Publications, 14:50 27.01.2012

The right to debt: the addition can hack the door in the absence of the owner

Context

Being a debtor is easier than simple: the inadvertent paid "communal", transport or land tax, alimony, prosecution to return mortgage or other bank credit. If it was not possible to pay off the debt voluntarily after its recognition by the court, you need to prepare for communicating with the bailiffs of the performers. Including their coming "to visit" to the house.

What makes the law, and what rights and guarantees are in debtors? We will analyze the very following fAQarising in practice.

"Will we disappear peaceful"

Strictly speaking, even if your "business" fell into hand bailiffs- Folders, there is still a chance to disperse peacefully, without the use of measures forced execution of the court decision. According to the law, in cases of recovery of debt, the first-case has established the term of voluntary fulfillment by the debtor of the requirements contained in the executive document. Such a term is indicated in the decision on the initiation of enforcement proceedings and may not exceed five days (Article 30 of the Law "On Enforcement Proceedings"). The countdown begins from the day when the debtor received a decree.

In practice, there are often complaints: no "Agenda" did not give us anything on hand, we did not sign documents on obtaining a resolution ... Keep in mind: in fact, the law does not require that the decision on the initiation of enforcement proceedings was certainly awarded to the debtor personally. In accordance with Part 17 of Article 30 of the Law on Enforcement Proceedings, a copy of the decision is sent to the debtor at the address specified in the executive document. As a rule, we are talking about the address of the registration at the place of residence ("Registration"). "If a citizen has not informed the registration authority to change the address of the place of residence or the place of stay, then the correspondence is sent at the last well-known address, and the debtor is also considered notified," the first deputy director explains Federal Service Bailiffs (FSSP) Sergey Sazanov.
Those who did not have time (could not) voluntarily repay the debt to the specified period, waiting for financial sanctions. Namely: in addition to the amount of the debt, you will have to pay the performing fee in the amount of 7% of the amount to be recovered.

"Open the door!"

By general rule Bailiffs can perform executive actions on working days from 6 am to 22 hours (Article 35 of the Law "On Enforcement Proceedings"). "Torture" the debtor at night and on weekends is permitted only in exceptional cases, not tolerance: when the court decision is fulfilled related to the holding of elections, expulsion of foreigners outside the Russian Federation and so on. (Part 3 of Article 35). Situations with the recovery of monetary debt to such cases do not belong.

The "sick" question about the visit of the houses is solved as follows. According to Article 12 of the Law "On the bailiffs" bailiff has entitled "to enter the premises occupied by debtors or belonging to them, produce the inspections of the specified premises and ... if necessary to open them." In other words, the law allows backed up the door if the debtor refuses to open it. And also the addition can visit and "reveal" housing in the absence of the debtor.

For the entrance to the apartment (house), without the consent of the debtor, the bailiff is enough to have a written permission of the senior bailiff (paragraph 6 of Part 1 of Article 64 of the Law "On Enforcement Proceedings"). And with the arrest of property, which should be seized and implemented to repay the debt, the presence of understandable (part 5 of article 80 of the same law) is required. The act of imposing arrest is signed by the bait, understatement and other persons who were present at the arrest, including the debtor (if he was at home) or by other households. Failure to sign "in protest" will not play a special role: in the act simply the corresponding mark will be made, which does not detractive its strength.

What can pick up?

In the federal service of bailiffs explain: it is assumed that in the apartment where the debtor lives, he can belong to any things. Best from this, the bailiffs begin to describe any property in housing, which is allowed to impose a penalty. In such a situation, the relatives of the debtor and other residents to defend the rights to their own things, you need to go to court with a claim for the liberation of property from the imposition of arrest or exclude it from OTICI (Article 119 of the Act "On Enforcement Proceedings"). At the same time, it will have to prove the belonging of things: with the help of receipts, contracts, testimony, etc.

As for the list of property, which cannot be drawn, then it is listed in Article 446 of the Civil Procedure Code of the Russian Federation. The "Non-accumulated" things of the CCP refers, in particular, food and money "for a total of an equally established value of the subsistence minimum of the debtor's citizen himself and persons on his dependence"; "The objects of the usual home furnishings and consideration", individual use (clothing, shoes, and others), with the exception of jewels and other luxury items.

The debtors often have any questions: can the refrigerator, a kitchen stove, washing machine, computer? The FSSP responds that the first two "aggregates" are recognized as necessary to maintain normal vital activity, so they are usually not included in the inventory of property for arrest. The washing machine can calculate the "vital necessity" if there are small children in the family and (or) the debtor is disabled. Computer, alas, most likely arrest. There is a chance to achieve its conservation if the PC serves for a debtor "tool production": that is, when a citizen officially has the work related to the fulfillment of tasks on a computer at home (designer, a programmer working "on the remote", etc.).

As for the housing itself, according to the general rule, it cannot be arrested and seized if it is the only one suitable for permanent residence Debtor and members of his family. However, remember excluding: if the apartment or the house is acquired by mortgage, they are easily arrested and transmitted to the implementation in the event of a mortgage loan debt.

Anna Dobrubuha

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Problem

The bailiff came home and said that in a month it would come to describe the property. He said that he would describe everything even sofa, cabinets, etc. 1. I am not the owner, but only registered. 2. Lives an apartment in the second room, how can it protect your property? 3. What exactly can the bailiffs be described? (Cabinets, bed, sofa, TV, etc.) 4. If there is a document that the technique is bought by parents and there their signature and full name on the warranty coupon, can they pick these things?

Decision

Hello, Paul!

In your situation it will be useful to know which property can not arrest bailiffs, here is the reference to the article of the Civil Code of the Russian Federation, as well as the collected material.

Article 446 of the Code of Civil Procedure (Civil Procedure Code) of the Russian Federation, it is quite popular to describe all types of property owned by the human property regarding which the executive documents are not charged. Consider in detail, and what property can not arrest bailiffs:

Any prizes, honorary signs of differences and awards issued by the state.

Vehicles and other property, without which the disabled debtor will not be able to do in everyday life.

Fuel. If a person uses him for heating housing during the heating season or cooking for a family.

Cash and products. The amount of cash and cash equivalent of food should be no less established in the region of the subsistence minimum for a non-payer and its dependents.

Seeds for the nearest sowing work.

Domestic cattle and bird, bees, rabbits and other animals, as well as their feed and household buildings not used for the purpose of doing business.

Any property, the purpose of which is professional activity man. As an exception, objects with a cost exceeding 100 minimum sizes wage.

Furniture, household appliances and other home furnishings, as well as shoes and clothing. Exceptions - jewels and luxury attributes.

Residential premises / parts of these objects and land plots on which they are located. It is important that such a residential object should belong to the defaulter for property rights and be the only place to reside his family. Exception (FZ №229 "On Enforcement Proceedings") - collateral objects (for example, mortgage apartment Put the banking organization).

If the amount of debt is less than 3 thousand rubles, then the arrest is not produced.

So, you can not pick up:

1. Household items. These are those things, without which you can not do every day (shoes, clothing, food, and more). It should be noticed that the law in this matter is not perfect. Due to the fact that there is no clear list of household goods, bailiff can describe your washing machine, microwave and other household appliances. They just consider these luxury objects that can be arrested. Nevertheless, if you think that these are things in which you need constantly, apply to the court. It is free and, most likely, at least partially satisfied.
2. Property that is an integral part Your earnings. For example, if you are a taxi driver, then you cannot pick up the car, or if you earn with a computer and you can prove it, the addition cannot with it.
3. Working cattle, bird, bees, if they are not part of your entrepreneurial activity. That is, if you do not sell it, but use as personal economy.
4. Residential area, if you have nowhere to live.
5. Property needed debtor of the bailiff In connection with his disabilities, including a specialized car.

If the debtor of the bailiff lives not one

If the debtor of the bailiff lives in the apartment not one, then your property should be clearly separated from the property of the cohabitants. That is, it is better that for the technique that is in the house, but not purchased by you, there were documents or a guarantee where the name of your cohabitant as the owner is indicated.

If you live with a spouse / spouse, you can remove only part of the property belonging to the debtor of the bailiff. If you have two TVs in the house, only one can pick up, if one washing machine and one computer, because they will not share them in half, only one will take them. But this should not contradict the list of things that cannot be seized.

You must knowthat bailiff must notify the debtor about the visit. At the same time, the bailiff is not obliged to make sure that you have received a notice.

Which is prohibited by the bailiff

1. The bailiff may appear only from 6 am to 22 pm.
2. Even at this time, the baits is not right to appear in the debtor if:
   • it threatens the health and life of the debtor of the bailiff;
   • if the debtor performs the requirements of forensic execution;
   • the debtor has a court permit for a delay.

And also, you should know that the recovery of the debtor's property is from his arrest (inventory), seizure and forced realization of property.

Arrest. Inventory property occurs in the presence of two witnesses. The arrest of arrest establishes a bailiff. After the arrest, the debtor has no right to carry out any manipulation with this property. Usually, this is done so that the debtor redeem the debt. It happens that either arrested property left on the territory of the debtor, and the bailiffs are deposited. The act of arrest is compiled in two copies, one is transferred to the debtor under the painting. Maybe the third act if the property is transferred to storage somewhere.

Seating property of the debtor With a view to its further transfer to implementation, it is made on the act on the withdrawal of the arrested property. As well as the acts of inventory and arrest of property, the act of seizure of property should be drawn up in the presence of understandable and signed by understandable.

Decision

Good day!

You write: "Lives an apartment in the second room, how can it protect his property ":

If the bailiffs come to you in the apartment and put an arrest on the property that is in the apartment, then it will need to be addressed to the court with a statement about the exclusion of property from Owic and removal of arrest. However, it is not for all the property to impose an arrest. And in court it is necessary to prove that the arrested property belongs to him or maybe someone else, but not the debtor. But it is better not to bring this situation. As soon as possible, contact the court and the claim for the removal of this person from the registration accounting.

Decision

Hello, Paul,

as for the legality of the actions of SP,

in this case, bailiffs can enter the apartment and describe the property, as the debtor will be accommodated there according to registration. And registration at the place of residence in accordance with the current legislation is a place of permanent residence, regardless of the availability of ownership residential premises. And the place of residence involves the presence of personal belongings. And if this still happens and the bailiffs will produce in the apartment where the debtor is registered inventory property, then the property belongs to other persons in this arrested property, they will need to go to court lawsuit On the release of property from arrest and exclusion from OTICI. In proof of property belonging to them, of course, checks and testimony are also suitable.

tell me if the owner has a residential rental agreement with an apartment, which indicates that residential premises are provided without furniture and technology?

As for the most inventory itself,

the procedure for the recovery of the debtor's property is described in Art. 69 FZ "On Enforcement Proceedings", according to which:

The recovery of the property of the debtor on the executive documents is primarily to its cash in rubles and foreign currency and other values, including those in accounts, in deposits or by storage in banks and other credit organizations, with the exception of money debtors who are on the collateral, nominal, trading and (or) clearing accounts. Declaration of the Debtor's money in foreign currency addresses in the absence or insufficiency of his funds in rubles.

In the absence or failure of the debtor of money, the penalty appeals to other property belonging to him on the right of ownership, economic management and (or) operational management, with the exception of property seized from turnover and property, which in accordance with the Federal Law cannot be addressed Recovery, no matter where in which actual possession and (or) use it is.

According to the provisions of Art. 446 Code of Civil Procedure of the Russian Federation Recovery on executive documents cannot be addressed to the following property owned by a debtor citizen on ownership:

residential premises (its part), if for a debtor's citizen and his family members, together living in the premises, is the only room suitable for permanent living, with the exception of the property specified in this paragraph, if it is the subject of mortgage and on it in accordance With mortgage legislation, recovery may be drawn;

(Land plots on which the objects specified in the paragraph 2 of this part are located, with the exception of the property specified in this paragraph, if it is the subject of mortgage and on it in accordance with the mortgage legislation may be recycled;

objects of the usual home environment and consideration, things of individual use (clothing, shoes and others), with the exception of jewels and other luxury items;

the property required for professional debtor's professional training, with the exception of objects, the cost of which exceeds the minimum wage established by the federal law;

used for purposes not related to the implementation of entrepreneurial activities, tribal, dairy and working cattle, deer, rabbits, birds, bees, the feed necessary for their maintenance to pastures to pastures (departure for an apiary), as well as household structures and structures necessary for their content;

seeds required for the next sowing;

food and money for the total amount of an equally established size of the subsistence minimum of the debtor's citizen himself and those in his dependence;

fuel, needy family debtor's citizen to prepare their daily food and heating during the heating season of their residential premises;

means of transport and other citizen-debtor in connection with his disability property;

prizes, state awards, honorary and memorable signs that a citizen debtor awarded.

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That they can pick up bailiffs for debts

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Bailiffs for enforcing debt repayment have the right to draw the property of a non-payment for recovery. The property is withdrawn precisely in the amount that is necessary for the full payment of debt and executive actions.

The procedure for applying forced treatment of property is described in detail in chapter 8 of the Federal Law on Enforcement Proceedings. Today we will respond to frequent questions about the fact that the bailiffs may remove the debts.

What property addresses first of all?

First of all, the bailiffs are withdrawn from bank accounts deposits in rubles. If a materials In rubles is not enough, the penalty is directed to foreign currency and precious metals.

The recovery of the property of the debtor on the executive documents is primarily addressed to its cash in rubles and foreign currency and other values, including those in accounts, deposits or by storage in banks and other credit institutions, with the exception of the debtor's funds located on a collateral, nominal, trading and (or) clearing accounts. Declaration of the Debtor's money in foreign currency addresses in the absence or insufficiency of his funds in rubles.

Part 3 of Art. 69 Federal Law of 02.10.2007 N 229-FZ

What if funds are bank accounts Not enough to pay off debt?

In this case, the ownership of the debtor's property by bailiffs is made. Property will be transferred directly or implemented to pay off debt.

In the absence or insufficiency of the Debtor of money, the recovery appeals to other property belonging to him on the right of ownership, economic management and (or) operational management, with the exception of property seized from turnover, and property that in accordance with the Federal Law cannot be There is a recovery, regardless of where in whose actual possession and (or) use it is.

Part 4 of Art. 69 Federal Law of 02.10.2007 N 229-FZ

What can take bailiffs for credit debts by the court decision?

The property that a non-payer can lose for credit or any other debts in the absence of necessary funds, it can be both drivers (machine, machinery, jewelry) and real estate (house, share of the apartment, land plot).

Can bailiffs pick up the car for debts?

Yes. FSSP has the right to pick up a car if the material means are missing for repayment of debt on bank accounts. The car is wung and sell, and the reversed means will switch to the recoverer. The vehicle will not be taken only if it is necessary for a disability debtor or is the only means of earnings.

What are you not allowed to describe bailiffs for debts?

Article 446 of the Code of Civil Procedure of the Russian Federation dated 14.11.2002 No. 138 lists a complete list of the fact that they cannot pick up bailiffs for debts. These property includes:

The only housing that belongs to the defailer (unless it is an apartment on which he stopped paying a loan);

Household items and equipment that are necessary to provide household needs;

The exact definition of what refers to the subjects of everybody in the legislation is not. But most often they include such things, without which the normal life is impossible. So, the bailiffs cannot pick up a bed, a table, kitchen utensils, bedding and bath accessories, plumbing, lighting devices. Instead, they smear carpets, paintings, collectible sets, expensive books, decor items and other things that belong to luxury items.

As for home appliances, it all depends on whether the debtor will be able to prove that it is necessary for him. For example, the washing machine is unlikely to be wung away from the disabled person or an elderly person who is difficult to erase with his hands. But the home theater, the e-book and the game console for household needs are not needed, so they are most likely the bailiffs are wound.

Personal belongings (if only they do not belong to luxury subjects);

Bailiffs do not describe clothes, shoes and other personal belonging things, but they have the right to pay for jewelry.

Things that are needed for work (if their cost does not exceed 100 minimum wages);

Products and money in the amount of the subsistence minimum of the debtor and family members they provide;

Delay payments I. large debt On loans or utility bills can lead to the fact that sooner or later the Bank will sue the debtor. If after court proceedings a person will not pay off his duty in a voluntary order or not agree with banking organization On the restructuring of debt, the judge will form an order for the arrest of the debtor's property, and the case will be transferred to the bailiffs. First they will call or write letters to a person who owe money to the bank. If the debtor does not come to contact, the bailiffs will come home to him to remove valuable things to pay off debt. The people who have suffered such an unpleasant fate are usually trying to find information about what property is not to be arrested by judicial bailies, how to avoid confiscation of certain things and what to do if the arrest has already happened.

Basic information

To understand whether the law of the bailiffs have to arrest one or another type of property, the debtor needs to explore the current legislation Russian Federationin which it is clearly spelled out by the authorities who are executing judicial orders can possess. All information on what can and that the employees of the Federal Bailiff Service (FSSP) cannot be collected, indicated in 446 article Civil Code RF I. Federal laws Under the numbers 118 and 229. After the property is withdrawal occurred, the bailiffs have the right to put it on sale to repay a loan or other debts.

The property

FSSP employees do not have the right to pick up the only housing among the debtor, in which he lives himself and his family. Also, bailiffs cannot arrest the land on which the house is located, which is the only place for living in a person who has a debt to the bank. The exception is the property in pledge (for example, an apartment taken into the mortgage), or provided by residents under a social hiring agreement.

In cases where the debtor has several real estate objects, they can be imposed arrest, but at the same time the amount of existing debt must be comparable to the cost of real estate. For large debts accumulated for utilities, FSSP staff can withdraw the debtor's apartment and provide him with a living room with less square and less comfortable living conditions.

Transport

Car enthusiasts are usually interested in the question, whether the law of the bailiffs take the domestic or foreign car for debts. Car owners need to know that with large debt on vehicle The arrest is superimposed. This means that the owner will be limited to the rights of his own car, will not be able to ride it, sell, give it to another person and even break. Confiscation of transport can not be carried out in the disabled debtors moving with the help of a car. It is also impossible to put arrest on the car, which is the only source of income of the owl person.

Other types of property

Debtors also need to know whether bailiffs can pick up a refrigerator or other household appliances, furniture, personal belongings, etc. Most of the so-called "movable" property are not subject to withdrawal or arrest. There is a whole list of things that under no circumstances can arrest judicial bailiffs. FSSP employees have no right to take:

the debtor's clothes and shoes (it is impossible to distinguish even expensive fur coats, if the bailiffs still took the mink mate, not subject to arrest, it is always possible to challenge their actions in court);

• objects of everyday use;
• personal hygiene products;
• home furnishings;
• furniture;
• food;
• any state and sports awards, prizes, premiums, honorary signs, etc.;
• religious items (icons, spiritual books, etc.);
• the property by which the debtor receives the main income (for example, a computer, if the main work of a person is associated with a set of text, or a musical instrument, if its owner works a professional musician), the exception is only that property, the cost of which exceeds 100 minimum pay labor size;
• the items used by the children of the debtor (if a schoolboy's child uses a computer or laptop to study, take these electronics items forbidden);
• household appliances needed to meet the basic needs of a person (refrigerator, kitchen stove, etc.);
• agricultural cattle (chickens, cows, pigs, etc.), which is divorced for its own needs, and not for sale, as well as the construction and feed necessary for the content of livestock;
• seeds for landing;
• fuel (firewood, etc.), necessary for heating at home and cooking;
• property required for disabled people (wheelchairs, vehicles, etc.);
• the property belonging to the debtor, and his family members - parents, brothers, sisters, etc. (so that the bailiffs did not take the property of people living with the debtor in the same apartment, for each valuable thing you need to have checks, cash holders, sales contracts and other documents confirming the right of ownership).

Despite the fact that many items according to the law cannot be removed from the debtor, there is another list in which the property to be arrested is included. Bailiffs can pick up:

• luxury items, if their real cost is close to the size of the arrears formed (antiques, genuine paintings of famous artists, expensive vase vases and other similar things can always pick up state bailiffs);
• jewels and jewelry (they should also be comparable to the amount of debt);
• household appliances, without which a person can do theoretically (microwave oven, a multicooker, a juicer, washing machine, etc.), while challenging such a decision of the baits can always be in court, for this purpose it is necessary to prove that there is no normal existence without seized items. accommodation in the apartment;
• household appliances available from the debtor in double or triple quantities (if there are two refrigerators or televisions in the apartment, the bailiffs have the right to pick one of them, while most likely they will choose a more expensive option, and not an old or broken object of household appliances) ;
• purgeted pets (dogs, cats, etc.) having a high cost (the arrest of such a living property by bailiffs is possible only if there are conditions for the content of domestic animals).

If spouses lead general farmingAt the same time, one of them is a debtor, FSSP employees can impose arrest to jointly acquired property. The exception may be the situations where a person did not know about the presence of a loan from his spouse or spouse (although it is possible to prove in practice it is extremely problematic).

Money

People receiving wages by cashless listing, also try to find out if legal bailiffs can arrest credit card. To the unfortunately debtors, funds in bank accounts are one of the first positions subject to arrest for the rendered judicial order. FSSP employees can pick up the debtor:

• cumulative contributionsstored by debit cards or savings books;
• part of the wages, while the bailiffs can take no more than 50% of the salary, and the residue on the map should be at least one subsistence minimum established by the government in a particular region (if bailiffs try to arrest all salary map, their actions will be found illegal);
• funds in the accounts of debtors who are engaged in operations on the currency exchange.

Bailiffs are usually not even trying to find out where money comes from the debtor's card. Therefore, in most cases, the entire amount available to the owl person is written off, which can sometimes exceed the debt itself. In such situations, the debtor must contact the FSSP office and write a request to return part of the funds (the return procedure can last several days, then the money will come to the arrested account).

It is necessary to enter the same way if the bailiffs arrested an account for which alimony received, benefits for children, benefits for the loss of the breadwinner, compensation for the damage to life and health, subsidies and others social payments (by law on these cash arrivals The arrest should not be distributed). At the same time, the debtor will have to not only compile a statement, but also to prepare documents confirming that the funds on the map are social benefits.

Pensioners who have debt on loans and utility payments are also interested, whether the right public bailiff has a fully or partially arrest retirement. Despite the fact that this payment comes to the elderly and disabled from the state, FSSP can put arrest on it. At the same time, to withdraw more than 50% of the pension and leave the amount less than the subsistence minimum.

If the bailiffs completely arrested the existing salary card or a card on which a pension came, without leaving on it the minimum allowed amount, a person will also have to contact the FSSP with a request to remove the ban on the use of part of the arrested means. As evidence that the money lying on the card was wagesIt will be necessary to make references from accounting at work.

If the debtor card is empty, and cash has been found in the apartment, FSSP employee has the right to withdraw them. At the same time, a person who has debts needs to know how many money can pick up the bailiffs. The amount seized cannot exceed the volume of accumulated debt, and the residue cannot be less than one subsistence minimum.

Illegal action of bailiffs

In some cases, the arrest of the debtor's property by bailiffs is held illegally. FSSP employees do not take into account those or other items, do not pay attention to the life of a person and arrest all valuable things (even those that are not subject to arrest) without parsing. In such situations, a citizen whose rights were violated, it is necessary to go to court, presenting their claims in the statement. Representatives of the Court will check and find out whether the actions of the baits were illegal. Justice will get every person, the main thing, can and want it.

What to do?

Many people from one mention of bailiffs fall into panic and do not know what to do next. But in order to avoid the forced arrest of property, the debtor needs to come to contact with FSSP and discuss the amount of debt quenching options due to non-payment of the loan or communal services. A person who wants to peacefully resolve the dyeing question, you need to try to discuss the possibility of debt restructuring and installment payments. When eliminating debt, bailiffs will stop executive production And they will withdraw arrest from the described property. Girl and regulations are prescribed, and the bailiffs can pick up, practically any property that can be installed market value For a specific period of time. The thing is that it does not make sense to complain about them, except for cases of frank faithful. And so, they fulfill their actions by court decision. They even take up to the carpets and jackets, the real fact, at my testing that did not pay a loan, took the winter jacket, besides other things from furniture and electronics. So it is impossible to relax with them.

Several stupid and legislation and bailiffs in general and the execution procedure in particular. As usual, our state is able to take a simple workman, who receives a pension or wage on the card and has accumulated money on TV and an old VAZ. With professional fraudsters and thieves never get anything to compensation (I apologize for the tautology). A similar situation with homeless and tuneaders. At the same time, it is even terrible to imagine how much the state (that is, us) is spent on the content of the bailiff service (well, to a heap of customs officers, the TPP tax authorities).

1. You are right, can describe everything, not even listening that debts are quenched and regularly paid. He experienced. I'm not at the age of arguing with bailiffs, and that it will be a sense to argue, it will not be in our favor. The state is robbed and everything comes from the hands, and with a simple pensioner or working glad to remove the latest ports. Circumstances are different that you have to take a loan, but the bailies are not affected by us, they have work and they perform it.

   For loans you need to pay, for the communal, too, or you, sir, all for free.

   1. GUNTER, SLIDE TO WEAT or in America and there is GUNDi !!!

Secondly, you should know that the bailiffs are authorized to impose an arrest on property that belongs exceptionally belonging to the debtor. This fact requires verification in the same way.

Many residents of Russia have big debts. Every year, the total amount of loan debts only increases, as well as at housing and communal services, unpaid fines etc. When a person does not pay a debt for a long time, everything can end the arrest of property. To get out of it with minimal losses, it is important to know that they can pick up bailiffs, and why told no right.

The work of the Federal Bailiff Service (FSSP)

All that the bailiffs may be made for non-payment of a loan or other debt, described in FZ No. 118 and FZ No. 229. There are also described all their responsibilities and rules of work. The debt recovery process occurs in several stages:

1. Direction by creditor statement in FSSP.
2. Transferring an application.
3. Establishing a 5-day term for paying debt if the application is submitted for the first time.
4. The work of the property owned by the debtor.
5. Property confiscation and its sale.

The total execution time takes about 20 days. Sale of things in some cases can occur very quickly or delay even for several months.

Property evaluation

Representatives of FSSP can clarify a convenient time for a visit, but they come to have the right exclusively on weekdays from 6 to 22 hours. They independently produce property assessment, if the approximate cost of things is less than 30 thousand. When things are present in the apartment, the cost of which is above 30 thousand, the bailiffs should attract a specialist who can give an accurate assessment.

If the owner disagree with the assessment, then he will have 10 days to appeal against the decision of the attachments. The FSSP is then prepared for the withdrawal and sale of property.

When repaying the debt, non-sale property can be returned

Return

If things have not been sold yet, then when paying for debt is allowed to pick up your things back. To do this, you will need to come with a tack to the baptism, which is engaged in this case. Immediately after checking the receipt of funds, the Decree on the sale of property will be canceled.

If part of things has already been sold, then even with full payment of debt, it will not be possible to return it. Only the option of buying these things in new owners will remain.

How to save property

Even if the inventory was already compiled, and things are removed, you can get an extra time to return it or leave if the bailiffs have not yet come. However, it is necessary to have a valid reason for which the court will give a delay to pay or allow it to be made by parts. If a positive decision is made, then it should be applied to the FSSP, so that the arrest is removed, and things could be taken home.

If there are other people's things in the apartment, then the owner will need to show sticks checks or other evidence of ownership (for example, a contract of gift or gratuitous rental). For joint accommodation With another person you also need to separate your things in advance to avoid inventory of someone else's property. If the spouses have shared property, it is not subject to inventory, so such things will be saved by the owners.

Many people are in a state of confusion when bailiffs are knocking onto the door, and they do not follow the fact that inventory and further arrest. In the law, it is clearly spelled out that they can put an arrest of workers in this service. If the bailiffs violate this law, including the list of things that do not have the right to render, you need to pay attention to this and require the exclusion of the corresponding things from OTICI.

Things permitted for seizure

You can include on the list for arrest you can only a limited number of things, without which a person can continue to live and work. What can withdraw:

• household appliances (anyone available in two or more copies, as well as a washing machine, if there are no children in the family, and not necessary microwave ovens, mixers, multicookers, etc.);
• furniture (valuable, which will be sold);
• electronics (TV, computers, tape recorders, etc.);
• real estate (second apartment, country sites, garages, etc.);
• pets (only pure, if there are conditions in order to contain them);
• car (with the exception of work vehicles, such as taxis);
• cash (with the exception of the subsistence minimum in the debtor and each dependent, as well as some other conditions that will be described below);
• luxury items (antiques, paintings, etc.);
• jewels (jewelry, decor items with precious elements);
• other things that do not fall into any category for disabled.

The debtor remains right to decide which things to give apartments. You can do this with the application. For example, he has the right to ask for tv, and leave the washing machine.

Prohibited for seizure

If a person fell into a situation where in the near future, the bailiffs will be made an inventory of property for seizure, it remains only to carefully examine the law in order not to lose very important things for themselves. Some people faced unscrupulous employees of the FSSP, which took the essentials of the need, depriving the debtor the possibility of earning and normal conditions for life. Therefore, it is important to know that they do not have the right to take the bailiffs.

The property

No bailiff can pick up the apartment, if she is the only one and the debtor lives in it. They also have no right to put arrest on the second apartment if it is equity property With other people, but then the first one can be described. The exception is mortgage debt - in such a situation you can take the only apartment.

Unnecessary housing is not subject to arrest in which the debtor lives

Transport

Transport is not subject to arrest, which uses or owns a disabled person. Also cannot withdraw car transport, which is a means of earning for taxi drivers, truckers, couriers.

Working property

Any thing that is used in work remains in the apartment. So, bailiffs do not have the right to pick up a computer from a web designer, a site developer or mounting, like any other items that are part of the workflow. But this concerns only those things whose cost does not exceed 100 minimum wages.

Appliances

It is forbidden to describe the household technique that is used to meet basic needs. It includes: refrigerator, gas (or electric) stove. In the presence of small children, a washing machine gets under the ban for arrest.

Kids' things

L. the bube used by the child is not subject to withdrawal. Bicycle, stroller, bed, toys - all this does not fall under inventory. If the child needs a computer to perform training homework, it will be excluded from the list of arrest.

Skot

Rabbits, chickens, cows, etc., grown for family needs, are also not subject to arrest. These include various buildings, feed and objects for their content. The exception is only the use of cattle in business activities.

Personal things

Bailiffs are obliged to leave the debtor all personal belongings (shoes, clothing). Over the exception, only brand expensive and collectible items that will be able to sell are falling. The same category includes personal hygiene, cosmetics and perfumery.

Awards

Sports prizes or state awards should also be excluded from OTICI. These include: Cups, signs of differences, premiums, diplomas, etc. Even those that can represent a big monetary value. But all the rewards that have suffered inheritance can be arrested and sold.

Religious subjects

All things carrying religious significance are prohibited for removal of debts. Icons, church books, clothing, etc. Even with a large cash value will be left in possession of the debtor.

Food

FSSP workers have no right to render food, even if they represent a large cash value and were not opened. This can also include seeds used for sowing when the debtor uses grown vegetables for personal use.

Fuel

It is forbidden to take all kinds of fuel (gasoline, firewood, etc.)If they are required for cooking or home heating.

Things need for disabled

If the debtor's disability was established, the bailiffs are obliged to leave a wheelchair, crutches, a vehicle used to move to work or to the hospital, and other things used by him.

Not all debtor money is subject to arrest

Can make money

Money is the first thing that the FSSP employees will pay in working with a person with a loan or any other debt. First, they will send requests to banks to establish the availability of accounts and cash, because It is much easier and faster to arrest money, rather than pick up the property and sell it.

As already mentioned above, the bailiffs can arrest money, but leaving the law living wage For the debtor, as well as for everyone who is in dependency on him. total amount Arrest should not exceed half of his wages.

1. Baby allowance or alimony, maternity capital.
2. State payments to people who have children.
3. For injury gained in the performance of official duties, as well as for the dead family members under the same conditions.
4. Pension payments due to the death of a single breadwinner, as well as cash deductions as a compensation of loss.
5. For harm that was caused by health.
6. Compensation for victims of man-made or radiation catastrophes from budgetary funds of the Russian Federation, as well as federal or local budget.
7. For care of one and more disabled person from government budgets.
8. Insurance deductions for mandatory social Insurance (In addition to pensions, including disabled, and payments for short-term disability).
9. Various payments to certain categories of citizens in the form of compensation for buying any drugs, travel and other financial costs.
10. Compensation payments by the employer under the labor law (travel, wear of personal instruments, translation to another region for work, death of relatives, marriage registration, childbirth).
11. Soc. The allowance for the burial of the deceased.
12. Material assistance from an internal or foreign budget due to a natural disaster, a terrorist act, emergency circumstances, as well as payments as humanitarian aid or gratitude for assistance in preventing crimes and assistance in their disclosure.
13. In the form of compensation for paying travel documents to the place of treatment and back, both for the patient and for the accompanying.
14. Workers payments for the cost of vouchers to Russian health facilities, including payments to buy such vouchers for children (paid to persons with disabilities that either work in this institution is either a member of the employee family).

How money is withdrawn

It is important to take into account that even by agreement of funds, any of the listed categories of bailiffs can still make arrest. This is due to the fact that their responsibilities do not include the identification of sources of funds, which is why the money is blocked without parsing. In such a situation, contact FSSP with documents confirming the compliance of one of the listed categories.