Using a bank card, customers of a financial institution must not forget about their obligations. This applies not only to the payment of annual services, but also to other regular payments: taxes, loans, communal services. Ignoring receipts may result in seizure of accounts. But can bailiffs arrest a payroll card?
Why seize accounts?
Account seizure is the blocking or debiting of cash from a deposit or bank card in the amount of debt. It is imposed by the executive body - the Federal Bailiff Service.
The client has a chance to see his account arrested if he does not pay:
- Utilities for a period of 3 months or more. One of the consequences of such a debt is also the cessation of housing and communal services.
- Credit 3 months or more.
- Taxes. If the receipts are delayed, the owner of the property faces not only the arrest of the card, but also fines. They come over the next period.
- Alimony.
- Fines of the traffic police. Violators of the rules of the road may lose not only a driver’s license, but also a chance to go abroad.
If a client has arrears in at least one of the cases, this is an answer to the question of whether the bailiffs can arrest a salary card.
What does card arrest look like? Signs of an Arrested Account
Not all credit card debtors can determine that their account is seized. There are several indications of an arrest:
- A notice from the bank indicating the write-off of funds to the FSSP of the region. The notification arrives at the time of transferring cash from the card to the account of the bailiff service.
- Negative balance. If the card is zero, the balance becomes negative upon arrest.
- Write-off for the amount of arrest (or part thereof). It is displayed in the "Consumption" column from the card, the purpose is "Arrest".
- Notification of seizure of a card account from the FSSP. If the owner of the salary card received such a notification by mail, his account, most likely, has long been blocked by the bailiffs.
How are seizures occurring on accounts? Procedure
Finding out whether the bailiffs have the right to arrest a salary card, the owner must know the procedure for seizing an account. Before blocking and debiting funds, the following occurs:
- a company that has not received payment from a client applies for debt collection to the FSSP in the payer's region of residence;
- the debtor receives a notification about the need to make a payment;
- if the warning is ignored, enforcement proceedings are opened, if there are several debts, then each of them will have its own business;
- the customer’s account is seized.
Can bailiffs seize a payroll card and a savings book at the same time? This is a feature of the procedure: even if there is only one enforcement procedure, all client accounts are under arrest.
Permissible rates of seizure under the laws of the Russian Federation
If the debit from the card account is inevitable, you need to know how much FSSP can deduct by law. This is important, as many debtors often ask the bank if the bailiffs can completely arrest the salary card.
According to the law, it is possible to deduct from the card to the FSSP no more than 50% of the salary or pension. But there are exceptions for which it is allowed to seize up to 70% of the amount of wages. This applies to debt:
- on alimony;
- for a crime committed;
- for causing harm to health.
If a full charge has occurred: card for cardholder
Upon learning whether the bailiffs can arrest a salary card, customers are afraid to see a negative balance on it. But this happens in 50% of cases.
Writing off all debt immediately instead of 50% of wages is not an accident. This is due to the fact that banks transmit only the list of customer accounts. They do not indicate the source of income, therefore, the FSSP employee is not able to verify the legality of the withdrawal of the entire amount instead of half of the salary.
Writing off the entire salary from the card is an extremely unpleasant, but correctable situation. To do this, you must:
- Collect documents on the card. It will be necessary to provide an extract on the seizure of accounts, an extract from the bank account of the card, a certificate on the transfer of wages (with the purpose of payment), account details. All these documents can be obtained from the issuing bank.
- Refer certificates to the FSSP department responsible for write-offs. It’s easy to find out the representative of the department: the certificate issued by the bank indicates the name of the bailiff who is involved in enforcement proceedings.
Within 10 days from the date of submitting the documents, the bailiffs are obliged to return the excessively debited money to the card. The operation will be displayed in the “Arrival” section with the purpose of “Refund of funds for enforcement proceedings”, then the case number, date and amount of the contribution will be indicated.
Which of the arrests needs to be paid most quickly?
When examining the right (do bailiffs have the right to seize a salary card), the client should be aware of the procedure for seizing accounts. Depending on the importance, they are divided into queues.
First-order arrests include alimony and bodily harm. If the debtor has not repaid the loan and there is a debt on alimony, payment of alimony will be charged first. After repayment of the debt for child support, a write-off for the loan will occur.
The same applies to recovery due to harm to health. Such a debt must be paid first. Arrests for taxes, fines and a communal apartment are in the third line. They will be deducted from the accounts after the repayment of priority penalties.
Can bailiffs arrest a salary card by writing off several arrests at once? Yes, they have a right to it. But when depositing funds by the client, priority will be respected when paying off debt. First arrests of the first order will be written off, then the rest.
Does the type or issuer of the card affect debiting?
Often, those who use the cards of various banks are sure that during the arrest only the accounts of one of them will be affected. Can bailiffs arrest Sberbank salary card? Of course, since the bank complies with the requirements of the law "On Enforcement Proceedings" and provides the FSSP with customer numbers upon request.
But if the client has accounts of another bank, this does not mean that the arrest will not affect her. This is an answer to the question "Can bailiffs arrest VTB salary card?" A financial institution, like Sberbank, is open and complies with the requirements of the legislation of the Russian Federation. Cards of other banks can also be arrested, regardless of whether they are instant, personal or with an individual design.
The introduction of a new payment system from Russia under the name MIR sometimes misleads customers. They believe that such cards are more protected than, for example, Visa. But this is not so.
If the debtor did not pay the bills on time, no card payment system will protect him from the need to deposit funds on time. Therefore, those who doubt whether the bailiffs can arrest the MIR salary card, in the presence of debt, have every chance to be convinced of this possibility.
Is it possible to protect the card from the arrest of the FSSP?
There is no such service or opportunity to block a possible arrest of a card account. This is not possible, since the card account performs the same functions as a regular savings account, but the capabilities of the plastic carrier allow you to make money transactions with it in a more convenient format.
The only protection against a possible write-off is the repayment of all debts, due to which the client can see the arrest on the salary card account.
Is it possible to refute the seizure?
The right (whether bailiffs have to arrest a salary card) is FSSP legalized at the legislative level. But the actions of the bailiffs are not always legal. Sometimes it happens that the payment information is received by the FSSP with a delay, so public service employees may seize the payer with the debt repaid.
If the arrest is imposed on a fine already paid, you must immediately inform the bailiff service. Otherwise, the cardholder will have to wait until the funds arrive at the company’s account, and the information reaches the government agencies. This may take more than 2 weeks. Moreover, without funds in the account, the card balance will go to minus.
When making a complaint about an erroneous seizure, the situation will be considered within 10 days (taking into account the receipt of funds in the salary card account). If money is not returned to the account within the specified time, you can complain about the actions of the FSSP to the prosecutor's office.
Can they arrest a credit card?
Those who have been confronted with the debit card seizure fear credit card collection. By law, bailiffs do not have the right to block loan accounts of debtors, even if it is necessary to pay off a debt to a creditor.
A credit card account is unavailable for debiting, despite the fact that it may contain the cardholder’s own funds. Therefore, do not be afraid that the client may lose the bank's money and pay interest on it.
The restriction also applies to the account under the loan agreement. Even bailiffs can withdraw funds from it. But this applies only to the loan account. Savings accounts, as well as bank cards from which money are debited to the credit account, including payroll, can be recovered.
What is the fastest way to pay bailiffs?
If a customer’s card is seized, he will be listed as a debtor until he has paid off all debts. In this case, funds from the card will be deducted in the amount of 50% to 70% of the amount of wages.
The amount of deduction can be reduced at the initiative of the bailiffs, but this happens extremely rarely. This is possible if the client’s salary is less than the minimum wage, for example.
In other cases, the cardholder just needs to pay off his debts as quickly as possible. The best way to do this is to transfer funds to the account of the one to whom the client is indebted, and submit a payment document to the FSSP.
The arrest is not immediately lifted. Only 10 days after the receipt of the checks, the client will be able to see that the balance of his card has again become positive. To confirm the removal of the arrest from the account, you can contact the issuing bank for an extract. The service is provided free of charge. An extract is printed within 5 minutes.
Another way to get out of debt is to wait until funds are automatically debited from the account by the bailiffs. The process may take several years, but for some clients this is the only possible way to get rid of the status of the debtor.