In our country, one of the options by which forced payment is made by a court decision is the seizure of property.
To use this method, you must have active proceedings in court.
This process is carried out by a specially created state structure - the FSPP.
If the debt has not been repaid within the prescribed time, the bailiffs organize an auction for the sale of the seized property.
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Enforcement proceedings, stages of seizure of property
As mentioned earlier, the possibility of arrest is an individual entrepreneur, if there is a special one:
- Court order
- IP sheet
- Resolution of the Federal Tax Service, etc.
Each of them contains a condition on the need to pay the funds, but these requirements were not met. The debtor is sent by mail against signature of the individual entrepreneur, in which he is notified of the possibility of seizure of his property.
From the moment the debtor receives such notice, the period during which the debtor is obliged to pay the entire amount of the debt voluntarily begins to count. If the debt has not been repaid within the prescribed period, the bailiffs seize his property.
The arrest procedure itself occurs in several stages:
- Drawing up an inventory and direct arrest, about which a specific document is drawn up.
- Carrying out the procedure for assessing property that has been seized.
- Transfer of AI for implementation.
- Carrying out the implementation process.
If during the process of sale the property was not sold for some reason, the bailiff offers the object - the collector - to take away the property in order to pay off the debt. If refused, it is returned to the debtor.
There is an accepted list of things that are prohibited from being seized:
- An apartment, which is one place for the subject (his family) to live.
- Everyday items without which existence is impossible.
- Items for personal use.
- Objects with which the debtor can perform his work.
- Prizes or awards from the state.
- Food products.
- Livestock that was not intended for sale.
In order for bailiffs to have the right to carry out inventories and seizures, they must have a corresponding resolution, a copy of which is given to the debtor. When carrying out this procedure, an inventory and seizure act is simultaneously drawn up in two copies. The act indicates the following information:
- Date of.
- IP number, which is the basis for this procedure.
- All persons present and their details are listed.
- A list and detailed description of each item that is seized.
- The approximate cost of each item (according to the bailiff).
- Information about the conditions and place in which the AI will be stored.
When an arrest is made, an assessment of all property is required. As a rule, it is determined by the bailiff himself and is underestimated by approximately 255 of its market value.
In addition, when determining the value of each item, its condition is taken into account: appearance, presence of defects, etc. The final price of the seized property is announced to the debtor.
If he does not agree with this price, the bailiff will have to engage a specialist appraiser to conduct a secondary assessment. If the seizure is imposed on objects, securities, antique items, jewelry, as well as expensive items (their price is more than 30 thousand rubles), the presence of an appraiser is mandatory.
From all of the above, we can conclude that IP is an extraordinary procedure, for the implementation of which it is necessary to comply with many rules and regulations.
Sale of a vehicle that has been seized
The property that is subject to seizure may include a car, but provided that the debtor does not use it to perform his work.
If a car has been seized, its owner has no right to dispose of it in any way (in exceptional cases, the debtor may also be prohibited from using it). What kind of prohibition measures are used during arrest is determined in each case separately.
During the arrest process, bailiffs draw up a report. Attesting witnesses must be invited. In addition, the person who will keep the funds is also required. The creditor and borrowers, the registration authority, receive copies of the document drawn up during the seizure.
In order to organize and conduct an auction for the sale of seized property - a car, you must have special permitting documentation indicating that the person has the rights to engage in this activity.
At the auction, the initial cost of the vehicle is set, which cannot be lower than in the appraisal report.
If the car is not purchased by anyone within a certain period of time, it is put up for re-auction, etc.
Moreover, each time the cost of a lot is reduced by 5% of its residual value.
Situations often arise when banking organizations put up for sale cars for which the loan has not been repaid. As a rule, these cars are in excellent condition, but their value, as determined by banks, is not lower than the market value.
Therefore, experts do not recommend purchasing a car at such an auction - it is not profitable for the buyer.
Existing legislation establishes a certain procedure for holding an auction, in which a seized vehicle serves as a lot.
In order for the bailiff to transfer the car for sale at auction, he must submit the following documents:
- Notification of vehicle seizure
- Documentation that confirms the debtor's ownership of the car
- Registration certificate
- Acceptance/transfer certificate
The auction organizer posts detailed information about the car that is being offered for sale. may be put up for auction for no more than 60 days. Each round of the auction is recorded in a protocol.
In order to obtain permission to participate in the auction, you must follow the following instructions:
- Submit a written application to the auction organizer.
- Contribute a certain amount as an entry fee. When purchasing a car, the BB goes into the total cost of the vehicle. Otherwise, the deposited amount is returned to the auction participant.
- When purchasing a vehicle, a purchase/sale agreement is drawn up, but not earlier than 10 days from the date of its sale. During this period, the new owner of the car is obliged to pay its full cost. The basis for the new owner to formalize his ownership rights to the lot he purchased is sufficient to provide a purchase/sale agreement drawn up after the auction.
- If one buyer paid a deposit for a car put up at auction, and a completely different buyer purchased it, the funds paid as a deposit are returned in full.
You can find out what to do with the car from the video:
Features of bidding
In order for the sale of seized property to take place according to the rules, it is necessary to follow a certain sequence of all actions and operations:
- The bailiffs send a notification to the Federal Property Management Agency about the need to organize an auction. Employees of the organization draw up an order for bidding.
- After this, the employees of this organization have 5 days to make a decision according to which certain people, organizations or agencies are involved in the process of organizing and carrying out the seized property. It is also not excluded that a given organization conducts an auction on its own, without involving third parties and entities.
- The auction organizer periodically submits an announcement to the media for 30 days that an auction for the sale of AI will be held at a certain place and time. At the same time, a list of property offered as lots at auction is given with a short description of it.
- The region in which the seized property is registered is selected as the location for the auction.
- Anyone wishing to take part in the auction is required to make a deposit, the amount of which is not less than 5% of the total cost of the AI put up for sale.
- After the successful completion of the auction, the portion of the proceeds that is necessary to fully repay the debt to the claimant is drawn from the proceeds.
There are often cases when preference is given to conducting auctions in electronic form. A notice of an auction in this form may be submitted by the customer no later than 20 days before the deadline for submitting applications for participation in the auction.
If the amount of seized property is more than 3 million rubles, the deadline for filing a notice may be changed to 7 days.
Everyone who applied to participate in the auction has the opportunity to submit a request about the specifics of the auction. Upon receipt of an application, the operator processes it within 48 hours and posts full information about the auction on the official government procurement website.
The deadline for accepting such applications is 5 days before the deadline for submitting applications for participation in the auction.
This type of auction is held 2 days after all applications submitted to participate in the sale have been considered. A prerequisite is that the auction is not held on a weekend.
The essence of an electronic auction is that the initial cost of lots is gradually reduced.
The increment of each new offer for the cost of a lot can vary between 0.5 - 5% of its initial price.
If we talk about the time frame for submitting a new offer on the value of the property put up for sale, it should not be more than 10 minutes.
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