As part of the enforcement proceedings, bailiffs take measures to enforce the collection of debt from the defendant. The first action is the arrest of funds in bank accounts, first of all, the request is sent to the Savings Bank of Russia, for the reason that most citizens of our country have savings here. We will deal with the question of what to do if an account with Sberbank is arrested.
Reasons for arrest
First of all, you need to figure out why the bailiffs seized the money. And the only reason for this is that you have debts. The arrest of accounts means that enforcement proceedings have been initiated against you by a bailiff on the basis of a writ of execution. Even if there was no court, or you were not present at it, the writ of execution can come from both the court and other state bodies, for example, the traffic police or the tax office.
Please note that the writ of execution is not sent to the defendant, which means that he may not know about the initiation of enforcement proceedings against him.
Thus, the bailiff is faced with the task of forcibly recovering funds from the defendant, and the arrest of a bank account is the fastest and easiest way. At the same time, it is not the responsibility of the executor to find out which account he has arrested. This may be wages, contributions, child benefits, pensions and others. But here the law protects the interests of the defendant and limits the actions of bailiffs, more on that later.
Now the reasons for the arrest are debts to state and municipal organizations, banks, individuals, management companies. The most affordable way to recover funds from a debtor is to go to court, and after the judge issues a writ of execution, it must be transferred to the FSSP service, then the process of collecting overdue debts will go as quickly as possible.
If your account is frozen
What to do if the account is arrested by bailiffs? First you need to contact the bank, the operator must give you a sheet that indicates who exactly imposed restrictions on your funds, that is, the name and initials of the bailiff. It also indicates the amount of debt and the number of the executive document.
Then you should call the territorial branch of the FSSP and clarify the hours of reception of citizens. During working hours, you need to come to the bailiff with documents. But this must be done if there is a violation of the legal rights of the defendant in the action of the performer. That is, if your salary, alimony, child benefits, credit account are arrested, or you are not a debtor at all, and money was debited from your account by mistake.
If the funds are debited from the deposit account and you really are a debtor, then there is hardly anything you can do, because the bailiff does his job within the law. Do not worry, as soon as you repay the debt in full, the bailiffs will remove the arrest from the account and will not write off more than the amount of your debt plus the enforcement fee, this is 7%.
You can at any time return the debt voluntarily to the bailiff, in which case the arrest will be removed from the account.
If the arrest is unlawful
It’s rather unpleasant to find out that your Sberbank account was arrested. What if it was done illegally. And the law on enforcement proceedings states that wages cannot be arrested, because for the defendant these are the only means of subsistence. And, to be more precise, the bailiffs cannot collect more than half of the defendant's earnings every month. And in some cases, if the defendant has dependent minor children, then no more than 25-30% is subject to arrest. Just keep in mind that if, for example, there were savings from previous incomes on the salary card, the bailiff can withdraw them completely, but only 50% from the last receipt.
So, if you arrested a salary card at Sberbank, you need evidence that you provide to the bailiff, the executor, no one will believe your word for sure. So, for starters, take a salary certificate from the accounting department at the place of work, it must confirm the fact that the salary is transferred to a personal bank account. Take the certificate to the bailiff to the performer.
What to do if the bank account is frozen
If the bailiffs have seized child benefits or alimony, then you need to act in the same way. First, you take a certificate from the organization that transfers funds to your account and transfer it to the FSSP. The bailiff has no right to refuse to remove your arrest.
Please note that if you transfer the document to the bailiff, it must indicate the purpose of the payment, for example, wages, alimony for the maintenance of a minor child.
Arrest by mistake
Consider what to do if the bailiffs arrested the account by mistake. It also happens, for example, you had a fine for violating traffic rules, but you paid it, and after some time you find out that the bank account was arrested and the bailiffs deducted double the amount of the fine and the enforcement fee from it. In this case, you need to take a receipt for payment and a protocol, then contact the FSSP.
Keep in mind that the bailiffs are required to return the funds, only the terms can be up to 10 days. That is why it is recommended to keep all payment orders for 3 years, this is the limitation period. If you pay for any services through terminals, then you need to take photocopies of the receipt, because after a while they will become unreadable.
Consequences
So, if the account was arrested, and you managed to defend your rights. That is, the arrest was removed from the account, but the enforcement proceedings will not be closed until the defendant pays off his debts. Here the defendant has two options - to pay voluntarily or with his property.
In the first case, the defendant has a little time to search for the amount of the debt and return it to the plaintiff or the bailiff. After all, the debt will have to be extinguished in any case, voluntarily or forcibly. It is wiser to re-borrow money from friends and transfer it to the plaintiff.
But if you do not repay the amount of the debt voluntarily, you will find another way to enforce the collection of debt - the seizure and sale of property. In any case, the bailiff is obliged to collect the debt, therefore, he must appear at the place of residence or location of the defendant's property for the purpose of inventory.
Methods for collecting debts by bailiffs
Here, too, there is a law that protects the rights of the defendant. Food, personal belongings of the defendant, clothing and footwear, necessary furniture, household appliances are not subject to collection. Also, bailiffs do not have the right to describe property, the value of which exceeds your debt.
In this case, you can win time and collect the required amount voluntarily, if, of course, it is small. For example, after the inventory of the property, the defendant is given some time to sell it. In simple words, a bailiff comes to you and in your presence describes valuable property and luxury items, including jewelry, if you do not agree with its estimated value, you have the right to apply to the court or to an independent expert for an objective assessment of property. The law does not specify the terms for the seizure of property, that is, the bailiff can take the property immediately or after a while.
By the way, you can redeem your own things. Property is confiscated for the purpose of sale, that is, sale, and if it is sold, then anyone can buy it, including the defendant himself, this is not prohibited by law.
So, the arrest of accounts in Sberbank by bailiffs is the consequences of non-fulfillment of their debt obligations or the mistake of the contractor himself. In any case, you can challenge the arrest only if the bailiff violated your rights. In all other cases, you will either have to repay the debts voluntarily, or put up with the fact that the bailiff writes off debts from your accounts.