
- having debts of a non-property nature;
- having debts over 10,000 rubles related to the payment of alimony; compensation for harm to health, loss of a breadwinner; causing property damage, as well as non-pecuniary damage resulting from the crime;
- having debts of more than 30,000 rubles related to various property requirements (in some cases, under this item, bailiffs have the right to impose a travel restriction with a debt of more than 10,000 rubles).
The bailiffs and the Border Service of the Federal Security Service of the Russian Federation exchange information electronically. Therefore, as soon as payment for the payment of debt is displayed in a special system, the ban on leaving the country is lifted the very next day.