There are many circumstances in which bailiffs have the right to seize a bank customer’s account. Similar restrictive sanctions are imposed on both individuals and legal entities. But how to deal with this situation? The most effective way to regain the ability to manage your funds is to pay off debts along with paying alimony or other actions that have been associated with the restriction. In order to rectify the situation, it is necessary to write a statement to remove the arrest from the account. But more on that later.
What is account seizure and restrictive measures?
But, in order. The seizure of an account is a measure of influence on a bank client who has outstanding debt to the state, any organizations or alimony obligations, as well as other reasons. Similar measures are applied to a person according to the decision of the judiciary in accordance with the decision.
In the case of restrictions, if the current account has undergone arrest sanctions, this means that the person is forbidden to carry out any operations using funds that have been blocked. The amount in this case is clearly prescribed in the relevant court decision. In the event that there is more money in the account than specified in the decision, then the remaining funds that are not subject to arrest, the account holder can manage according to his wishes and needs.
Thus, it turns out that the account itself is not subject to arrest, but the funds that are on it. In this case, the person does not have the right to close the account during the period of the arrest until the moment of its withdrawal. In addition, the account cannot be closed until claims are secured or until the full repayment of existing debt.
The only case in which an arrested bank account can be closed is the absence of any funds on it, as well as the movement of money for a long period of time.
To remove the restrictions write a statement to the bailiff to remove the arrest.
Subject of Arrest and Reasons for Arrest
The following persons have the right to arrest a bank account:
- Court of Arbitration.
- Judges.
- Tax authority.
- Bailiffs.
In the event that an arrest is imposed by bailiffs or a court of general jurisdiction, the owner does not have the right to spend funds in the amount of the amount necessary to secure the claim or to pay off the debt. If, at the time of execution of the decision, the funds are not enough, then the amount will be accumulated until it reaches the amount of debt repayment established by the service. In this case, the start of the sanctions count is the day when the bank receives the documents and puts a resolution on execution on them.
Most often, a tax authority imposes an arrest on bank accounts, which is possible if the following conditions are met:
- The taxpayer did not provide reporting within the statutory deadline.
- Lack of payment of tax deductions to the state budget.
- Conducting a tax audit at an enterprise or organization.
If the arrest is not related to the cases listed above, then it could have been made for the following reasons:
- The mistake of the tax authorities.
- Attempts by the tax authority to raise fees in order to provide reporting to senior management.
Bailiffs seize bank accounts in situations where there is a legal decision of a judge, according to a statement to the court for the implementation of this measure in order to secure claims. Unlike tax authorities, bailiffs have the right to pay money to pay off debts. The tax authorities, in turn, only seize them until the debtor removes the cause of the sanctions and writes a statement about the lifting of the arrest.
Procedure for bailiffs to make an arrest imposed by a court
For example, the judge made a decision on the considered case and, in it, there is a need to satisfy the requirements of the plaintiff with the recovery of debt from the defendant. After some time, the bailiff receives a writ of execution or an order according to which he is obliged to bring the judge's legal decision into force and collect the arrears from the defendant. But how can this be done?
First, the bailiff offers repayment of the debt to the violator on his own, and, in the event that he receives a refusal, he will have to take measures to recover the money. The bailiff sends requests to various instances and to banks in order to find out the financial situation of the defendant, as well as to establish the possibility of execution of the court decision.
If the answer comes from the banking structure that the debtor has bank accounts, then you can proceed further. The Bank must indicate all the details and the amount of the balance on each account.
After that, the bailiff has the right to carry out the procedure of seizing a bank account. After the financial institution locks the account, the client will no longer be able to use the funds in full. True, he learns about this only when he receives a refusal to perform an operation on the account. The fact is that neither the bailiffs nor the bank are obliged to notify unscrupulous customers and debtors of the arrests.
What accounts can be arrested?
The following accounts are usually subject to arrest:
- Current accounts of debtors.
- Bank products tied to a particular payment card or account.
- Deposit accounts.
The bailiff has the right to restrict the use of all accounts, regardless of their intended purpose, whether it is payroll or a funded system along with social assistance and cash settlement operations and so on.
How can I remove the arrest that was imposed by the bailiffs?
The next question. Bailiffs arrested the bill, what to do? How to proceed?
In the event that a person decides to take up the process of removing an arrest from his bank account, you need to know that this is a rather complicated and lengthy procedure that requires a lot of effort, patience and time. First of all, you need to remember that you need to write a statement on the removal of the arrest
Amortization
Repayment of debts is the best way to remove the lock, as well as arrest from a personal account. In the event that the debtor does not do this on his own, the bailiff himself decides whether to write off the required amount of money from the account. Further, there are probably two development options:
- In the event that there is enough money to enforce the court decision, immediately after the required amount is withdrawn, the arrest will also be canceled, and the account will be unblocked.
- When the available funds are insufficient, the amount to be arrested is withdrawn in full, and from subsequent receipts they hold fifty percent of the credits until the debt is paid.
In the second situation, how quickly the bailiffs lift the arrest depends only on what obligations the debtor has. And how actively he tries to repay them.
What should be done in case of seizure of an account: order of circulation
In situations where bailiffs seize bank accounts, the debtor has two ways to solve the problem, which depend on the reasons for the blocking:
- In the event that the arrest was lawful, it remains only to pay off the debt. But, until this is done, the arrest will be considered lawful.
- If the sanctions turned out to be unlawful or were made by mistake, you must go to court in order to obtain unlocking access.
In the first situation, everything is quite clear, but, in the second case, before applying to the court, you need to have patience and the necessary documents, witnesses, acts, receipts, checks and so on.
It is well known that bailiffs got the right to seize bank accounts back in 2010, and since then this practice has been actively used to pay off debt obligations. As soon as a person finds out that his account has been arrested by the bailiffs, he should learn as much information as possible about what happened, and how to remove the arrest, how to write to the right authority in writing, and for this you need a sample application for lifting an arrest. To do this, you should go to an appointment with a public servant who applied this measure in the framework of securing claims. To find out any contact details of the person who imposed arrest restrictions, you can in the financial institution in which the account is serviced. Such information is not considered confidential.
When a person arrives at the reception, the judicial officer must familiarize him with the documentation, within the framework of which a decision was made on the arrest. Given the fact that the bailiffs do not know what accounts they impose restrictions on, it is simply useless to hope that they deprive a person of his only means of livelihood. And by and large, they do not care. The main goal in such situations is to repay the debt along with the enforcement of the judgment. This is the work of the bailiffs, and they do it according to the law.
How long does it take to remove an arrest from a salary account?
In the event that the funds on the blocked account are really the only income in the form of wages, then even the bailiffs do not have the right to withdraw them in full, but only in the amount of fifty percent. But, as noted above, they do not have information regarding the purpose of the account. In order to resolve this situation, you must do the following:
- Take a certificate from a financial institution about the purpose of the seized account, and, in addition, a statement that will reflect the purpose of the payment, for example, transfer of wages.
- Get a certificate from your employer with information about which account transfer earnings, as well as how much.
- Write a complaint to the senior bailiff and a statement on the removal of the arrest, to which the above documents must be attached. It is also necessary to demand the cancellation of the arrest for the withdrawn part of the money, and, if necessary, for fifty percent of those who will undergo further arrest. The same functionality is performed when removing an arrest from a car.
What to do after the debt is repaid?
In the event that a person no longer has any debt obligations, it is possible to slightly speed up the process of lifting sanctions from a bank account. To do this, you will have to get the original decision to terminate the arrest at the bailiff and take several copies from him. Next, you will need to go to the head office of a banking institution and find an employee who works with the seized accounts. This specialist is required to provide the original decision of the bailiff.
It is necessary to pay attention to the name of the received document. In the event that its name sounds like “removal of an arrest from funds”, then everything is in order.In other situations, an employee of a banking institution may refuse and send for the necessary paper. This document, as a rule, is sent by mail to the bailiff himself.
How quickly the arrest is removed from the bank account depends on the financial institution and on the correctness of writing the application for lifting the arrest. As a rule, a bank goes towards customers, and if everything is properly executed, sanctions are removed from the account in the coming days or hours after the appeal.