In the article, we will find out how to get paid if the account is seized.
According to modern Russian legislation, the payment of debts of a citizen may be carried out by means of enforcement measures. One such measure is to seize an account. The bailiffs have sufficient authority to arrest the account of Sberbank or another credit institution where it is open.
Exceptions to the Rules
The exception is only cases of a targeted deposit, for which arrest is prohibited:
- disability allowance, child allowance and other financial support from government bodies;
- credit cards.
In other situations, the executive bodies have the right to seize a deposit with Sberbank and other financial institutions, even in relation to salary or pension cards. A condition that must be observed in the process of seizing a deposit is that more than half of the amount of the received pension or salary cannot be debited from the account. If one transaction is not enough to pay the debt, then it will be partially implemented until full repayment.
Step-by-step algorithm
How to get paid if the account is seized by bailiffs is interesting to many. In this case, the step-by-step algorithm of actions is as follows:
- specify the reason for the blockage and which executive body issued the decision on the need to write off funds in a mandatory manner;
- find out the amount of debt in order to understand whether the debt has been paid off or if additional payments are needed;
- upon full payment of the debt, a petition is submitted to the bailiff performing the proceedings with a request to lift the ban.
Court bailiffs can withdraw an arrest with a written application to the bank, the term of consideration of which is several days.
When the debt is partially repaid, you need to pay the remaining amount of money yourself and apply to the authorities that execute the court’s decisions with the appropriate statement.
It is unlikely that the debtor does not know what is the reason that the bailiffs arrested his deposit at the bank, since this is preceded by court hearings on the fact of debt and the decision to pay it with the corresponding notifications and copies of decisions. However, it may also happen that when debiting funds, the debtor does not know the reason for what is happening. Most likely, such a cancellation is erroneous. In such cases, it is necessary to find out by whom and on the basis of which decision the cancellation is carried out. Not only bailiffs can arrest money, but also representatives of the tax service and customs officers.
How to find out if a checking account is seized via the Internet?
The debtor does not always know why his card was arrested, and the banking organization itself does not always agree to provide this kind of information. In such a case, you can find out about the court decision on enforcement through the Internet. Using the official site of the FSSP, they find out who issued the decision on the arrest of the deposit in the bank in which this citizen is served. There is also information about the number and date of the document
How to get paid if an account is seized?
Even in the case when a bank account is seized at which the salary is transferred, it can be received in the future, despite the blocking.In this case, the following step-by-step actions and recommendations must be observed:
- Salaries have the opportunity to receive through the cash desk of the institution. However, this is rather a one-time measure. Here it is necessary to take into account the limit of cash financial resources in it and the size of the staff wage fund.
- Salaries can continue to be received on the card with proper documentation. The most important thing in this case is to monitor the order of receipt of documents.
How to get paid if the account is seized, it is important to find out in advance.
Impossibility of full repayment
If it is impossible to repay the debt through one payment, it is paid in installments when debiting funds from the account. The Bank executes the order that was received earlier: a request to block the amount or payroll. In order for the salary to be transferred to the card in the future, it is necessary to contact the accounting department of the working organization in order to complete all the necessary documents in this situation.
How to remove an arrest from a current account?
Removal of an arrest is made by bailiffs by written application to the bank. The terms of its consideration are several days. In order for the account to be unfrozen, it is necessary that the debt be fully repaid. However, a one-time charge may not be enough. If the amount exceeds 50% of the salary or pension, the rest will be deducted in installments. If it is necessary to remove the arrest imposed by the bailiffs, you should know the number of the decision by which this happened, and the body that enforces such a court decision. After the moment of repayment of the debt in full by debiting the financial funds from the account, the card is thawed automatically for a short period of time (within 10 days). If the funds were not enough to fully repay the debt, then upon the fact of self-payment it is recommended to apply to the contractor.
Arrest of a current account by the tax service
By decision of the tax inspection, an arrest may be imposed on the taxpayer’s account — termination of the bank organization’s expenditure operations on such an account. The exception is priority payments (alimony, remuneration, taxes).
The seizure of a current account by the tax service imposes the following restrictions:
- movement of funds in a blocked account, which leads to a decrease in the balance;
- it is forbidden to open new settlement accounts not only in this credit organization, but also in any other;
- credit organizations do not have the right to open deposits and deposits to the owner of a blocked account.
In order to arrest the account, the tax authorities decide to block it. There may be several reasons for this:
- the need to ensure the recovery of arrears, fines, penalties, interest;
- the taxpayer does not comply with the deadlines for submitting tax returns;
- the taxpayer has not submitted a receipt on the receipt of documents that are submitted by the tax authority;
- the taxpayer did not submit the calculation of 6-personal income tax.
Below we find out how to pay salaries if the account is seized.
How to pay salary?
If the arrest affects all the funds in the account, it is impossible to carry out the operation. Over the arrested amount, the payment of salary at the arrest of the account can take place. This is due to the following: an arrest involves the termination of expenditures on a bank account temporarily within the limits of the funds to be seized. In this case, the company has the right to carry out any monetary operations on the account that do not affect the seized amount.
The suspension of all monetary transactions, unlike the arrest, implies the termination of any transfers, with the exception of such payments, the priority of which is the first in the sequence of settlements with the budget and executive documents. In this case, one general rule applies: you can pay salaries from an arrested account in the order of calendar priority.
However, it is not possible to block all accounts of an unscrupulous taxpayer, but only open bank accounts under an agreement that can also be concluded when opening foreign currency accounts. This means that the tax inspectorate has the right to block both foreign currency and ruble settlement accounts.
Workers often ask how to get paid if company accounts are seized.
With respect to interest, it should be noted that the law does not contain a direct indication of the possibility of suspending all operations on this current account. However, interest is collected at the same time and in the same manner as arrears, while the suspension of monetary transactions on accounts is a security measure for collecting debts, if any. Account seizure is canceled after payment of the debt.
We looked at how to get paid if an account is seized.