Statistical data
The most common cases of seizure of property in practice are:
non-payment of tax obligations;
debt for alimony;
consideration in court of a civil case, where a change of owner, sale of a car or its division between heirs is possible, as well as criminal cases - where the penalty may be confiscation, etc.
Before answering the question “how to remove a seizure from a car?” it is necessary to find out which authorities can seize this same car.
Not all authorities have this right, so you should pay more attention to the notice of seizure of your car and the body mentioned in it, on whose initiative the seizure was carried out. If the arrest was imposed by an authority that does not have the right to do so, then it is unlawful, and you have the right to file a complaint with higher authorities.
List of authorities with the right to seize a car:
- Federal Bailiff Service (FSSP);
- Customs Service;
- Investigative authorities;
- Social Security Services;
- Tax Inspectorate;
- Traffic police
It is also important that the above authorities (excluding the court) must have a court order to seize a car, otherwise their actions are considered illegal.
Procedure for removing seizure from a car
Before you wonder how to remove a lien from a car, there are a number of steps you need to take to ensure that the seizure was legal and lawful.
- Make sure you have a court order to seize your vehicle. Any authority has the right to seize only if it has a court order to do so.
- The bailiff in charge of your case is required to send you a seizure order, which indicates the reason why the vehicle was seized. It is important that the reason be significant for such a measure as seizure, and that the reason was caused precisely by your actions.
If the debt obligations were repaid a long time ago, you only need to present the bailiff with documents that confirm this.
If any of these points do not comply, you have the right to file an appeal, since the seizure of the car is contrary to the legislation of the Russian Federation.
The maximum period for consideration of an appeal is thirty days. If within thirty days the seizure of the car has not been lifted and no response has been received to your request, you have the right to address this issue to higher authorities.
If the seizure imposed on the car turns out to be lawful, you should turn to the next point: removing the seizure from the car.
An important point is to find out which authority seized the car, because your further actions depend on this. Most importantly, only the authority that imposed it has the right to lift the arrest. You can find out the necessary information through special Internet resources (official websites of the traffic police or FSSP).
1. How to remove a court-imposed seizure from a car.
If the seizure was imposed by the court by considering the creditor’s claim, you also have the right to submit a claim to the court to remove the seizure from the car. It is important that the claim is correctly and competently drawn up, otherwise the judge will not even consider it.
A sample statement of claim for the court is presented below.
Be sure to indicate in your claim:
- The name of the court and the full initials of the judge who seized the car;
- Your full initials;
- Registration data: your place of registration, place of actual residence, zip code, contact telephone number;
- The number of the case during which the car was seized (you can find it out in the court office);
- Title of the submitted document: “Application for cancellation of security for a claim”;
- The number of the case for which the arrest was imposed (indicating the date and initials of the judge), the measures taken (arrest), the decision made by the judge (satisfaction of the claim).
- Description of changed circumstances (most often – repayment of debts);
- Please remove the arrest from the car (you need to refer to Article 144 of the Code of Civil Procedure of the Russian Federation);
- Date of application;
- Your personal signature.
2. How to remove a seizure imposed by bailiffs from a car.
If your car was seized by bailiffs, you need to contact the Federal Bailiff Service (FSSP) and get acquainted with the bailiff conducting your enforcement proceedings (IP). The bailiff will explain the reasons why your car was seized, answer your questions and tell you what to do to remove the seizure from your car.
3. How to remove the arrest from the car in the traffic police.
The traffic police most often seizes a car if the license plates, body and engine numbers are damaged. That is why removing the arrest from the car in the traffic police is the easiest way. It is necessary for the traffic police inspector to inspect the car and make sure that all its license plates are intact and authentic.
Where and how to apply to remove the seizure from a car
If debt obligations (unpaid fines, alimony, taxes, loan debts, etc.) have already been paid by you, but the car was still seized, you must contact the authority that seized the seizure and submit an application to remove the seizure from the car (sample you can find below), providing evidence that the debts have been paid.
Since documents are often sent to the traffic police late, you can take copies of documents on payment of debt and removal of seizure from the car in person, so that no unpleasant situations arise in the future.
What documents are needed to submit an application to remove the seizure from a car?
In order to remove the arrest from a car (at the traffic police, court, FSSP or other authority), a minimum package of documents is required:
- Evidence that the seized vehicle belongs to you (sale and purchase agreement);
- A copy of the order to seize the car;
- Technical passport of the car;
- Vehicle registration certificate;
- Application for lifting the seizure of a car (sample presented above);
- Documentary evidence of debt repayment. In the absence of documentary evidence, a receipt from the creditor is required stating that he withdraws the claim and has no claims against you.
When submitting documents in person, you must have second copies of all statements and claims you submit. On the second copy, the employee will put a mark indicating acceptance of the application. If the first copy is lost, then using the number and data indicated on the second copy, it can be easily found or restored.
The video discusses the features of removing a seizure from a car.
Deadline for removing the seizure from a car
The timing cannot be determined precisely. The duration of the consideration of the case depends on the circumstances of the arrest and the package of documents provided. Typically, the consideration of an application to remove the seizure from a car takes at least thirty days.
There are two ways to check whether the arrest has been lifted from your car: on the official websites of the State Traffic Safety Inspectorate and the Federal Bailiff Service, by entering the necessary information about your car, or at the reception office of these authorities.
If you have questions regarding the removal of arrest from a car, leave them in the comments