It is no secret that the powers of bailiffs go far beyond the framework established, for example, for collection organizations. If an employee of a collection agency, in the light of the amendments to the law that has entered into force, can only use persuasion methods, the bailiff has the right to apply a sufficiently large set of coercive measures to the debtor, in particular, to recover the funds of the debtor citizen.
Today, a large number of people store money not in cash, but on non-cash instruments. In this case, can bailiffs arrest a credit card?
Measures Applied by Federal Government Officials
Among the coercive measures, the bailiff has the right to perform the following actions:
- to enforce accounts and earnings;
- restrict travel abroad;
- seize property;
- restrict the right to drive a car;
- to impose a ban on registration actions in respect of real estate and movable property;
- collect the amount of the performance fee;
- fine.
Thus, the powers of employees of the Federal Service are practically unlimited.
Cash collection
In recent years, the capabilities of the Federal Service in terms of electronic document management with other services and departments have expanded significantly. For example, now for the execution of a bailiff’s order, an electronic document certified by an electronic digital signature of an employee is enough. The use of such technologies significantly increases the speed of information transfer between the bailiff and the credit institution (bank).
The search and write-off of funds takes place in several stages:
- Submission of an electronic request to credit organizations.
- Getting answers. The bank’s response contains information on all accounts opened in the name of the debtor, indicating the balance of each account.
- Issuing and sending an electronic resolution on foreclosure to discovered accounts within the amount of debt.
- Execution by the bank of the bailiff's order.
- The receipt of funds on deposit of the Service.
- Transfer of the amount of debt by public servants to the collector's account.
The speed of writing off funds from the accounts of the debtor varies depending on the specific region of the country and the effectiveness of the participants in this process.
If the account is credit
Such accounts are not uncommon for citizens today. Therefore, many are interested in whether bailiffs have the right to seize a credit card. The answer to this question can be found in the current legislation.
The federal law “On Enforcement Proceedings” allows for foreclosure on the debtor's available income. Such income includes not only the citizen’s earnings, but also the funds in his accounts, including on credit. In fact, the loan funds transferred by the bank to the client are his income.
Whether the debt is debited from a debit or credit card does not matter. Since the second type of payment instruments is not uncommon today, they are common in the practice of bailiffs. That is why the question of whether bailiffs can arrest a credit card if there is no money in other accounts worries many borrowers.
It is important to know that before the execution of the document sent by the bailiff or the recoverer, the debtor will not be able to use his account. If there is enough funds on the credit card or credit account to pay off the entire amount of the debt, the bank will transfer the funds immediately. Otherwise, the write-off of funds will continue until the full repayment of the existing debt.
Of course, the banking organization will not execute the court decision at its own expense. Even though the answer to the question whether the bailiffs can arrest a credit card is positive, not every case will be debited. For example, if a payment instrument with borrowed funds is not activated, the money limit provided will remain intact until the client of the bank begins to make transactions on it.
How to unlock a card?
Often the size of the debt is not so large compared to the loan provided to the debtor. Therefore, if you find that the account is blocked, you should contact the Federal Service. Since the answer to the question of whether the bailiffs have the right to arrest a credit card is positive, is this? is quite real. After all, with a small amount of debt it can be repaid in cash directly at a reception from a federal civil servant. In the absence of debts, the bailiff will immediately remove all restrictions on the account.
In which case can the action of a public servant be challenged
The question of whether bailiffs can arrest a credit card is relevant for many debtors. The law provides for such a method of debt collection, but only in accordance with the adopted laws and regulations.
Some citizens, in cases of seizure of money accounts, prefer the way of judicial contesting the actions of the bailiff. However, the legal basis for recognizing the actions of an employee as unlawful may be the absence of evidence to notify the debtor of enforcement proceedings instituted against him. In this case, the citizen will be right, because if he did not have information about the debt, therefore, he did not have the opportunity to repay it in time. The reference to the fact that the account is credit is unlikely to help win the process, so the actions of the bailiff are legitimate.
From the foregoing, regarding the question of whether bailiffs can arrest a credit card, several conclusions can be drawn:
- A public servant may recover a loan.
- An important condition is the activation of a payment instrument.
- In certain cases, a reversal can be challenged.