Realization of the arrested property by bailiffs. What property can arrest

The seizure of property is the final stage of the enforcement proceedings of the Federal Bailiff Service . This is a measure for the execution of a court decision. After the arrest, the seized property is sold by bailiffs. This is discussed in more detail below.

Legal framework

The realization of the arrested property by bailiffs is based on the following regulatory legal acts:

• Art. 446 ГПК the Russian Federation - in it the list of objects which do not fall under confiscation of property of bailiffs contains;

• Art. 80 of Federal Law No. 229 "On Enforcement Proceedings" - contains rules for the imposition of arrest;

• ФЗ № 118 of 22.07.2009 - contains the order of work and duties of bailiffs.

In addition to the above regulatory and legal acts, since 2012, bailiffs have the right to arrest bank accounts in order to execute court decisions. However, it should be borne in mind that there are a number of limitations:

• It is forbidden to withhold more than 50% of the amount from bank cards;

• Some accounts are immune to bailiffs: nursing allowances, certain types of pensions, etc.

Our citizens are already accustomed to surprises from the bailiffs, when they receive messages about the writing off of money instead of salary reports. Litigation, decisions on enforcement proceedings - everything happens in secret, without due notice. As a result, citizens remain without money, when they do not suspect anything. This applies to unexpected visits, after which things go to the confiscation of bailiffs.

What can not be confiscated

Many are wondering about what property can be arrested. We will reply as follows: they can remove those things that do not fall under the ban. According to the law, the sale of arrested property by bailiffs is prohibited, if it is:

• The only housing of the debtor, his family members, the exception is real estate acquired by citizens for mortgage lending;
• Land plots on which the only housing is located, the exception is also mortgage lending;
• Personal items (clothes, shoes, etc.), exceptions are jewelry and luxury goods (mink fur coats, hats, etc.);
• Items that are necessary for professional activities, for example, a computer for a programmer;
• Animals from the personal part-time farm, as well as the buildings and premises in which they are kept;
• Seeds for sowing;

• Fuel that goes to heating the family and cooking (wood, coal, gas cylinders, etc.);
• Means, including transport, that are necessary for disabled people;
• Memorable signs, awards;
• Property that does not belong to the debtor in a joint apartment;
• Cash, which is less than the subsistence minimum for each family member in charge.

As you can see, the list is quite impressive. However, it lends itself to legal logic: the law should have the principle of expediency.

You can not take things from the debtor, if this seriously worsens his situation. Bailiffs are mainly interested in bank accounts, second real estate, cars, jewelry. Some women, whose former husbands do not pay debts for alimony for years, are ready to tighten the law. Proposals are being made to deprive the debtors of their liberty, and to describe all his property in the confiscation of court bailiffs.

Property Valuation

After the seizure of property, the debtor has 30 days to pay off the debt. The realization of the arrested property by bailiffs begins with an assessment. In some cases, the bailiff himself assesses the property "by sight". These are household appliances, housewares, etc. However, the law provides for cases of mandatory involvement of a professional appraiser:

• Arrested property of banks;
• the property;

• securities;
• Precious metals;
• Collectible products, art objects;
• Things worth more than 30 thousand rubles.

In addition, if the bailiff estimated, for example, a plasma TV set in 1,000 rubles, then the debtor has the right to disagree with this. In this case, you must call the evaluator. The result of his work unpleasantly surprises the borrowers: the property, even expensive, is estimated much lower than the market price. The goal is to get money quickly.

Citizens know this and often resort to the services of various commission stores. It must be borne in mind that it is pointless to write to the higher authorities on the result of the assessment, you need to apply to the court.

Appealing Evaluation

The appraisal of the professional appraiser can be appealed through the court within 10 days from the receipt of the notice of evaluation. It is important to bear in mind that it is necessary to appeal the decision of the bailiff, and not the result of the evaluation, since the latter is of a recommendatory nature, whereas the bailiff's decision has the status of a normative act.

Arrested property for sale

Confiscated property in excess of 500 thousand rubles occurs through specialized auctions. This process is protected by the state, has many censures in terms of honesty and openness.

At the first stage, information about the auction is announced, which property will be put up for sale 30 days before the auction. This is the Federal Property Management Agency. Persons wishing to take part in them must pay a deposit of 5% of the value to confirm their solvency.

However, the manipulation of auctions during auctions by the participation of front men has become more frequent in order to increase the price of the lot. Authorities often raise the bar to 50%. This causes discontent, they say, artificially restrict access. But do not forget that after the auction you need to pay the full value of the property, so this measure does not seem to the authorities Draconian.

The arrested property is sold through auctions.

In order to maintain order, local authorities themselves designate a circle of people.

If the auction does not take place, the bailiffs send a letter to the creditor. After that, he must apply to the court in order to reduce the original amount by 15%. Then everything happens anew to the full realization.

The winning participant must finally pay for the acquisition within 5 days.

Arrested property: bidding. How to participate

Participate in the acquisition of seizure bailiffs can be both physical and legal entities. For this you need the following documents:

• application;
• Copies of the receipt for payment of the deposit;
• Copies of identity documents;
• Notarized consent of the spouse for the acquisition of property;
• A sealed envelope with the original offer;
• Notarized copies of constituent documents for legal entities.

Results

So, confiscation takes place by bailiffs (FSSP). The arrested property is further divided into two categories. In the first get cheap stuff. They are sold through auctions. Expensive things, real estate, machinery are sold through special bidding.