A bank card is a convenient way to store funds, transfers and payments. Since 2016, more than 77% of Russian companies use it to transfer wages to employees. But if the client is a debtor, his accounts may be seized by the Federal Bailiff Service. Those who first encountered this do not know what to do in such cases. Arrested on the card of Sberbank: how to get rid of it?
What is an arrest card
What does the arrest of the Sberbank card mean? This is the collection of funds from the account due to non-payment of utilities, taxes, alimony, loans or other contributions that the client had to pay within the specified time. The amount of debt may be debited from the card in full or in parts.
Arrest is a decision on enforcement proceedings. Depending on the number of violations, there can be an unlimited number of arrests on the client’s accounts.
If the client has no debt, for example, for annual maintenance, the balance of his card is equal to the amount of funds deposited on it. When the accounts are seized, part of the money is blocked by the bailiffs or automatically goes to their account.
In case of blocking, the money is displayed on the client’s account, but he cannot use it until the moment he has paid off the debt.
But since 2017, the FSSP more often immediately deducts funds from the account, which, due to the resulting debt, can go negative. Bailiffs may impose one or more arrests at once.
What could be seized for?
There are several reasons why a client can see that his account has been seized.
- Fines of the traffic police. This is one of the most common cases. The traffic police service is actively cooperating with the FSSP, therefore, if the payment of an administrative offense is delayed on the road, the debtor receives a notification of the arrest of accounts.
- Communal payments. Not everyone who received the “red” payments for the payment of a communal apartment thought about further consequences. Non-payment threatens not only with arrest, but also with suspension or complete disconnection of the service from the address of the debtor.
- Loans In this case, the arrest may be imposed not only by the FSSP, but also by the bank service. In the column "Contractor" then it is indicated not the name of the bailiff, but the data on the branch of Sberbank.
- Taxes. State fees are mandatory for all who have movable and immovable property. Delay of payment leads to the formation of fines, as well as the possible seizure of all accounts of the non-payer.
- Alimony. A debtor who evades child support fees may lose up to 70% of his salary if the court finds him guilty in the course of enforcement proceedings.
These are the most common reasons why Russians find out about the arrest in their accounts. You can also get information about the presence or absence of debt by visiting the FSS branch.
How to understand that the card is arrested?
To understand that on the Sberbank card the seizure of funds by bailiffs, it is easy:
- at the time of write-off, the client receives a notification from the FSS from number 900, which indicates the reason for the negative balance or expense (for the amount of the arrest) - “Arrest”;
- if there was no cash on the payment instrument, the balance at the ATM will be negative;
- If you try to deposit less than the amount of the arrest, the balance will still be negative.
Where to find out about arrests?
You can get an extract from Sberbank with information about who, for what amount and when seized the accounts.An extract is provided free of charge. It does not require mandatory certification and helps customers figure out which of the arrests are still in force and which are already paid off (paid).
The statement also indicates the amount debited from the account to the bailiffs. Starting from 2017, money from a debtor's Sberbank debit card is automatically sent to the FSSP account, thereby repaying its debts. In the help there is a column "It remains to redeem." If the column is "0", then the debtor paid for this arrest in full.
You can see the seizure of funds on a Sberbank card by bailiffs at ATMs and terminals of the company. The card balance will be negative if the amount of the arrest exceeded the limit on it.
Sberbank Online also has the opportunity to find out if the debit card of Sberbank has been seized. In addition, here the client will be able to see when and how much was charged.
Do bailiffs have the right to seize accounts?
Upon seeing the write-off from the account, customers often resent: “Can they seize the card of Sberbank?” A card account is not an obstacle to collecting funds from a debtor, and bailiffs are representatives of a state organization, which is obliged to fulfill its powers on time and in full.
A write-off from a bank card can be carried out for the entire amount of the debt, provided that it does not exceed 50% of the client's salary. If the amount of the arrest is greater, the FSSP has the right to write it off in parts, leaving half the salary "for life". The arrest of a Sberbank pension card is also possible in the amount of not more than 50%.
What to do if the entire amount was withdrawn from the card as an arrest?
What to do: Sberbank was arrested, ignoring the limit of 50% of the amount of transfers? Alas, every second debtor is faced with such a situation. This happens because the bailiffs do not see which of the accounts is the salary of the client, since the arrest is imposed on all accounts of the depositor.
If the amount of debt is tens of thousands of rubles, for example, when there are several enforcement proceedings, the client is left without a livelihood. According to the legislation, such actions by the FSSP are unacceptable. But the bailiffs will not return 50% of the salary or pension if the client does not contact them.
To return your own funds, you need to take a certificate from the company that is the sender. Is it an employer or a pension fund. This certificate, together with the account details, should be provided to the regional department of the FSSP as proof of the withdrawal of more than 50% from the card account. It is also recommended to bring a certificate from Sberbank, which indicates the charge-off, or an account statement on the date of arrest.
The debit card holder may complain to the FSSP employee who has withdrawn the entire amount from the client’s account. You can submit a complaint to a senior employee or send a complaint to the prosecutor.
How many bailiffs return funds to the client’s account?
Excessively debited funds are credited to the card user’s account within 10 days from the date of consideration of the claim. But this does not mean that the client has paid with the FSSP in full: the arrest is still valid until the debtor has paid everything.
Some customers can only rely on 30% of the funds on the card in the presence of debt. This applies to those who pay debts for crimes, non-payment of alimony, compensation for harm to health. From such citizens, bailiffs have the right to withhold up to 70% of their salary or pension, and it is impossible to appeal this decision.
They arrested Sberbank. What to do?
If the debit is legal, the client must pay the bailiff service. There are 2 ways to do this:
- Wait until funds are automatically transferred to the FSSP account. After paying off the full amount of the debt, the arrest will be lifted.
- Pay debts yourself and apply for withdrawal from the FSSP.
In the first case, the arrest is removed automatically, since the grounds for its action cease - the client pays the debt. Cardholders who regularly forget to pay fines to the traffic police or a communal apartment always pay the FSSP in this way. Sometimes they don’t even notice how the money leaves the debit card, if the amount is not a big expense for them.
But more often, customers seek to close their debts in advance. And they really want to know how to remove the arrest from the card of Sberbank. If they have paid off debts, for example, for a traffic police fine, it should:
- submit checks for payment to the regional department of the FSSP.
- take a certificate from them on the abolition of enforcement proceedings.
- take it to the nearest branch of Sberbank.
Contacting the office is not always required. Sometimes bailiffs send data by e-mail so that the debtor does not waste time going to the bank. But more often, the client himself must take the original document with the signature and seal and give it to the administrator in the office.
What do bailiffs not have the right to seize?
Not all funds credited to a customer’s card account may be debited by bailiffs. These contributions include:
- alimony;
- children's allowances;
- maternal capital;
- payments in connection with causing harm to health;
- survivor's pension.
How to return illegally debited funds?
What to do: did they unjustifiably arrest Sberbank? Such cases are not uncommon since, according to the law, bailiffs have the right to ask the bank for depositor accounts, but the certificate does not say about the legality of debiting these deposits. Therefore, often there are penalties for the full amount of the debt, regardless of the nature of the origin of the funds on the card.
You can prove that the funds were written off illegally, just as you can return the overpaid debts. To do this, you need to take a certificate from the institution that transfers the funds to the customer’s card and provide a certificate with the account number to the bailiffs.
How much the arrest is removed from the Sberbank card in this case depends on the workload of the FSSP department. But the term may not exceed 10 business days. If the client, in addition to these receipts, has other contributions, for example, wages, seizure may be imposed on receipts permitted by law.