When buying a car from a private person, you may encounter not only a number of carefully hidden malfunctions, but also the inability to complete its registration with the traffic police. For example, a ban on registration actions on a car is imposed if the former owner has substantial debt for child support, an outstanding loan, or a number of other circumstances in connection with which the court decided to appoint this restrictive measure. Subsequently, if the debtor is inactive, the court may issue a new resolution, according to which his property, including the vehicle, will be seized.
Therefore, having paid a substantial amount for the purchase, you cannot legally use the purchased car. Some owners deliberately keep silent about this fact. The problem becomes known only after checking the vehicle by traffic police or during the re-registration. Such troubles can be avoided. You will be protected from them by a check on the prohibition of registration actions or other restrictions. The procedure does not take so much time and can last from 10 days to a crescent. In addition, to speed up the process, you can check without leaving your home - on the Internet, but you should be prepared to receive only general information about the presence or absence of any restrictions.
Basic data
The ban on registration actions on the car is designed to stimulate the owner of the car to pay debts. After all, without paying the bills, he will not be able to deregister his vehicle from the traffic police or re-register it with another person. If the debtor fails to fulfill the necessary requirements of the injured party to recover damages within the time period established by the court, the court will re-examine the case and seize or confiscate the car to pay the full amount of the debt or part thereof.
After the bailiffs receive the decision of the authorized body, they must inform him not only the traffic police, but also the owner of the car. If you urgently need to sell a car and don’t have time to figure out why registration prohibition was imposed, you can transfer it to another person by issuing a general power of attorney. However, this does not solve the problem.
Checking the car in the traffic police
Before signing the documents, be sure to check the car on the traffic police website. If necessary, you can always get advice on this issue and the possibility of solving it in your case at the nearest traffic police department. Having found out what reason served as the reason for the court to impose a ban on registration actions, you can eliminate it. For example, paying off fines.
After the required amount has been paid, you must provide the traffic police with the necessary documents confirming the payment. At the same time, it will be useful to do it yourself to speed up the process. Do not wait until the relevant authorities will deal with their transfer to the STSI.
Normative base
You must find out how such concepts as “arrest” and “ban on registration actions” differ. According to existing legislation, the seizure of a car is not only confiscation of the car, but also the imposition of a ban on the owner to dispose of it.Guided by these concepts, you can challenge the illegally imposed restrictive measure, thereby saving a significant amount of time and effort required to eliminate the violation. The court decision can be appealed within a month by filing an appeal. At the same time, remember that restrictive measures will remain in effect until you satisfy the lawsuit or comply with the court decision.
Prohibition Instances
According to the order of the Ministry of Internal Affairs No. 1001, the basis for the refusal to carry out registration actions with the car is the restriction imposed by one of the following authorities:
- The judiciary. An arrest or injunction on registration actions is imposed if the car has caused disputes. For example, when spouses share jointly acquired property. Its action continues until a court decision is issued.
- Investigative bodies. The ban is most often imposed if the vehicle is wanted or the owner is suspected of committing a crime using a car. You can contact the investigating authorities in order to limit the use of the car until a court decision is received. For example, during the division of property described above.
- Federal Customs Service. A ban may be imposed if the owner is suspected of illegally importing a car into the territory of the state. For example, with improper customs clearance. In addition, the customs service may seize vehicles that, having got into an accident, have damaged elements of the VIN code or plate mounts.
- Federal bailiff service. The ban is imposed on the basis of a court decision on the collection of obligatory payments from the owner of the car. Consequently, if the machine has a ban on registration actions, the owner is partially limited in his rights and cannot legally reissue documents for a new owner. It should be borne in mind that the bailiffs without fail inform about the prohibition of the traffic police. If you, when selling a car, do not inform the new owner about the restrictions, he will know about it at the first stop by an employee of the department. This measure is most often the most effective way to get the owner to pay the debt. Indeed, in the future, the court may decide on the collection of debts and the vehicle will be seized.
- Social protection authorities. They can go to court with a request to impose a ban on registration actions if the actions of the car owner to reissue documents negatively affect the rights of minor children.
What is a car arrest?
Note the difference between physically arresting a car and imposing registration restrictions. If the arrest order has already entered into force, the car is transported to the penalty parking lot. At the same time, nobody is allowed to drive this vehicle, including the owner of the car. If the debtor is trying to hide the car from confiscation or it was stolen from him, then the arrest is often considered unrealized. Such a car is put on the wanted list simultaneously with the restriction of registration actions and will be stopped by the very first traffic police officer.
Simplified paperwork
The procedure for processing documents for the sale of a car is currently greatly simplified. All that is required is to fill out and sign the documents. However, they do not even need to be certified by a notary.
Despite the presence in the contract of a clause in which the seller is obliged to make a note if the machine prohibits registration actions or any other type of restriction, he can remain silent about them. Therefore, it is imperative that you independently verify the information provided by the seller.
Features of the purchase of a car that is subject to restrictions
If you need to sell a car that is subject to any restrictions, it is better to warn the buyer about them before concluding a transaction. Indeed, during the registration of a vehicle, the new owner will still encounter this fact, which can create a number of legal and moral difficulties for you. If the car you are purchasing is in collateral, be sure to go to the bank with the seller and make sure that he has paid the rest of the loan. After that, you can safely sign documents. It will also be useful to write down in them the amount that you paid for the car and a list of guarantees that there are no claims on the car from third parties that the seller provided to you.
In the event that you encounter fraud, thanks to this clause you will be able to declare the purchase invalid through the court and return the money paid for the car. If you decide to buy a car that is under arrest, be sure to fix the problem before signing the documents by paying the full amount of the debt. At the same time, keep in mind that only the authority that imposed it can issue an official document on lifting the ban.
Check for prohibition of registration actions or other restrictions
Regardless of the reason and by whom the car was restricted, it will be necessary to fix the problem as soon as possible. Do not neglect to conduct an independent check of the machine before signing the documents. Even if the seller convinces you that everything is in order. Remember: if a ban on registration is imposed on a car, you can drive, the only obstacle at this stage is the impossibility of legally re-issuing documents to another person until the moment the debt is cleared.
Three types of vehicle checks can be performed:
- Check for restriction, prohibition or arrest. It is carried out on the basis of bailiffs. Contact the court enforcement service by making an official request at the service department. They usually respond in a few days in writing.
- Check for theft or search. It is required to personally apply to the traffic police department, where you will need to leave a statement, indicating in it all the data you know about the car, including the engine number and VIN code. After which it remains only to wait for an answer.
- Online Allows you to get only general information about the presence of any restrictions.
Bailiff Restrictions
As long as you do not pay the claims for debt obligations, it is impossible to remove the bailiffs ban on registration actions. If the amount has been fully repaid, documents confirming the payment should be submitted. If after this the ban is not lifted or the bailiffs come to seize the car, based on a new court decision that was received before you had time to present them with documents confirming the payment, you can file your own statement of claim. It will need to point out all the illegal actions of officials. In addition, in such a situation, you should contact the nearest branch of the FSSP, where you can familiarize yourself with all the documents in the case relating to your car and consult about the possibility of solving it.
If you did not remove the ban on registration actions in time and managed to seize your car, it will be much more difficult to resolve the issue. You will have to not only pay the full amount of the debt, but also receive written confirmation of the cancellation of sanctions from each bailiff who took part in the arrest.
If the bailiffs, when imposing restrictions or arrest, acted in violation of the law, there are two main ways to challenge their work:
- Make a formal complaint within a week after unlawful seizure of the car by sending it to the head of the federal bailiff service.
- To challenge the unlawful decision of the bailiffs in court. However, in this case, certain difficulties arise, since, in accordance with the law, a bailiff, who is a third party, cannot act as a defendant in the process.
When should you not buy a car?
You should not trust intermediaries who offer for a small amount to check whether there is a ban on registration actions on your chosen car or check it on the basis of the traffic police for a pledge. Remember that the police list does not contain information about pledged cars, so such a check is a common fraud.
Despite the fact that in order to legally sell a car, it must be free from collateral and any type of restrictions imposed, some sellers are silent about them until the signing of the documents. That is why it will be worthwhile to make every effort to minimize such risks and check the documents, adhering to the following rules:
- If the seller cannot present the original Title (vehicle passport), you should refrain from buying. The only exception is non-TCP vehicles sold by relatives you fully trust.
- Check with the seller for a passport passing inspection which is an indirect confirmation that the former owner did not apply for a loan on the security of the car. However, you should be prepared for the fact that the owner of such a machine may have the original PTS on hand. The fact is that the seller at any time can contact the bank with a request for a temporary return of official papers to make any changes to it.
- Carefully reread the documents from the insurance company for the beneficiary. If the bank acts as it, then the car is pledged. Therefore, before signing the documents, you should go with the seller to the institution and close the loan.
Conclusion
When the ban on registration actions is lifted, you can proceed to the paperwork for the purchase or sale of the vehicle. Do not hesitate to ask the seller for any additional documentation, including a certificate from the traffic police, which serves as decisive proof that everything is in order with the car.
