One of the troubles awaiting unscrupulous debtors - car owners, as well as unsuspecting purchasers - is an unexpected finding out that the car was arrested. This circumstance significantly limits the range of possible actions in relation to the car, and in the future threatens with more serious consequences - withdrawal and sale. Therefore, the need to consult a qualified lawyer in such situations is difficult to underestimate. In this article, we will try to analyze in detail the typical situations when a car is seized, what to do in a particular case, you can find out by applying for a free online consultation on our portal.

Differences between restriction of registration actions and real arrest of a car

1. Possibility of movement uncontrolled by arresting services;
2. Registration of administrative actions of the owner in the traffic police;
3. The existing practice of buying and selling a car “by proxy”, when the official owner of the car may not even know about its whereabouts.

All this in practice formed two concepts of car arrest:

1. Restriction of registration actions (in this case, it will be denied the opportunity and even pass a technical inspection), when the bailiff cannot determine the location of the car or the arrest is intended only to prevent the alienation of the vehicle;
2. Direct inventory and seizure of the car for the subsequent sale and repayment of the owner's debts (physical arrest).

The first thing the owner should know if the car is seized , — the basis for this action is a decision of a court or other authorized body. The decree limits all registration actions with a car in the traffic police. If the measures taken did not produce the desired results (for example, the owner did not pay the debts, despite all the inconveniences associated with the restrictions), the bailiff may initiate a search for the car, in which case such measures will be taken against the car as if it were stolen.

Physically, the seizure of the car can be imposed only through its inspection, preliminary assessment and inventory by the bailiff. After such an arrest, the car is confiscated from the owner and given for storage to a specially appointed person (custodian).

Why is a car impounded?

Most often, cars are arrested by the bailiff service if the owner of the car is a debtor in an executive case who has not paid his debts in a timely manner, whether it be fines, alimony, debts collected by the court on utility bills, loans, taxes, and so on.

A restriction on the disposal of a car may be imposed in the course of a court hearing in a case in which the car acts as a disputed property. Such an arrest is imposed to secure a claim and does not threaten with seizure until the final decision of the court.

Customs authorities can arrest a car in case of violation of the procedure for its import into the territory of the state. There is also an arrest by the traffic police, it is used by inspectors in cases of damage to license plates, engine or body numbers, and means only the impossibility of deregistering a car until reconciliation after their restoration.

How to find out about the status of a car

An unscrupulous debtor most often knows about the possibility of seizing property, and in addition, the bailiff notifies him of all enforcement actions by sending copies of important documents. It is more difficult for car buyers, because at the time of the conclusion of the contract and the transfer of the car, the seller may remain silent about the fact of arrest. An unexpected refusal to register, may be an unpleasant surprise, so you should prepare in advance.

You can check the status of the purchased car by submitting a request to the bailiff service or the traffic police inspection. To contact the latter, you should first find out from the owner:

• Make and model of car;
• state number;
• VIN, body and engine numbers.

You can also check a car for arrest via the Internet - for this, just enter the same data on the traffic police website.

Instead of a conclusion, we note that the removal of an arrest from a car subjected to this measure of influence due to the accumulated debts of its owner is possible only through their full repayment. Articles about other problematic issues of automotive topics, for example, what to do, you will find on our portal.

Today there are many opportunities and ways to check for arrest of a car. The easiest option is to go to the traffic police and find out what are the restrictions on a car whose state number is known. You can get information yourself by visiting several sites designed for car owners. Checking the "legal" cleanliness of the car will be reliable if you visit the official government websites:

• Public services (a complete list of information support for vehicle buyers).
• Traffic police (information about the previous history of the operation of the machine).
• Federal bailiff service (ban on the sale of movable property).
• Federal Notarial Chamber (information about mortgage cars).

It is recommended to use the information provided by the Federal Public Organization, working under the motto "HIFT - SIGNAL - INTERCEPT". On the website of the organization there is a list of cars put on the wanted list.

public services

Reliable information is provided by the State Services Portal of the Russian Federation. The official website explains in detail how to check the car in person or through a legal representative. Types of obtaining information:

• at a personal appointment at the regional center of the MFC (multifunctional center);
• by mail;
• electronic.

On-line version of public services useful to motorists - https://beta.gosuslugi.ru/10003/1. Information is provided in the personal account by e-mail (e-mail). You need to register, provide your last name, first name, patronymic, date of birth. Select the type of information that is requested. They will inform you if there is a ban on the sale due to legal or tax debt. In addition, you can get official information on the progress of enforcement proceedings on collateral. Information is available from the traffic police, which provides information about the restrictions on registering a purchased car. The check was successful - the system gives a positive answer, in case of refusal, the reasons are reported. Information is transferred to the applicant after payment of public services.

Traffic police database

Main official website http://www.gibdd.ru/check/auto/. On the site you can learn for free how to check a car for restrictions that do not allow it to be registered to a new owner. There are several ways to check for this:

• by wine number (VIN);
• body number;
• license plate.

The presence and type of legal debt (prohibition on sale) has not yet been reported. The site is in the process of being updated with new applications and often, unfortunately, loads slowly. It is planned to increase the database of cars put on the wanted list.

It must be borne in mind that a check by wine number should be carried out when there is confidence that the numbers are not “killed”. It has been established that there are no restrictions, then you can proceed to verify the legal purity of the transaction, obtaining information from other official sources.

Mobile app

A new mobile application to the traffic police website allows you to “break through” a car for search or find out if there are fines imposed. It's called "Quick Response". The application is installed free of charge and independently for Android, iOS systems from the traffic police website. The application contains a lot of useful information, including the ability to make an emergency call to the police at the touch of a button. The database is updated from the website of the Ministry of Internal Affairs.

Bailiffs

Federal Bailiff Service http://pda.fssprus.ru/iss/IP. The data bank was created for individuals and legal entities. A ban on the sale of a car is assigned under Article 80 of Law No. 229-FZ. You can check the car for arrest, but only “publicly available data” will be provided - the wording of the law. To get information, you need the data of the seller of the car:

According to some sections of the Civil Code and the Criminal Code, the presence of legal debts allows the confiscation of personal property. You can remove the ban on the sale only by paying the debt. The entry in the data bank will be deleted or changed within 3-7 days from the date of payment.

Pledge machines

The Federal Notarial Chamber provided the opportunity to obtain information from the register of notifications on the pledge of movable property https://www.reestr-zalogov.ru/. According to Law No. 379-FZ, the presence of a loan transfers the car to the category of collateral. The car owner has the right to operate it, but he has no right to sell it without the permission of the bank. To obtain information from the pledge registry, an extensive list of information is required.

In addition to the VIN number of the vehicle, data will be required mortgagor (an individual who pledged a car). Full passport details must be provided. The ban on the sale of a car that is part of the property of a private enterprise can also be found on the website of the Notary Chamber. To do this, you need to know the OGRN and TIN of the organization. There is no car in the mortgage register, then you can buy it. Please note that the service is paid.

Credit

The most difficult thing is to get a credit history of a car. Federal Law No. 395-1 Article 26 obliges credit institutions to maintain banking secrecy. Certificates on accounts and deposits of individuals are issued, as a rule, only by a court decision, sometimes at the request of an insurance company. Restrictions on the sale of a "credit car" are set by banks. With a large debt, they have the right to establish a ban on the sale. The owner, when selling a “credit” car, is obliged to notify the buyer of the amount of the debt. The conditions for concluding a contract for the sale of a “credit car” are explained in Article 460 of the Civil Code of the Russian Federation. If a debt is found after the purchase, you need to go to the bank and find out the conditions for repaying the loan, otherwise the car may be arrested.

The judicial authorities and the FSSP of Russia have the right to seize the property of the defendant or debtor in order to ensure the execution of a court decision (, Article 80 of the Federal Law of October 2, 2007 No. 229-FZ "").

In order not to end up in an unpleasant situation by buying a car that has been seized, we recommend that you check the vehicle before concluding a deal. Recently, the traffic police announced a new useful online service that allows you to get information about the arrest of a car you are interested in without visiting the traffic police.

To do this, you need to enter the official website and enter the VIN code of the car (you can find it in the Passport of the technical tool or in the Certificate of registration of the technical tool for your car). Then, from the list below, select the "Check for restrictions" function and click on the "Request verification" button by entering the security code that appears (the numbers shown in the picture).

If you have correctly entered all the necessary data, then on the next page you will see information about the presence or absence of a ban on carrying out registration actions with the car.

Buying a car in arrest means making problems for yourself. The owners of the arrested cars do not have the right to sell them. However, some of them still manage to get rid of the car, hiding the fact of the arrest from the buyer. The new owner comes to the traffic police to register the purchase and is refused. There is a vehicle, but it cannot be used.

Insure yourself against such situations - before buying check the car for arrest by bailiffs!

What happens if you DO NOT check the car for arrest before buying

Three main reasons for the arrest of the car:

• property disputes;
• the car is stolen;
• the presence of the former owner of unpaid fines.

Maria Pogulyak, Legal Aid Center "My Rights":

“Basically, new owners suffer for non-payment of a loan from a bank, alimony arrears or due to the presence of unpaid fines. The most difficult case is if the seller deliberately concealed the existence of encumbrances. If the car is stolen, then it will definitely be taken away, and the only option is to terminate the contract of sale and collect money from the seller, apparently in court. It is possible that the seller will hide, so carefully check the purity of the transaction before it is completed. In other cases, there is a chance to remove the seizure at the request of the buyer and return the car, but, as usual, the devil is in the details.

You can read more about what the purchase of a car in arrest threatens in a special material.

In order not to waste energy, time and money on courts in the future, we advise you to check the car before buying. You can break through a car for arrests by vin or state. number.

How to check a car for arrest by wine or state. number

You can find out if the car is under arrest by bailiffs using the Autocode service. To do this, enter the car number or vin code in the search bar, press the check button and in a few seconds you will receive a brief report about the car. A detailed history of the car will be available after payment for the service.

Checking the car on Autocode will tell you about this:

• The presence of arrests and restrictions;
• Participation in an accident;
• History of fines;
• Runs;
• History of registration actions;
• Number of owners;
• And much more about insurance, those. inspections, etc.

Checking the car for arrest by bailiffs will take no more than five minutes!

Checking a car online using the application

We have developed apps for Iphone and Android. Now you can break through the history of the vehicle on a deal or at any other convenient time, because the application is always with you - in your phone.

To use the app, you need to install it. To check the vehicle, you need to enter the state. number or VIN of the vehicle. Within 5 minutes, a report with the history of the machine will be generated. All received reports are stored in a special section of the application, and a link to the report is sent to your e-mail and in the form of sms to your phone number.

The only drawback of the test is that it is paid. The cost of the report is 349 rubles. But it's worth it, because you will be confident in the car you buy.

Why you should check your car with Autocode

There are at least three reasons why you should choose us:

• Unlike other services, you do not need to look for VIN to check for Autocode, just find out the registration number of the car.
• We check cars without VIN. For example, to check a Japanese car, you need to enter the registration number or body number.
• We have developed apps for Iphone and Android. Now you can check the vehicle on the deal.

We receive all data only from official sources - the traffic police of the Ministry of Internal Affairs of the Russian Federation, executive and judicial authorities, large insurance companies.

We are always in touch! If you have any questions, please call or write to us.

The most common reasons for arrest include malicious non-payment of various taxes, accrued fines, alimony, outstanding debts to banks. What is an arrest According to paragraph 1 of Art. 27.14 of the Code of Administrative Offenses of the Russian Federation: The arrest of goods, vehicles and other things that were instruments or subjects of an administrative offense consists in drawing up an inventory of these goods, vehicles and other things with an announcement to the person in respect of whom this measure of securing proceedings in a case of an administrative offense has been applied , or his legal representative on the prohibition to dispose (and, if necessary, use) them and is applied if the specified goods, vehicles and other things cannot be seized and (or) their safety can be ensured without seizure.

Attention

As you can see, it’s just a vicious circle and you shouldn’t try to sell an arrested car, even if it works out, then nothing good will come of it. The bailiffs have the right to seize the arrested car from you, this is the worst thing that can happen, you can only return it if you fulfill the requirements laid down in the executive document voluntarily, that is, pay off the debt. After that, your car will be returned to you. If, after the seizure of property, you do not fulfill the requirements laid down in the executive document, then your car will be sold at a public auction and the debt will be repaid at the expense of the proceeds.

If the car belongs to shared ownership, then it cannot be confiscated without an additional court order. Using a general power of attorney allows you to dispose of the car, but it is not property. You will have to prove your non-involvement in movable property by all means, including the testimony of witnesses.

Some owners try to avoid confiscation by transferring the car to their minor children, who are not subject to administrative penalties. In this case, during the investigation, the period of ownership of the child will be important. Documents can be declared invalid, and the agreement (donation, bill of sale) fictitious.

The law provides that jointly acquired property, in particular, a car, can be seized.

Copies of the decision and the act are sent to the parties to the enforcement proceedings, to the bank or other credit organization, interested parties no later than the day following the day the decision was made and the act was executed. If the property is seized, then copies are transferred immediately. Property appraisal is carried out by the bailiff at market prices, unless other conditions are established by the laws of the Russian Federation.

The appraiser is involved within a month from the date of discovery of the debtor's property. Arrest is not applied when the amount of the penalty is less than 3,000 rubles. The procedure for removing the arrest The bailiffs are addressed with a written application, which indicates a request to remove the restriction.

If the car owner sells the car, he must attach the contract of sale of the car (certified copy). If the bailiffs refuse to lift the ban voluntarily, you need to sue.

The motorist will continue to own the vehicle, but will not be able to sell it, since the buyer will not be able to re-register the car after the purchase. Prohibition (or prohibition) - a measure established by the authorized bodies that prevents the car owner from performing certain actions in relation to his vehicle. Arrest - an inventory of the car, a ban on the disposal of the car.

With the help of a ban, you can prevent the commission of any specific actions with the car, with the help of an arrest - all actions completely. If the restrictive measure is chosen by bailiffs or other authorized bodies unlawfully, the car owner can challenge it. There are many such court cases.

The application is accompanied by documents that confirm the payment of the debt and other payments under the writ of execution, the decision to terminate the enforcement proceedings, which was taken by the court, etc.

The citizen must ensure that the required information is reflected in the database. Prohibition on vehicle registration This is another restriction that encourages the car owner to eliminate the violation for which the ban was imposed, or to fulfill their obligations. At an early stage in the proceedings, bailiffs rarely seize a car.

They prefer to first use the right to impose restrictive measures on registration actions. The procedure is regulated by the Order of the Ministry of Internal Affairs No. 1001 of November 24, 2008 "On the procedure for registering a vehicle." Courts resort to restrictions if a dispute arises over the ownership or division of movable property.

Then the car owner will not be able to conclude a legal deal to sell the car until a court decision is made to lift the restriction.

At the request of the claimant to seize the debtor's property, the bailiff decides to satisfy or refuse to fulfill the requirement no later than the day following the day the application was submitted. Arrest on property is applied in the following cases:

• if it is necessary to ensure the safety of property belonging to the transfer to the recoverer or sale;
• in the execution of a judicial act, which stipulates the obligation to confiscate property;
• when executing a judicial act that the property belonging to the debtor must be seized.

It is impossible to seize the pledged property to secure the claim of the recoverer, who does not have an advantage over the pledgee in satisfying the claims. If the car is arrested, is it possible to drive it? When seizing the property of the debtor, it is prohibited to dispose of the property.

A prerequisite for the seizure of the debtor's car by bailiffs is the correspondence of the amount of debt and the value of the car. The vehicle must be the property of the debtor and subject to judicial review. The confiscation is carried out with the participation of two witnesses, the TCP is taken, the car is sealed and the speedometer readings are recorded.

An inventory is drawn up confirming the complete set, flaws and features of the car.
You need to explain to the bailiffs that you do not refuse to pay your debts and will return the debt, but at the moment, you do not have the opportunity to pay the entire amount of the debt at once, so demand that you be given the opportunity to gradually pay off the debt so that you can make periodic payments. If the arrest was nevertheless imposed on the car, then find out how to remove it and whether it is possible to remove it if you begin to gradually fulfill the requirements of the executive document, but most likely the arrest will not be removed until the obligations are fully fulfilled. You can also apply to the court that issued a decision in your case with an application for an installment plan for paying off the debt and for the possibility of removing the arrest from the property.
Most likely, the court will satisfy your application regarding the granting of a delay, but the removal of the arrest will most likely not happen.

This happens only after determining the share of ownership, since the second spouse can claim their rights by going to court. The bailiff cannot arrest half of the car, for this he will have to allocate the debtor's share in court. The court will have to prove that the debtor used the borrowed funds for the needs of the family and took the loan with the consent of the spouse. In this case, both are responsible, the car may be arrested. The applicant must apply for the allocation of a share. If, after the petition, the movable property is divided by the court in shares, then a decision is made to arrest and reimburse the share of the property to the second spouse after the sale of the object. This option gives a delay to the debtor, allowing you to pay off the debt without selling the car or selling it with the written consent of the applicant.

Conditions and procedure for seizing a vehicle by bailiffs

Registration Chamber and require the debtor to present relevant documentation, including a cadastral plan. How the confiscation of property is carried out by bailiffs A brief procedure for the actions of bailiffs during the confiscation of property:

• upon receipt of a writ of execution, bailiffs initiate enforcement proceedings;
• property is seized, an act of acceptance and inventory of property is drawn up, which is provided for by current legislation;
• the debtor is given the opportunity within five days to filter out the property, the condemnation of which is impossible, after which the property is transferred to the disposal of state bodies for sale.

If we are talking about the confiscation of funds or bank deposits, a slightly different procedure is provided.

What is the procedure for seizing a car by bailiffs?

The bailiff has the right to leave the car for safekeeping to the defendant or evacuate him to a special parking lot. If the owner hides the location of the vehicle, then the car is put on the wanted list.

After the announcement of the arrest, the hidden vehicle is entered into the traffic police wanted database, it cannot be deregistered or pass a technical inspection. Upon detection of the vehicle, all material costs are imposed on the debtor.

In addition, the owner of the car will be required to pay penalties for concealing the object of seizure, as well as penalties for each day of delay. After the arrest of the debtor's car in enforcement proceedings, the implementation stage follows.

Within 5 days after the withdrawal, a specialized company evaluates and puts the object up for auction. Bidding can last up to two months, the debtor has a priority right to redeem his car.

In what cases is the debtor's car impounded?

How is the arrest of the vehicle? - a protocol is drawn up indicating the necessary information; – recordings are made using photo or video equipment, which are attached to the protocol; - if necessary, the vehicle is sealed. What to do if the vehicle is arrested? - find out the reason for the arrest in the traffic police or online; - pay off existing debts; - apply to the body that imposed the arrest.
How to find out the reason for the arrest online? - go to the website of the State traffic inspectorate; — enter the VIN-code; - select the item "Check restrictions"; - enter captcha; - get detailed information. Is it possible to drive a vehicle after arrest? Yes, you can. However, there are exceptions to this issue.

Seizure of property by bailiffs

Attention

These documents are sent to the traffic police without the participation of an individual, but this can be a long process, so it’s better to act on your own. Video: What to do if a car is restricted? Prohibition on registration actions When deciding to purchase a car “from hand”, it is necessary to check the vehicle for being under arrest or for restrictions on the implementation of registration actions. The motor vehicle is checked personally in the traffic police or the FSSP or on the official websites of organizations.

To obtain more complete and reliable information, you can additionally carry out checks on the websites of Autocode and the Notary Chamber of the Russian Federation. The process will only take a few minutes. If the arrest or the presence of restrictions on registration is confirmed, it is necessary to abandon the transaction.

2 ways to seize a car

What is the reason for the arrest? As mentioned above, bailiffs start dealing with you if you have debts! But be aware that bailiffs do not have the right to simply, at the request of a bank, individual or legal entity, start collecting debts from you, they must have a document on the basis of which they have every right to start a recovery procedure against you (hereinafter referred to as “enforcement proceedings "). And so, for example, you owe the bank 100,000 rubles, do not repay the loan, and you do not respond to the bank's requests to pay off the debt. The bank files a lawsuit against you in which it requires you to recover 100,000 rubles from you. The court naturally satisfies the claim and makes a decision in which it obliges you to pay the debt to the bank, after 1 month from the date of the decision, the representative of the bank receives a writ of execution, on the basis of which you are obliged to pay the amount of the debt to the bank.

Procedure for confiscation of property by bailiffs

We recommend that you check the car at the traffic police and the FSSP, as well as on the Autocode website and the Notary Chamber of the Russian Federation (https://www.reestr-zalogov.ru/search/index), where the vehicle can be checked for being pledged. Seizure procedure The car is seized on the basis of a court decision.

The reasons for the prohibition to use a motor vehicle are usually debts for:

• alimony;
• loans;
• fines;
• taxes;
• utility payments.

After a court order is issued to arrest the car, the bailiffs must notify the car owner of the decision. The seizure process is regulated by Article 80 of Law No. 229-FZ “On Enforcement Proceedings”.

How to remove the arrest from the car, imposed by the bailiff?

Goods, vehicles and other things that have been seized may be transferred for safekeeping to other persons appointed by the official who has seized. So, the arrest of a car imposes restrictions on various registration actions in the traffic police, for example, registration / deregistration or its re-registration.

Also, cars cannot be donated or sold. Some drivers, due to inexperience, confuse the seizure of an improperly parked car with an arrest, although this is not the case. Unlike arrest, the owner can pick up the car from the impound at any time, although after paying off the debt.

An arrest can be made:

• bailiffs;
• Customs authorities;
• Other organizations after court permission.

The procedure for seizing a car by bailiffs

The proceeds from the auction are directed to the benefit of the creditor to pay off the debt. Issues related to the confiscation of real estate deserve special attention. If it becomes necessary to confiscate real estate, the bailiff must also send a photocopy of the seizure document to Rosreestr in order to block any transactions in relation to the confiscated property. Otherwise, the debtor may sell the property or donate it until the moment of confiscation.

How to remove an arrest from a car imposed by a bailiff in the Russian Federation in 2018

When seizing the debtor's property, apartment or house, the bailiff must collect the following documents: a certificate of ownership, an extract from the USRR, a technical passport.
But still, if they tell you that they want to take your car away from you, then you can just put it in some parking lot away from home and let it sit on it for 2 months, wait until all the fuss has passed, especially if you if you are dealing with a bank, then no one will bother the bailiffs, the bank has thousands of such debtors. Usually bailiffs are forced to work hard by individuals and businessmen who have you the only debtor and they remember you every day and will remember until you repay the debt and therefore they will constantly remind the bailiffs that you have property and it needs to be arrested. So the bailiffs will have to constantly initiate new enforcement proceedings and again look for your property. How to remove the arrest? The arrest can be removed only by actually fulfilling the requirements laid down in the writ of execution.

When selling or buying a car, it may turn out that it has been seized, and not always its owner knows about it. Sometimes they find out about this when checking a vehicle at a traffic police post or trying to register a car for another person. And few people know what to do if the car is under arrest and whether there are any differences, for example, from imposing the same ban on registration actions.

If the car was seized, then it cannot be used for its intended purpose and stopping at the traffic police post will lead to forced evacuation to the impound. If only registration actions are limited, you can drive a car, but registration for another person is no longer possible (only if you limit yourself to a general power of attorney in his name).

Who and when can arrest the car?

Mostly, bailiffs are engaged in the seizure of vehicles, designed to ensure the return of various debts, for example, on loan obligations. And not only in cases where the car was bought in installments, but also for other types - consumer loans, alimony.

If this happened, then the question of how to remove the arrest from the car remains to be dealt with only after the full repayment of the debt presented. But at the same time, you must take into account your right to receive information on this fact. It is also important to have knowledge of all the features of this procedure:

• Any property can be arrested only by a court decision, which means that you can familiarize yourself with it and, if you wish, challenge it. In some cases, the initiative comes from bailiffs or customs authorities, but they are also challenged if they are illegal.
• Bailiffs are required to hand over to the owner of the car a warrant of arrest, where the reason for the arrest is written. If you wish, you can submit a written request for clarification on this fact.
• If it is impossible to establish the location of the debtor or the car, first a restriction is imposed on registration actions, information may be put on the wanted list.

The removal of the arrest from the car by bailiffs is carried out only after its owner brings documents confirming the payment of the entire debt or at least part (at the discretion of the bailiff).

No one else has the right to impose an arrest or remove it.

bailiff procedure

Even if the creditor bank or collection agency tries to tell the debtor about it, their words are not true.

An exception is the case when the bank takes the loan car on the basis of one of the clauses of the loan agreement, but in this case the lender is obliged to act through the bailiff service. All other statements have no basis, as well as legal significance.

How to remove the arrest from the car?

The first thing the owner should do when confronted with the question of what to do if the car is seized is to find out if the grounds for this are legitimate? When considering some cases, lawyers find out that the plaintiff did not have the right to arrest the car, for example, the reason was tax arrears, and the car was bought on credit and is pledged to the bank. It is a completely different matter when a bank wants to take a credit car and initiates an arrest to ensure its safety.

The next thing to do if a personal car is seized is to find out what the reason is (debts to the bank, alimony, violations of import from abroad). This will allow you to understand where to go for additional information that will help you get rid of the problem when solving the relevant issues. For example, pay off debts at the bank and take a certificate of their absence, and then present it to the bailiff. In some cases, you have to go to court yourself.

Lawyers receive questions about how to remove the arrest from a newly purchased car, when this was found out during the registration of the vehicle, while the car was “clean” when the contract of sale was drawn up. This is possible if the bailiffs did not know anything about the fact of the purchase (until the moment of registration, the previous owner is still listed in all databases) and make a decision.

In court, you will have to provide evidence of the completed transaction - issued OSAGO, CASCO insurance and other documents indicating the actual entry into the rights to the car. Without this, the court may take into account the possibility of a fictitious nature of the transaction for the sale of vehicles and refuse to cancel the arrest.

The same will have to be done in situations where the car was pledged to an individual under a loan agreement, and the arrest was imposed on it due to other circumstances (the bailiffs do not always take into account the fact that such agreements have full legal force).

Article 80. Seizure of the debtor's property

1. The bailiff, in order to ensure the execution of an executive document containing claims for property recovery, has the right, including within the period established for the voluntary fulfillment by the debtor of the requirements contained in the executive document, to seize the property of the debtor. In this case, the bailiff has the right not to apply the rules of priority for foreclosure on the debtor's property.

1.1. Seizure of the debtor's property under an executive document containing a demand for the recovery of funds, with the exception of the arrest of funds, the seizure of pledged property subject to collection in favor of the pledgee, and the seizure of property under an executive document containing a requirement to seize, is not allowed if the amount of recovery under enforcement proceedings does not exceed 3,000 rubles.

(Part 1.1 was introduced by Federal Law No. 34-FZ of March 12, 2014)

2. At the request of the claimant to seize the property of the debtor, the bailiff decides to satisfy the said application or to refuse to satisfy it no later than the day following the day of filing such an application.

3. Arrest on the debtor's property is applied:

1) to ensure the safety of property that is subject to transfer to the recoverer or sale;

2) when executing a judicial act on confiscation of property;

3) when executing a judicial act on the seizure of property belonging to the debtor and located with him or with third parties.

3.1. Seizure of the pledged property in order to secure the claim of the recoverer, who does not have an advantage over the pledgee in satisfying the requirements, is not allowed.

(Part 3.1 was introduced by Federal Law No. 405-FZ of December 6, 2011)

3.2. Seizure of the debtor's property transferred for deposit to the escrow agent, including funds held in the escrow account, is not allowed.

(Part 3.2 was introduced by Federal Law No. 212-FZ of July 26, 2017)

4. Seizure of the debtor's property includes a prohibition to dispose of property, and, if necessary, restriction of the right to use property or seizure of property. The type, scope and term of restriction of the right to use property are determined by the bailiff in each case, taking into account the properties of the property, its significance for the owner or owner, the nature of the use, about which the bailiff makes a note in the decision to seize the property of the debtor and ( or) an act of seizure (inventory of property).

(As amended by Federal Law No. 389-FZ of December 3, 2011)

(see text in previous)

5. Seizure of the debtor's property (with the exception of the seizure carried out by the registering body, the seizure of funds and precious metals held in accounts with a bank or other credit organization, the seizure of securities and funds held by a professional participant in the securities market on the accounts specified in Articles 73 and 73.1 of this Federal Law) is carried out by a bailiff with the participation of witnesses with the drawing up of an act of seizure (inventory of property), which must indicate:

(as amended by the Federal Laws of July 19, 2009 N 205-FZ, of July 26, 2017 N 212-FZ)

(see text in previous)

1) last names, first names, patronymics of the persons present at the arrest of property;

2) the names of each thing or property right entered in the act, the distinguishing features of the thing or documents confirming the existence of a property right;

3) a preliminary assessment of the value of each thing or property right entered in the act and the total value of all property that has been seized;

4) type, scope and term of restriction of the right to use property;

5) a note on the seizure of property;

6) the person to whom the bailiff transferred the property for protection or storage, the address of the specified person;

7) a note on explaining to the person to whom the bailiff transferred the arrested property for protection or storage, his duties and warning him of liability for embezzlement, alienation, concealment or illegal transfer of this property, as well as the signature of the specified person;

8) remarks and statements of persons who were present at the seizure of property.

6. The act of seizing the property of the debtor (inventory of property) is signed by the bailiff, witnesses, the person to whom the bailiff transferred the specified property for protection or storage, and other persons who were present at the time of the arrest.

Seizure of a car by a bailiff

In case of refusal of any of the indicated persons to sign the act (inventory), a corresponding note is made in it (in it).

7. Copies of the bailiff's decision to seize the debtor's property, the act to seize the debtor's property (property inventory), if they were drawn up, are sent to the parties to enforcement proceedings, as well as to a bank or other credit organization, a professional participant in the securities market , to the registering body, the debtor, the owner of state or municipal property, other interested parties no later than the day following the day the decision was made or the act was drawn up, and in case of seizure of property - immediately.

8. The decision of the bailiff on the imposition (removal) of the arrest on the debtor's real estate or the information contained in the decision and the act on the seizure of the debtor's property (property inventory), within three days from the date of the adoption of the decision, are sent to the registering authority in the form of an electronic document using a unified system of interdepartmental electronic interaction.

(Part 8 was introduced by Federal Law No. 383-FZ of December 3, 2011)

Your car will definitely rot from such actions of bailiffs. in accordance with the law, the car could be confiscated if there is an execution proceeding on foreclosure on the pledged property, and the price is set by the court.

When bailiffs can arrest a car and what it threatens

and I suppose it is so, since the arrests were removed from the account.

bailiff action plan

initiate enforcement proceedings, notify you of it by handing in a decision to initiate a sp.

give a voluntary deadline for the transfer of a car

prohibition of reg actions

and send you a notice of enforcement action

come to you at the appointed time and place and begin to draw up an act of inventory and seizure of property, in which they could register with the seizure of the car

you should have been warned. liability under Art. 312 uk

pick up the car, which is previously sealed with patterns with the seal of the bailiff department and take it to a special parking lot

not later than 10 days from the date of the arrest of the car, send a resolution on the involvement of appraisers (this is regulated in the order of the director of the FSSP Parfenchikov A.O.)

and issue an assessment

evaluation period six months

then send for sale and set an auction (at least 2 pcs)

if no one buys, then the creditor is offered to take the car and pay the price minus 25 percent

if the claimant does not want to return it to you so that you buy it, and if you do not want it, then after some time it will be returned to you.

These are all actions not only from the law, but also from practice.

Now, your actions:

SP is lost (SP - Spanish production), it takes a long time to restore, and they don’t want to see, so you should file a complaint with the ufssp, then the FSSP, then the prosecutor’s office.

collect responses from these structures

and apply to the court for recognition of the inaction of the bailiffs as illegal

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