How bailiffs seize accounts. Illegal seizure of an account by bailiffs: which accounts the FSSP cannot seize. How to get rid of arrest

It is always unpleasant to discover a negative balance on your card. But this can happen to anyone. Especially if you don’t pay your obligations on time.

Seizure of funds is the blocking of money in a bank account. It is carried out within the entire available balance or the entire amount reflected in the executive document.

What does it mean?

This means that you will not be able to pay with the amount that is seized, nor will you be able to withdraw it from an ATM or transfer it to another account. All funds that will be in the account in excess of this amount will continue to be available for transactions.

Seizure of funds should be distinguished from collection. It is a procedure for writing off money in favor of the creditor from your account, but without your personal order. The bank has the right to carry out the collection procedure only on the basis of a court decision or in accordance with a decree issued by a bailiff.

Reasons why it is possible to seize and collect money

Ignoring car fines. The presence of fines can be checked on the official website of the State Traffic Safety Inspectorate or through the State Services portal.
Non-payment of tax contributions. The presence of this type of debt can be checked on the Federal Tax Service website.
Failure to pay utility bills. The presence of such debt can be checked at absolutely any MFC or at the management company servicing your home. What else can a seizure order be issued for?
Non-payment of alimony. Debt in alimony payments can be checked on the website of the court that made the corresponding decision, or on the website of the FSSP of the Russian Federation.
Failure to pay for legal disputes resolved in favor of the opponent. This debt can be verified in the same way as debt for unpaid alimony.
Evasion of payment of loans and borrowings. The presence of debt can be checked in the same way as in the two previous paragraphs.

Documents on the basis of which an arrest may be imposed

A decree on seizure of funds or collection issued by a bailiff is a document that is sent to the bank by a bailiff to enforce a decision made by a court or other authority. In this case, the bank must compulsorily and urgently comply with the received order.

That is, the mechanism is as follows: the court makes a decision and issues a writ of execution to seize funds to the claimant. He, in turn, sends him to the Federal Bailiff Service. The FSSP issues a seizure order and sends it to the bank. The bank, on the basis of the resolution, makes a partial or complete seizure of money or a partial or complete recovery.

Writ of execution or order

A writ of execution or court order for the collection of a debt, which is issued for the purpose of executing a court decision. This document, which involves the withdrawal of money from accounts belonging to the debtor, can be submitted to the bank by the recoverer. They may be an individual or a legal entity. The bank, in accordance with the law, is obliged to execute the court decision based on such documents.

Unlike the previous case, in this seizure scheme there is one link missing - the FSSP service. That is, the mechanism is as follows: the court makes its decision and issues a writ of execution to the claimant, with which the latter applies to the bank. The bank, on the basis of a writ of execution, imposes a full or partial seizure of the debtor’s funds or makes a full or partial recovery.

There are other regulations. Thus, it is possible to seize funds in a bank account by order issued by the authorities carrying out the preliminary investigation process. Moreover, they can do this both on the basis of a court decision and in other cases provided for by law.

What should be done if funds are seized or foreclosed on the basis of a decision made by bailiffs?

First, you should obtain information about the decision made by the bailiff. This can be done through the official website of the FSSP by taking a few simple steps:

It is necessary to find the number assigned by the court to the enforcement proceedings in the SMS received from the bank about the seizure of funds.
Next, you need to find information about the production of interest on the FSSP website. To do this, on the specified website you need to switch to the section of the data bank containing information about enforcement proceedings of the FSSP of the Russian Federation, and then select “Search by number”. It is in this line that you need to enter the IP number from the received SMS.
Read the information provided, which, among other things, will contain the address and contacts of the bailiff.
If you have questions or complaints, you can make an appointment with the FSSP. This can also be done on the website.

What should you do if your bank card is seized by a court order or writ of execution?

In the SMS received from the bank, you must find the number of the court order or the number of the writ of execution and the name of the court that made the decision.
You should find the court’s website by its name, go to the section called “Judicial Proceedings”, select “Search among court cases” or “Search for acts of court proceedings”.
In the menu that opens, enter the production number and other data that is known.
The system will open all the information about the debt collection order that can be studied.

What should you do to avoid penalties and seizure?

Try to pay bills for all existing obligations.

It is worth regularly checking data on existing debts on the official websites of the relevant departments: Federal Tax Service, FSSP, State Traffic Safety Inspectorate.
You can connect services for auto payments of fines, taxes and housing and communal services. They will help you make payments on time, without delays. You don't have to worry about forgetting a payment.
You should check your credit history regularly to ensure your money is safe in the bank.

Types of executive documents

Law No. 229 of October 2, 2007 states that arrest can only be imposed by a court decision or by a bailiff. And in accordance with Article 115 of the Code of Criminal Procedure of the Russian Federation, such restrictions can be applied by a court decision or by order of the authorities conducting the preliminary investigation.

Possible types of executive documents:

Writs of execution issued by arbitration courts and courts of general jurisdiction. Writs of execution can be issued on the basis of judicial acts.
Court orders.
Agreements and their copies on the payment of alimony. Agreements and copies must be notarized.
Certificates issued by commissions regulating labor disputes.

Acts of bodies that carry out control functions on monetary penalties. Such acts must necessarily contain bank marks or marks of other credit organizations.
Acts of judicial and other bodies, as well as officials related to cases of administrative offenses.
Decrees of bailiffs.
Acts of various bodies in those cases provided for by law.
Executive notarial signature, if there is an agreement on out-of-court foreclosure of property that is pledged. Such an agreement can be concluded in the form of a separate agreement or included in the collateral agreement.
Requests from central authorities to search for a child who has been illegally transferred to the Russian Federation or is being held in the Russian Federation.
Documents of an executive nature that were issued by the competent authorities of foreign states and which are subject to execution on the territory of the Russian Federation.
A resolution issued by the preliminary investigation authorities if there is a court decision or other documents issued during the investigative proceedings.

That is, the bank can receive writs of execution for arrest or collection from the Federal Bailiff Service, from the courts, from collectors, which can be not only individuals, but also legal entities who have a writ of execution in their hands. Only these entities can submit a request to the bank to seize funds.

How to lift a seizure or stop collecting funds?

In order to cancel the seizure or stop the collection (in the event that execution under the document has not yet been completed), it is necessary to contact the court, the FSSP or the body that issued the executive document. It is on the basis of the decision of the body that issued the writ of execution that the arrest or collection can be terminated. If such a decision exists, it should be sent to the bank, which will immediately remove the seizure and stop collection. In addition, the claimant can revoke the writ of execution. It is important to understand that the bank is not able to return funds that have already been collected and transferred to the creditor.

If the account is seized or foreclosed, then the money in the bank will be debited in its favor as a priority. In this case, if the account is used to repay a loan, the money deposited may not be enough to pay off the loan.

Conclusion

The bank immediately stops the seizure and collection after it has received executive documents to lift the seizure or terminate the collection. However, if this does not happen, then there is a high probability that the bank did not receive the above-mentioned executive document or the account may be limited by another executive document. To clarify the situation, it is necessary to contact the authorities that issued the writ of execution to seize the card by bailiffs and clarify information about the timing of sending the relevant documents to the bank to cancel the seizure or collection.

Removing a lien on your money can be difficult, even if it's wrong.

Photo: Fotolia/Romolo Tavani

If enforcement proceedings are being carried out against you, you may suddenly find that there is a lack of funds in your bank accounts. P even if you know nothing about your debt. The Banki.ru portal looked into how the Federal Bailiff Service gets to the accounts of Russians, what problems this can cause, and how to protect against it.

They collect from everyone

Recently, Russians have had the opportunity to learn about enforcement proceedings being carried out against them by the Federal Bailiff Service of Russia (FSSP) through the social networking applications VKontakte and Odnoklassniki. And on the website of the FSSP itself, from the beginning of November, you can even pay your debts with a bank card. The services are useful, but if you did not manage to use them in time, then the absolutely legal actions of the bailiffs can cause you a lot of trouble. Problems will arise literally at every step. Sometimes people without debt also suffer.

“People's Rating” Banki.ru is filled with complaints about the non-transparent procedure for seizing and collecting money from bank accounts. Even if the bailiff and the bank did everything correctly, the client finds himself in an unpleasant situation from which it is not so easy to find a way out. But mistakes also happen that aggravate the problem.

So, the user Ignat2015 on the accounts of his debit and credit cards of Sberbank. For a long time, the call center employees could not explain on what basis the funds were seized and written off, and tried to send the client to another city to find out. In the end, it turned out that out of five FSSP decisions issued in the name of this client, four related to his namesake. The bank promised to consider the appeal within 30 days.

Procek's accounts were seized and part of the money was recovered. Sberbank explained to the client that in order to return the overcharged amount, he would have to contact the bailiff.

Viko29, the mother of many children, faced an extremely unpleasant situation: her money in Sberbank, including the money in the account for her children, was seized. As a result, the family lost their livelihood.

User vladilena, whose money in Alfa-Bank accounts was seized by the same bank. The client was bewildered by calls from bank employees who asked when she would repay the loan debt, while she had deposited the money on time.

Due to the seizure of 1 thousand rubles, the user KudinovaKlin in his account at VTB 24. The bank apologized and removed restrictions from the accounts that had been in effect for about a week.

How does an arrest work?

If you are in debt and the court has decided to collect the debt from you, the FSSP initiates enforcement proceedings against you. And the bailiff in charge of this case begins to look for your funds in order to collect them. Typically, bailiffs send orders to seize accounts in 25-30 of the largest banks, and banks are obliged to seize the specified amount if they have any accounts of the debtor.

“The basis for the bank is the order of the bailiff to seize the debtor’s funds,” Anastasia Ragulina, deputy director for scientific work at the legal group Yakovlev and Partners, told Banki.ru. – Seizure of funds in a bank actually represents the cessation of debit transactions on an account (deposit) within the limits of the funds that are seized.

According to Part 1 of Article 80 and Part 1 of Article 81 of the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings,” bailiffs, in order to ensure the execution of an executive document that contains a requirement for property penalties, have the right to seize the debtor’s property, including funds held in the bank. Seizure of funds entails a prohibition for the debtor to dispose of his property. If such property refers to funds that are in the debtor’s account, the seizure must be executed by the relevant bank within the limits of the seized amount.”

“When a bank receives a resolution from the FSSP of Russia, before executing it, the bank checks the correctness of its execution and conducts a legal examination of this document,” the Bank of Moscow told the Banki.ru portal. – If the resolution is executed incorrectly, it is returned to the FSSP with a letter from the bank attached, containing the rationale for the refusal to execute. It should be noted that electronic decisions of the FSSP of Russia practically do not contain errors that are typical for paper documents, such as the absence of a signature or seal or the use of a non-official seal.”

The arrest order is executed by the bank immediately upon receipt. To do this, it is not necessary that the debtor’s accounts contain a sufficient amount. If the account balance is lower than the amount specified in the resolution, the missing amount will be seized later, when the client deposits any funds into the accounts. “The bailiff’s arrest order has no statute of limitations. It must be executed immediately and is valid until the decision to cancel the arrest,” says Natalya Voevodina, head of the operational department of Raiffeisenbank.

The arrest may also affect credit accounts. This does not mean that if a debtor has a credit card, the bank will seize his credit limit: the credit limit is not the debtor’s funds, it is the bank’s money. But if the debtor’s money in his credit account is seized, a situation may arise when the client makes another payment for the loan and this payment is fully or partially seized. Accordingly, this money actually does not reach the client’s account, with all that it entails - interest on debt, late fees, etc.

“If the bailiff found the credit card account and sent a warrant for seizure or collection, then the funds from the credit limit will not be written off,” explains Natalya Voevodina. “The write-off or arrest will occur at the moment when the client repays the loan on the card.” What's even worse is that the person may not even know about it, since the bank is not required to notify its client of seizures and foreclosures, and many banks do not do this.

For a client whose funds have been seized, this event goes unnoticed until he tries to use his money. If the account balance minus the seized funds is less than what you are trying to transfer, the bank will refuse your transaction. And once you contact the call center, you will receive an explanation of why you cannot use your money.

Some banks (in particular, Sberbank) act differently. When funds in your accounts are seized, the spending limit is reduced by the amount specified in the resolution, and in the Internet bank this looks like a decrease in the balance. Moreover, the balance may even become negative if there is less money in the account than was seized. This can be scary: on a technical overdraft, banks charge high interest rates, but here is a different case - the money is in the account, the bank only means in this way that it is impossible to use it. The same is true with credit card accounts: a negative balance on them resulting from seizure does not mean the occurrence of a lien to the bank.

Suspension, collection and removal of arrest

In addition to seizing funds, the bailiff can take another measure - suspending operations on the account. In this case, the debtor will not be able to manage his money, even if the amount in the account exceeds the amount of the debt, with the exception of making first and second priority payments (insurance premiums, payments to the budget, payments under some executive documents). The debtor will also not be able to open a new account with this bank. You can close an account whose operations have been suspended only if there is no money on it.

After the bailiff seizes an amount sufficient to pay the debt, and the court decision to collect the debt enters into legal force, he must collect this money. First, the arrest must be lifted, for which the bailiff sends a corresponding order to the bank. Then the bank executes the collection order and transfers the collected amount to the FSSP. Just as in the case of arrest, the amount of collection may exceed the balance of the accounts: in this case, the missing amount will be collected when money is received in any account of the debtor.

“The bank’s execution of the writ of execution ends after the funds have been transferred in full; at the request of the claimant; by order of the bailiff to terminate (complete, cancel) the execution,” says lawyer, deputy chairman of the DE-JURE Bar Association Anton Pulyaev. In other words, neither the bank nor the debtor himself can influence the execution of the arrest order or collection according to the law.

The bailiff can only lift the seizure of money if he himself imposed it. If we are talking about a decision made by the court, the court must first issue an act of lifting the arrest. According to Anastasia Ragulina, “In Part 4 of Art. 70 of the Federal Law “On Enforcement Proceedings” provides for the procedure for removing the seizure of funds in the debtor’s account for their subsequent transfer. This provision refers to the arrest imposed by the bailiff himself in accordance with Part 1, Part 2 of Art. 80 of this law. If the arrest is imposed by a bailiff in pursuance of a judicial act on the seizure of property belonging to the debtor and located with him or third parties, then the arrest can be lifted by the bailiff only after the court has issued the relevant judicial act.”

Common mistakes

At every stage of the procedures for searching, seizing and collecting funds, mistakes are possible that both banks and bailiffs make. Alas, the victim himself will have to correct them.

Misidentification of debtor happens quite often and is due to the fact that the order to search and seize the amount contains only the full name of the debtor and his date of birth. Obviously, there may be coincidences with the data of other people. Also, the bailiff may make a mistake when filling out one of the information fields. Moreover, some information may not be included in the decree at all, for example, the date of birth.

“If it is impossible to identify the debtor in accordance with the data of the writ of execution, the bank may refuse the request to collect funds,” says Anton Pulyaev. In practice, different banks process such requests differently: some refuse to execute an incorrectly filled out order, while some make arrests even based on incomplete data.

If you find yourself in such a situation, find out from the bank who made the decision and contact this bailiff. You will have to convince him that you are not the one from whom the debt needs to be collected. The bailiff will issue a decision to lift the arrest.

Double arrest most often arises due to the inattention of the bailiff who issued the arrest order twice. Or if the bailiff sent a decree on collection without a decree on lifting the arrest. In this case, money is collected from the debtor and the same amount remains seized. The bank is powerless here - it has no right to lift the arrest, even if the mistake is obvious. Go to the bailiff, he must cancel the extra arrest.

Double recovery may be a mistake by the bailiff; this situation also arises when the debtor repaid the debt on his own, and at the same time some amount was collected from his accounts. There is no way to cancel the resolution; the money has already been transferred. However, this is a fixable matter - the money will be returned back to the accounts from which it was collected.

“If the funds have already been collected by the bailiff, but the seizure of the amount has not been lifted, the bank has no right to change anything,” explained Natalya Voevodina from Raiffeisenbank. – Nevertheless, at our bank, in the interests of the client, we try to contact the bailiff and explain the situation to him. If the money is collected several times due to the fault of the bailiff, the law obliges the bailiff to return the money. And this is indeed a very common practice."

Failure to lift the arrest by a bank occurs when the bailiff, having collected the debt in another way, does not send to the bank a resolution to lift the arrest. In this unpleasant situation, you will have to run between the bailiff and the bank, playing the role of a courier, otherwise the matter will drag on.

According to the head of the MKB debt center, Roman Trunov, “the arrest from the debtor’s account is removed by the bailiff with a resolution to lift the arrest from the debtor’s account in the enforcement proceedings within which it was imposed. This may take up to three days.” However, the bank may delay execution of the order for several days or weeks: such cases are not uncommon.

Collection of money that, by law, cannot be the subject of collection, happens quite often for the reason that neither the bailiff nor the bank is obliged to find out the origin of the money in the account. This is how various social payments, alimony, more than 50% of wages, etc. are seized and collected. The bank can refuse the FSSP to seize and collect more than 50% of the salary only if it knows for sure that this is a salary: that is, when the debtor In this bank, the salary project and money are transferred from the employer’s current account in the same bank. If this happens to you, the only thing that can help is turning to a bailiff or going to court (which, obviously, will extremely delay the case).

Hello! If you have legal questions, please ask, we will be happy to answer. You can contact our company by first making an appointment with our specialists by calling the phone number listed on the website. 50% discount using promo code "MIP".

Smirnova Tatyana Mikhailovna 16.03.2019 19:08

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Victoria 03/20/2019 23:50

Hello, we received GZS. I have a debt on the loan, but in order to purchase real estate under the public housing contract, I need to open a bank account. Can he be arrested?

Dubrovina Svetlana Borisovna 21.03.2019 09:24

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Stela 04/01/2019 07:55

My husband pays alimony. Tell me, can bailiffs block a card for debts on a loan? He also has a mortgage, which he pays with great difficulty.

Good afternoon FSSP application https://fssprus.ru/fssp_mobile Deadline for execution of a writ of execution by bailiffs What can bailiffs describe in an apartment? In order not to waste time on bailiffs, there is an excellent way to pay off debts. Namely: the debtor asks the creditor for bank details and transfers monthly (electronically or tops up the creditor’s card with cash) while keeping the receipts. THE IMPORTANT WHEN TRANSFERING OR DEPOSITING IS TO INDICATE THE NAME OF THE TRANSFER. FOR EXAMPLE, "PAYMENT BY DECISION/ORDER "name" of the COURT DATED 09.11.2018. This option of settlement with the claimant will create the most comfortable conditions for repayment and settlement of debts. To transfer alimony, open a personal account/accounts for children in the bank and transfer alimony to them Find out about your debts http://fssprus.ru The car is in the custody of the bailiffs, what to do Can the bailiffs seize the property of the parents for the debts of the children How much can the bailiffs deduct from the salary if there are children Do the bailiffs have the right to withdraw money from the pension Do they have Do bailiffs have the right to open an apartment without the owner? Civil Code of the Russian Federation Article 388. Conditions for assignment of claims 2. Without the consent of the debtor, assignment of a claim under an obligation in which the identity of the creditor has essential for the debtor. AntiCollector Russia https://play.google.com/store/apps/details?id=com.anticollector.rus&hl=ru http://fssprus.ru Can bailiffs seize a card? Can bailiffs seize a credit account? What Accounts cannot be seized by bailiffs You must show documents confirming ownership of the property (checks, receipts). Show documents proving ownership by another person: sales receipts, contracts, deeds of gift, electronic receipts, bank statements, deeds of inheritance, draw up a simple purchase and sale agreement; in the absence of any documents, it is necessary to ask employees to send requests to organizations where they can confirm the ownership of a particular item of property. This procedure may take a long time, during which time the property will be seized; when it is impossible to determine ownership, there is a right to demand the exclusion of property, exemption from seizure and protection from sale. To do this, you need to send an application of the established form and wait for the start of the case in court. It is important to note that the person sending such a letter can be not only the owner of the thing, but also its pledgee or another person interested in it. The list of what will remain in the possession and use of the debtor in any case is approved by Federal Law No. 229 of 02/01/2008. The list looks like this: an apartment, house or other residential premises that is considered the only place of residence (if it is not the subject of collateral); personal items for everyday use in the everyday sense; personal medals, orders and other awards; a means of transportation used to earn income or work; materials for heating and cooking; finances equal to the cost of living established in the region. Any unlawful step by a representative of the FSSP can be appealed within 10 days by the party against whom 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 directly in the form of a lawsuit in court. Each case is considered separately, and if abuse of authority is proven, the items will be returned to the applicant. "Labor Code of the Russian Federation" dated December 30, 2001 N 197-FZ (as amended on October 11, 2018, as amended on December 19, 2018) Labor Code of the Russian Federation Article 138. Limitation on the amount of deductions from wages. The total amount of all deductions for each payment of wages cannot exceed 20 percent, and in cases provided for by federal laws - 50 percent of wages due to the employee. According to the Labor Code of the Russian Federation, the amount of salary withheld on account of the debt is calculated in the following proportions: by law - 20% of the salary; according to federal law or a court decision - 50% of the salary; exceptions to the rules (for example, alimony) - 70%. The most common rate is 50% withholding from wages towards credit debt. If the borrower has children, then the amount of withholding is reduced: The presence of 1-2 children - bailiffs do not have the right to withhold more than 30%; The presence of a child studying at a university not on a budgetary basis - 30%. Death of a spouse and presence of minor children - 25%. Death of a spouse and 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 child support; 2. Compensation for work in hazardous industries or in difficult climatic conditions; 3. Compensation for damage to health received in connection with the work activity of the debtor (paid by insurance companies or employers); 4. Cash payments to the family of those killed at work; 5. Payments to a citizen caring for a group I disabled person; 6.Accruals during the period of dismissal of an employee. In accordance with the norms of clause 12, part 1, art. 101 Federal Law "On enforcement proceedings" dated October 2, 2007 No. 229-FZ for benefits to citizens with children, accrued from the federal or regional budget (including extra-budgetary state funds - Social Insurance Fund, Pension Fund and Compulsory Medical Insurance Fund) cannot be levied according to executive documents. Article 446 of the Civil Procedure Code of the Russian Federation and Article 101 of the Law on Enforcement Proceedings contain information about What property is not subject to seizure: the only housing, if it is not purchased on credit and is not mortgaged (when it comes to a private house, the land on which it stands cannot be seized either); basic necessities, personal belongings, household appliances as part of ensuring normal living conditions; things for performing professional duties, the cost of which does not exceed 100 times the minimum wage; domestic animals and poultry kept not for profit, as well as pastures, feed and buildings necessary for them; seed fund for future plantings; firewood, coal and other substances necessary for heating premises for one season; transport belonging to a disabled person and necessary for him to move; honorary badges, medals, orders, etc. belonging to the debtor. Knowing what property cannot be seized, it is worth remembering that There is a fairly extensive list of benefits, additional payments, payments protected from collection, including: compensation for health damage; payment for the loss of a breadwinner, for injury or death while performing a professional duty, for victims of disasters; subsidy for caring for a disabled person; federal surcharges for the purchase of medicines, travel expenses, etc.; alimony; travel and depreciation allowances; benefits for birth, death (funeral benefits) or on the occasion of marriage; social insurance payments (exceptions - pensions and sick leave); child benefits and maternity capital, state assistance to victims of a terrorist attack or the death of a close relative; financial assistance provided by philanthropists; compensation for a tourist package. TSB RF

Seizure of funds in accounts

All funds in the client’s bank accounts and cards are his property, which he can dispose of at his own discretion. Recently, cases have become frequent when it is this property that can be seized. This can happen if a person has debts (for example, to pay alimony, taxes, etc.), a court order has been received according to which the defendant wants to receive compensation, and other cases. Many may ask why the arrest is imposed first on accounts and cards, because there is also other property (real estate, car, land)? The answer here is simple: cash in accounts is a highly liquid asset that requires virtually no costs when selling it.

To sell an apartment or car to pay off debts, you need to involve appraisers (to assess the value of the property), a court (a person cannot be deprived of their only home), look for buyers, and formalize the transaction. The process may take a long time. Funds on accounts and cards can be immediately written off against the debt, and the issue will be resolved within a short period of time. Let's take a closer look at how funds on accounts and cards are seized, what the procedure is, what restrictions are imposed, and how to remove the seizure?

What is seizure of money on cards and accounts?

This is a restriction on the use by a bank client of funds held in bank accounts by order of the judicial authorities. According to Art. 27 of the Federal Law “On Banks”, the ban applies only to monetary assets, and the account itself remains valid.

Arrest is imposed only by court order and on the basis of executive documents. In this case, the banking organization is not responsible for the damage that the client may receive when collecting on his accounts. If a bank does not comply with the requirements under writs of execution repeatedly during the year, the Central Bank of the Russian Federation may deprive it of its license and apply penalties.

How does an arrest take place?

The court makes a decision to freeze the accounts.
The bailiff transmits the order to the debtor's bank.
If the account details are unknown, then the bailiff first sends a resolution to the banks to search for the accounts along with documents for the seizure.
The bank is obliged to immediately execute the received order and inform the executor of the details of all accounts that the debtor has with this institution and information about the amounts held on them.
The executor fixes the amounts subject to arrest, and the arrest is lifted from the rest.

Information about accounts can be obtained by the court from the tax office, because according to Article 86 of the Tax Code of the Russian Federation, the bank is obliged to inform the tax office about the opening and closing of accounts within five days.

It is worth noting that arrest can only be imposed by the Arbitration Court, on the basis of which a writ of execution is issued.

Restrictions on accounts and cards upon seizure.

After the court decision is executed by the bank, the required amount is “frozen” in the account. If its size is larger than necessary, then the client can dispose of the remaining portion at his own discretion: make transactions, pay payment orders, etc. If the entire amount is seized, the bank suspends all debit transactions. Incoming operations continue to be carried out.

Until now, many lawyers argue over whether a burden can be placed on future deposits to the account. Some believe that this is impossible, since Art. 27 Federal Law “On Banks...” and Letter of the Central Bank of the Russian Federation No. 293-T dated October 17, 1998 state that assets already in accounts can be seized. It turns out that you can only seize the money that is in the account at a certain moment. Based on this, funds that arrive later cannot be seized. Other lawyers are confident that the seizure of future enrollments is possible. Thanks to him, the bailiff can execute the court order and collect the debt.

Removal of arrest from the account and card.

The seizure from the account or card can only be removed after the court order has been executed, namely, the money will be written off to pay the debt. The bailiff must report this to the court, which makes a decision to lift the arrest. To speed up the process, the client can independently write an application to lift the arrest, attaching receipts for the transfer of money. Usually, within a three-day period, the encumbrance is lifted by decision of the arbitration court. After the encumbrance is removed, all payments from the account are made in the order established by Article 855 of the Civil Code of the Russian Federation.

It is worth noting that the seizure of accounts and cards may affect the interests and rights not only of the defendant, but also of third parties, for example, creditors, employees (if we are talking about an organization or individual entrepreneur), and also poses a serious danger to doing business (the client cannot pay according to their obligations). Legislation in this area is still contradictory and imperfect. The client can quite easily draw up a petition with evidence that the arrest violates rights, for example, it is impossible to pay social benefits and wages. In this case, the court will side with the defendant.

Seizure of debtor's accounts

Most financial transactions are currently carried out, mainly not through cash, but through banking services for transferring funds from account to account. A convenient and fast way to pay for any services, provide financial assistance, pay for purchases and other manipulations with money, just like other methods of money circulation, has certain risks and nuances. So, in some cases, the accounts of a legal entity may be seized, limiting the possibilities of manipulating the account.

Reasons for seizure and risks

Seizure of a bank account is usually carried out in the event of debt. Seizure of the debtor's accounts is carried out by decision of the court or government authorities. In this case, a certain amount equivalent to the amount of debt is blocked on the debtor’s bank account. Seizure of accounts, as a rule, is carried out for legal entities, much less often for individuals.

In case of seizure, transactions with the account are limited due to the inability to manipulate the amount of debt. Provided that the amount of debt is equal to or exceeds the amount of funds available in the account, withdrawal of any amount is not possible at all.

Since bank employees do not have the right to violate orders of courts, law enforcement agencies and tax authorities, such account blocking cannot be circumvented. Work with funds will be available only after the blocking is lifted. This, as a rule, occurs only upon payment of the corresponding debt.

Obviously, concluding transactions with an organization whose account has been blocked by a court decision or decree of law enforcement or tax authorities is risky and does not guarantee receipt of funds.

Checking the existence of an arrest

To check whether there is a seizure on any bank account, you can contact a personnel selection and verification agency. Thanks to the wide range of services of the organization, the client can receive a lot of useful data and information of various types about applicants, business partners, including whether their accounts have been frozen.

Prompt and professional performance of the task by agents ensures the receipt of reliable, up-to-date information useful in business or private financial manipulation.

In addition to information about the blocking of funds, you can also get up-to-date information about canceling the blocking and restoring the possibility of banking operations.