A large number of motorists sell and buy vehicles in the secondary market. There are times when, after the transaction is completed, the new owner cannot register his purchase. The reasons are bans on registration actions. What to do in this case? How can a buyer protect himself from purchasing a “problem” car?
General concept
In some cases, employees of the Federal Bailiff Service apply such measures of influence in respect of the debtor as prohibitions on registration actions in respect of a vehicle.
The bailiff can apply a similar measure of compulsory collection in respect of any category of debtors (individuals and legal entities), as well as in any subject of collection (fine, debt, alimony).
This is done in order to induce the debtor to fulfill his obligations under the writ of execution. The type of executive document in this case also does not play any role. This can be both a writ of execution and a resolution of an authorized body (for example, the Pension Fund or the STSI).
Consequences of use
As a rule, the debtor continues to move on his vehicle, not suspecting that he was banned by bailiffs for registration actions.
Often, only the new car owner learns about this. And often this happens at the time when he is trying to register a car purchased by proxy. In this case, the REO traffic police refuses to register the car due to the ban imposed by the bailiff.
Such consequences may be encountered by any vehicle owner who decides to sell his car in case of failure to fulfill certain obligations.
Restriction mechanism
A few years ago, the restriction order was issued by the bailiff exclusively on paper and sent for execution to the registration authority by mail or on purpose. This process took up valuable time, because the debtor had the opportunity to admonish and remove vehicles from the register before the ban was imposed. As a result, there is a lack of movable property by the non-payer, due to which it was possible to pay off debts, for example, in child support, which is far from important.
With the development and implementation of new software in the field of accumulation, transmission and exchange of information, the process of imposing bans on registration actions has been significantly simplified.
Now it’s enough for the bailiff to make such a decision in electronic form and forward it to the traffic police registration authority.
Thanks to the signed agreement on electronic document management between the Federal Service and the Ministry of the Interior, the bailiff forms an electronic request, which is sent directly to the registration and examination department of the State traffic inspectorate.
The authorized body sends an electronic response to the Service about vehicles registered in the name of the debtor.
Upon receipt of the answer, the bailiff makes and sends the relevant resolution imposing prohibitions on registration actions in relation to the identified movable property of the debtor.
The whole process takes much less time than the exchange of information on paper. At the same time, sending a printed decision to the registration authority is optional, but must be sent by mail to the debtor.
Terms for imposing and removing restrictions
For electronic document management to work flawlessly, the participation of not only the bailiff, who makes the decision, but also the specialist clerk of the Federal Service unit is necessary.
His responsibilities include electronic delivery of all documents generated by an official. In addition, the clerk is also required to upload the received documents, including responses to inquiries and notifications about the prohibition of registration actions and the removal of restrictions.
Therefore, the speed of certain actions in this case depends on the agility and diligence of those endowed with power.
When the restriction is removed
The decision on the prohibition of registration actions in respect of a vehicle is canceled in the following cases:
- Full repayment of all debts the debtor has. Often falling into a hopeless situation, a person who purchased a car by proxy is forced to pay the debts of the seller in order to register the car.
- The recognition of illegal actions of the bailiff. If by his actions (inaction) the bailiff violated the rights and interests of a citizen, and this was established in the course of judicial proceedings, then the restriction may be lifted.
When should I go to court?
As a rule, the actions of the bailiff within the framework of the enforcement proceedings entrusted to him in order to impose a restriction are legitimate, therefore, it is not worth blaming the official for performing his direct duties.
The court will not take the side of the debtor if its claims are based on emotional experience. In the end, every Russian citizen has not only rights, but also obligations, including the timely repayment of his debts.
Quite often there are situations when a car was purchased several years ago, but you decided to renew it only now. It seems that the money has been paid and you have been managing the transport by proxy for several years, however, you cannot register a car for yourself because of the restrictions in the database of the State traffic inspectorate. In addition, the seller has long disappeared from your field of vision and it will not work together to solve the problem.
Thus, in the event of a dispute over the right of ownership, a citizen needs to go to court to establish it. The Civil Code of the Russian Federation provides for the concept of prescription.
The copyright holder has the right to file an application to ban registration actions, and more specifically, to remove it. In the case of successful proof of ownership of the once purchased car, the court will satisfy the requirement to remove all restrictions on movable property. The requirement to recognize the right and to remove the ban on registration actions can be submitted within the framework of one application.
It should be understood that the prohibition of registration actions (registration and deregistration) in relation to transport is not legally equivalent to the concept of property seizure.
Consequences in case of failure to comply with the bailiff's requirements
Since the ban on registration actions of a car is only a measure to ensure compliance with the requirements, the failure to comply with the latter may lead to the actual arrest of the vehicle.
The debtor who does not fulfill obligations under the executive document on the payment of debts, including alimony and fines of the traffic police, will be required to provide a vehicle for the arrest procedure (actual arrest).
The seizure is carried out in compliance with all requirements of the Federal Law and in the presence of witnesses, after which the property can be seized from the debtor.
Upon the expiration of the established period (10 days), if the arrest was not appealed, the property of the debtor shall be transferred for assessment.
Evaluation by a specialist appraiser is mandatory for property whose value exceeds thirty thousand rubles, as well as without fail for real estate (apartment, house). The bailiff has the right to evaluate property on his own only if the approximate value of the property does not exceed thirty thousand.
An expensive car so valued is transferred for sale by public auction.
The bailiff is obliged to notify the debtor and the collector in writing by registered mail or on purpose, on purpose, about his every action and its result. Such requirements of the law are related to granting the debtor (collector) the right to appeal in court.
For example, in case of disagreement with the valuation procedure performed by the appraiser and the established value of the property, the parties are entitled to go to court.
Where does the money from the sale of the seized property go?
After the successful sale of the property, the proceeds from the sale are used to repay all debts owed by the debtor in accordance with the order of collection:
1. Alimony, non-pecuniary damage, redress for health and payments for the loss of a breadwinner.
2. Debts on wages.
3. Debt to the budget and extra-budgetary funds (for example, insurance premiums, taxes, fines, including the traffic police).
4. The remaining debt, including loans.
Prohibition as security for a claim
In some cases, an injunction may be imposed on registration actions at the request of the plaintiff to secure claims.
In this case, in the determination and, accordingly, in the writ of execution, the court shall prescribe the name, state sign and car owner.
Such enforcement documents received by the Federal Service are subject to immediate execution, that is, the bailiff immediately initiates enforcement proceedings and at the same time issues a ban order.
The lifting of such a ban is possible only on the basis of a court ruling.
In addition, often the court immediately sends the determination to the registration authority of the traffic police, and the restriction is imposed by two structures at once.
In the process of satisfying the plaintiff’s claims, the ban may be lifted, or a decision may be made on the collection of property of the debtor (for example, if it is pledged to a credit institution). In turn, foreclosure involves the arrest with the subsequent sale of property at auction. If the ban on registration actions is lifted, only the pledge holder has the exclusive right to receive money from the sale of the mortgaged property.
As advice
- Before drawing up a contract of sale, it is necessary to conduct a check on the prohibition of registration actions and on the existence of restrictions imposed on it through the official websites of the FSSP, the traffic police, as well as the website of the unified register of mortgaged property or by written request to authorized bodies.
- Do not buy a car by proxy. It is more correct to insist on conducting registration actions in parallel with the signing of the contract of sale.
- Be sure to check the documents on the machine. If the transport is pledged by the bank, then the seller will not be able to provide the original TCP (it is always located in a lending institution).
- In addition to the above authorities, the ban on registration of a car may be imposed by the customs authorities (in case of violation of the rules of customs clearance), and the car is generally registered as a theft.
Similar actions and mechanisms are provided for self-propelled vehicles (tractors, excavators, etc.) and small vessels.
Conclusion
The prohibition of registration actions on a car may be imposed for a number of reasons. Therefore, in the course of the transaction, it is necessary not only to inspect the subject of the contract. It is important to carry out a check on the prohibition of registration actions. These events are available today and through online resources. The future owner will be able to obtain the necessary information after indicating the wine number of the vehicle.
Be vigilant and pay your debts on time!