If a person is unable to cope with his debt obligations represented by loans, paying taxes or fines, and also paying a debt to other citizens, then the creditor is likely to file a lawsuit with the court. After the trial, a writ of execution is sent to the bailiffs. It is the appointed contractor who then collects money in favor of the lender. For this, various measures may be applied, represented by the seizure of accounts or property of the debtor. Therefore, often defaulters are faced with the fact that the bailiffs arrested the salary card. What to do in such a situation? In this case, you have to take care of the full repayment of the debt.
Concept of arrest
The arrest of the Mir salary card or other card to which the employer transfers the salary of a citizen can only be carried out if there is an appropriate court decision. Such a measure of influence on defaulters is considered effective and widespread. For each person, the news of the ban is unpleasant, since some of the income is forcibly written off by bailiffs to pay off the debt.
Having an arrest can cause many problems. Money is withdrawn, represented not only by salary, but also by various benefits or other types of receipt of funds.
Reasons for the arrest
The arrest of a salary card can be due to various reasons. The procedure is performed by the bailiff appointed by the performer in a particular case. If an arrest is imposed, then this indicates the presence of large debts on the citizen. They can be represented by the following types:
- delays in loans issued at different banks;
- evasion of child support for minor children, and in this case, the recipient of the money is the wife with whom the babies live;
- the presence of debts for utilities;
- unpaid traffic fines;
- identification of tax arrears.
If there is an arrest, it will not be possible to use the funds available on the account. In addition, the contractor can withdraw the required amount of funds to pay off the debt.
Who is arresting?
The procedure is most often performed by bailiffs, but representatives of other organizations can also use it. These include:
- tax authorities if there are tax debts;
- customs authorities, if problems with the transportation of various goods across the border are identified;
- financial monitoring service.
Usually, citizens are faced with the fact that it was the bailiffs who arrested the salary card. What to do under such conditions? To do this, you have to take care of paying off the debt, otherwise the burden will not be eliminated.
How to avoid arrest?
Each debtor is notified of a trial in which the creditor is the plaintiff. He can attend meetings, as well as communicate with bailiffs appointed by the performers. It is the seizure of cards is considered the most effective way to enforce the collection of money.
In order for the bailiffs to not block the salary card, it is advisable to perform the following actions:
- It is recommended to communicate with the designated contractor, and not to hide from it;
- you can give the bailiff information about the place of employment, since in this case the writ of execution will be transferred to the employer, which will lead tothat some part of the salary will initially be withheld by the head of the company, and not be debited from the card;
- it is allowed to draw up a contract with the bailiffs in order to transfer certain property for sale in repayment of the debt;
- anyone can borrow from other people or companies to pay off debt.
Bailiffs have the opportunity to receive information about all cards issued for a specific debtor. Therefore, to hide this information is simply impossible.
What to do if there is an arrest?
Many people think about whether they can seize a payroll card. This process is legal, so if a person has debts, he must prepare for the various measures of influence used by the bailiffs.
For some people, having an arrest is a surprise, as they do not attend courts or are in another city. As a result, they are simply notified by bank employees that the bailiffs have arrested a salary card. What to do in such a situation? To do this, the following actions are carried out:
- initially, a certificate must be taken from the bank that confirms the presence of an arrest;
- Further, the bailiffs need to inquire about the reasons for blocking;
- a special application for lifting the arrest is drawn up, but this will allow to remove the block only in the absence of debts;
- if the bailiffs have a court decision, then no statements drawn up by the debtor will give the desired result until the debt is fully repaid at the expense of the salary received on the bank card;
- if the debtor does not want his funds to be directed to the creditor, he can draw up an application addressed to the employer, in which he asks for the payment of salaries in cash through the cashier of the enterprise;
- it is allowed to draw up a peace agreement with the direct creditor, on the basis of which the claim is withdrawn and the arrest is removed from the card, but for this it will be necessary to pay at least part of the debt;
- in case of unlawful seizure, it can be challenged in court, but this is possible only if the funds transferred to the card are the only source of income for the citizen and members of his family;
- the best solution to this problem is full repayment of the debt.
If a salary card is arrested by bailiffs, then several actions can be performed to eliminate the lock. The best way out is debt repayment.
How much is withdrawn?
If enforcement proceedings begin against a citizen, then he must prepare for the bailiffs to use different methods to recover funds. The most common use for this is the arrest imposed on bank cards. How much money can bailiffs write off from a card? The exact amount of funds withdrawn from the account depends on the characteristics of existing debts. To do this, the rules are taken into account:
- in the presence of various debts on loans, no more than 20% of the funds are charged;
- if there is debt to the state, then it is allowed to withdraw 50% of the salary;
- if the funds are represented by debt for child support or compensation for damage to human health, it is allowed to recover up to 70% of the income.
Each situation is considered individually.
When is the penalty reduced?
There are some conditions under which the debtor can count on a decrease in the amount that is collected from his monthly salary. This is possible if a citizen has minor children or dependents. In this case, the amount of recovery cannot exceed 30%.
If the debtor is represented by a single parent, then a maximum of 25% is deducted from his salary.
What funds can not be arrested?
Money is withdrawn from the Mir salary card or other payment instrument on the basis of a writ of execution.But not all funds that come into the account can be debited by bailiffs. There are some cash receipts that should remain untouched. These include:
- maternity allowance;
- payments intended for minors, including child support;
- compensation paid by the person who harmed the health of the debtor;
- pension granted to a disabled person or survivor.
Additionally, bailiffs are not allowed to withdraw funds from a credit card. This is due to the fact that these funds belong to the bank, and not to the debtor.
Is it possible to appeal the arrest?
After a court hearing, many debtors are faced with the fact that bailiffs arrested a salary card. What to do in such a situation? If such a lock is illegal, then it can be appealed. To do this, the following actions are performed:
- the bank must clarify the reason for the seizure;
- if the basis for blocking is the existence of enforcement proceedings, then you must contact the FSSP department to familiarize yourself with the necessary documents;
- it is important to verify the legitimacy of this documentation;
- a lawsuit is filed to cancel the enforcement proceedings;
- evidence is applied to the claim that the citizen has no debts to other firms or people;
- if the court makes a positive decision, then the lock is removed.
If necessary, a citizen can apply to the court for moral compensation. He may complain about the unlawful actions of bailiffs in the prosecutor's office or the leadership of a particular performer.
How is the arrest lifted?
Removing an arrest from a salary card is possible only after full repayment of the debt. For this, the debtor can pay the required amount immediately or wait until all the necessary amount is withdrawn from his card.
If a person independently repays the debt, then he must save the documentation confirming this fact. With these checks or delivery notes, you must contact the bailiff, after which the lock is removed.
Conclusion
A salary card may be seized by bailiffs or representatives of other government organizations. It is considered an effective way to recover funds from debtors. It can be appealed or removed legally.
An arrest can be lifted by paying off a debt, drawing up a contract with bailiffs, or resolving disagreements between a creditor and a debtor.