The seizure of funds is not the rarest measure taken by banks. What are the reasons for the arrest? What should a person do if his account with Sberbank is arrested? What to do in such a situation? All these and many other questions will be answered in the article.
Account Arrest Act
The process of seizing a bank account is regulated by the Federal Law "On Enforcement Proceedings". This normative act determines the procedure for the procedure, as well as the process of interaction between bailiffs and the bank. The law provides all the means that may be subject to arrest or, conversely, not subject to blocking.
What reasons can there be in a court decision, according to which a citizen was seized an account with Sberbank? What should a “victim of arrest" do? To begin with, it is worth paying attention to the provisions of the aforementioned federal law. In particular, it is worth noting:
- that an arrest may be an interim measure in order to execute a sentence in a civil suit or as part of a fine as a criminal punishment;
- that the seizure of an account with Sberbank can act as a measure of a court verdict, in which a court decision leads to foreclosure on the property of the debtor.
Thus, it is worth remembering that blocking funds in a bank is an effective way to repay a debt, providing a court decision in the field of foreclosure on property.
What accounts can bailiffs arrest?
Issues related to the blocking of bank accounts of citizens are regulated by the Federal Law "On Enforcement Proceedings". What bank client accounts can be blocked? According to the bill, the following banking products may be seized;
- All available debtor accounts. At the same time, it does not matter at all what purpose the client accounts have: whether it is receiving salaries, pensions, social assistance, etc.
- Banking products to which a client’s bank card is attached.
- All deposit accounts of the debtor.
And what accounts can not be blocked under any circumstances? It is worth highlighting some of the assets of individual entrepreneurs and legal entities. Unfortunately, the law does not provide specific language on the accounts of individuals.
Reasons for the arrest
Sberbank arrested account? Naturally, such an act on the part of officials cannot be groundless. Certain reasons are needed for the arrest, and quite serious ones. The most common reason for a bank account seizure is a large payment debt. Moreover, payments can be absolutely any: in the form of traffic police fines, alimony, state duties, loans, utilities, etc. Thus, the question of why the accounts in Sberbank were arrested almost always has the same answer: the outstanding debts are “to blame”.
It is immediately worth noting that the decision to arrest is not made by bank employees, but by the courts. The basis for initiating liability is the so-called writ of execution - a special document that allows you to confirm the presence of debts.
Arrest Procedure
How exactly is the arrest of bank accounts? The following procedure is usually provided in such cases:
- the organization owed by the bank client sends a corresponding request to the bailiffs;
- bailiffs institute proceedings and form a writ of execution, which is later sent to the courts;
- the court decides to arrest the bank accounts of a person;
- the court decision, together with the relevant wording, is sent to Sberbank (all these stages pass without the participation of the debtor);
- Sberbank arrests the account and sends a notification to its client.
Thus, the wording “bailiffs seized an account with Sberbank” is a bit incorrect. Bailiffs oblige the bank to seize one or another account, but do not impose penalties directly.
It is also important to note that the bailiffs may not know which account is being arrested: it may even be a salary, a pension, or a loan. The defendant always finds out about the arrest only when he receives a corresponding notification code. For most individuals, the actions of Sberbank seem very uncomfortable and problematic. The logical question arises as to what to do when the account at Sberbank was arrested.
How to find out about the arrest?
As mentioned above, a citizen learns about the seizure of accounts from the corresponding notice. But what should be done when officials arrested a Sberbank account without notice? Is this a gross violation of rights? Judicial practice shows that not the largest number of people were able to prove the absence of notification of arrest and to obtain compensation. Moreover, it’s even normal to learn only after the fact that the account was arrested at Sberbank.
What to do to a simple citizen? Account verification can be carried out using a variety of methods. This is a special mobile service of Sberbank, and the site of the federal tax service, and direct contact with the bank.
What conclusion should be made here? The main task of the bailiffs is to seize the account and legally secure the repayment of the debt. Notice, however sad it may be, no one is obliged to send.
Is it possible to challenge the decision of the bailiffs?
Finally, it’s worth moving on to the most important, namely to certain actions for the return of property. The procedure here is always the same. So, at first it’s worth to find out exactly who made the blocking of funds. You should go to the local FSSP body and request all the documents.
It will not be superfluous to make copies. However, the most important point remains the proof of unlawfulness in the actions of the bailiffs. If the debtor does not have such evidence, then even the most effective lawyer will not help unlock the money in the bank (well, or at least get compensation).
Bailiffs arrested account at Sberbank: what to do?
There are several scenarios for the arrest of funds in Sberbank. The first option, the most logical and legal, is to do what the bailiffs require: to pay all debts. The plaintiff organization that filed the application with the relevant authorities receives all of its money, and the case closes. As a result, the court proceedings are stopped, and the account lock in Sberbank is lifted.
The second option is much more complicated and confusing. But for some reason, it is precisely his choice of the majority of citizens who are faced with the problem in question. We are talking about "delaying" paperwork: all sorts of attempts to unblock an account, finding in the actions of officials moments of violation of rights, and so on. If you act wisely, then, quite possibly, everything will turn out more or less successfully. If the debtor does not do anything sensible, then the only thing that will await him is the restriction on going abroad, an inventory of the property (and possibly its sale), distribution of leaflets with photographs of the debtor throughout the city, etc.
So which option is better? It is up to the debtor himself to decide.
Dispute Procedure
So, if a citizen whose bank account has been arrested is fully confident that the bailiffs have violated their rights, you should go directly to Sberbank with the following claims:
- Find out the specific reason for the block.
- Request all the necessary documentation, which is the basis for the seizure of property. Moreover, the documents must be submitted directly to the bank.
- Request at the credit institution (department) a special account statement on which the decryption of the purpose of payments is located. So, the document should indicate that the bailiffs arrested a retirement account with Sberbank (what should be done if, for example, arrested salaries, social benefits, various benefits, etc.).
- It is necessary to form a complaint addressed to the head of the local territorial body of the federal bailiff service (FSSP).
The complaint must reflect the actions of a particular contractor that violate applicable law. In addition, the document indicates the request to cancel the illegal decision.
In addition to the complaint, an account statement and a statement from the employer are transmitted to the FSSP. The authority must review the complaint within ten business days.
Debt repayment
Sberbank seized the card account. What should the debtor do in this situation? Of course, you can indefinitely delay the process of paying off debts and vainly try to unlock accounts. Nevertheless, the simplest payment of debt will remain the most working and best option. There are two options here:
- Automatic unlocking of a bank account, but only if the debtor has enough money to pay off debts. It turns out that the bank independently pays the debts of its client with his own money.
- Write-off of 50% of the total amount of all subsequent receipts. The bank applies a similar method when there is not enough money in the debtor’s account.
Thus, paying off a citizen’s debts will be the only way out of the situation when the bailiffs arrested a credit account.
What to do at Sberbank if all the reasons for the blocking have been removed, but the funds are still seized? Here, bank customers should be reminded that officials have three days to unlock accounts.