Disposal of seized property by the bailiffs. What property can be arrested

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2018-03-27 06:44:18

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Seizure – the final stage of enforcement proceedings of the Federal bailiff service. This is a measure to enforce the judgment. After the arrest comes the realization of the arrested property by bailiffs. This is a closer look at next.
FSSP seized property

Legal framework

Disposal of seized property by bailiffs is based on the following legal acts:

  • Article 446 GPK of the Russian Federation – it contains a list of objects that do not fall under the confiscated property of bailiffs;

  • Article 80 of the Federal law №229 "On enforcement proceedings" - contains the rules of seizure;

  • Federal law No. 118 dated 22.07.2009 – contains the work order and duties of officers.

In Addition to these normative-legal acts in 2012, the bailiffs may arrest your Bank account for the purpose of execution of court decisions. However, it should be borne in mind that there are a number of limitations:

  • It is forbidden to hold more than 50% of the amount of Bank cards;

  • Some accounts have immunity before the bailiffs: care benefits, certain types of pensions, etc.

Our citizens have become accustomed to surprises from the bailiffs, when instead of messages on the salary, they get credit. The trial, decisions on enforcement proceedings – everything happens in secret, without proper notice. As a result, citizens are left without funds when they suspect nothing. This applies to unannounced visits, after which things take in confiscated the bailiffs.

What not to confiscate

Many people wonder what property can be arrested. We answer: can I remove those things that do not fall under the ban. According to the legislation, the implementation of the arrested property by bailiffs prohibited if it:

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  • Only shelter of the debtor, members of his family, with the exception of real estate acquired by citizens for mortgage lending;
  • The land on which is located a single housing, the exception is mortgage lending;
  • Personal items (clothes, shoes, etc.), with the exception of jewelry and luxuries (mink coats, hats, etc.);
  • Items that are required for professional activities, such as a computer to the programmer;
  • Animals from personal farms, as well as buildings and premises in which they are held;
  • Seeds for planting;

the arrested property on the implementation

  • The fuel that goes to heating the family and cooking (wood, coal, gas cylinders, etc.);
  • Tools, including transportation required for persons with disabilities;
  • Commemorative tokens awards;
  • A property that does not belong to the debtor in a joint apartment;
  • Money that is less than the subsistence minimum for each family member dependents.

As you can see, the list is quite impressive. However, it defies legal logic: the law must have a principle of expediency.

 arrested the property of the Bank You Cannot take from the debtor thing if they seriously worsen his position. Bailiffs are interested mainly in Bank accounts, second property, cars, jewelry. Some women who were men whose years do not pay debts for alimony, ready to tighten the law. There have been suggestions to imprison debtors, and all property described in confiscated bailiffs.

Property Valuation

what property can be arrested

After seizure of property, the debtor has 30 days to repay the debt. Realization of the arrested property by bailiffs begins with an assessment. In some cases, the bailiff himself evaluates property “eyes”. This is the household appliances, utensils, etc. However, the law provides for the mandatory involvement of a professional evaluator:

  • Seized property of banks;
  • Property;

seized property auction

  • Securities;
  • Precious metals
  • Collectible items, objects of art;
  • Things, the value of which exceeds 30 thousand rubles.

In addition, if the bailiff has estimated, for example, plasma TV in the 1 thousand rubles, the debtor has the right to disagree with this. In this case, necessarily need to call an appraiser. The result is an unpleasant surprise borrowers: the property, even expensive, estimated to be well below the market price. The purpose – to obtain funds quickly.

Citizens know this and often use the services of various thrift stores. You need to keep in mind that to write to a higher authority on the result of the evaluation does not make sense, you need to go to court.

Score Appeal

Assessment of a professional evaluator may be appealed in court within 10 days fromof receipt of the notice of assessment. It is important to keep in mind that you can appeal to the decision of a bailiff and not the result of the evaluation, as the latter is a recommendation, whereas the resolution of the bailiff has the status of a normative act.

Property under arrest on the implementation

Confiscated property more than 500 thousand rubles is through specialized auctions. This process is protected by the state, has a lot of criticism in terms of honesty and openness.

The first stage is made publicly available trading information, what property is to be sold 30 days prior to the auction. It is engaged in property management. Persons wishing to participate must pay a Deposit of 5% of the cost for confirmation of solvency.

However, frequent manipulation during the auctions by participating nominees to increase the price of the lot. The authorities often raise the bar to 50%. This causes discontent, they say, artificially limit access. But do not forget that after the auction need to pay the full value of the property, so this measure is authorities does not seem draconian.

Seized property for implementation is through an auction.

the implementation of the arrested property by bailiffs

In order to maintain order, the local authorities themselves appoint a number of persons.

If the auction is not held the bailiffs sent a letter to the lender. After that, he needs to go to court in order to reduce the original amount by 15%. Then everything happens again to full implementation.

The Winning participant shall within 5 days to finally pay for the acquisition.

Seized property auction. How to participate

Participate in the acquisition of confiscated goods bailiffs can be both physical and legal persons. For this you need the following documents:

  • Application;
  • Copies of the payment receipt of the Deposit;
  • Copies of the documents proving the identity;
  • Notarized consent of the spouse to acquisition of property;
  • Sealed envelope with the initial offer;
  • Certified copies of constituent documents for legal entities.

Results

So, confiscation is happening bailiffs (FSSP). The seized property is further divided into two categories. In the first get cheap things. Sell them through auctions. Expensive things, property, appliances are sold through special auction.


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DE: https://tostpost.com/de/das-gesetz/21097-die-umsetzung-des-beschlagnahmten-eigentums-die-von-den-gerichtsvollzi.html

ES: https://tostpost.com/es/la-ley/21114-la-implementaci-n-de-la-persona-arrestada-bienes-judiciales-comisarios.html

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JA: https://tostpost.com/ja/the-law/11797-bailiffs.html

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Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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