In fact, in most cases, property and accounts are seized not by the court, but by bailiffs. Their official duty is to implement the court decision. If the court makes a decision to collect the debt, the defendant is given only 5 days to voluntarily give the necessary funds to the plaintiff. After this, the procedure for forced debt collection begins, which also involves the seizure of the debtor’s bank account and property.
Sometimes the court imposes a seizure before the end of the process. This is possible in cases where the dispute in court is about specific property. This measure is used to ensure that the defendant does not sell it before the court decision. In this case, the arrest imposed by the court is lifted after the trial.
If you want to lift the arrest imposed by the bailiffs to enforce a court decision, you should contact a specialist. This task is best handled by a lawyer who specializes in debt disputes.
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How to stop recording an arrest in the Unified State Register of Real Estate? Rosreestr responds
- December 14, 2020
It's no secret that real estate transactions are among the most complex, as there is a risk of facing legal disputes and, possibly, seizure or prohibition of the property.
And then it will be impossible for its owner to fully realize the classic “troika” of powers - possession, use and disposal. As a rule, citizens learn about the fact of seizure by receiving a notice of state registration of a restriction of rights, and to find out the reason for its implementation, as well as with questions about lifting the restriction, they contact the rights registration authority. It should be borne in mind that the procedure for terminating entries on restrictions on rights is similar to the procedure for making them.
The procedure for entering records of arrests (bans) into the Unified State Register of Real Estate (USRN) is determined by Federal Law No. 218-FZ “On State Registration of Real Estate”.
As a general rule, a certified copy of the act of seizure, prohibition to perform certain actions with the property, or a copy of the act of lifting the seizure or ban, within three working days must be sent to the body for registration of rights by the body that made the decision to impose the seizure, prohibition (court , bailiff, etc.).
But what to do if such a document has not been received by the registration authority and the information has not been entered into the Unified State Register of Real Estate?
Inessa Makarova, head of the arrest registration department of the Rosreestr Office for the Perm Territory, comments:
“If information about the arrest or termination of arrest is not included in the Unified State Register of Real Estate, then any interested person (owner, debtor or claimant, plaintiff or defendant, etc.) also has the opportunity to submit documents on interim measures or their termination to the rights registration authority. To do this you need to do the following.
An interested person may contact the rights registration authority with an application to enter information about interim measures taken in relation to the property or their termination. The application must be submitted in the manner established for submitting an application for state cadastral registration or state registration of rights, including by personal application to the multifunctional center for the provision of state and municipal services (MFC) or, if the applicant has an electronic digital signature, in electronic form .
The application must be accompanied by a certified copy of the document on the imposition or removal of the seizure.
From the date of receipt of the application of the interested person, the rights registration authority, within three working days, independently requests documents from the authority that made the decision to seize the real estate.
After receiving such a document, state registration of the arrest and its termination will be carried out within a period not exceeding three working days. The owner of the property will be notified of the actions taken to register the seizure or of its termination.
In this case, the interested person, upon consideration of his application, receives a notification about entering the relevant information
in the Unified State Register of Real Estate or a notification of failure to receive the necessary information from the authorized body.”
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Reasons for the seizure of a Sberbank bank card
Seizure means blocking of money on a personal account linked to a specific client card. The amount of blocked funds is determined by the amount specified in the executive document or the available balance. Blocking means that the client’s funds cannot be used for any transactions, including paying for purchases or withdrawing cash from an ATM. At the same time, a Sberbank client can still use money in excess of the blocked limit.
The bank must notify the client of the imposed sanctions by sending an SMS message. The most common reasons for arrest, which are obtained based on Sberbank statistics, are listed on the official website of the financial institution.
A seizure on a client’s card or account means that the bailiffs have a court decision and have initiated enforcement proceedings. The reason for such actions is the appeal of an individual’s creditors with a statement of claim to collect debt from the client.
It is important to note that such activities are usually started several months after the client has an overdue debt. In other words, the borrower is given a lot of time to repay the debt and prevent the card from being seized.
Mortgage encumbrance
This is the most common case in which an encumbrance is placed on real estate. According to the mortgage agreement, the borrower is obliged to coordinate with the bank the sale, exchange and other transactions with the apartment. Depending on the lender, this condition may be supplemented by others:
- coordinate repair work;
- obtain permission for registration of unauthorized persons;
- provide notice of departure from the country for 2 months or more.
To get rid of restrictions, the borrower must pay off the debt.
How long should I wait for unlocking?
The card unlocking time consists of several components necessary for the following actions:
- crediting funds to FSSP accounts;
- making a decision to close enforcement proceedings;
- notification to the bank of the decision made.
After receiving official documents from the FSSP, Sberbank removes the imposed restrictions within 3 days. Usually this procedure takes 1-2 days. If the arrest is not lifted during this time, you must contact the FSSP, since the bank most likely did not receive the relevant documents from them.
Why can an apartment be seized?
Most often, an apartment is seized in case of tax debts of the apartment owner. It happens that only one of the co-owners of the apartment is considered a debtor. Also, the apartment may be seized if there is debt on a loan from a bank or other financial institution.
The most common reason for the seizure of an apartment is mortgage debt. Perhaps the bank client is not a malicious defaulter at all, but has lost his job and is asking the bank to provide a “mortgage holiday.” In order to provide such a deferred payment, the bank needs some guarantees. Such a guarantee can be a temporary seizure of the apartment. The bank itself cannot seize the property; to do this, it files a claim for seizure in court.
Encumbrance during trust management
When concluding a trust management agreement, the owner of the property transfers to another person the authority to manage the apartment without losing ownership. This scheme is used when renting out an apartment, when the owner does not want to waste time on organizational issues. The trustee fulfills his obligations, receiving money for it.
The trust management agreement is concluded for a period of up to five years. After this, one of the parties submits an application to terminate the contract, and the encumbrance is removed. The contract can be terminated ahead of schedule at the mutual desire of the parties.
Seizure of a bank account by bailiffs
As a rule, a bailiff seizes a bank account, and blocking an account entails automatic blocking of all cards linked to it. It is worth noting that the FSSP does not have the right to seize all accounts.
By law, a bailiff can collect:
- from a salary account;
- from the account to which the income of self-employed and individual entrepreneurs is received;
- from a pension card.
The amount of the penalty should not exceed 50% of the proceeds. In cases where alimony arrears are being repaid, compensation for health damage caused to another citizen, or compensation for damage associated with the commission of a crime, the amount of the penalty is 70% of the salary. If the debtor has a difficult financial situation, has young children or has become disabled, the recovery can be reduced to 25% of income.
The bailiff does not have the right to seize the entire salary card. But just like with bank cards for child benefits, the FSSP can block funds in your salary account. If the bailiffs have seized the salary card, you need to contact the bank for an account statement and the accounting department at work for a certificate indicating the amount of the salary and the bank account to which it is transferred. To remove the seizure from your salary card, you need to come to the bailiff with these documents and submit an application.
Please note that if the arrest of accounts by a bailiff was carried out without notice, it can be appealed. Only a court has the right to block bank cards without warning and only within the framework of criminal proceedings.
Marina Aksenova Lawyer, website author
Expert commentary
Encumbrance in a rent agreement
This document is concluded by elderly people who bequeath their apartments to strangers involved in their support and care. Most often this is done in the absence of heirs.
In accordance with the rent agreement, the owner of the property (rent recipient) receives the right to live in it for life and receive financial support or guardianship from an outsider (rent payer). The latter receives ownership of the apartment after the death of the annuitant. To remove the encumbrance in this case, you will need to write an application to Rosreestr.
How to remove sanctions from a card?
The standard procedure for removing a seizure from a card or a personal account linked to it always begins with obtaining information about the writ of execution on the basis of which the bailiffs act. There are several ways to do this. The easiest one is in your Sberbank Online personal account. For this it is enough:
- log in to your personal account;
- go to the desired card, next to the name of which the arrest icon will be indicated;
- click on it to follow the link, after which another icon will open - “Use. documentation";
- Click on the link again, which will take you to the page with the details of the writ of execution with detailed information about the reasons for the blocking and the amount of the seized amount.
For Sberbank clients, using the remote service is the easiest way to obtain information about the reasons for the arrest. However, there are other possibilities, including Internet services.
After determining the reason for the arrest, it is necessary to decide on further actions. There are two options. If you agree with the debt, top up the card balance in any way available to a Sberbank client. This will allow:
- pay off the debt, as the money will be automatically written off. After the enforcement proceedings are closed, the bank will unblock the card and remove the seizure marker;
- receive funds in excess of the blocked limit, which can be used without waiting for the arrest to be lifted.
If you disagree with the sanctions imposed by the bailiffs, you should contact the FSSP. It can be done:
- upon a personal visit to the service unit that initiated enforcement proceedings;
- directly on the website of the federal department;
- by contacting the FSSP hotline.
Sequence of payments when seizing an account
In accordance with Article 855 of the Civil Code of the Russian Federation, there are five write-off stages. First of all, debts under enforcement documents for the collection of alimony and compensation for harm caused to the health of another citizen are written off from the bank account.
Secondly, transfers for wages of employees (if any) and royalties are withheld.
Thirdly, funds are debited from the account for payment documents (to pay employees), to pay off tax debts, and to transfer insurance contributions to extra-budgetary funds on behalf of government agencies.
Fourthly, penalties for administrative fines, legal costs, etc. are withheld according to executive documents.
Fifthly, for the remaining payment documents.
