The rhythm of life is accelerating every year, and it is often simply impossible to perform all the actions necessary for a comfortable existence without a personal car. Dry statistical facts indicate that in 2014 more than two million cars were bought in Russia. Most of them were purchased not from official dealers, but from private sellers. And this often leads happy customers to sad consequences.
Unpleasant for debtors who own a car, but even more so for the buyer, is the situation of the car in custody. This imposes severe restrictions on the manipulation of the car, and in the future it may lead to confiscation and resale. Therefore, in such a situation, it is important to get timely competent advice from a specialist in the legal field. How to break a car into an arrest? This is a topical issue.
Restriction or Arrest
The situations with the arrest of the car are different, as well as its types. There is the possibility of unauthorized movement outside the control of services that impose an arrest. A car purchase and sale transaction by proxy is not excluded, when the legal owner of the vehicle does not even know where the car is.
Types of Arrest
In this regard, there are two types of seizure of a car:
- Restrictions on registration actions. That is, it excludes the possibility of registering the car with the State traffic inspectorate or passing the maintenance. This happens if the bailiffs could not determine the location of the vehicle. The purpose of this restriction is to prevent the resale of the car.
- Seizure of a car by government authorities for further sale to pay off debt. This is directly what is called arrest.
Grounds
The basis for the seizure of the vehicle is a court order. The latter imposes a restriction on actions in relation to a car at the State traffic inspectorate. The car is arrested by bailiffs. If these measures do not give a result and the vehicle owner does not take steps to pay off the debt, the bailiff begins the car tracing procedure. In this situation, measures are taken similar to those that occur during theft.
Before the actual arrest is made, the car must be inspected and evaluated by the bailiffs, after which it is seized and handed over to the responsible person.
Reasons and types of arrest
The most common situation is the seizure of a car for the owner’s debts (this can be child support, fines, debt to utilities or tax services, loans, etc.). Already in the lawsuit, restrictions are imposed on the car, as it relates to disputed property. This is done to ensure guarantees of the claim and does not threaten confiscation.
Authorities entitled to seize a vehicle
They are as follows:
- Federal bailiff service. Arrest occurs in case of various types of debts, imposed only by court order.
- The judiciary. This happens in cases where the owner during the trial deregisters the vehicle and resells it before a decision is made in his case.
- Customs If you suspect a smuggling of a car or a violation of customs clearance.
- STSI (namely, the search department). If after the accident there is damage to the plates with the numbers of the body, engine or VIN number, the traffic police will arrest you before checking.
Other encumbrances that may affect the restriction of the car in registration actions, for example, a pledge. The new owner can find out about the car being pledged only when the credit institution tries to confiscate the vehicle.
Buying a seized car
How to check the car for an arrest? Debtors are usually aware of their debts and the possibility of seizure of property. All parties to litigation should receive copies of decisions made in their cases.
The car is being arrested by bailiffs, and they should notify the owners of the car about this. Checking the car should be carried out by each buyer who decided to purchase a car from a private seller. However, when it comes to purchasing by general power of attorney, even an arrest check will not be enough.
It is possible to check the car for arrest by the VIN number. If the car is not transferred to the new owner from a legal point of view, it can be arrested for offenses committed by the previous owner. The purchase of such a machine can lead to the most unpleasant consequences for the new owner.
Increased sales of cars in custody are forcing potential buyers to inspect the vehicle. Bailiffs often began to impose restrictions on cars for the following reasons:
1. Property that is identical to debt at cost is easier to sell against repayment. Real estate in most cases costs more than the amount of debt, and household items - less. A car is an average cost option and is often suitable for paying off debt in the amount.
2. Registered ownership of the vehicle in the traffic police cannot be disputed.
3. The number of citizens buying cars is growing. Almost every debtor has this type of property.
According to the rules of acquiring a vehicle, registration of a vehicle is possible after the conclusion of a contract of sale and transfer of the vehicle to a new owner. Arrest imposes restrictions on registration actions. Accordingly, the new owner can neither use the car nor register it.
How to check the car for an arrest? About it below. An unscrupulous seller at this time, as a rule, either already spent the money received, or hid in an unknown direction. The legally correct way out of this situation is natural, however, it is absolutely not profitable for the buyer. The new owner can, as an option, pay the debts of the previous owner, remove the arrest and, finally, register the car in his name. The second option is to file a lawsuit in court to annul the contract of sale. This is a longer, and often more costly, process.
Check
Today you can check the arrest of a car by numbers. In both cases it is possible to do this by sending a request, or over the Internet:
1. On the website of the traffic police, the car is checked for arrest through a special online service. The service is free, the result is instant. It should be borne in mind that in the traffic police information about the arrest comes, as a rule, from the bailiffs, and may not have time to reach the time of the check. Therefore, if it is urgently necessary to obtain information on the car, it is better to turn to the bailiffs.
2. Online service on the FSSP website can also help in this matter, it is enough to enter the owner's information (name and date of birth).
Thus, you can check the car for arrest by car number. The same sources may provide similar information upon written request or in person. The response to such a request, as a rule, contains: owner information, information about the car, state number and the number of the body and engine. The answer is given up to 14 days in writing.If you are looking for information about the seizure of a car in order to file a lawsuit in court, and not before the acquisition, it is better to file a request in writing, since the answer to it will serve as evidence in court proceedings. Check the car for arrest by state. the number is not difficult.
Fraud
In addition to unscrupulous sellers who have debts and sell a car under arrest, there are scammers who sell obviously “criminal” cars. These are many cars exported from abroad. The most common types of fraud with vehicle passports are:
1. Air declaration. This is a paper that indicates the absence of unpaid duties or taxes. However, this document has no legal force; it should not be completely trusted. Even with such a document, an additional check will not hurt.
2. Fraudsters receive new car passport due to the alleged loss of the old. Empty and clean duplicates are used for further fraudulent schemes.
Removal of Arrest
Before taking any action, the owner needs to determine whether the actions to seize the car were legitimate and reasonable. There are such cases when the bailiffs did not have the right to seize, as the car was purchased on credit and was pledged. In this case, only the bank has the right to withdraw the vehicle to repay the loan debt.
The second step should be to find out the reasons for the seizure. This will help determine where to go for clarifications and information to solve the arrest problem. In the case of credit debt, you need to pay off the debt, get a certificate confirming the absence of debt and take it to the bailiff. Sometimes you need to go to court yourself to remove the arrest.
If you purchased a car, and later it turned out that he is under arrest, you can file a lawsuit. There it will be necessary to provide evidence that a purchase and sale transaction has been completed, as well as that the new owner has entered into the right to own a car (insurance, maintenance, etc.). The same algorithm of actions in the case of the acquisition of a mortgage car (if the arrest was imposed for other reasons).
Conclusion
Based on the above, one conclusion can be made: do not be gullible and take a word to the car seller in order to avoid future troubles: suddenly the car is in custody ... Be extremely vigilant and do not spare time for checking the integrity of the person who offers you the car. After all, it directly depends on whether you will avoid litigation and additional costs, as well as whether you can, in principle, call the purchased car your property and use it freely.