At a minimum, the seizure of property means a ban on the right to dispose. While it is in effect, a citizen will not be able to sell, donate or in any other way transfer his property into the possession of third parties. In practice, having learned about the existence of a restriction and, realizing that he may soon lose his property altogether, the owner of the property tries to sell it in order to gain at least some money. Therefore, you need to know how to check the seizure of property to the buyer, since it is he who is the most vulnerable party. To do this, you need to contact government agencies in person or look at the information of interest online, on the website of some services.
The legislative framework
The possibility of arrest is indicated in several regulatory legal acts of the Russian Federation at once. Among them, the most interesting is the Federal Law “On Enforcement Proceedings” (on the basis of the Federal Law, the FSSP operates). Article 80 of the said Federal Law is devoted to the arrest and recovery of property:
- Paragraph 1 of Art. 80 states that the bailiff has the right to seize only within the framework of enforcement proceedings. It is possible to seize property at any time after the initiation of this proceeding, including during the time allotted to the debtor for the voluntary repayment of obligations. The restriction cannot be imposed if the total amount of the debt in the proceeding does not exceed 3,000 rubles. With the exception of cases when it is necessary to seize the property that is the subject of pledge.
The property of the debtor may be seized
- According to paragraph 3, the restriction is imposed:
- to ensure the safety of property, immovable or movable;
- to confiscate certain property;
- for the purpose of enforcing a judgment.
- Paragraph 4 indicated that, by default, the seizure includes a ban on the right of the owner to dispose of the property (it can neither be sold nor donated). If necessary, the bailiffs may additionally impose a restriction on the right to use (for example, a ban on driving a car). In some cases, the seizure of property may mean its confiscation (when it is necessary to pay off the debtor's property obligations).
- Paragraph 5 determined that the arrest is necessarily accompanied by the drawing up of an act. The procedure itself must be carried out in the presence of witnesses.
Who makes the arrest
According to the current legislation, the seizure of the property of an individual or an enterprise can be imposed:
- By court decision as part of securing a claim (defined by Article 140 of the Civil Code of the Russian Federation). The plaintiff in this case can be a recoverer (a person to whom the debtor owes a certain amount of funds), bodies of inquiry or bodies of preliminary investigation. The last two structures must first conduct an investigation, on the basis of which they can decide on the need to seize property.
- UFSSP bodies within the framework of enforcement proceedings initiated against an individual or legal entity.
- The Federal Tax Service in order to collect funds for paying taxes to the state budget (defined by Article 77 of the Tax Code of the Russian Federation).
The Federal Tax Service can seize the property of debtors
How to check for a lien on real estate
A deal to buy a home that is subject to a restriction will be declared null and void. In practice, the seller hides immediately after receiving the money for the apartment and it is very difficult for the buyer to return the money he spent. So, the property must be checked before buying.
How to find out if an apartment has been seized by bailiffs
On the official website of the FSSP there is a special section "Data Bank of Enforcement Proceedings". With the help of the full name of the owner of real estate and the date of his birth, you can find out whether a case has been initiated against him for the recovery of funds and whether the apartment has been arrested.
How to find out about the arrest via the Internet on the website of the district court
Another way to check online is to look at the information of interest on the official website of the local district court. In this case, it is necessary to find out whether a claim against the owner of the apartment has been registered. If there is no information about this, then the apartment is almost 100% “clean”. Checking the site is free.
How to find out if there is an arrest on property by last name through Rosreestr
When selling a home, the owner is advised to take a certificate in advance from the Unified State Register of Rights to Real Estate. This certificate displays all the basic information about the apartment, including information about the presence of restrictions. You can get it on your passport at any of the offices of Rosreestr.
The USRR website makes it possible to check whether there is a seizure of property
Also, such an opportunity is implemented on the website of the Unified State Register of Rights. Here, anyone can find out information on the property of interest to him. If a passport of the owner of the property is required for personal contact, then in this case only the cadastral number of the apartment or its exact address is required. The statement will contain the following information:
- Name of the owner.
- Cadastral number of the apartment.
- Her actual address.
- The size of the living area.
- Data on the presence (absence) of arrest.
As of 2018, checking real estate information through Rosreestr is the most reliable and accurate.
How to check for a lien on movable property
As in the case of an apartment, a transaction to acquire a car subject to a restriction will be declared void. When the fact of using the arrested car is revealed, the car can be detained and seized from the new owner. Of course, the former owner is obliged to return the money, but, as in the previous case, he can easily hide.
How to find out if movable property has been arrested by bailiffs
You must go to the FSSP website, where there are data on all available enforcement proceedings. If the owner of the car has a debt that is collected through the Federal Bailiff Service, the car is almost certainly under arrest. Except in cases where the amount of the debtor's obligations is minimal. Thus, according to Article 80 of the Federal Law “On Enforcement Proceedings”, a bailiff is not entitled to seize the property of a defaulter if the total amount of the debt does not exceed 3,000 rubles.
Information about the arrest of a car can be found on the website of the traffic police
How to find out about the seizure of property via the Internet on the website of the district court
You need to find the official website of the local district court and find out if a lawsuit against the owner of the car has been registered. In this case, the problem is complicated by the fact that the owner could change his place of residence several times. So, in fact, a case against him could be opened in a court in another region.
How to find out about the arrest of a car through the traffic police
In the case of vehicles, this is the most reliable way. The buyer needs to look at the VIN number of the car, go to the official website of the traffic police of Russia, enter the code in the provided field and get the result. In addition to the presence of restrictions, through the database of the State traffic inspectorate, you can find out if the car is wanted because of theft. The traffic police database is regularly updated, and contains only up-to-date information. This means that it is most correct to check for restrictions on vehicles in this way.
What to do if the property is seized
From a legal point of view, it is impossible to sell already seized property. Therefore, when this fact is revealed, the buyer must abandon the idea of purchasing the goods until all restrictions are removed from it. If the transaction has already taken place, it is necessary to find the seller in order to cancel it and return the funds spent. When he refuses to do this, the issue must be resolved through the courts. And if the arrest is really already imposed, the court will definitely be on the side of the plaintiff.
How to remove an arrest
Only the body that imposed it has the right to remove the restriction. In practice, this can only happen after the cause of the arrest has been eliminated. For example, the debtor will repay his existing obligations to creditors and the Federal Tax Service. Or during the investigation of the crime it turns out that the suspect has nothing to do with the case.
Checking the machine will be discussed in the video:
Attention! Due to recent changes in legislation, the legal information in this article may be out of date!
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