In modern realities, employers prefer to transfer salaries to employees in bank accounts. But this trend has significantly increased the number of debtors whose accounts are seized. The decision on the arrest is made by the bailiffs on the basis of a writ of execution that has entered into legal force.
The seizure of an account does not allow the holder to dispose of the funds on it. But often the rights of debtors are violated during the arrest. So that your rights are not infringed, you need to understand the arrest process itself and know in detail how the burden is removed. So, can bailiffs arrest a credit account?
Reasons for the seizure of accounts
The reason for seizing a bank account may be:
- Enforcement of a court decision in a civil case or levy of a fine prescribed in a criminal case.
- Account lockout acts as a way to effectively repay a debt when the court decides to recover the property of the debtor, including.
- In order to receive the funds laid down in the performance of alimony obligations.
Federal law relating to enforcement proceedings provides a list of accounts that may be subject to arrest and describes the procedure for blocking an account. It also describes the means that cannot be arrested, as well as the algorithm of actions between the bailiffs and the bank. Seized accounts can belong to both individuals and legal entities. In legal practice, however, there are cases of erroneous seizure of an account or bypassing existing laws and regulations. The latter may be the reason for filing a statement of claim. Can bailiffs arrest a credit score? This is a common question.
Bank actions
The bank does not have the right to seize the account. But such practice also takes place. This is especially often the case when a client has a debit and credit account in one bank. By blocking the accounts of the debtor, the bank is trying to get its money, which is beyond the scope of the law. A financial institution cannot forcefully block the funds of its customers. The arrest can only be carried out as a result of a court decision. That is, the bank must file a lawsuit to recover funds from the debtor and wait for a verdict in its case.
Then the bailiffs enter the work, who with the help of the bank block accounts for the further withdrawal of funds in favor of the plaintiff. The account can be blocked without notifying the owner, which is provided by law. The application of such measures is security. However, it is worth noting that compulsory seizure of an account can be carried out only after the debtor has been given the opportunity to voluntarily repay the debt. Can bailiffs arrest a credit score? This question interests many.
Consumer Credit Lock
For debtors who have a consumer loan, two accounts are opened: settlement and loan. The initial loan amount is issued through the current account, and payments are made to repay it. At the initial stage, this account is zero, and the funds received on it are automatically considered as the borrower's own funds. In case of debt, funds received to the account can be recovered to pay off the debt by a court decision. In this situation, there is a delay in the loan. Do bailiffs have the right to seize a credit account? Let's figure it out.
The loan account shows how much you need to repay the loan. The money received on it is used to pay the loan.Since this account belongs directly to the bank, it is impossible to arrest it. The loan is repaid in the following way: the money is deposited into the current account every month, and the bank, in turn, transfers the money to its account (loan) when the next payment is debited. Just at the time when the money is before being debited to the current account, and funds may be seized by order of the bailiff.
In the situation described above, it would be most reasonable to contact the bank, where you can agree to deposit funds directly to the loan account, bypassing the current account. You can deposit money into the loan account either through the cash desk, or by transfer from another bank account, or by opening an account with a third party. Can a bailiff arrest a credit account? About it further.
Legitimacy of the arrest of a credit account
Many use credit cards. This is much more convenient than cash. It is convenient to use a card to pay for your purchases without waiting for a change and queue delay. It is convenient to shop with her at the self-service cash desks without the participation of the cashier. There is an automation and modernization of the commodity circulation process. But in case of unforeseen situations, dealing with the card is quite difficult. For example, when a court proceeding due to debts to the bank. Any card issued by a bank can be arrested and blocked. According to the law, bailiffs do not need to find out the purpose of the money coming into the account. The bank provides the bailiffs with an extract only on the availability of accounts.
Can bailiffs arrest a credit card account?
The law does not provide for the arrest of credit accounts. A credit card has a limit that the bank itself creates. An account tied to a credit card is a loan account. In fact, the debtor is not related to this money and, accordingly, their removal by bailiffs is not possible. As a rule, after the arrest of a credit account tied to a card, to unblock it is enough to provide the bailiff with a document confirming the lack of funds of the debtor on the card.
But some banks allow you to put funds on your credit card that exceed the original limit, and therefore, store your own savings on it. Bailiffs may seize only the accounts you use. Thus, in order to avoid blocking, it is better not to withdraw or replenish a credit card. Customers often ask employees: "Can bailiffs arrest a credit account without notifying me?"
Account Arrest Procedure
First you need to find out who made the arrest of the account, and whether it was lawful. You must make a request to the bailiff service, get all the documents and make copies. If you consider the actions of the bailiffs illegal, then the following steps must be taken:
- Find out the reason for the seizure of the account.
- To receive documents on the basis of which the arrest was imposed. Such papers can be requested from the bank.
- At a credit institution, you need to get a statement of your account. It should indicate the purpose of the funds received for it.
- Write a complaint to the bailiff service, which indicates those actions that are illegal, and demand the cancellation of the court decision.
The response to the complaint must be provided no later than 10 days from the date of its submission. If the bailiff service refuses to consider or gives an unsatisfactory answer for you, you should prepare a lawsuit. We figured out if the bailiffs could arrest a bank loan account. How does the unlock go?
Account unlock
There are two ways to quickly remove an arrest from a credit account:
- Pay the debt off. That is, get rid of the very reason for the seizure of the account.
- Unblock the account through the court, thus appealing against the unlawful actions of the bailiffs.
Upon arrest, all funds in it are debited from the account.If there are enough funds in the account to pay off the debt, then it will be unblocked automatically. If there are not enough funds, then the debt will be charged in the future from monthly receipts to the account. After eliminating the reason for the arrest, the account is unblocked within three days. But in practice, this period can be extended. Can bailiffs arrest a credit account at another bank? We gave the answer above.
findings
Summarizing all of the above, we can conclude: the client makes a delay and does not execute the subsequent court decision, as a result of which the bailiff arrests the bills on the writ of execution. If the debtor does not agree, then litigation begins, the collection of a large number of documents, evidence of his innocence, and if the claim is satisfied, the accounts will be available again.
In any case, the situation in our country is such that we often have to prove our innocence and rightness. Bias towards debtors and rejection of a combination of life circumstances are inherent not only in banks, but also in the judicial system. We examined whether the bailiffs could arrest a credit account. But it is better to avoid such situations.