Agree that receiving an SMS notification that money has been debited from your bank account is not the most pleasant situation, unless, of course, you withdrew the amount yourself. However, very often it turns out that funds are withdrawn in accordance with a court decision, while the citizen may not even be aware of the latter and may not understand on what basis the funds were withdrawn. So let's take a closer look at how bailiffs withdraw money from a card, what they are guided by, the probable reasons for writing off finances, and how to return finances if they were withdrawn by mistake.
It is worth noting that the Federal Bailiff Service, among the functions assigned to them, has the right to write off funds from the bank accounts of citizens of the Russian Federation if the latter evade the execution of a court decision or do not want to pay bills for the provided utility services.
According to the norms of the current legislation, FSSP employees have the right to request complete information about the taxpayer in all banking institutions, but most often bailiffs withdraw money from a salary card, less often money is transferred from a credit card or deposit.
All actions of the Federal Bailiff Service are approved and regulated by Federal Law No. 229 “On Enforcement Proceedings”.
Is it possible to find out why the money was written off?
First, let's look at how to find out why the bailiffs removed your finances.
If you find that bailiffs have withdrawn money from a Sberbank card, first of all, you need to contact the regional or nearest branch of a banking institution to make sure that the withdrawal of funds was carried out by bailiffs. For this you have several options:
- you can call the institution’s hotline, the contact number must be indicated on the card;
- go directly to the bank branch and clarify the information with the employee, asking them to make a statement of the recent movement of money in your account;
- check the statement online on the official Sberbank page. To do this, you need to go to your “Personal Account” on the page; if the write-off was carried out by the bailiff service, this information will be displayed.
Also, at the banking institution, you can also clarify on what basis the bailiffs withdrew money from the Sberbank card. Request a detailed account statement; it must indicate the legal address of the service, as well as the reason for the collection (number of the court decision and writ of execution).
If you were unable to find out the rationale for writing off the money at the financial institution, then you need to contact directly the territorial division of the FSSP at your place of registration (residence). When applying, be sure to have a document confirming your identity with you.
An alternative option is to find information on the official website of the service. To do this, enter information about yourself (date of birth) or company (legal address, name) in the appropriate section of the site. All available information will be displayed on the screen: data of the bailiff in charge of the case, contacts, number of the enforcement case.
The main reasons for collecting funds
Now let's talk about the reasons that can provoke the write-off of funds without the direct participation of the card owner.
Bailiffs have the right to seize funds from debtors’ bank accounts in the following situations:
- if the owner of the vehicle has unpaid fines for violating traffic rules;
- in case of evasion of payment of alimony established by the court;
- in case of overdue loan obligations;
- in case of non-payment of bills for provided utility services over a long period;
- other debts, administrative fines.
Based on the writ of execution, the bank, if the client is recognized as a debtor in court, has the right to withdraw funds from the debtor’s account even if the debtor himself was not notified of the possible write-off.
Procedure for withdrawing funds from the account
It is necessary to understand that the withdrawal of money from the current accounts of debtors occurs according to an approved procedure and on the basis of a court decision received. The process of withdrawing funds occurs according to the following scheme:
- The bailiff service receives a decision, a writ of execution, a copy of which is sent to the debtor. From the moment the citizen receives the letter, enforcement proceedings gain legal force;
- the next step is collecting data on the citizen’s property: real estate, deposits in banking institutions, vehicles, finances, and other valuables;
- Based on the writ of execution, the bailiff has the right to request information not only about salary accounts, but also about open credit and deposit lines. The bank must also provide data on all the citizen’s financial assets for the required period;
- then the finances are withdrawn in full or the debt is divided into several periods. Please note that in case of incomplete repayment of the debt, all subsequent payments cannot exceed 50% of the funds received on the bank card.
When can I get my money back?
Many people are interested in whether it is possible to return funds that have already been written off and how to do this?
Please note that the actions of employees are considered illegal in the following cases:
- if the debtor was not previously notified of the initiation of enforcement proceedings and the corresponding notice was not sent. In this case, the withdrawal of money is considered illegal;
- when funds are withdrawn for an already repaid debt. Such situations may arise due to imperfections in the banking system, when payment of a fine is fixed after several hours or even days.
Money was withdrawn by mistake
If you are sure that you wrote off money from your Sberbank card by mistake, you must first of all contact the institution’s branch with a complaint (sample statement to the bailiffs), in which you indicate all the points in which the funds were written off. In addition, you need to write a similar statement to the bailiff service. Try to write a complaint in a business-like tone, indicating all legal norms, and supporting the application with the necessary documents (receipt for payment of fines)
After clarifying the issue with the bailiff service, you must contact the regional branch of the banking institution. You must have the following documents with you:
- a completed certificate from the Federal Bailiff Service indicating that you have no debts;
- notification of the service that the writ of execution was sent to the banking institution in error;
- application from the cardholder for a refund to the appropriate account.
Please note that the money will be received only after your application has been reviewed by the bank commission.
In addition to filing an application with the FSSP, it is also possible to file a complaint in court. In addition to the corresponding application for compensation for damage caused, it is necessary to additionally provide copies of complaints to the bank and the bailiff service.
Finance withdrawn again
Due to the fact that the transferred money may arrive at an account, for example, the traffic police, after some time, situations arise when penalties have already been paid, and subsequently the bailiffs remove them again. To return the money, you must contact the senior bailiff who is in charge of your case and provide a receipt for payment of the fine. If the payment receipt has been lost, you can request a duplicate of the latter at the branch where the payment was made.
As you can see, despite the fact that initially the situation with money being written off from your current account may seem critical, but knowing how bailiffs withdraw money from a card, where to go in this case and how to return it, you will always find a way out.
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Do bailiffs have the right to withdraw money from a bank card?
Only the owner of this account has the right to use funds from a bank account that can be linked to a card, but bailiffs or a creditor have the right to use them to pay off debt (if the debt does not exceed 25 thousand rubles).
Please note that regardless of the credit institution servicing the debtor and the method of receiving funds, whether through a loan or your own. Next, we will consider the prohibition and procedure for collecting debt using money that is located in a bank account.
Legal regulation
The debtor’s debt can be repaid at the expense of his property, which includes funds in the bank. And the procedure itself and the timing, as well as the rights and obligations of the bailiff, are established by the Federal Law “On Enforcement Proceedings”.
Article 69 of the Federal Law establishes the foreclosure of money in the bank against a debt. Please note that before forcibly collecting money under a court decision, you must have grounds.
The basis appears after a decision has been made to initiate enforcement proceedings (IP), the reason for which may be:
- judgment or order;
- resolution of authorized bodies to collect a fine or other costs;
- performance list.
Procedure for writing off funds
Let's look at the procedure and rules that must be followed to collect money from the debtor's card as a debt:
- The bailiff is looking for a citizen who has a debt, as well as property, including money from a bank account;
- The debtor is notified of the initiation of IP by sending a resolution to him;
- The bailiff issues a decision on the basis of which funds are written off from the account, but only from one account, although it is possible to change the account by revoking the writ of execution and sending it again. Moreover, until the court decision is fully executed, the debtor’s remaining accounts may be under arrest in order to ensure the safety of funds until the obligations are fulfilled;
- If there is not enough money in the account to fully repay the debt, the writ of execution is not returned to the FSSP department, and the credit institution continues to write off the money until full repayment;
- Bailiffs, as a rule, collect 50% of pension accruals or wages, and if alimony payments are collected, then up to 70%. Please note that FSSP employees do not see what funds are being credited to the account, so there may be illegal debits. In this case, it is best to inform the debtor about the account from which debits can be made;
- Write-offs can be made not only from a ruble account, but also from an account with foreign currency.
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.
Are banks required to transmit information about the debtor's account?
By writing off money to fulfill debt obligations, banks stipulate that everyone must be responsible for their obligations. When you borrow money under a loan agreement, it is worth remembering that it can be written off as a debt by bailiffs. Bailiffs cooperate with the tax office and banks.
Know! SSP employees can make requests for:
- information about a citizen’s bank accounts;
- bank account balance;
- information about the property of a citizen against whom enforcement proceedings have been initiated.
When sending a request to the tax office, it is worth remembering that the answer is given within a week. Credit organizations also comply with the requirements of bailiffs. This is established by the Federal Law “On Individual Entrepreneurs,” namely Article 70. If a credit institution does not comply with the requirements of a BSC employee, this is a violation of the law.
Any credit organization has an obligation, in accordance with the law, to fulfill the requirements of government officials. At the same time, she has the right to refuse to comply with the requirements of the SSP officer, but only in the case when the citizen does not have enough funds in his account or has already been seized.
Please note that the amount of recovery cannot exceed the amount of the debt. If more funds have been debited from the account, then the debtor has the right to demand the return of the excess funds withdrawn.
When funds are debited from a bank account secretly from the debtor, and after the debt has been fully repaid, then you should contact the bailiff service department at your address and file a complaint for a refund. Please note that if funds were debited illegally, they will be returned.
Watch the video. Bailiffs write off money from debtors’ bank cards:
Is all of the debtor's capital written off?
Please note that SSP employees have the right to withdraw money from bank accounts, but not all of them.
Please note! The following monetary savings cannot be recovered:
- Received under the state program “Maternity Capital”;
- Compensation payments provided to victims of a disaster;
- Payments for caring for a citizen who is disabled;
- Payments for travel expenses, or funds that are provided for moving to another area to carry out a work function;
- Survivor's pension benefits;
- Money paid to disabled or injured persons;
- Payments upon the birth of a child;
- And other payments.
If the money is in a bank account and does not relate to payments that cannot be written off, SSP employees can use it to pay off the debt.
BTS employees cannot determine the nature of the funds in the account, for this reason they often write off capital that should not be used for forced collection of debt.
Is it possible to find out why the bailiffs wrote off the money?
If funds are debited from your credit card account, do not immediately become hysterical. Initially, you need to submit a request to determine the reasons for debiting funds from your account. And, perhaps, this write-off will be recognized as illegal, and the funds will be returned back.
To find out the reason for writing off funds from your account by the bailiff service, you should contact the credit institution to obtain a statement. Most often, this is done during a personal visit to a credit institution, or by calling the hotline number, which is indicated on the official website of the organization.
After receiving information that funds have been debited from the account, a citizen should contact the bailiff service department at the place of registration. If a citizen is refused to provide the necessary documents from enforcement proceedings, or there is no information about the write-off of funds, then he should write an appeal addressed to the senior bailiff and demand that the situation be clarified.
Another option for finding out the reason for writing off funds is to visit the official website of the bailiff service. You can find out information about write-offs by going to the section Data Bank on Enforcement Proceedings.
Court decisions are hidden from prying eyes, but you can find in which department the enforcement proceedings are located. And for more detailed information, you should contact the responsible bailiff and find out about the reason for withdrawing funds from the account.
Refund of improperly written off amounts
Remember! Algorithm of actions for returning funds that bailiffs have written off, but they fall under the category of funds that cannot be written off:
- Find out the name of the bailiff and the details of the writ of execution or the details of the recoverer of funds. Receive a copy of documentary evidence of the debiting of funds. The credit institution has no right to refuse to receive this information;
- Apply in writing to the SSP, attaching documentary evidence of the write-off of funds and violation of the legislation of the Russian Federation;
- If the appeal is left unanswered, the citizen can file a claim in court, attaching evidence.
If a court decision is received to collect the debt, if there is no confirmation that the funds cannot be used to collect the debt, then the bailiff has grounds to demand funds from the account. And the credit institution cannot refuse to fulfill this requirement, regardless of the client’s consent.
Regardless of the level of the bank, if it is necessary to recover the debtor’s property, bailiffs may well seize any property. The list of such includes a bank account. The purpose of the account does not matter. This can be either a loan or a deposit. The state regulates the procedure for withdrawing funds from a card and the cases in which such withdrawal would be illegal in the Federal Law “On Enforcement Proceedings”.
What documents allow the bailiff to withdraw money from the account?
Article 69 states that a court decision is required for seizure. In this case, it is valid both within accounts in various banks and in relation to the bank cards of the debtor. The basis for execution will be:
- existence of enforcement proceedings;
- the court's decision;
- decree of seizure;
- performance list.
What is the order of the procedure?
To begin with, the debtor is notified of the initiation of a writ of execution. After such notice, he has the right to repay the current debt within five days. If repayment is not carried out, the client is subject to forced write-off, as well as additional costs. In addition to cash and non-cash money, collection can even apply to electronic money (Yandex Money, Web Money, Qiwi) and this is legal. It is enough for the bailiff to transfer the decree on write-off to the bank and the employees are obliged to comply with the court decision (Article 70 “On Enforcement Proceedings).” If the amount is not enough, the money will be debited upon receipt on the card. Following the payment of debt obligations from the bank card of an unscrupulous citizen, the bailiff has the right to terminate the enforcement proceedings and transfer the enforcement document to the court. Notification of the former debtor and creditor is also within the powers of the bailiff.
Can banks give out personal information to third parties?
Tax authorities cannot refuse a bailiff to obtain information about the taxpayer’s current accounts, the amount of amounts, and other investments of the client that he keeps in the bank. Within seven days, according to the law of the Russian Federation, the tax office is obliged to provide all available information.
If funds are withdrawn from the card without warning the debtor, or if the withdrawn amount is much greater than the debt, a complaint is written to the enforcement service about illegal withdrawal of funds.
Are there any accounts from which money cannot be written off?
Regardless of what decision the judicial authority makes, there are accounts from which bailiffs do not have the right to write off funds. This:
- compensation for harm to health;
- survivor's benefit;
- disability pension;
- technogenic compensation for health damage;
- for caring for seriously ill patients;
- travel compensation;
- alimony;
- birth and death benefits;
- maternal capital
It happens that the executor, who has not established the nature of the accounts for the receipt of funds, decides to write off the debt. If there are violations, it is necessary to indicate the item of receipt and confirm it with documents (appointments, payments, certificates).
Can bailiffs withdraw money from a bank card?
Bailiffs are special people. And of course it’s better not to mess with them. If you happen to meet them, get ready for a lot of unpleasant moments awaiting you. As for the situation with a bank card, bailiffs can withdraw money from it. But only if there is a court order. And before withdrawing money from the card, they must familiarize you with this document. In addition, the bailiffs must present the court decision and the bank. If there is no court order, then it may well not be bailiffs.
The bailiffs have close connections with the management of Sberbank, so they have access to bank cards, both debit and credit, and have access to the debtor’s premises from 6 a.m. to 10 p.m.
Bailiffs have the right to seize the debtor's property and seize bank cards, with the exception of the subsistence level, the amount seized is usually indicated in the writ of execution.
The law previously allowed bailiffs to write off money from debtors’ bank cards, but this procedure was quite lengthy. But today the bailiff service is introducing into its work an automatic system for working with banks. This program allows bailiffs to write off money from debtors' accounts to pay off the debt. The leading banks of Russia are already subordinate to this system: Sberbank, Gazprombank, and cooperation with the banks VTB 24, Uralsib, MDM Bank, Bank of Moscow, Alfa Bank is next in line. This procedure occurs as follows: after the court renders a verdict to collect money from the debtor, the case goes to the bailiffs. They, in turn, contact the bank and find out whether the debtor has financial means. If there is enough money in the account to repay the debt, the bailiffs send documents to the bank about writing off the funds. if there is not enough money, then the bailiffs are content with what they have, and after the money arrives in the account, they write off the rest of the debt again. On average this happens within about a week.
Bailiffs can seize funds from a bank card if they have a court order and a writ of execution. Most often this happens this way - bailiffs submit a request to the bank, after which they receive permission to withdraw funds from the debtor. When a salary or pension comes to the debtor’s account, part of the funds goes to pay the writ of execution. A person’s salary or pension cannot be paid in full, since the law states that a certain percentage of the debtor’s income can be taken per month. If I'm not mistaken, then you can withdraw about 40% based on the writ of execution.
If you are a debtor and enforcement proceedings have been initiated against you, the bailiff electronically makes requests to all banks located in the region. If you have an account open in one of the banks, the bank automatically places a lien on the account (card) for the amount of the debt. If there is no money on the card, the card is blocked, and the money will be debited as it arrives on the card until the debt is fully repaid.
Read also: Yanao Arbitration Court official website
If you receive money on this card that, according to the law on “Enforcement Proceedings,” cannot be recovered (for example, child benefits, disability benefits, etc.), you need to contact the bailiffs with an application to cancel the decision on the appeal collections to a current account (card).
As part of the current enforcement proceedings, the bailiff has the bailiff. or rather, for the timely execution of the decision, he is obliged to issue a resolution to foreclose on the current account. So, in accordance with Article 99 I.4 Federal Law 229, restrictions on the amount of deduction from wages and other income are not applied when foreclosure on funds. located in the debtor's accounts.
more than a year ago
Based on the writ of execution. which is provided to the bank by bailiffs from the debtor’s accounts. The bailiff is obliged. by court decision, make inquiries to all banks about the availability of accounts and send a writ of execution for collection. All debit and credit accounts are checked, and each can be written off according to a writ of execution, except for child benefits or other social payments.
Do bailiffs have the right to withdraw money from a bank card?
The official duties of bailiffs include the execution of court orders. If, by a court decision, the defendant is required to collect debts under an established obligation, then the bailiffs can seize property or collect the debt from the evader’s bank card or account.
In this case, the type of card or savings deposit does not matter; all funds, including cash, will be used to ensure mandatory payments. However, bailiffs should not violate the rights of the debtor; collection is carried out according to strictly defined regulations.
According to the Federal Law “On Enforcement Proceedings”, the work of bailiffs is carried out after the opening of enforcement proceedings. Winning participants in a trial in a court of any subordination have the right to contact the service. Opening a case allows you to fully implement the court decision using legal methods. If we are talking about property and material recovery, then according to Article 69, cash is first seized, as well as those stored in accounts and deposits. In this case, we are not talking about the name of the bank, the terms of the agreement with the client or other circumstances.
It should be noted that the debtor is given the right to independently pay off debts within 5 days. Having received the enforcement notice, the citizen receives comprehensive information on the amount of the principal portion of the debt, penalties and interest.
Enforcement of a court decision begins with the withdrawal of money from a bank card or account in the amount of the full recovery.
If the debtor is not employed, then the writ of execution is handed to him personally; in case of official work, the writ of execution is sent to the accounting department of the enterprise to fulfill the requirements for enforcement proceedings. This measure is carried out if, in addition to the salary card, the debtor has no other non-cash savings. If other accounts exist, they are seized and a set amount is withdrawn from them.
If the defendant does not voluntarily repay the debt, then the bailiffs begin the procedure for forced repayment of obligations. First of all, funds are debited from bank cards, including credit cards, electronic wallets and deposits. To do this, a notification is sent to the bank about the need to seize funds and transfer them to the payee's current account.
It should be noted that the amount of debt includes several components: the amount of debt directly established by the court, legal costs, a penalty of half a percent for each day of delay and enforcement costs of up to 7%. Quite often, the amount of the penalty is many times greater than the principal amount of the debt and continues to grow steadily.
Having received the FSSP notification, the banking organization writes off the required funds or enters the debtor into the file cabinet in order to write off the required amount when funds arrive. After covering the total debt for all obligations, the bailiff notifies the plaintiff and payer of the end of enforcement proceedings. Thus, the direct execution of the court verdict lies with the bank whose client has debts.
Can banks provide account information?
According to the law, the bank is obliged to fulfill the conditions of the writ of execution: provide information about the depositor or borrower if he has the status of a defendant in a material claim. By presenting a writ of execution to the bank, the bailiff fulfills his official duty; further execution depends on the banking structure. The bank can fail to fulfill its part of the work only in the event of a lack of funds or the arrest of the account for another proceeding.
In a situation where the bank has seized more than the required amount, a recalculation is made and the difference is again credited to the card.
Withdrawal without warning
There are situations when a person discovers that money has been withdrawn from the card, but there is no information about the opening of enforcement proceedings. You will need to write a statement to the FSSP describing the claim. If the debt has already been repaid, and collection is made again, then the bailiffs will credit the incorrectly seized funds to the card. Confusion may arise due to failures in the postal service or the presence of similar penalties against the namesake.
What funds cannot be written off?
There are some types of income that do not qualify as debt. Performers do not have the right to withdraw money from a bank account, if they have the status below:
- funds transferred as payment for health damage;
- regular payments in connection with the loss of a breadwinner;
- pension for disability and injury received in the performance of official duties;
- state compensation for disaster victims;
- benefits for caring for a seriously ill person;
- compensation for travel, subsidies for medicines;
- child support paid by social services if the parent is wanted;
- travel and compensation funds for moving to another area;
- child benefits and maternity capital.
The debtor can independently familiarize himself with the list of funds that are not subject to collection or clarify his case with the bailiff in charge of the case. The inability to determine the source of money being credited to the card or to determine the target direction of the credited amounts leads to their illegal debiting. The debtor will need to file a written complaint and attach documentary evidence of ownership of the funds. The main evidence is a payment order from the organization that sent the money, indicating the purpose of the payment.
Read also: How to write off utility debts
Since there are quite a few types of funds that are not allowed to be written off, mistakes happen quite often. The actions of bailiffs in such a situation are streamlined and transparent, the funds are returned, but not immediately. It will take some time to restore legality. A dispute may arise with the bailiff about the relationship of funds to the restrictive list. If the debtor does not agree with the court ruling, he is obliged to comply with it in any case, and then file a claim to review the case.
Possibility of changing the amount of debt
There is a judicial opportunity to review the assigned payment if the payer has objective explanations for the delay in repaying the debt. Difficult financial circumstances or illness are considered objective circumstances accepted by the court for consideration. The debtor may ask the court to pay off obligations in installments or reduce penalties. If the debtor has minor or incapacitated family members to support, then this may serve as a worthy explanation.
Reduction of the amount of debt or penalties for obligations occurs only by court order. If the court meets the debtor halfway, taking into account that he has paid his debts in good faith previously, then the decision is transferred to the bailiff and changes are made to the existing writ of execution. Most often, the debt is restructured, that is, the share of debits from the card is set to the money credited to it.
The payment period is extended or the amount of penalties and interest is reduced if they significantly exceed the principal amount.
Until there is a new court order in the case, withdrawals from the debtor's bank accounts will continue. You should apply to the court to change the terms of deductions on the debt if there are compelling reasons, otherwise the claim will be returned with a refusal to accept. Since nowadays almost all employed people receive their salaries on a card or citizens have credit cards, debt collection has become much simpler.
If the draft evader does not work and does not have property that can be seized to pay off obligations, then collection will begin any time he finds work. FSSP employees have the right to search for the debtor’s funds and bank deposits belonging to him by contacting the tax office. According to the bailiffs, tax officials enter information about the defaulter into the database and track all of his cash receipts. Most debts do not have a statute of limitations, so at any time a newly acquired bank card will be seized to secure long-established obligations.
Do bailiffs have the right to withdraw money from a salary card?
Do bailiffs have the right to withdraw money from a bank card?
The right to withdraw money from the card
When collecting the property of a debtor, bailiffs have the authority to seize not only property and valuables, but also money that is on a bank plastic card to account for the debt.
Moreover, it does not matter which bank serves the client and what money is in the account - credit or own.
What is the procedure for collecting money from a bank card to pay debts and when performers are prohibited from withdrawing funds, we will explain in this article.
Legal regulation of property seizure
All questions regarding the seizure of any property from the debtor, as well as the procedure, terms of enforcement proceedings, The rights of the bailiff and other aspects are regulated in the Federal Law “On Enforcement Proceedings” .
In particular, this regulatory act establishes that it is permitted to withdraw money to pay off a debt by court decision (Article 69).
Collection can be carried out either from the debtor’s account in any bank, or using funds from a bank card owned by the debtor client.
However, in order for the debtor to be subject to enforcement measures of a court verdict (decree of another body), the bailiff must have a number of grounds.
He will receive such grounds as a result of initiating enforcement proceedings. In particular, this proceeding begins on the basis of the following executive documents:
- court order, decision;
- a resolution to collect a fine or other types of costs, which is issued by bodies charged with regulatory functions (for example, a pension fund);
- performance list.
Procedure for withdrawing funds from a bank card
Withdrawal procedure
At the time of initiation of enforcement proceedings, the bailiff notifies the citizen about the debt, sending him orders to initiate a writ of execution.
The debtor can pay off the existing debt voluntarily, but if he does not do this, then after 5 days the forced collection procedure begins.
If the debtor ignores the requirements of the writ of execution, the bailiff can not only begin the procedure for forced write-off of the debt, but also take measures against the offender to claim additional enforcement costs.
First of all, the executor will collect the money from the violator. That is, money stored on bank cards can be written off to cover the debt. Besides, They can even write off money from a credit card. issued by a specific bank.
Collection may also apply to debit accounts in financial institutions, funds, and electronic money. Therefore, writing off debt from accounts on Yandex Money, WebMoney, Qiwi and others is a completely legal procedure.
Bailiffs are aware that most citizens keep funds in banking institutions; if there is information about the availability of funds in a particular bank, the bailiff passes a resolution to write off the debtor's money to repay the debt to the bank of the illegal citizen.
Upon receipt of the order, bank employees undertake to write off their client’s money. If there are no funds in the debtor’s account (or there are not enough funds), the bailiff’s decision is entered into a special file cabinet, and as soon as the funds arrive in the debtor’s account, they will be written off.
After covering the debt with funds from the debtor’s bank card, as well as after paying the enforcement fee from the card, the bailiff is authorized to close the proceedings, send a writ of execution to the court that issued this document (or other body), and also notify the debtor and creditor of the completion of the enforcement procedure .
That is, the bailiffs themselves and personally, of course, cannot forcibly take away the bank card from the debtor, withdraw money and give it to the citizen (organization) who needs to pay the debt. However, he is authorized to do this through the bank servicing the debtor’s card.
Can banks provide account information?
Can banks provide information?
Banks write off debt based on the principle that every person has an obligation to pay their debts, including the need to understand that they will also have to repay loan funds.
According to Federal Law No. 229, as amended on July 19, 2017, “On Enforcement Proceedings,” bailiffs have the right to withdraw money from a bank card. Moreover, it does not matter at all what kind of card it is: salary (debit) or credit.
Borrowed and even electronic funds stored in wallets like Qiwi or Yandex.Money can be used to pay off debts. Seizure of a deposit in a bank is also within the scope of powers of the bailiff under the writ of execution.
There are quite a few ways to get into debt:
- unpaid car fines;
- debts on utility bills;
- non-payment of alimony, taxes, etc.
However, regardless of the reasons why the debt arose, a court decision is required to initiate enforcement proceedings. Unfortunately, today the practice in such cases is such that it does not require the presence of the defendant. Thus, the debtor can find out about his non-payments only when he receives a court order.
Before seizing a salary card or other active debt accounts, the bailiff is obliged to notify the defaulter of the initiation of proceedings under a writ of execution and provide him with a five-day period for voluntary repayment of all debts (then enforcement costs will be added to the principal debt).
If it happened that a citizen did not receive any papers at all, but was faced with the fact that funds had disappeared from their bank cards, it is necessary to contact the Federal Bailiff Service for clarification.
If the bailiff decides to write off money from a Sberbank card, then the owners receive an SMS on their mobile phone with approximately the following content: “Collection of funds in the amount of XXX based on the collection order number XXX.” Other financial organizations may not have such notifications.
In accordance with the wording of Art. 6 229-FZ “On Enforcement Proceedings”, the FSSP maintains an electronic catalog of all writs of execution. Thus, you can find out the reason and amount of your debt from anywhere in the world on the official website of the FSSP.
Card seizure without notification
If bailiffs seized a card from Sberbank or another organization without notifying the owner, this is illegal, is a serious violation and can serve as a reason for a complaint to the bailiff service. This bureaucratic opportunity should not be neglected, since a well-founded complaint will significantly reduce the amount of payments. If the proceedings are violated, the debtor has the right to demand that penalties, fines and other penalties be waived from him, which he could have avoided with timely notification of the initiation of proceedings.
How to reduce debt
There is another possibility of reducing the amount of total debt - a statement of claim. The court may revise the amount of the established payment when the plaintiff has valid reasons for delay in repaying debts. The court will consider the following to be objective circumstances:
- difficult financial situation;
- disease;
- minors or incapacitated family members who are dependent on the debtor.
A positive reputation (proper payment in the past) will also testify in favor of the plaintiff. If the court agrees to make concessions to the debtor, then the corresponding resolution is submitted to the executive body and the debt under the writ of execution is restructured.
Procedure for withdrawing funds from the card
Bailiffs have well-established methods and tools for searching for the debtor's bank assets. The Federal Service uses a banal but effective method: it sends requests to various financial organizations. Bailiffs have the right to request information about the availability and status of the debtor’s accounts, cash flows, and banks and credit organizations are obliged to provide this data.
Art. 70 229-FZ “On Enforcement Proceedings” obliges banks to comply with the received order. If the debtor’s cards do not contain the required amount or the account has already been frozen in connection with another writ of execution, the bank enters the bankrupt client into a special file cabinet and postpones its obligations until there is money in the account that can be written off.
In cases where a bank mistakenly transferred an amount exceeding its client's debt, the federal service must return the excess back to the bank account.
Thus, through the mediation of the bank, bailiffs have the right to seize the salary or credit card of the defaulter.
Seizing a card does not mean completely freezing a bank account. Only the amount to be collected is blocked, and the cardholder has the right to dispose of the remaining funds at any time, even if the debt collection process has not yet been officially closed.
Once the debts have been fully repaid, the collection proceedings are closed and the plaintiff and defendant are notified accordingly.
From the above it is clear that in fact the law imposes the obligation to collect funds on the bank that issued the debtor’s card or accepted the deposit from him.
If the defaulter has the opportunity to pay off the debt voluntarily, this should be done, since additional payments are often even greater than the principal amount:
- legal costs (for example, state fees);
- a penalty of 0.5% for each day of delay;
- enforcement fee (analogous to state duty);
- enforcement costs reaching up to 7%.
What funds are not subject to withdrawal?
The bailiff does not have the right to write off money from accounts if it is:
- Survivor benefits.
- Compensation for personal injury, regardless of who paid it.
- Children's benefits.
- Pension for disability and injury resulting from an industrial injury.
- Maternal capital.
- Alimony.
- Compensation payments to victims of disasters and natural disasters.
- Benefit for caring for a seriously ill or elderly person.
- Subsidies for medicines and other treatments.
- Travel allowances, daily allowances, lifting allowances paid by the employer due to moving to another region/district.
- Some other social benefits and subsidies.
So, there are many types of income that are untouchable. However, these payments often go towards paying off debts.
The reason is as follows: it is very easy to determine the source of money for the debtor’s assets, but to find out the status and purpose of these funds is almost impossible. Therefore, performers write off everything without bothering with warnings.
The necessary actions in this case are simple: you should file a complaint and document the origin of the funds. To do this, it is enough to request a certificate from the organization making payments. The money will be returned unconditionally. But it is possible that this will take some (not too long) time.
It happens that the defendant does not agree with the court order for collection. Then, having received a copy, you need to contact the court with objections within 10 days. If this deadline has been missed, then the obligations under the order must be fulfilled, and then a claim must be filed for the return of the unreasonably seized funds.
This is a cumbersome but legal scheme for resolving disputes with the Federal Bailiff Service.
When taking out a loan from a bank, a person must understand that the funds must be repaid. But circumstances may lead to the fact that manipulation becomes impossible. In this situation, the creditor has the right to go to court. If the government body satisfies the plaintiff’s request for forced repayment of the debt, it issues a writ of execution, which serves as the basis for contacting the bailiffs. Employees of the organization have extensive powers. However, most people do not leave the question Do bailiffs have the right to withdraw money from a bank card? without notice? Employees of the organization have similar powers.
Acting in the interests of the plaintiff who has a writ of execution in his hands, bailiffs have the right to seize property and money stored on the card. Moreover, the fact whether own or credit funds are in the client’s bank account does not matter. The bank serving the citizen does not matter either.
Money can be debited from an account located in any institution. However, in a number of situations, bailiffs exceed their existing powers, forcing the bank to write off capital. We will talk about the procedure for debt collection, when executors do not have the right to take the debtor’s funds, and the legal regulation of the issue in this article.
Collection of funds and property must be carried out taking into account the requirements of current legislation. When carrying out their activities, bailiffs are guided by the Law “On Enforcement Proceedings”.
The regulatory legal act regulates:
- procedure for carrying out enforcement proceedings,
- timing of the event,
- rights of the executor of a court decision.
After reviewing the provisions of the law, the debtor will find out that the withdrawal of funds from a bank card is forcibly permitted. Such a right is enshrined in Article 69 of the Law “On Enforcement Proceedings”.
However, the right to withdraw funds arises from an employee of a government agency only if a number of grounds are present. They arise during enforcement proceedings.
Bailiffs can write off funds stored both on a bank card belonging to the debtor and in his account.
The bailiff can begin to write off the debtor's funds in the bank only if the following documents are available:
- court order and decision,
- writ of execution,
- decisions to collect a fine or other costs.
The lack of documentation leads to the fact that the FSSP employee is deprived of the right to withdraw the debtor’s funds located in the bank.
How is capital withdrawn from the debtor’s bank card?
Today there is a standard procedure for forced collection of funds. When enforcement proceedings are initiated, the debtor will receive appropriate notification. Collection of funds from the card by bailiffs without warning cannot be completed. Having received the notice, the debtor is obliged to repay the debt. If this does not happen within 5 days, no fine will be imposed, but the funds will be forcibly withdrawn.
Ignoring the requirements will lead to the fact that the bailiff will not only collect the existing debt, but will also force the unscrupulous citizen to pay the costs incurred during the procedure. Even funds on the debtor’s credit card issued by one of the banks can be seized.
When enforcement is initiated, the debtor's money is first confiscated. FSSP employees can write off the capital stored in bank accounts and cards of the defaulter. The type of account in which the capital is stored does not matter.
Example of an SMS about debiting funds:
Capital that is not in the bank can be withdrawn from:
- electronic wallets,
- debtor's debit accounts,
- funds.
This procedure is considered legal. FSSP employees know that most citizens prefer to store capital in a bank account or card. Having received information that the debtor has funds in a certain institution, the bailiff submits to the organization a resolution to write off capital to pay off the existing debt. Having received the document, bank employees are obliged to fulfill its requirements and write off the client’s funds. If there is no capital in a person’s account, the resolution is entered into the card index. As soon as the funds are received, they will be immediately written off to pay off the debt.
Once the capital write-off has been completed and the debt has been fully repaid, enforcement proceedings must be terminated. The bailiff is obliged to send the documentation giving the right to enforced collection back to the government agency that issued it, and send appropriate notices to the debtor and creditor.
After sending a message about the completion of enforcement proceedings, subsequent debiting of funds from a bank card or account is considered illegal.
Are banks required to provide information about the debtor's account?
When debiting funds from a client’s card or account, credit institutions are guided by the principle that each person must be responsible for their actions. When borrowing funds, a person must understand that if enforcement proceedings begin, the loan money may also be written off. Bailiffs work closely with tax authorities and interact with banks.
Specialists responsible for the execution of a court decision have the right to request:
- information about the availability of current accounts with the debtor,
- information about the amount of money of an unscrupulous citizen that is stored in the bank,
- data on other values.
Having received the request, the Federal Tax Service is obliged to respond within 7 days. Banks are also obliged to comply with the requirements of bailiffs. This rule is enshrined in Article 70 of the Federal Law “On Enforcement Proceedings”. If the bank refuses to comply with the request without compelling reasons, this will be considered a violation of the law.
Download for free: Sample application to remove seizure from a bank salary card
Sberbank, like other credit institutions, is obliged to comply with the requirements of government agency employees. The bank can refuse FSSP employees only if there are no funds on the client’s card or the account has been previously seized.
The amount of funds that can be debited from an account or bank card cannot exceed the amount of the debt. If due to a number of reasons more money is withdrawn, its owner has the right to demand a return.
In practice, cases sometimes arise when funds are debited from bank cards or accounts without the knowledge of their owner. If this happens, but the debt has already been repaid, the person has the right to contact the bailiff service with a complaint. Funds written off illegally must be returned.
Is all of the debtor's capital written off?
If a person is interested, can bailiffs withdraw money from a credit card, he should know that employees of a government agency have a similar opportunity, but not all the money can be written off.
Thus, the following types of income are not subject to seizure:
- maternal capital,
- compensation provided to victims of disasters,
- benefits paid to care for a disabled citizen,
- travel money or funds provided in connection with moving to work in another area,
- survivor's pension,
- money paid as disability or injury benefits,
- childbirth benefit,
- a number of other payments.
If a person’s income does not relate to any of the above points, the bailiff can write them off regardless of whether they are stored on the card or in the account.
An employee of a government agency charged with executing court decisions cannot always determine the nature of the capital stored in a bank account or card. For this reason, there are frequent cases of withdrawal of capital, the use of which for forced repayment of debt is impossible.
If a person is faced with the fact that they have begun to write off funds provided as compensation for the loss of a breadwinner, or other types of income that bailiffs do not have the right to use to force the repayment of debt, it is necessary to urgently file a complaint. The document is sent to the FSSP. The complaint must be accompanied by papers confirming that the type of income cannot be written off from the card or account.
