The word “arrest” contains a lot of frightening things for an unprepared citizen. Seizure of property, including a car, is no exception. It would seem that it could be difficult - they seized the car, came and took away the car, which means it cannot be used, which means that such a vehicle cannot be sold, which means this is not a problem for anyone other than the owner.
However, the situation is much more complicated - in some cases the seized car will be taken to a special parking lot and even sold, while in others it can be used quite legally. Since there is a question about the seizure of the car, then we will look for the answer. But we warn you, it simply won’t work – you will have to turn to several codes and federal laws at once.
- Can a bank seize a car?
- When can you drive a seized car?
- How to find out who seized a car?
- Act and resolution on seizure
- Option 1. Pay off existing debt
What does a car seizure mean?
According to Russian law, the seizure of a car is a prohibition for the owner to dispose of this property. At the same time, the bailiff, within the framework of enforcement proceedings, has the right to establish different gradations of the ban (from least to greatest): a ban on changing the owner, a ban on operation, seizure of a vehicle with transfer to storage, and arrest for the purpose of sale (sale) with auction to ensure debt repayment.
Already from the definition it is clear that arrest means several different operations, but in all cases the sale of such a car is prohibited, and the purchase and sale agreement drawn up for a car under arrest is void .
Another thing is clear - a ban on exploitation may or may not be implied by the arrest order. This means, under certain conditions, driving a seized car can be completely legal - we’ll talk about this in more detail separately.
What is the difference between an arrest with the right to operate a vehicle and a ban on registration?
These are indeed similar concepts in many ways, but they also have a fundamental difference. A ban on registration is also a restrictive measure within the framework of enforcement proceedings, but, as we have already found out earlier, the sale of such a car is possible.
Selling a seized vehicle, even if such seizure has the potential to be used, is illegal .
There is not a single legal option for the owner to sell the car until the restriction in the form of seizure is lifted from it.
If a car is the only source of income
It would seem that the logic is obvious - how will the debtor pay off his debts if his only opportunity to earn money on these debts is taken away?!
The subtlety here is that if the car is the main (not necessarily the only) source of income for the debtor, then the bailiffs do not have the right to take it away. Article 446 of the Civil Procedure Code directly speaks about this.
But there is a limitation - if you have even a slightly expensive car, then they can already take it away. According to the law, for the car to be inviolable against seizure by bailiffs, its value should not exceed 100 times the minimum wage. For 2021 it is just over 11 thousand rubles. Accordingly, if your car costs more than 1.1 million rubles, then they will be able to take it away from you for debts.
Who can impose it and on what basis?
At first glance, everything is quite simple. There are only three institutions that can use arrest as interim measures:
- court;
- Bailiffs Service;
- Customs.
Customs is a separate and rather specific issue. For the purposes of this proceeding, it will be enough to say that their capabilities are limited to cases of non-compliance with customs legislation when importing vehicles, and we will not return to the issue further in this article.
We will consider the remaining cases - courts and bailiffs - separately, but first about the seizure of vehicles by banks, creditors and other persons to whom the owner of the vehicle has incurred a debt (collectors).
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Dmitry Konstantinovich
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For those readers who have recently begun to get acquainted with our materials, I will briefly remind you of the difference between the concepts of “debt” and “debt”. Debt is not a basis for sanctions, because assumes the current state of affairs. Debt is already a violation of debt obligations, and the car can be seized for it. The simplest example is a bank loan. Everything you borrowed from the bank is debt. By paying it off on time, you reduce the size of the debt and cannot be punished for having it. However, once a payment is late, a debt arises.
Can a bank seize a car?
Neither banks, nor housing and communal services enterprises, nor the tax service, nor the ex-wife to whom there is arrears of alimony, nor any other creditor (collector) has the legal right to seize property .
But all of the listed persons and organizations have the opportunity to initiate an arrest by starting enforcement proceedings . It is no coincidence that we started with this option to indicate the mandatory participation of bailiffs (bailiffs from the FSSP - the Federal Bailiff Service, including its territorial branches). Please pay special attention to this fact - we will need it later.
For what reasons is it imposed by the court?
There can be many such reasons. To appreciate the scale, let’s look at several basic legal acts that imply the seizure of a car:
- Article 115 of the Criminal Procedure Code of the Russian Federation : within the framework of a civil claim, for arrears of fines, other types of property penalties, including confiscation of property, envisaged by the criminal legislation of Russia.
- Article 140 of the Civil Procedure Code of the Russian Federation : within the framework of a civil claim, incl. when collecting debts on loans, alimony, taxes, housing and communal services, etc.
- Article 91 of the Arbitration Procedural Code of the Russian Federation : in the presence of disputed property.
- Article 80 of the Law on Enforcement Proceedings (Federal Law No. 229) : in addition to the above, it implies the arrest of the car for the purpose of its safety (for example, for further sale).
So, the court has the right to seize property. However, it is not serious to assume that the judge or jury themselves will go to seize the car. Bailiffs exist to execute a court decision .
That is, the court will initiate enforcement proceedings (including issuing enforcement documents), but the actual execution will be handled by the FSSP. And again, we draw special attention to this fact, and then, in fact, we will explain why.
What can bailiffs arrest for?
For all types of debts in the amount of over 3,000 rubles (Part 1.1, Article 80 of Federal Law No. 229). From the above it is clear that whoever initiates the seizure of the car, the arrest itself will be carried out by bailiffs. They are responsible for registering the fact of arrest and its immediate execution.
At the same time, the FSSP also has the right to open enforcement proceedings on its own initiative (or rather, on the initiative of the claimant, but without a corresponding court decision), of course, subject to certain conditions. At the same time, such proceedings can be initiated by a court or another party, but initially do not involve arrest, but within its framework the bailiffs will use arrest as one of the security measures.
The options, as you can see, can be completely different, and the regulation of the actions of the FSSP occurs on the basis of Federal Law No. 229 of October 2, 2007 “On Enforcement Proceedings.”
How to check a car for seizure?
If you happen to encounter an “arrested” iron horse when purchasing, then you are out of luck. And most likely it will be confiscated. Well, it happens! You simply did not exercise sufficient caution when checking the vehicle before purchasing it.
There are free Internet resources that allow you to check by state registration number or VIN whether there are any restrictions on a particular car: https://pristav-russia.ru/services/proverka-avto-na-ogranichenia-fssp.html.
In addition, such information can be checked on the website of the traffic police and the bailiff service.
Types of vehicle impound
This question was already raised at the beginning of the article, it’s time to consider it in more detail. The type of arrest chosen by the bailiff determines both the ability to operate the vehicle during the arrest and the likelihood of completely losing ownership of the car.
The main types of arrest can be deduced from the provisions of Part 4 of Article 80 of Federal Law No. 229:
- Prohibition to dispose of a car . We will consider this option as the least strict, and below we will return to it in more detail.
- Restriction of the right to use . The owner remains with the car, but its use is limited (from partial restrictions to a complete ban on driving such a vehicle).
- Seizure of a vehicle . A seized car becomes inaccessible to the owner - it is transferred for storage to other persons or to specialized organizations.
A logical continuation is the sale of the debtor’s property, but, being a consequence of the introduced prohibitions, this action is not directly an arrest.
When can you drive a seized car?
Let us return again to a question that has already been partially touched upon. Are there options when operating a seized car is legal? Yes it is possible.
In accordance with Part 2 of Article 86 of Federal Law No. 229, seized property can be transferred for storage:
- A special organization that has a corresponding agreement with the FSSP.
- To the claimant.
- Relatives of the debtor.
- To the debtor himself.
At the same time, Part 3 of Article 86 of Federal Law No. 229 gives the bailiff the right to give the person to whom the seized property has been transferred for storage the opportunity to use such a car. to this effect must be drawn up .
Thus, if the seized property has been transferred for storage to the owner-debtor (about which there is relevant information in the decree and the act of seizure), and the bailiff has given written consent to its operation by the debtor, driving the seized car will be considered legal .
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Among other things, this means that the operation of such a vehicle must be carried out in the presence of the listed documents: a resolution / act with a note on transfer to the debtor for storage and consent to use. This is not a legal requirement, but it will help you avoid a lot of trouble when checking on the road.
When can you not seize a car?
If the owner-debtor is a citizen of Russia - an individual (private) person, then there is only one condition under which the vehicle cannot be arrested. In accordance with Part 1 of Article 79 of Federal Law No. 229, this is established by Article 446 of the Code of Civil Procedure of the Russian Federation, which, in turn, in part one, indicates the impossibility of arresting a vehicle if it is necessary due to the debtor’s disability .
For legal entities with debts, the list of such property (in accordance with the same articles of Federal Law No. 229 and the Code of Civil Procedure of the Russian Federation) is established by a separate Federal Law.
How to avoid having your car seized by bailiffs?
Here we are talking specifically about the seizure of the car by the bailiffs, and not when it is pledged to the bank. The most obvious way to avoid losing your car if bailiffs take it is to get rid of it. Property that does not belong to the debtor will not be able to be taken away... With the exception of exceptions, there is an important subtlety in this issue.
According to the law, you can get rid of property in 2 ways:
- sell a car,
- give it away.
But you can also rent out a car, and for free (otherwise, under the lease agreement, you will have to pay money, which must be used to pay off debts).
The subtlety is that the sale or gift of a car can be considered fictitious and illegal - only for the purpose of hiding property from the bailiffs. To do this, the bailiff sues to recognize the transaction as fictitious, and then the car will be taken away from the buyer. And imagine if on your part and his part the sale was initially in good faith!
If the car was alienated after the start of enforcement proceedings and, even more so, after the FSSP issued a seizure order, then the transaction will be declared invalid with a high degree of probability. Especially if it is proven that you continue to use the car, as well as family or other ties between you and the buyer/donor/tenant.
Other possibilities result in the inability to use the machine:
- disassemble the car into parts and provide the bailiffs with only the body for seizure as part of the arrest,
- hide the car.
Something else useful for you:
- A fine for average speed - is it legal and how to appeal?
- What is the correct procedure for returning money for towing a car to an impound lot?
- Is it possible and how to buy a credit car correctly?
How to find out about a car arrest?
We have already found out that the restriction in the form of arrest will in any case be a consequence of enforcement proceedings. That is, such production must exist , which means you can find out about it.
Speaking about checking a car for restrictions, we have already looked in detail at ways to find out the restrictions. Despite the fact that the material focused on restrictions in registration actions, checking through the FSSP database will give results in the event of an arrest, because All information about the various official prohibitions will be provided.
Therefore, we will not return to this methodology in detail again, but we will briefly recall a few basic steps:
- Go to the FSSP website.
- Select "Advanced Search" and a data entry form will open.
- Please indicate your full name, date of birth and region. Click Find.
- Enter the captcha and click "Submit".
- Review the query results.
How to find out who seized a car?
This information may be extremely important because... It is the bailiff who needs to be contacted to resolve issues related to the restrictions imposed. You also need to know the FSSP department to file a complaint (petition) with higher management.
It is not difficult to find out the data - among the information obtained about the arrest using the above method, there will be the necessary parameters. Just keep in mind that when using the mobile version of the site, the table with information does not fit entirely on the screen. Scroll to the right for complete details.
All of the above methods for detecting arrest are relevant in cases where restrictions have not become known in the proper way. Under normal conditions, the resolution and act of seizure of the vehicle must be sent to the debtor no later than the day following the day of their signing (Part 7 of Article 80 of Federal Law No. 229).
Can bailiffs seize a car for debts?
Bailiffs have the legal right to seize the property of a defaulter, even if the car is not pledged. Having opened enforcement proceedings, the bailiffs are one of the first to check the availability of the car. However, in order to take away the property, it is necessary that the court decision contain this requirement. Bailiffs have many legal ways to enforce such a decision.
One of the options for searching for property is mobile pickets together with the traffic police. During such raids, cars of non-payers of alimony, loans, and fines are identified, seized, and sent for safekeeping. Bailiffs are empowered to conduct search activities, so raids are organized legally.
What to do if a vehicle is seized?
As in cases of any other restrictions, the debtor (or a person mistakenly recognized as a debtor) has several ways to resolve the issue:
- Recognize and pay off debt.
- Challenge (appeal) the arrest.
- Accept the loss of property.
We do not take the last case into account. For the rest, we will refer to the material on ways to remove restrictions from the car. The article in the link focuses on cases of bans on registration actions, however, technologically, the methods of appealing against arrest are exactly the same. We will get acquainted with other details of the process further.
Preparing for the procedure: what do you need to know and do?
If the arrest was imposed by the traffic police and your vehicle is wanted, then as soon as you find out about this, in order to lift the arrest, you need to contact the department of the district indicated in the resolution and present the vehicle for inspection. After reconciliation, a decision is made to lift the arrest.
If the seizure is made by a court decision due to the fact that there are property claims of third parties, when such decisions are made, all participants in the legal process receive notification of participation and consideration of property disputed rights to this vehicle.
It is important to prepare evidence for the trial, since the decision is made during the court hearing and immediately takes effect before the final decision in the case is made.
How does bailiff seize a car?
Before considering a method for removing a seizure from a car, you need to familiarize yourself with the legal requirements for its imposition in order, among other things, to determine the legality of the measure.
To make it easier to understand, let's imagine the process as a diagram:
A complete outline of the process is provided, however, at each stage the arrest can be lifted (we will return to this in more detail in the next section). Some of the components of the procedure need to be considered in more detail.
Act and resolution on seizure
From the point of view of document flow, you need to understand that there must be two documents:
- Arrest warrant. This is a general document for all cases on the imposition of restrictions, however, an unambiguous note must be made about the fact of arrest (Part 4 of Article 80 of Federal Law No. 229).
- Certificate of seizure of the car. A separate document, including, among other things (parts 5-7 of article 80 of Federal Law No. 229):
- FULL NAME. persons present at the time of drawing up the act.
- An accurate description of the seized property.
- Type and duration of seizure of the car.
- Preliminary assessment of property value.
- Is there a seizure?
- To whom it was transferred for storage.
- Clarification of the responsibilities of the person to whom the car is transferred for storage.
- Statements, remarks, notes, explanations of persons present during the arrest.
An act is drawn up by the bailiff conducting enforcement proceedings. When drawing up the act, witnesses are present and sign the act, as well as the person who is entrusted with the storage of the seized property.
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Let us remind you once again that if there is consent to operate a seized vehicle, a corresponding document must be drawn up and provided to the person who is allowed to drive such a vehicle.
Seizure of documents for cars
When a vehicle is confiscated, its registration documents are also confiscated. Accordingly, upon consent to operate a seized vehicle, the documents must be handed over to the person to whom this consent is given.
It is more difficult when the seizure of documents is used as an independent restrictive measure (without the seizure of a vehicle). Procedurally, the issue is quite controversial, but in any case, such an action must be accompanied by the preparation of relevant documents. In practice, seizure of documents without seizure of a car is used infrequently, due to the already mentioned legal ambiguity.
Exceptions are cases when documents (including registration, state number and/or driver’s license) are evidence in the case, for example, as specified in Article 27.10 of the Code of Administrative Offenses of the Russian Federation. But this is a separate process, which is not discussed in detail in this article.
Seizure of the car
This measure is one of the methods of arrest. In fact, it may mean a temporary transfer of property for storage if the person to whom such storage is entrusted is not the owner (debtor).
However, seizure may also be one of the steps towards the subsequent sale of the vehicle. The fact of seizure is necessarily reflected in the vehicle seizure report.
Bargaining
The sale of seized property in order to compensate for the resulting debt is possible as one of the measures within the framework of enforcement proceedings. The process is procedurally complex, and all the nuances cannot be considered within the framework of one material. But we can say about the main stages:
- The seized property is confiscated and assessed.
- The car is handed over for sale.
- A trade (auction) is organized, the initial cost of the property at which cannot be lower than the assessment carried out at the first stage.
- Restrictions are removed from the sold vehicle.
- The car receives a new legal owner, and the proceeds go to pay off the debt (or part of it).
Each stage is accompanied by specific document flow established by the Law on Enforcement Proceedings and other relevant Federal laws.
Legislative aspect
The bailiff service decides to seize the vehicle if there is a corresponding court verdict. The reason is the owner’s failure to fulfill his financial obligations, including:
- alimony;
- bank loans (this applies not only to the amount of debt, but also to interest due, as well as other obligatory payments to the financial institution);
- fines imposed by the traffic police and other government agencies;
- taxes and mandatory non-tax payments;
- debts for utilities, etc.
After the court issues a decree to seize a vehicle, bailiffs are obliged to inform the owner of the car, as well as the relevant government agencies, about this.
Then, within a month from the date of discovery of the debtor’s property, the bailiff must find a professional appraiser to determine the real value of the seized assets in accordance with current market realities. Current legislation provides for a period of one week to a month to carry out the assessment. No later than 3 days from the moment of receiving information from the appraiser, the bailiff must issue a decision on the assessment.
If the seizure of the vehicle is not removed within the prescribed period, then after evaluation it must be transferred to a specialized organization for sale within 10 days. If the deadlines provided by law are not met, the claimant has the right to appeal the behavior of the bailiffs to their managers or in court.
How to remove a seizure from a car?
Let's return again to the issue of lifting restrictions. Let us remind you that at this link you can find a detailed description of all possible methods. Here we will briefly dwell on the main ones.
Option 1. Pay off existing debt
Approaches cases when the debtor acknowledges the existing debt and is ready to repay it. The essence of the method is that the necessary funds are transferred to the claimant, which is documented by the bailiff.
The bailiff, having checked the data and agreed on the decision with the claimant, issues a decree to lift the arrest. After entering information into the FSSP database and transferring it to the information systems of other interested departments (for example, traffic police / traffic police), restrictions on vehicles will be lifted.
Option 2. Challenging the arrest
This method is applicable in cases of wrongful arrest. For example, if restrictions are imposed on a vehicle that no longer belongs to the debtor. The main evidence in this case will be confirmation of the transfer of ownership of the vehicle before its arrest .
A complaint about illegal arrest can be submitted to the bailiff in charge of the case, his immediate superiors, etc. right up to the leadership of the FSPP. At the same time, a bona fide purchaser has the right to go to court without going through all the specified stages.
A complaint must be filed within 10 days from the date of arrest. And in case of untimely notification of the ban, within 10 days from the moment the owner learned about this fact.
The result, as in other cases, should be a decision by the bailiff to lift the arrest.
Legislative aspect
The bailiff service decides to seize the vehicle if there is a corresponding court verdict. The reason is the owner’s failure to fulfill his financial obligations, including:
- alimony;
- bank loans (this applies not only to the amount of debt, but also to interest due, as well as other obligatory payments to the financial institution);
- fines imposed by the traffic police and other government agencies;
- taxes and mandatory non-tax payments;
- debts for utilities, etc.
After the court issues a decree to seize a vehicle, bailiffs are obliged to inform the owner of the car, as well as the relevant government agencies, about this.
Then, within a month from the date of discovery of the debtor’s property, the bailiff must find a professional appraiser to determine the real value of the seized assets in accordance with current market realities. Current legislation provides for a period of one week to a month to carry out the assessment. No later than 3 days from the moment of receiving information from the appraiser, the bailiff must issue a decision on the assessment.
If the seizure of the vehicle is not removed within the prescribed period, then after evaluation it must be transferred to a specialized organization for sale within 10 days. If the deadlines provided by law are not met, the claimant has the right to appeal the behavior of the bailiffs to their managers or in court.
What to do if they refuse?
It seems that you have made efforts to lift the arrest, but it is not lifted. Perhaps you missed some nuances or violated the order of actions.
Finding out the causes and eliminating them
- Consideration of a court case during which a vehicle was seized. As part of judicial proceedings, it is important to wait for the court's decision, and if you disagree with the decision, file an appeal. At the same time, the court decides whether you can use the car at this time or not.
- Repayment of debt under a writ of execution. It happens that a direct debt arises - fines, alimony, credit debts, debts for housing and communal services. There is clearly a party to whom you owe money. Having paid the debts and the enforcement fee, you can prepare documents to lift the arrest. But there are nuances that are not present in enforcement proceedings.
For example, your car was seized, a tow truck took it and took it to the impound lot: the vehicle cannot be used, and the new debt is growing. In such cases, after paying the principal debt, you need to pay for the services of a tow truck and impound lot, and then submit an application to lift the arrest. Because even if you have a decree on lifting the arrest, your car will continue to remain in the impound lot due to non-payment of services.If you do not agree with the price, sue, as with every day of delay the amount of debt grows.
Grounds and conditions for going to court
The basis for applying to the court to remove the seizure from a vehicle is an error in the work of the FSSP.
- The vehicle has been seized, but you have no debt obligations. The full name and date of birth of another debtor who lives in a different region matches.
- The vehicle was seized after the sale. The new car owner submits an application to the court to recognize the vehicle as the owner and lift the ban on registration actions.
One of the reasons for going to court is the purchase of a vehicle encumbered with the property rights of third parties, in order to invalidate the transaction. Also, in addition to debt obligations that have already arisen, it is possible to seize during the division of property of spouses and in other legal proceedings in civil or criminal cases where property rights are considered. After the court makes a decision and establishes property rights, the arrest is lifted.
Drawing up a statement of claim
- A standard statement of claim is drawn up to cancel the security for the claim or a statement to lift the arrest with the name of the court, the initials of the judge who imposed the arrest, and the full details of the applicant. State the essence of the matter, name and other information about the vehicle. Also indicate the law and article that you are guided by when writing your application.
- Attach the necessary evidence to the application: title documents, extracts and decisions, receipts for payment of state fees and other documents related to the case.
When a vehicle is seized by a court, the owner must apply in writing or in person to the court that made the decision to seize.
Collection of documents and evidence
Evidence includes certificates, passports, statements and various receipts that are directly related to both the owner and the vehicle. Also registered letters and appeals to government agencies. If for some reason you do not have documents on hand, you can write a petition asking to request them to be included in the case. If necessary, it is worth inviting witnesses.
It is difficult to prove inaction or unlawful actions of government bodies, therefore official requests for answers in writing are required; they can be submitted to the court for consideration. This is especially important when you are in another region.
State duty and other expenses
- If your vehicle is seized by bailiffs, then you bear all the costs of its maintenance and seizure yourself.
- The costs of court cases can be borne by both the plaintiff and the defendant, unless it is a bailiff.
- The costs of conducting examinations, if necessary, are borne by the plaintiff, unless otherwise provided by the court decision.
The amount of the state duty depends on the reason for the seizure.
Consideration of the case and deadlines
The judge, within 5 days (Article 133 of the Code of Civil Procedure), decides whether to accept the statement of claim or not. If the application is submitted with violations and they are not corrected within the period specified by the judge, the application is considered not filed. All parties will receive notice that the claim has been accepted for processing.
The period for consideration of the case depends on the reason for the arrest and the completeness of the documents provided. No more than 30 days for justices of the peace; courts of civil claims hear cases no more than 60 days. also file an appeal against an existing decision ; the deadlines for filing are indicated in the decision adopted, unless otherwise provided by law.
Court decision and execution
Copies of the court decision are sent to the registration authorities within 3 days. Next, they make changes to the information bases. The procedure can last up to 30 days; you can speed it up by submitting documents to the relevant authorities yourself to establish the status of the property. You can find out whether the seizure of a car has been lifted either by contacting the traffic police in person or through the organization’s official website.
Reasons for car seizure and consequences
Arrest, as an administrative penalty, can be applied to the car and other property of the offender.
Arrest means either one of the following legal restrictions or a combination of them:
- inability to dispose of the car as your property (prohibition on sale, exchange, gift, etc.);
- limiting vehicle use;
- car confiscation.
Exactly what sanctions were applied in a particular case becomes clear from the accompanying documents. The resolution must indicate the type of punishment, its scope and limitation period. Each case is individual, and the type of arrest depends on many factors.
Another penalty involving a car is the inability to register it. A ban on registration differs from an arrest in that the vehicle does not directly participate in it. So, if an offender hides his car in the hope of avoiding punishment, data about the car and the ban imposed on it is transferred to the traffic police.
Thus, even without knowing where the car is currently located, the bailiff can apply a ban on registration actions. And if the debtor decides to sell the car, at the time it is re-registered to the new owner, the truth will emerge, and the arrest will be carried out in any case.
Before you find out how to remove a car from judicial seizure, you need to find out why this action was carried out in the first place. To do this, you need to contact the bailiff service. The reasons for the arrest are also indicated in the resolution on the commencement of enforcement proceedings, a copy of which is received by the car owner.
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In most cases, the answer to the question of whether it is possible to remove the arrest from a car is positive. Sometimes the problem is resolved quite quickly, and sometimes it may require filing a claim in court. Unfortunately, it will not be possible to solve the problem “on the spot”. Get ready to spend time and nerves.
The most common reasons for car seizure:
- Significant debt on a car loan. The bank's notices and requests were not answered, so the creditor was forced to go to court. Thus, the car is seized by court decision.
- The owner of the car is a persistent non-payer of alimony. If this fact is proven in court, the car is seized until alimony debts are repaid.
- The car is part of the joint property. In case of divorce, it is also subject to division, so it may be arrested.
- Incorrect execution of documents when importing a vehicle into the territory of the Russian Federation. If the documents are drawn up incorrectly or not drawn up at all, the car will be seized.
- The car was pawned and sold under a fraudulent scheme using false documents.
Often, bailiffs seize a car without having the right to do so. There are a number of reasons why arrest cannot be imposed:
- The car belongs to a citizen with disabilities.
- The debtor is not the legal owner of the vehicle (ownership rights are held by a close relative - father, spouse, child).
- The citizen carries out labor activities on this vehicle, and the arrest will deprive him of his earnings.
Seizure procedure
First, the debtor will be notified of the future procedure. Then you are given five days to pay off your debts. If the owner of the car does not pay, bailiffs determine the location of the car and seize the vehicle. The operation is carried out in the presence of witnesses and the executor draws up an inventory of the property.
Data that must be indicated in the act:
- Full names of persons present.
- The name of the car, its main characteristics.
- Approximate value of the property.
- Type, volume and duration of restrictions.
- A note about the seizure of the car.
- Address and full name of the person to whom the bailiff transferred the vehicle for protection or storage.
- A note explaining to the citizen his responsibilities and a warning about the liability that he may incur.
- Comments and statements of participants in the procedure, their signatures.
Need to know! If the procedure is not followed, you have the right to file a complaint in court.
Procedure
Next, we will discuss in detail what to do if the car was seized for debts or restrictions were imposed on the car for other reasons.
- Contact the authority that imposed the ban to establish the reason for the arrest. Determine for what actions the arrest was imposed. Receive a copy of the arrest warrant.
- Study the resolution and eliminate the cause. If you disagree, appeal.
- Prepare documents and evidence to lift the arrest.
- After the arrest is lifted, monitor the entry of information into the database.
Where to go if your car is seized?
- Contact the federal bailiff service at the place of registration of the car and there receive an explanation about the arrest, as well as receive a copy of the arrest order. Apply through the public services portal or website www.fssp.ru.
- To the traffic police by personal appeal. Find out if there are any restrictions on the use of a vehicle before purchasing a car. You can also apply through the official website or government services portal.
- To the customs authorities that issued the decision.
- To the court and to the judge of the district who made the decision.
Package of documents and evidence
Each case has its own set of documents. General in all cases:
- title documents for the vehicle;
- identification.
When repaying a debt, receipts and checks are attached, and the bailiffs first receive confirmation of receipt of funds into the account, then they are transferred to their destination.
Even if you repaid the debt (loan, fine, utilities) directly, you will have to pay an additional fee. An enforcement fee is a financial sanction against debtors who have not paid the debt on demand and are evading payment. And only after this the debt is considered repaid and you are given a document on the removal of the seizure from the vehicle.
The list of documents for a vehicle that will help you lift the ban on registration actions with bailiffs includes papers such as:
- Car purchase and sale agreement.
- Technical certificate.
- Vehicle registration certificate.
- Decree on seizure.
- Documents confirming debt repayment.
- Application to lift the arrest.
Don't forget your personal passport. You keep the originals, only hand over copies.
One of the ways to speed up the consideration of an application to lift the seizure of a vehicle is to submit a package of documents in 2 copies. through the bailiff's office or send by registered mail with an inventory. This is necessary in order to put a stamp on the acceptance of documents and to have the opportunity to file a complaint against the bailiff if the review period is delayed.
How to draw up and submit an application?
Samples of an application to lift the arrest can be obtained either from the bailiff service or the traffic police, or downloaded online.
- When filling out, indicate to which authority you are submitting the documents, the name and address of the applicant.
- Data on enforcement proceedings, vehicle name, brand, number and other information about the property that has been seized.
- Grounds for cancellation. List of applications with documents.
- Date and signature of the applicant.
The statement of claim to the court is filled out in the same way as to other authorities, only here you need to describe the essence of the case and prepare evidence.
Terms of consideration
Restrictions may be lifted on the day of contacting the bailiffs. If the documents submitted for removal are not sufficient to lift the arrest, they can be considered for up to 30 days in accordance with Art. 12 Federal Law “On the procedure for considering appeals from citizens of the Russian Federation” except for clause 1.1.
If the arrest is lifted in court and a decision is made on the illegality of the restriction, then you can apply to update the arrest database once the court decision enters into legal force.
Check on the bailiffs website
Another way to find out about the presence of restrictions on a car is to use the FSSP service. In this case, it is not the vehicle that is checked, but its owner. To obtain information from the bailiff database, you must perform the following steps:
- Go to the official website of the service and find the “Services” section.
- Select and go to the subsection “Data Bank of Enforcement Proceedings”.
- Fill out the search form that opens. You will need to indicate the name of the seller and the region of its registration.
- Click the “Find” button.
After analyzing the entered information, the system will provide information about the presence of enforcement proceedings (IP) against the seller. If, as a result of the check, it turns out that an individual entrepreneur has been initiated, then there is a high probability that his car is under arrest.
This method allows you to find out information that has not yet been entered into the traffic police database.
