Application for seizure of the debtor's property, 2021, 2021 - Statements of claim, complaints, petitions, claims

Often, a good result during execution is brought by an application to seize the debtor’s property. If we are talking about applying a variation of such a measure in court, the time for considering the case can be significantly reduced. But this is a motion to secure a claim. This article will discuss such an application, which is submitted at the stage of execution of a court decision.

An application for seizure of property is submitted by the claimant. Moreover, either by submitting a separate document, or by setting out a request in an application to initiate enforcement proceedings.

Application for seizure of the debtor's property

about seizure

"___"__________20__ bailiff Ivanov I.I. Enforcement proceedings No. _______________ have been initiated to recover money from Dmitry Vladimirovich Sergeev in my favor in the amount of __________ rubles.

To date, the amount of debt has not been repaid. At the same time, the debtor owns a VAZ-2107 vehicle, registration number __________. The specified car is located in the parking lot ___________ at the address: _____________________.

In accordance with Part 2 of Article 80 of the Federal Law of 02.10.2007 No. 229-FZ “On Enforcement Proceedings”, I ask you to consider the issue of seizing the specified vehicle for the purpose of subsequent foreclosure on it, notify me of the decision made no later than the next day after the day of receipt of this application.

Application:

A copy of the technical passport for the vehicle.
A photograph of the vehicle at its location.

Signature

date

Download the document “Application for seizure of the debtor’s property”

What is seizure of property

Seizure of property is an interim measure provided for by current legislation, namely, Article 140 of the Code of Civil Procedure of the Russian Federation. Objects or funds that have been seized cannot be sold, donated, or otherwise disposed of. Any order will be possible only after the arrest is lifted.

In essence, arrest is the imposition of restrictions on the disposal of an object. The person who formally owns the object will be able to use it and make a profit, but will not be able to transfer ownership to another person.

Grounds for securing a claim

Any interim measures, including arrest, are imposed at the request of the interested party (Article 139 of the Code of Civil Procedure of the Russian Federation). This rule establishes that security is applied in any situation if, without the absence of such a measure, it is impossible to ensure the execution of a court decision, or to complicate this process.

Security can also be taken by decision of the judge if he considers this measure necessary for the subsequent execution of the decision (clause 3 of Article 139 of the Code of Civil Procedure of the Russian Federation).

Measures can be taken at the place of registration, residence of the debtor, as well as at the location of the disputed property.

The application is considered on the day it is received by the court. The judge does this alone, without calling the parties to the trial. The parties are not even notified of the review; they are only sent a ruling indicating the result.

Download for viewing and printing:

• Article 139 of the Code of Civil Procedure of the Russian Federation “Grounds for securing a claim”

• Article 140 of the Code of Civil Procedure of the Russian Federation “Measures to secure a claim”

Documents found on the topic “application for seizure of the debtor’s property sample”

Application for seizure of the debtor's property Statements of claim, complaints, petitions, claims → Application for seizure of the debtor's property
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...lia, acting) for act no. from “” 20, complaint “” 20 (position, surname, acting) customs office, an act was drawn up imposing (name) a penalty on (organizational and legal form, name of enterprise) in the form of a fine in the amount of ...

As an interim measure

Interim measures are restrictions on transactions with property or other actions of the debtor, which may be applied while the case is being considered in court. Seizure of property is a popular interim measure in cases where the dispute is about this property or about the payment of money by the defendant.

Seizure means the inability to dispose of property (sell, donate it, etc.). Therefore, the property remains with the debtor. After a court decision is made, a penalty may be brought against him. Depending on the circumstances of the case, this may be a transfer of property to the plaintiff or a sale of the property (in which case the proceeds from the sale are transferred to the plaintiff).

The decision to apply certain interim measures is made by the court at the request of the plaintiff. The ruling on the imposition of interim measures may indicate the seizure of directly transferred property, or of the property as a whole, within the limits of the total value of the claim. In this case, the specific composition of the property and the types of restrictions in relation to it will be determined by the bailiff, who will execute this ruling of the court (Resolution of the Plenum of the Armed Forces of the Russian Federation dated November 17, 2015 No. 50 “On the application of legislation by courts when considering certain issues arising during enforcement proceedings” , paragraph 40).

Read more about the rules for applying interim measures here.

The procedure for imposing prohibitive measures

A representative of the FSSP has the right to seize property, seize property for sale at auction, restrict travel abroad and travel by transport on the basis of a writ of execution. It is issued by the judge after the decision is made and given to the winning plaintiff. During the established statute of limitations (the total period is three years), the claimant transfers the paper to the bailiff at the unit at the place where the compulsory actions were committed and where the defendant’s property is located.