What can bailiffs take away for credit debts. The procedure for the confiscation of property by bailiffs What bailiffs have the right to arrest

Due to the high level of debt load of the population, the issue of debt recovery sometimes becomes acute. Given the high degree of default, creditors turn to various services, including collectors, bailiffs, who are more assertive. In this regard, one should know exactly the powers of these workers and the consequences of unwillingness to communicate with them.

Is it possible not to let the bailiffs into the apartment

Banks and other creditors seek to return the amounts previously issued to debtors by any means. For repeated violations of the payment order and payment schedule, even extreme measures are considered, such as going to court for the purpose of enforcement.

Organizations and ordinary citizens are considered as debtors. It would seem that overdue obligations affect only the creditors themselves. However, for many defaulters, it comes as an unpleasant surprise that in order to return previously issued money, banks can easily resort to extreme measures.

Third-party help is not uncommon. Due to the complexity of the problem, there can be no definite answer. If it has already come to extreme measures, defaulters will need to take into account many nuances when looking for a solution.

Employees of the executive system can get into the debtor's apartment legally, but only if certain conditions are met. This should be remembered not only by non-payers, but also by those who live with them.

Legal illiteracy of the population often turns into unpleasant consequences for them. The bailiffs strive to fulfill the instructions received by any means. Reckless opening of the door in front of uninvited guests is fraught with an inventory and confiscation of property, which, by the way, may belong not only to debtors. You can get back your material values, but through a series of bureaucratic procedures.

Not always bailiffs have the right to get into the apartment

FSSP employees have the right to get into the debtor's apartment under the following circumstances:

1. With special permission from the chief bailiff. In this case, there must be conclusive evidence of the fact that the apartment has property belonging directly to the defaulter.
2. Depending on the type of debt of the debtor. Delay in regular loan payments is unlikely to be a reason for breaking into an apartment. It is another matter if a citizen has not fulfilled the obligation to pay alimony for a long time, does not transfer compensation amounts due to harm to the health of another person.
3. A prior warning is required. Before embarking on drastic measures, the bailiffs will need to notify the defaulter of the intended action at least twice. The notice must be sent in writing against signature. In the first notification, it is necessary to refer to the initiation of enforcement proceedings by a court decision. The second letter will contain information on the appointment of the date for the inventory of the property.
4. For the forced entry into the apartment, the presence of only one FSSP employee is not enough. You will also need district police officers, Ministry of Internal Affairs officers and attesting witnesses.

Of course, you can try to protect yourself from the unwanted arrival of employees of this kind. However, it will not be possible to evade acceptance of the handed documents for a long time. The debtor's relatives have the right not to let strangers into the apartment. But afterwards you must be ready to provide the necessary explanations.

The defaulters themselves are not authorized to fix additional obstacles to the bailiff. If there is a court decision, the best solution would still be not to conflict with representatives of the state. However, it should be remembered that unauthorized people are not recommended to open the door without appropriate documentation, including for security reasons.

The rights of bailiffs

According to the current legislation, that is, the law "On Enforcement Proceedings" dated 02.10.2007, the bailiffs have the following powers:

1. Enter the debtor's apartment without his consent, with the appropriate permission. If we are talking about eviction, then an additional order may not be required.
2. Arrest property belonging to the defaulter, seize money and securities. The seized assets must be kept in custody until a decision is made.
3. Inspect apartments and other premises owned by the defaulter.

The presence of a notice of eviction gives the bailiffs the right to enter the apartment without the owner's request

A visit to an apartment by bailiffs must be accompanied by the presentation of an official ID, documents for the right to enter. FSSP employees must introduce themselves without fail. The absence of at least one of the conditions makes it possible not to open the door; in the event of conflict situations, it is allowed to call the police. If the actions of the employees are regarded as unlawful, the debtors have the right to file a complaint.

Whether to let the bailiffs in if the debtor does not live at the place of registration

Non-payment claims are presented to the relatives of the debtors, including those living in the same living space. In such situations, you should know whether it is possible not to let the bailiffs into the apartment, if there is nothing to do with the existing problems.

If there are no claims from creditors personally to the owner, then you may not be allowed into the apartment. It does not matter whether the debtor is registered in it or not. There is a danger that officials may unlawfully confiscate things that do not belong only to the debtor. But later you need to be ready to prove your case and prepare explanations.

And yet it should be remembered that unauthorized people, including FSSP employees, are authorized to enter the apartment without the knowledge of the owners only on the basis of an appropriate court decision. Any other demand will be considered illegal.

What will happen if you do not open the door to the bailiffs

Unforeseen circumstances can arise in the life of every person. Hardly anyone can say with confidence that this will not happen to him in the future. Therefore, if the debtor nevertheless violated the rules for repayment of obligations, you need to be prepared for everything, including a meeting with the bailiffs.

Let's say the owner didn't open the door. We can say with confidence that there will be no unpleasant consequences if the employees of the FSSP do not have the appropriate permission. However, if they came to you with a decree issued by the chief bailiff, it is still better to let the intruders in. Otherwise, more stringent measures can be applied, up to forced entry.

The owner of the apartment where the debtor is registered, but does not live, has the right not to let the bailiffs

It is worth noting that before deciding to open an apartment, the debtor must be notified of this at least twice. In addition, the presence of a district police officer, police officers and the presence of at least 2 attesting witnesses is required.

If the purpose of the bailiffs is to confiscate property, it will be necessary to prove that not all material values ​​belong to the debtor. The owners can be relatives and neighbors of the defaulter. It would be nice to prepare documents for expensive property. In some cases, testimony in this matter is also taken into account.

It often happens that the debtor does not live at the registration address. In order to avoid unnecessary confiscation of other people's assets, it is worth writing a statement addressed to the head of the FSPP department indicating the place of stay.

So, if the bailiffs came:

1. Try not to interfere if they have permission.
2. Prepare documents for the property in advance.
3. Closely follow the process, record disagreement on controversial issues in writing.
4. Sign acts of inventory and seizure of assets.

In no case should you be rude to the authorities. It is important to remember that differences of opinion can be resolved in court.

The bailiffs have the right to force the opening of the home. But this is seen as a last resort. In order to avoid unpleasant situations, you should try to resolve the open conflict peacefully, including negotiating the terms of debt repayment with creditors.

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What to do if the bailiffs came

If you do not repay the loan for a long time and avoid contact with the creditor bank, then be prepared for the bank to transfer your case to collectors who will also try to convince you to pay off the loan debt. After the calls and visits of the collectors, a much more serious meeting with bailiffs awaits the hard-core defaulters.

In cases where neither the bank nor the collectors were able to achieve a result, your case will be taken to court and, most likely, enforcement proceedings will be initiated on it, aimed at enforcing debt collection by the Federal Bailiff Service. Here it will no longer be possible to avoid a meeting simply by ignoring phone calls or renting an apartment in another area, the bailiffs will come to your home and try to reimburse your debt at the expense of your property. Let's try to figure out whether the bailiffs can take your property and what the bailiffs do if there is not enough property to pay off the debt.

Overdue loans are not the only reason why bailiffs may come to you. Any debt that the court has decided to recover from you - unpaid alimony, utility bills or taxes, can be a reason for initiating enforcement proceedings by the FSS. Often, a prolonged debt hole leads citizens to the fact that they are wanted for several reasons at once.

Powers of bailiffs

Bailiffs are ordinary civil servants who are involved, among other things, in enforcing court decisions to recover property from debtors against debt. The actions of bailiffs are strictly regulated and have a certain framework. At the same time, it must be remembered that the decision of the bailiffs to come to your home and start listing the property cannot be arbitrary, if the bailiffs came, then this means the execution of a specific court decision in your regard.

Therefore, the first thing you need to start communicating with is to find out if the bailiffs can come to you at all, for which you immediately require them to present the certificates of the FSSP employees and the court decision. If such documents were presented to you and the enforcement proceedings really have grounds, then it remains only to make sure that the actions of the bailiffs are carried out within the framework of their powers and you do not become a victim of the negligent attitude of the bailiffs to their official duties.

Please note that according to the current legislation (Article 35 of the Federal Law "On Enforcement Proceedings"), the bailiffs are not required to warn the debtor about the upcoming visit. But they also cannot come to your home in the middle of the night - only at times strictly limited by law - from 6 o'clock on the tour until 22 o'clock in the evening.

What can bailiffs do to enforce a judgment:

• receive from debtors the information they need, including personal data, as well as check their identity documents;
• enter and inspect the premises belonging to the debtors, or, if necessary, open them;

  In fact, this means that if the debtor does not open the door to the bailiffs, then they can break it and enter the premises forcibly.

• in case of resistance to the lawful actions of bailiffs, the use of special means and even firearms is allowed if the life of the participants in the enforcement proceedings is threatened;
• summon citizens to the FSSP according to executive documents;
• check financial documentation in the accounting department at the place of work of the debtor;
• arrest, seize and transfer for storage the property of the debtor;
• sell seized property;
• arrest funds in accounts and valuables in the debtor's safe deposit boxes in banks;
• declare the debtor, his property or children on the wanted list;

On the official website of the FSSP, any citizen of the Russian Federation can clarify whether any court proceedings are underway against him. In addition, on the FSSP website, you can immediately pay the existing debt or print a receipt for payment.

Failure to comply with the decisions of the bailiffs by the participants in the proceedings (and such orders are mandatory) may result in a fine, administrative or criminal liability.

What the bailiffs cannot pick up

Most often, in relation to the debtor, the court decides to forcibly withhold part of the wages, but for the unemployed or especially zealous deviators, decisions can be made to arrest and confiscate property belonging to the debtor. What do the bailiffs do in this case? Typically, a group of executors comes to the home of the debtor, describes the property and takes it. But at the same time, the bailiffs cannot take:

1. Household items are the things you need every day. This can be a bed, bedding, hygiene products, and so on.
2. Items that you need to earn money and you need for this. For example, a computer for a professional web designer or a car for a professional driver working on it.
3. Animals and birds of your own household that are not involved in making money, i.e. the situation is opposite to the previous point. In addition to animals, this includes bees.
4. Real estate, if it is the only living space of the debtor.
5. Means for life support and movement for people with disabilities - wheelchairs and special vehicles.
6. Things that do not belong to the debtor, if he does not live alone.

The last point is one of the most difficult, since it is often very difficult to confirm the belonging of one thing or another to another person. Therefore, if you are expecting the arrival of bailiffs, then prepare loan agreements, sales agreements and warranty coupons for your property. These documents must indicate another person - not the debtor.

In addition, you can show the bailiffs a ticket in the name of the debtor and a check for a purchase made in his absence, which can also serve as indirect evidence that the item belongs to another person.

Can bailiffs take all property from spouses? The answer is unequivocal - no! By law, married persons jointly own property, so bailiffs can only take half of the items. That is, if you have two televisions in your family, then bailiffs can take only one of them, if there is one television and a computer, then something is also one.

When the bailiffs have already arrived - the debtor's memo

So, they call at your door and present themselves as bailiffs - what to do and what is important to remember:

• Ask for your IDs and court order. Take the time to write down the data of the employees and the number of the prescription, and also fix the time of the visit.

  In no case try to hide behind a closed door - the door will be broken down, and you will be fined (at best).

• Try to find as many items as possible that do not belong to you, and that have documentary evidence of this.
• Promote and follow the decisions of the bailiffs - they rarely go beyond what is permissible if the debtor is communicative and not aggressive.
• If the bailiffs took property that does not belong to you and you can confirm this, then try to describe this property in as much detail as possible (up to the serial numbers of household appliances) and apply to the court with a statement to remove the unlawfully imposed seizure (not to the illegal actions of the bailiffs, but to remove with the arrest of property).

Thus, it is important to remember that bailiffs can take almost any item belonging to the debtor, but only if they are acting on the basis of a legal court decision. Be sure to make sure of the legality of the bailiffs' actions and do not oppose. In case of violations on their part - go to court yourself.

Many Russian citizens know firsthand that representatives of Themis often cross borders both when dealing with debtors and when performing their direct duties. Far from all people who find themselves in a difficult situation can protect themselves, since they are not entirely familiar with the current Federal legislation. This is what the bailiffs use, because they feel their absolute impunity.

If the debtor enlists legal assistance, he will be able to find out that the bailiffs do not have the right to describe. The information received will help him resist lawlessness. He will be able to take all necessary measures to reliably protect himself, his family members, as well as his property.

In accordance with the procedural code in force on the territory of the Russian Federation, bailiffs can seize far from all personal property of the debtor. There is a whole list of items (which includes real estate and other valuable property) that are not subject to judicial recovery. Also, bailiffs are not allowed to visit debtors before 6 am and later than 22 pm. Pre-executors must notify the debtors in writing about the upcoming visit by sending a notification to the postal address.

By contacting our company, Russian citizens will be able to find out what the bailiffs do not have the right to describe. If necessary, our lawyers will be present during the visit of Themis representatives. If they are found to be in violation of their job description, the lawyers will take appropriate measures: they will prepare a statement of claim to the court. ? Can bailiffs seize an apartment, credit account, etc. ? You will find answers to these and many other questions on our portal.

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Debt collection

Hello, I have such a situation, in 2017 the court ruled to collect money from me in the amount of 517 thousand for studying at a military university. In 2018, I had an installment plan at Alfa-Bank, which I fully repaid, but did not have time to close the account. And since he was a credit bank, the bank opened a loan in my name to pay off the debt in court. But since I do not work, but am a full-time student, I do not have the opportunity to pay off the debt. Today I received an SMS about debiting money from a Sberbank card. I have a question 1. From how many accounts can money be collected. 2 How legitimate is this penalty.

Alexander 07/25/2019 19:15

Can bailiffs seize a card Can bailiffs seize a credit account Which accounts cannot be seized by bailiffs

Any illegal step of the FSSP representative can be appealed within 10 days by the party, in respect of which enforcement proceedings have been opened or by another person whose rights have been violated. The claim is written to the head of the service or immediately in the form of a claim in court. Each case is considered separately, and upon proof of excess of authority, the things will be returned to the applicant.

Labor Code of the Russian Federation of 12/30/2001 N 197-FZ (as amended on 10/11/2018, as amended on 12/19/2018) of the Labor Code of the Russian Federation Article 138. Limitation of the amount of deductions from wages. The total amount of all deductions for each payment of wages may not exceed 20 percent, and in cases stipulated by federal laws - 50 percent of the wages owed to the employee. According to the Labor Code of the Russian Federation, the amount of wages withheld against debt is calculated in the following proportions: according to the law - 20% of wages; according to federal law or a court decision - 50% of the salary; exceptions to the rule (for example, alimony) - 70%. The most common rate is 50% withholding from wages on credit debt. If the borrower has children, then the amount of deduction is reduced: Having 1-2 children - bailiffs are not entitled to deduct more than 30%; The presence of a child studying at a university not on a budgetary basis - 30%. The death of a spouse and the presence of minor children - 25%. The death of a spouse and the absence of minor children - 50%. According to the law, the court cannot withhold from the following types of profit: 1. Maternity capital and other payments for the maintenance of the child; 2. Compensation for work in hazardous production or in difficult climatic conditions; 3. Compensation for harm to health received in connection with the work of the debtor (paid by insurance companies or employers); 4. Cash payments to the family of the deceased at work; 5. Payments to a citizen caring for a disabled person of group I; 6. Accruals during the period of dismissal of an employee. In accordance with the provisions of clause 12, h. 1, Art. 101 of the Federal Law "On Enforcement Proceedings" dated October 2, 2007 No. 229-FZ for benefits to citizens with children, the accrual of which is made from the federal or regional budget (including non-budgetary state funds - FSS, PFR and MHIF) cannot to be levied execution on executive documents.

Carefully read the documents in the enforcement proceedings. Take pictures of all documents in production. If you disagree with the materials of the proceedings, file a complaint against the bailiff online http://fssprus.ru/form or file a complaint through the office, the chief bailiff of your area against the bailiff, who is obliged to execute the court decision. Print on two sheets of paper, one to the institution, the second to you with a mark (date, signature of the person who accepted the application) the seal of acceptance. If you do not receive a response within 10 days, complain to the FSSP Office of your region. If you do not receive a response within 10 days, apply to the court at the place of your registration with a statement challenging the actions / omissions of the bailiff.

Saibotalov Vadim Vladimirovich 25.07.2019 20:26

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I agree with my colleague.

Fedorova Lyubov Petrovna 26.07.2019 09:25

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bank card arrest

Hello! I got into such a situation with bailiffs, they filed a lawsuit against me for debts on public services and the bailiffs arrested my card and wrote off the money, but the card is a university card, it receives state benefits and social benefits for the loss of a breadwinner, I am an orphan and this my only and main income, they wrote off and left nothing for existence! I try to pay utility bills as much as possible and it is not always possible to do this, tell me how to be! Do they have the right to do this and can they get their money back !?

Christina 04/26/2019 14:50

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Dubrovina Svetlana Borisovna 26.04.2019 15:04

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lawful actions of the bailiff

Does the bailiff have the right to come to the house with the collector and on the first day of the meeting (for the first time communicated with the debtor) immediately apply extreme measures? Withdraw the property and the next day at the enterprise deduction of 50% from the salary.

Natalia 04/03/2019 13:58

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Dubrovina Svetlana Borisovna 15.04.2019 16:38

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Natalia 04/15/2019 16:58

Good day! There is such a Law on Enforcement Proceedings. Where can you read it, study it in full. If the bailiff did not familiarize with the writ of execution, did not warn about his visit, did not send a notice, did not explain the rights and obligations, did not give the opportunity to provide documents. Allowed familiarity in conversation. How to be? Is there a law that protects human rights and from the incorrect actions of the bailiff.

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Dubrovina Svetlana Borisovna 15.04.2019 17:00

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The Pristovs

Hello. The bailiffs remove everything from the salary! What to do? They can only shoot 50%

Daria 03/13/2019 21:58

Hello! According to Art. 99 of the Federal Law "On Enforcement Proceedings" when executing an enforcement document (several enforcement documents), no more than fifty percent of wages and other incomes can be withheld from a citizen debtor. Deductions are made until the full execution of the requirements contained in the executive document. The limitation of the amount of deduction from wages and other incomes of a citizen debtor, established by part 2 of this article, shall not apply when collecting alimony for minor children, compensation for harm caused to health, compensation for harm in connection with the death of a breadwinner and compensation for damage caused by a crime. In these cases, the amount of deduction from wages and other income of the debtor-citizen cannot exceed seventy percent. You need to contact the bailiff with a statement to reduce the amount of deductions on the writ of execution and to return the illegally debited funds. If the bailiff does not resolve the situation, contact your superiors or the court.

Pchelintseva Marina Vladimirovna 14.03.2019 12:50

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Contact the bailiff.

Zakharova Elena Alexandrovna 15.03.2019 15:27

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Find out what the bailiffs cannot scandalize

What Aristov can’t embarrass in a residential building where not quite summer children live

Victor 02/22/2019 08:48

Hello! The list of property that cannot be foreclosed is indicated in Art. 446 Code of Civil Procedure of the Russian Federation. Bailiffs can describe household appliances and furniture. Having children doesn't make much difference.

Pikalov Vladislav Sergeevich 22.02.2019 13:51

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Galina 11/04/2019 18:45

Can they describe the property if I am registered in the apartment, but at the same time it has not been privatized, that is, in fact, I am only registered here, there is no property for personal use

Good afternoon.

Unfortunately, they can.

For the place of residence is confirmed precisely by registration.

Article 33. Place of execution of enforcement actions and application of enforcement measures

Sazonov Sergey Vladimirovich 10.11.2019 14:28

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This is true.

Medvedko Vladimir Olegovich 23.02.2019 15:33

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Bailiff

Good afternoon. Can a bailiff who does not conduct your proceedings come and describe the property

Elena 02/14/2019 09:12

Hello! The bailiff does not have to lead your PI to make an arrest. The bailiff must present a certificate and carry out an arrest in accordance with Art. 80 FZ "On Enforcement Proceedings".

Smirnova Tatiana Mikhailovna 14.02.2019 13:33

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This is true.

Tsaryuk Vladimir Rostislavovich 15.02.2019 17:23

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Unbeknownst to the bailiffs minus on the card

Good evening. A question. The bailiffs were silent for 3 months ... they did not warn anything. No letters were sent. And today they took the money. And the minus on the card. Do they have the right to do this?

LERA 13.02.2019 21:23

Hello! According to Art. 99 of the Federal Law "On Enforcement Proceedings" when executing an enforcement document (several enforcement documents), no more than fifty percent of wages and other incomes can be withheld from a citizen debtor. Deductions are made until the full execution of the requirements contained in the executive document. If you have written off more than 50% of income, you need to contact the bailiff with an application for the return of overly withheld funds. The bailiffs are not obliged to notify about the withdrawal of funds.

Smirnova Tatiana Mikhailovna 14.02.2019 14:37

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This is true.

Kolpakova Galina Yurievna 15.02.2019 12:16

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Arrest of property by bailiffs.

Hello. Please tell me if the debtor is registered in the apartment, but does not live in it, does not have a share in the apartment, the apartment is privatized to other family members. Can bailiffs seize property in this apartment? And what property do they have the right to seize if two underage children live in the apartment?

Elena 02/08/2019 10:49

Good day! If the debtor has not lived at the place of registration for a long time, the bailiffs can come and describe the property in your apartment. However, if you prove that the property does not belong to the debtor, the bailiffs cannot describe it. These can be checks, contracts, receipts and other documents confirming that these purchases were made by you, present them to the bailiffs. The property, whose ownership is not confirmed by documents, may well be arrested by the bailiffs. It can be home appliances and furniture. If the debtor is registered at this address, but has not lived here for a long time, present confirmation of this. It can be both certificates from the management company and testimony of witnesses.

Pastukhov Sergey Stanislavovich 08.02.2019 16:46

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This is true.

Itskov Dmitry Igorevich 09.02.2019 12:19

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What can bailiffs take for credit debts? They will not take anything, at least in their first arrival. They will only describe the property that the debtor will have to keep. Almost everything is included in the inventory list, except for a certain category of things, which include: food products that do not exceed the minimum wage in sum, children's things, things of third parties that are in the debtor's apartment, a refrigerator and a stove, if they are in a single copy, etc. etc. If the client does not pay the money within 10 days after the inventory, the bailiff can initiate a procedure for the collection and subsequent sale of the described property.

What law regulates the activities of bailiffs in Russia?

The activities, norms of behavior, powers and other duties of bailiffs are described in the Federal Law No. 118 of July 27, 1997 "On bailiffs".

There is also Federal Law No. 229 of October 2, 2007 “On Enforcement Proceedings”. The law regulates the powers, rights and obligations of representatives of this executive authority, which does not prevent the debtors themselves from getting acquainted. In this case, they will be able to learn about all the nuances of the collection procedure, about the authorized and unauthorized actions of the bailiff, they will be able to defend themselves in the event of unpleasant or disputable situations.

Debt collection process through bailiffs

It all starts with the fact that the creditor who won the court brings the writ of execution to the bailiffs' department of the region in which the debtor is registered.

After making sure that the writ of execution does not contain errors and complies with the norms of the law, the bailiff accepts it for execution and begins the proceedings. A new enforcement proceeding is opened in the name of the borrower in the FSSP database.

After that, the bailiff sends a letter (regular, not registered) to the borrower by the Russian Post with a decision to open enforcement proceedings in his name. Such a letter sets out the reason for opening an individual entrepreneur (a judicial act on the collection of overdue debt), explains the rights and obligations of the debtor, etc. Also, the bailiff gives the client a 5-day period after receiving the letter, during which he must appear at the FSSP office in his city.

If the borrower ignores the letter and does not arrive within 5 days, the bailiff issues an order to seize the borrower's accounts in the country's largest banks: Sberbank, Rosselkhozbank, VTB-24 and others. Requests are not sent to all banks. For example, in Home Credit or Tinkoff, bailiffs do not send an order to seize accounts.

The accounts will be arrested for the amount of the debt under the writ of execution + 7% of the amount - to the bailiffs. The fact is that if the debtor does not voluntarily pay off the entire amount of the debt within the prescribed period without good reason, the bailiff has the right to issue an order to impose an additional fee in the amount of 7% of the amount owed. This is regulated by Article 81 of the Federal Law "On Enforcement Proceedings".

If the client ignores the seizure of bank accounts, does not come to the bailiffs department, does not agree on payment by installments, etc., then the bailiff-executor can initiate a departure at the place of residence of the borrower. As a rule, it is the bank representative who insists on such trips, because the bailiff himself has enough other cases related to the collection of alimony.

The bailiff arrives accompanied by a bank representative and 1-2 employees. On the spot, a representative of the executive power inspects the property located in the apartment and makes an inventory of valuable things that belong to the borrower and are not on the list of prohibited for arrest.

An inventory of property is simply a listing of things on paper that can later be foreclosed for the subsequent sale and channeling the money to pay off the debt.

Inventory means that things remain in the borrower's apartment for storage. He can continue to use them, but at the same time he cannot sell, give, donate, spoil, etc.

On his first visit, the bailiff simply describes the property, and does not take it away. He also conducts an explanatory conversation with the borrower, finds out why he does not make contact, etc.

Property inventory takes place in the presence of attesting witnesses. There must be at least 2 people. These can be the debtor's neighbors, any third person. If, after the inventory of the property, the debtor begins to slowly pay the debt, the bailiff will no longer come to visit.

If the borrower continues to renounce the debt, then within 3-6 months you can wait for the bailiff to come again, but already in order to pick up all the previously described property and put it up for auction.

How to avoid the arrival of bailiffs at the registration address?

Agree that it is not very convenient when bailiffs come to your house, walk around your neighbors and describe the property. There is a scenario in which the client can avoid the arrival of the bailiffs. To do this, you need to appear at the FSSP office in your city immediately after receiving a letter with a decision to initiate enforcement proceedings.

The borrower needs to make contact with the bailiff, show that you are interested in paying off the debt and are not hiding, just your financial situation does not allow you to return the entire amount at once. The bailiffs are people too and understand everything perfectly.

At the department, the debtor needs to write a statement addressed to the head of the FSSP stating that he cannot pay the entire amount of the debt at a time for a good reason. For example, lack of work, official income, being dependent on young children, the status of a low-income family, etc. In the application, you need to indicate a feasible amount that the debtor will pay on a monthly basis and guaranteed to pay off the debt.

If the debtor fulfills the promises indicated in the statement, the bailiff will not arrest the accounts and will not come to the registration address for an inventory of the property.

This option will work if there are good reasons. If the borrower has a normal job with a good salary, then the only thing that can be agreed with the bailiff is the collection of 25-50% of the monthly salary to pay off the debt.

When can the bailiffs come?

Federal Law No. 229 "On Enforcement Proceedings" strictly regulates the time frame for visiting debtors by bailiffs at their permanent registration address. According to Article 35 of the aforementioned federal law, bailiffs-executors can come to the debtor's residence / registration address only on working days. That is the network, from Monday to Friday. Weekends and public holidays are not included in this list.

The visiting time is also regulated. The bailiff can come from 06:00 to 22:00 local time. Visiting at other times is not legal. If the debtor knows in advance about the day of arrival of the bailiff, he can offer him a convenient visit time.

What can the bailiffs describe in the debtor's apartment?

The inventory is subject to:

1. Luxury goods (antiques, paintings by famous artists, things of cultural and artistic value, etc.)
2. Jewelry and jewelry made of precious metals
3. Household appliances that a person can do without (microwave oven, toaster, food processor, mixer, multicooker, juicer, etc.) Equipment available in 2 quantities. For example, if the borrower has 1 plate, the bailiffs will not be able to pick it up, because it is included in the list of things not subject to seizure. If the debtor's apartment has 2 stoves or 2 refrigerators, the bailiff can take a second similar item. The contractor will choose the more expensive option, leaving the debtor with a cheaper and older item.
4. Pedigree pets (dogs, cats, etc.) subject to the availability of conditions for their maintenance.
5. The money is subject to arrest in excess of the minimum subsistence level for the debtor and 3 persons who are dependent on him. That is, the bailiffs must leave the amount of the minimum subsistence level for the debtor and his children (if any), and the rest of the amount can be taken.

The bailiffs can seize a car, a summer cottage, any buildings on it, a garage, greenhouses, etc.

What cannot the bailiffs describe?

The same Federal Law No.-229 "On Enforcement Proceedings" regulates the debtor's property, which can and cannot be foreclosed. Based on the conditions of Art. 79 of the said law, the bailiff may describe any property of the debtor (namely the debtor), with the exception of:

• A dwelling place or part of it (share), if for the debtor it is the only room suitable for living. This means that the bailiff will not be able to arrest your only apartment. If you have 2 apartments, or an apartment and another share in another apartment, or a house and an apartment, then the bailiff has the right to seize one of the premises. This clause is valid provided that the collection is not carried out on a mortgage loan. If the apartment is mortgaged and is the only housing, then it can be foreclosed on the debt in the same bank.
• Property that the debtor needs to do the job. For example, if the borrower works as a web designer, writes articles, etc., the bailiff cannot take his work computer. The exception here is property worth more than 100 minimum wages (the minimum wage). The minimum wage in Russia in the second half of the year is 7800 rubles.
• Personal belongings of the debtor (clothes, shoes, except for collectible, branded expensive things)
• Personal hygiene products
• Any state and sports awards, prizes, awards, badges of honor, etc.
• Items of religious culture (icons, church books, etc.)
• Children's things (scooter, bicycle, stroller, crib, etc.) items used by the child. For example, if a child goes to school and uses a computer or laptop for homework, then the bailiffs cannot arrest these things.
• Household appliances necessary to satisfy basic human needs (refrigerator, stove, etc.) If there are small children in the house, then, upon application, the debtor can remove the arrest from the washing machine, citing the fact that it is rather difficult to wash children's things by hand, etc. etc.
• Livestock and poultry (deer, rabbits, goats, cows, chickens, etc.) used not for business, but for the needs of the family. The list also includes feed, buildings and other things necessary for keeping livestock.
• Seeds required for the next sowing
• Food and money, which in total will amount to at least the established subsistence minimum for the debtor himself and persons who are dependent on him. That is, the bailiff can take food and money only in excess of the subsistence minimum for the debtor and other persons dependent on him. Well, for example, the cost of living in the region is 10,000 rubles. The debtor is dependent on a minor child for whom the living wage is 11,000 rubles. The total for two is 21,000 rubles. If the debtor has food and money in the apartment for a total of 35,000 rubles, then the bailiffs can take only 14,000 of them, and they must leave 21,000 rubles.
• Fuel (firewood, gasoline, etc.) that the debtor needs to cook and heat his dwelling.
• Means of transport or other things necessary for the debtor in connection with his established disability. For example, a bailiff cannot take a wheelchair or crutches, a car in which a disabled person gets to the clinic or to work every day, etc.

On all other things, the bailiff can seize and subsequently foreclose, if the borrower does not prove that these things belong to another person, for example, other members of his family. You can prove this with the help of checks, guarantee coupons, documents on a trade loan for another person, etc.

Usually, the described things remain with the debtor, but in some cases they can be seized and sent for storage to the organization with which the corresponding agreement has been concluded. This happens if there is reason to believe that the described property may be damaged, alienated, wasted, hidden, etc.

Only the bailiff can determine the storage order at his own discretion. If he leaves things in the debtor's apartment, then he must warn him about possible criminal liability under Art. 312 of the Criminal Code of the Russian Federation for improper storage.

How is the debtor's property valued?

The debtor's property, which the bailiff describes on the spot (in the apartment), is subject to an approximate assessment directly by the bailiff, if the approximate estimated value of each item does not exceed 30 thousand rubles. That is, the bailiff is authorized to independently name the estimated value of each described item: washing machine, TV, computer, etc.

When it comes to more expensive things (an apartment, securities, a set of upholstered furniture made of genuine leather, art objects, fur products, expensive designer jewelry, etc.), then within 1 month from the date of the inventory of the property, the bailiff must attract for the official assessment of a Chartered Appraiser.

The bailiff may allow the debtor to independently sell the seized property if its estimated market value does not exceed 30 thousand rubles and there is no dispute about its value. Having sold the seized thing, the debtor must, within 10 days, deposit funds to the account of the bailiffs to pay the debt.

If the client does not agree with the appraisal of his property by the bailiff, he has the right to write a statement addressed to the head of the FSSP, or apply to the court to appeal the decision of the bailiff-executor on the appraisal of the property within 10 days after the issuance of such a decision.

Upon the expiration of the specified period, the bailiff begins to prepare documents in order to transfer the property for sale.

Let me remind you that all this happens if the debtor and the bailiff have failed to reach a compromise on the planned voluntary repayment of the debt with reasonable income in installments.

How is the described property collected?

If, within 10 days after the inventory of the property, the debtor does not receive payment or an application to appeal the decision, the bailiff begins to prepare documents on the seizure of the seized property and transfer them for sale. When all the documents are ready, the bailiff transfers them to a special department that checks the submitted papers. If they meet all the standards, the package of documents is sent to the Federal Property Management Agency, and the arrested items are seized from the borrower and sent to the contractor for storage.

Is it possible to return the property if money has appeared?

Of course it is possible if the property has not yet been sold. That is, if it has not yet been sold. Until then, the borrower can pay his debt and collect all the belongings. To do this, you need to pay all the debt, bring a check of payment to your bailiff. After making sure that the money has been received, the bailiff will cancel the order on debt collection and seizure of property. Thus, the client will be able to return his property back.

If a buyer is found for the seized property put up for auction and has paid the indicated cost, it will no longer be possible to return your property. Is that to come to an agreement with a new buyer and draw up a sales contract.

How to secure property from arrest?

If you live in an apartment with relatives who bought some of the furniture or appliances, other property with their own money, ask them to prepare receipts, warranty coupons, or trade credit documents and other papers proving that the things were not purchased by you.

In this case, the bailiff will not be able to describe the property belonging to other persons who are not debtors in the enforcement proceedings

Then the matter remains small - to secure your property from arrest. Immediately filter out things that the bailiffs cannot arrest under the law: for example, items that a client needs for work (computer, telephone, printer, etc.), as well as a stove and refrigerator, children's things.

Several methods will help to save the rest of the property subject to inventory from arrest. The first is to bring all the valuables to the country house or transfer them to acquaintances, friends, etc. This option is suitable if you know the exact date of the arrival of the bailiff. Otherwise, it would be foolish to transport permanent household items (washing machine, TV, refrigerator, etc.) indefinitely to the dacha.

The second option to "hide" the property is to draw up a contract for free use. To use this method, the debtor needs to enlist the support of third parties. These can be friends, relatives, neighbors, etc.

The essence is simple: the debtor and the third person retroactively (preferably before the issuance of a decision on the commencement of enforcement proceedings) conclude an agreement for the gratuitous use of property, according to which the third person transfers certain things to the debtor for use. In such a contract, the names of things, their detailed description, or an attached photograph must be spelled out. It is filled in by hand and does not require certification by a notary. Everything. Thanks to such a piece of paper, the debtor will save his property by presenting it as the property of a third person.

When the bailiffs come, he needs to be shown an agreement for the storage of these things, concluded with one or more people, for each thing or for all at the same time. It all depends on your imagination. Similarly, you can draw up a storage agreement.

Many are worried about the question of whether the bailiff will check the third person with whom a storage or free use agreement has been concluded. Many are worried that the bailiff will ask these persons for receipts confirming that the item was bought by them and belongs to them. There is nothing to worry about, the bailiff has no right to address such questions to any persons who are not lying about as debtors on IP.

Another way to "hide" the property from the bailiffs is to conclude a donation agreement. This option is most often used in the case of real estate, cars or other valuable items. The borrower, through a notary, draws up a donation agreement, but continues to use his belongings. After the conclusion of the contract, the thing becomes the full property of the person to whom you donate it, but you can continue to use it. This option is suitable if in the circle of your acquaintances there is a person whom you trust enough to rewrite an apartment, a car, etc. in his name.

January 2019

The seizure of property is a rather unpleasant procedure, but legal. Each debtor should be aware that in the presence of debts, bailiffs can come to him and, within the framework of the law, seize material values. Performers must always act within the law - there is a list of things that can and cannot be removed. This publication will consider what the bailiffs can describe, under what conditions, and whether it is possible to protect oneself from their actions.

Property Arrest Law

The seizure of property is the deprivation of material assets of a suspect or accused person. Also, the law provides for the ability to dispose of property or use it for their own purposes. Arrest is imposed during the trial if the representatives of the law have sufficient grounds.

This procedure applies to items of immovable or movable property, money, securities. The seizure of the debtor's property is applied:

• in order to ensure the safety of property to be sold or directly transferred to the recoverer;
• for the execution of a signed judicial act, which deals with the seizure of property owned by the debtor and held by him or by third parties.

What property can bailiffs describe?

Bailiffs can seize a fairly extensive list of personal property from the debtor, but at the same time they are obliged to take into account the interests of the debtor's relatives who live with him.

If there is a debt, the bailiffs have the right to withdraw:

• furniture;
• valuable jewellery;
• residential premises - but only if it was taken out on a mortgage (and if this is not the only home of the debtor);
• transport.

In other words, you can seize any things that are the property of the debtor, but not his relatives. If things are jointly owned with other people (apartment, land), then the issue is considered separately. Also, the bank can seize the collateral.

Personal items used by the debtor, namely the wardrobe (sweaters, dresses, trousers, etc.), are not subject to seizure. The exception is items that are considered luxury items - for example, expensive fur products or expensive designer clothes.

Arrest can be imposed on furniture that is the property of the person in debt, and is also located in the living space where he lives (the size does not matter). However, the bailiffs are obliged to leave the necessary minimum for living - they have no right to completely empty the apartment.

Transport, as well as money, is the first thing that bailiffs pay attention to. But there are also restrictions - if the vehicle is used to earn money, then the performers have no right to seize it. This moment is due to the fact that in the absence of this transport, a person will not be able to earn his living, and therefore he will not be able to pay off the debt.

Household appliances are seized in the following situations:

1. If the equipment has a guarantee, and there is data indicating that it is the property of the person in arrears. For example, if a washing machine is registered in the name of a relative, then the bailiffs have no legal right to seize it.
2. You can collect not all things - the bailiffs must leave the necessary minimum for living. TVs, laptops and other similar office equipment can be confiscated, but the stove and refrigerator must be left. The same applies to furniture - if three people live in the apartment, at least three chairs must remain. All these points are spelled out in the legislation, and the bailiffs have no right to violate them.

Before the procedure for the seizure of property, the bailiffs must assess it. After which it is sold, and only then the debt will be paid off. All this takes some time and costs.

If there is no suitable property, collection will be carried out from the debtor's wages.

What are the bailiffs not entitled to take away?

The list of such property is strictly regulated:

• housing that is not taken out on a mortgage (if this living space is the only one from the debtor);
• personal hygiene products, personal items, as well as household items (this category also includes food, clothing and shoes);
• household appliances that are necessary to meet basic human needs (stove, refrigerator, etc.);
• property that the debtor needs to earn money (if its value does not exceed 100 minimum wages);
• animals that are part of the household;
• property needed by citizens with disabilities (crutches, a wheelchair or a vehicle for moving);
• items related to religious culture (church books, icons, and so on);
• children's things that the child uses;
• medals and other awards.

How can you secure your property? More about this below:

1. If there are checks confirming that the property was registered for another person, they must be shown to the bailiff.
2. It is worth knowing in advance what things the bailiffs can take away - they can be temporarily taken out of the apartment (before the arrival of the executors) if they are of any value to the debtor.
3. It can also help to secure the property by drawing up an agreement for free use or a storage agreement (neighbors, friends or relatives can help with this).
4. You can also draw up a donation agreement for the necessary property values ​​through a notary.

1. You need to contact the FSSP and write a statement that it is necessary to remove the arrest from the card. The application must indicate that in the absence of the opportunity to use the card, it will not be possible to repay the debt. Immediately it is worth compiling two copies, and then contacting the bailiff who is in charge of the case. As soon as the decree to lift the arrest is in hand, you need to go with it to the bank. A few days later (usually 2-3 days), the arrest will be removed from the card.
2. If you need to postpone the visit of authorized persons, you also need to write a statement - this is done immediately after the decision comes into force. A delay can be given for several months, sometimes even for a year. During this time, you can correct the situation. However, it is worth remembering that for the delay, you will need serious documents confirming the illness, pregnancy, and so on.
3. If there are no compelling reasons to postpone the visit of the bailiffs, then an appeal can be filed. The judgment will not be overturned, but the proceedings will be resumed only after the decision on the appeal becomes valid.

Of course, the seizure of property is a difficult and very unpleasant procedure. Therefore, it is best to try not to accumulate debts and pay them off in time, so as not to lose valuable things.