We are all used to using banking services, with their help it is convenient and simple to control cash, invest, lend, use deposits and accounts. Having taken a loan, a person assumes the obligation to repay funds to a bank acting as a lender. A credit account is opened in his name, with the help of which all debt repayment operations take place.
Unfortunately, credit bills are often seized by bailiffs. And this leads many people to bewilderment, since any actions on the seized account are banned, which means that interest will be charged on late loans, the so-called penalty.
We will figure out what to do if the bailiffs arrested the bill.
Legality of actions of bailiffs
To begin with, it makes sense to raise the question of whether, in principle, bailiffs can arrest credit accounts opened by citizens. According to Articles 70 and 81 of the Federal Law of the Russian Federation “On Enforcement Proceedings”, bailiffs can collect money from debtors, including seizure of bank accounts, cards, as well as deposits.
Upon arrest, funds from the credit account are transferred to the accounts of the Federal Bailiff Service (FSSP). However, the law does not speak about blocking the entire account, but only about the funds in the account.
The procedure for seizing financial assets is based on a request to the bank, the purpose of which is to obtain information about accounts opened in the name of the debtor. By law, a bank does not have the right to hide confidential information from bailiffs. As a result, regardless of the type of open account, whether it is a deposit or a credit account, they are seized.
It often happens that the bailiffs arrested the account, and it is open to repay the loan.
What could be the reason for the seizure of accounts?
The arrest of a credit account completely deprives the debtor of the opportunity to use the funds lying on it. The reason for collection is the debt on the following points:
- Bank loan.
- Maintenance obligations to children or elderly parents.
- Housing services.
- Fines.
- Customs Contributions.
Debtors of the bailiffs will certainly be found if they have bank accounts.
If there is not enough money on the seized account to pay off the debt, then the bailiffs can arrest the subsequent amounts received on the account. However, it should be borne in mind that insignificant arrears, for example, alimony unpaid for several months, will not be an excuse for seizing. Funds are collected solely on the basis of a court decision.
So, the bailiffs arrested the bill. What to do?
Accounts that may be seized
If the executive case for the collection of loan debt is open, all types of accounts of the debtor may be seized: settlement, credit and salary accounts, deposits, deposits, and even some types of electronic money such as WebMoney.
An open account is an account created on the basis of a service agreement between a bank and an individual located in a licensed bank. One significant circumstance should be taken into account - an arrest is imposed only on financial assets that are on the account, and not on the account as a whole.That is, if the entire amount on the account is arrested, and the debt is repaid only by half this amount, you can safely go to court and complain about the illegality of the actions of the bailiffs.
Bailiffs do not make a separate request for the type of accounts. Thus, such accounts that transfer social and children's benefits, various compensations, etc., can be placed under arrest. According to the law, funds in the above accounts cannot be transferred to bailiffs, so it is also possible to challenge such an arrest in court.
How to challenge the arrest of a loan account?
As mentioned above, a credit account can only be seized on the basis of a judicial enforcement decision that has entered into legal force. To begin to act, it is necessary to study all the materials of the case. The debtor must receive a copy of the writ of execution by mail. In the absence of the latter, debtors of the bailiffs urgently need to contact the FSSP and ask for clarification.
Next, it is necessary to file a complaint against the bailiffs who did not notify the debtor of the start of court proceedings. The statement is made in the form of a lawsuit. In response, the plaintiff receives either clarifications or a notice of termination of the enforcement proceedings. In the latter case, the arrest will be lifted, money will be returned back to the account.
Even if the outcome of the case is successful, the debtor will need to prove the illegality of the seizure of the account through the fault of the bailiffs and obtain a revision by the bank of the loan conditions and cancellation of the interest accrued during the arrest. How exactly is account seized?
The order of blocking the account by bailiffs
And now we’ll deal with the sequence by which accounts are seized and debt collection:
- The client does not pay the loan debt for some time and the lender files a lawsuit.
- The judge is considering the case, a decision is made on the collection and a writ of execution is executed.
- The bailiff is obliged to notify the debtor of the creation of the writ of execution and send letters to banks in order to obtain information about the debtor's accounts.
- After receiving information from banks, the accounts are immediately seized and money is collected, both as a payment of the accumulated debt and as a payment of legal expenses.
- The bank is not obliged to notify the debtor of the seizure of its accounts, since in this case enforcement proceedings are carried out. Moreover, if the debtor himself turns to the bank for information on debiting funds from the account, the bank is obliged to provide the necessary data.
A common question is whether they can arrest an account that receives child benefits. In this case, the answer will be disappointing. Yes they can.
What if the account is seized?
First of all, do not panic and let this issue drift. Lawyers advise to start talking with the bailiffs. It makes sense to ask the bank for a certificate stating that the account is blocked and funds have been debited. With this help you need to contact the FSSP and find out in detail the reason for the blockage and arrest. If you do not agree with the actions of the bailiffs, write a complaint.
If bailiffs arrested the bill, how to pay the loan?
Further, it makes sense to visit the bank. This may not give the desired result, but do not exclude the possibility that the creditor agrees to withdraw the claim subject to the repayment of part of the debt. If the conversation with the bank did not work out, file a counterclaim with the court. For this, a statement of claim is drawn up on the basis of all information on the actions of the bailiffs or the recovery of funds. The most effective way to lift an arrest, which, obviously, is to pay the full amount of debt. In this case, the enforcement proceedings are closed and the lock is automatically removed.
If the bank account was seized by the bailiffs and the case went to court?
The most undesirable and critical way to resolve the issue of account seizure is to go to court. Of course, ideally, this should be done pre-trial, that is, to pay the debt.But if the financial situation does not allow to solve the problem in this way, unfortunately, not only the bank account but also the debtor's property is at risk of being arrested.
But there is nothing terrible in filing a lawsuit. The court is not only a punitive body that passes convictions, but also a means of achieving justice in the event that your actions were lawful and lawful.
What to do next?
If you find incorrectly accrued interest on an arrested loan or consider the actions of bailiffs illegal, feel free to prepare a statement of claim.
The lawsuit must contain the following information:
- Details of the court hearing your case.
- The address of the court.
- Details of the bailiff who made the seizure of the bank account.
- Details of the plaintiff.
- Information on the writ of execution (number and date).
- Information about the decision of the court and directly to the judge, namely the full name of the judge, the date of the decision, the number assigned to the case.
- Information about the bank in which the seized account is opened.
- Number of the seized account.
The application is considered no more than a week. The decision on the case shall be made no later than two months from the filing of the claim. It is possible that the court will refuse to consider the claim and to unblock the account.
It should be remembered that in the vast majority of cases, the court takes the side of the bank, since the latter gave you money, which means that it fulfilled its obligations, while you avoided fulfilling your obligations.
Can bailiffs seize all accounts? Yes they can.
It is another matter if the bailiffs deprived you of the opportunity to manage your account, which is a direct violation of the Federal Law on Enforcement Proceedings. Under such conditions, the claim is justified and must be recognized as lawful in full.
Only a specially authorized state body, namely the Bailiff Service, has the authority to seize cash. No one else has the right to debit funds from your account. The arrest occurs only in the presence of debt to the bank, debts on alimony or fines and a court decision.
Finally
In conclusion, I would like to note that the situation with the arrest of the credit account is, of course, unpleasant. But do not despair or go with the flow. Fight and assert your rights, try to resolve the issue in pre-trial order. But let the prospect of filing a lawsuit not scare you, especially if you are confident in the illegality of the actions of the bailiffs.
So, we talked about what to do if the bailiffs arrested the bill.
