The arrest of property of citizens is one of the most demanded measures of influence by judicial and customs authorities on unscrupulous people in our country.
It is used in the overwhelming majority of cases in order to compensate for the resulting debt obligations or to further satisfy the claims of creditors and cover legal costs.
Not only real estate, but also other property can be subject to arrest. For example, furniture, dishes, antiques, valuables and jewelry, as well as a car.
The imposition of arrest sanctions today can be carried out in two ways:
- actual (property is withdrawn from possession and use);
- registration (the property remains in the use of the owner, but any registration actions with it, except for use, will be illegal).
Vehicle Restrictions
It is not uncommon when, when purchasing a car, it becomes known that its registration with the traffic police is impossible, since the car is under arrest. As a rule, by this time the seller is already quietly hiding with your money or says that he has spent everything, and it is no longer possible to return the original state. In this case, it is worth figuring out: when and for what the car is seized and how to get rid of it by legal means and with minimal losses.
In what cases does this happen?
If you look into the special part of the criminal, administrative, civil or some other codes and legislative acts of the Russian Federation, you can see quite a few articles that provide for the possibility of seizing a car.
For example, federal law No. 156, which provides for customs regulation, states that a car can become the subject of arrest sanctions if it imports products prohibited by law into the country, violates the rules for importing goods, and also refuses to pay mandatory customs duties and fees. Federal Law No. 80, which regulates the issues of enforcement proceedings, suggests the possibility of seizing the debtor's property, and Article 115 of the Criminal Procedure Code of the Russian Federation indicates that the seizure can be imposed on property in a criminal case until a decision is made on a civil lawsuit that has been submitted for consideration.
Tax structures also have the possibility of applying arrest sanctions (Article 77 of the Tax Code of the Russian Federation) for non-payment of taxes up to full repayment of the debt.
There are also many articles of administrative proceedings, according to which your car may also be subject to arrest.
Who can seize a car?
Bailiffs, as well as judicial and customs authorities of the Russian Federation, can arrest a vehicle.
So, for example, the Federal Bailiff Service (hereinafter referred to as the FSSP) can do this if the car owner has an outstanding debt on administrative fines of the traffic police, debt obligations to the creditor, alimony or rent for accommodation, the court - in the case when the car is the subject of a dispute in his case and there is a real concern that the owner will want to get rid of it before the case is completed.
Customs can use its right to seize in the event that the vehicle illegally crosses the borders of the state, is cleared through customs in violation of applicable rules, or it transported goods prohibited from being transported to or from the Russian Federation.
In addition, there is another possibility of imposing a temporary arrest. This type of restriction is provided only to prevent the removal of the car from the transport register.
The traffic police search department can apply the arrest in the event that there has been damage to the VIN number on the body (scuffs, traces of a possible correction, etc.), the engine or in another place where it is contained.
As soon as the traffic police officer noticed the damage, he must seize until a decision is made regarding the future fate of the car. To do this, a special check is carried out, the result of which should be a verdict on the correctness of the number or its forced change. In the first case, the arrest is removed from the car, and in the second, the issue of bringing the perpetrators to justice and establishing the real owner and the wine number is decided.
Possible consequences
If a car is seized, this does not mean at all that it will be taken away from you by a tow truck and taken to a car impound, where it will remain until a decision is made on the controversial case.
Several scenarios are possible:
- the car is really sealed and placed in a penalty parking lot;
- the car is subject to entry into the inventory, a thorough inspection, and then transferred to the storage of the owner, who can continue to use it in the same mode;
- the car is transferred for storage to third parties who are not interested in the outcome of the case.
Which option is chosen by one or another service depends on the specific situation in which your vehicle was located, the severity of the act you committed, as well as the personal beliefs of the arresting official regarding you and your good faith (whether you have an intention to get rid of the seized property etc.).
Is it possible to drive a car that has been arrested? If the arrest does not provide for a direct ban or withdrawal from circulation of the vehicle, then yes, its use is allowed without any restrictions.
Buying / selling an arrested car: what to do?
If you decide to purchase a car, then before transferring money for it to the owner, you should find out the entire possible history of this vehicle and you should start by acquiring information regarding the presence or absence of arrest warrants.
Information sources
In order to find out information regarding the car you are interested in, you should contact the appropriate department of the traffic police or the FSSP.
The appeal can be made in paper and electronic form.
In addition, there is a great opportunity to find out everything online, without even getting up from your favorite chair at home - on the official websites of these services there is an online service for checking the database of arrest vehicles.
Check in the traffic police
You can break the car for arrest on the official portal of the traffic police gibdd.ru. The traffic police online services are located on the right side of the main page. It is necessary to click on the blue rectangle "car check". After that, an automatic transition to the verification page will take place.
In the appropriate field, enter the VIN number of the vehicle (body or chassis number), then look at the verification code and insert it in the column opposite. Once you have done this - click the green rectangle below the text - "".
If you have entered all the data correctly, then an automatic transition to the next page will occur, where information will be indicated on whether or not there are restrictions on a particular vehicle.
If it is indicated that information regarding this vehicle is not listed in the database, then you have nothing to fear - in terms of arrest legislation, everything is clean with it.
An important point is the fact that in this way it is impossible to check the car for being wanted or on bail.
FSSP
To check through the Internet resource of this organization, you should also go to their official portal fssprus.ru. Next, in the middle of the home page, you will see an orange rectangle with the text “Learn about debts. Data Bank of Enforcement Proceedings”.
Next, select the section Individual or legal entity, enter the necessary data and wait for the result. If the car of a particular person or company is seized by the FSSP, then information about this will be displayed to you.
Offline check
If you failed to pass the verification through online services, you do not know how to use a computer, or even want to know more detailed information, you can submit a written request to the above organizations.
In the case when you personally come to the bailiff with oral questions, you can get only superficial information or even leave with nothing.
The best solution is a written appeal, which cannot be ignored in any way and must receive a response within the time period established by law. When sending an official request to the traffic police or the FSSP, indicate everything you know about a particular car: owner details, VIN code, license plate, brand, etc. Also be sure to include the reason why you want to know the information and your contact details.
Evaluation of documents for a car
When purchasing transport from hand, it is not enough to pass a check for arrest restrictions. It is important to pay attention to the availability of a complete documentation package.
These are the following papers:
- vehicle registration certificate;
- power of attorney if the seller is not the owner.
If at least one document is missing, then your purchase is extremely risky. But, even if there are documents, it is important to verify their authenticity and originality.
It will not be superfluous to take a look at the seller's documents before transferring money, so that in the future you can know who to make claims against.
Removal of arrest and restrictions
Removing arrest warrants from a car is the most interesting and rather difficult issue. The simplest solution would be to pay off all debt obligations (if we are talking about them). Of course, this is not a suitable option for those who have just bought a vehicle, not knowing that it has some limitations.
The first step is to know that only the structure that imposed it can. Also, regardless of the body that arrested the transport, all restrictions can be lifted by the court in the prescribed manner.
If you decide to remove the arrest from the vehicle, then strictly follow the algorithm of actions:
- establish who imposed the arrest and the reason for such a decision;
- if the reason is debts, then you should pay them off and then demand the removal of restrictions, but if the matter is different, then, being sure of the illegality of the actions of the relevant authorities, you can file an application with the court.
If you have become a victim and do not intend to pay off his debts, then the only right decision will be to file a claim with the court so that the sales contract is declared invalid. In the vast majority of cases, the law is on your side (Article 460 of the Civil Code of the Russian Federation), since the seller is not entitled to sell the goods to another person if he knows that third parties have rights to it. Of course, it is not always possible to find the person who sold the arrested car to you, or to get money out of it, but it is still worth trying.
In rare cases, but it still happens when the arrest of your car is the result of a mistake by a police officer, customs officer or court. Solving this issue will not be difficult. It is enough to go to court, where a decision on your issue will be made fairly quickly.
Be attentive to the transactions you conclude, and if you have already decided to purchase a vehicle from your hands, then devote maximum of your time and effort to this and check the car and the seller in every possible way before entering into an agreement. Your safety is only in your hands!