The arrest of property is the final stage of the enforcement proceedings of the Federal Bailiff Service. This is a measure to enforce a court decision. After the arrest comes the sale of the seized property by the bailiffs. We will analyze this in more detail below.
Legal framework
The sale of seized property by bailiffs is based on the following regulatory legal acts:
Art. 446 Code of Civil Procedure of the Russian Federation - it contains a list of objects that do not fall under the confiscated property of bailiffs;
Art. 80 Federal Law No. 229 “On Enforcement Proceedings” - contains the rules for seizing;
Federal Law No. 118 of July 22, 2009 - contains the work procedure and duties of the bailiffs.
In addition to the above legal acts, since 2012, bailiffs have the right to seize bank accounts in order to enforce court decisions. However, it should be borne in mind that there are a number of limitations:
it is forbidden to withhold more than 50% of the amount from bank cards;
some accounts are immune to bailiffs: care allowances, some types of pensions, etc.
Our citizens are already used to surprises from bailiffs, when instead of salary messages, they receive messages about debiting funds. Litigation, decisions on enforcement proceedings - everything happens secretly, without due notice. As a result, citizens are left without money when they suspect nothing. This applies to unexpected visits, after which things go to the confiscated bailiffs.
What should not be confiscated
Many people wonder what property can be arrested. We will answer this way: they can withdraw those things that do not fall under the ban. According to the law, the sale of seized property by bailiffs is prohibited if it:
- the only housing of the debtor, members of his family, the exception is real estate acquired by citizens on mortgage lending;
- land plots on which the only housing is located, an exception is also mortgage lending;
- personal items (clothing, shoes, etc.), with the exception of jewelry and luxury items (mink coats, hats, etc.);
- items that are necessary for professional activities, such as a computer for a programmer;
- animals from personal subsidiary plots, as well as buildings and premises in which they are kept;
- seeds for sowing;
- fuel used for heating the family and cooking (firewood, coal, gas cylinders, etc.);
- means, including vehicles, which are necessary for the disabled;
- commemorative signs, awards;
- property that does not belong to the debtor in a shared apartment;
- cash that is less than the subsistence minimum for each dependent member of the family.
As you can see, the list is pretty impressive. However, it lends itself to legal logic: the law should have the principle of expediency.
It is impossible to take things from the debtor if this seriously worsens his situation. Bailiffs are mainly interested in bank accounts, second real estate, cars, jewelry. Some women whose ex-husbands have not paid alimony debts for years are willing to tighten the law. Suggestions are being made to deprive the debtors of their liberty, and to describe all of his property in a confiscated bailiff.
Property Valuation
After the seizure of property, the debtor has 30 days to pay off the debt. The sale of seized property by bailiffs begins with an assessment. In some cases, the bailiff himself evaluates the property "by eye". These are household appliances, household utensils, etc. However, the law provides for cases of mandatory involvement of a professional appraiser:
- seized property of banks;
- the property;
- securities;
- precious metals;
- collectibles, objects of art;
- things whose value exceeds 30 thousand rubles.
In addition, if the bailiff estimated, for example, a plasma TV at 1 thousand rubles, then the debtor has the right to disagree with this. In this case, you must call an appraiser. The result of his work unpleasantly surprises borrowers: property, even expensive, is valued much lower than the market price. The goal is to get cash quickly.
Citizens know this and often resort to the services of various thrift stores. You need to keep in mind that writing to a higher authority based on the result of the assessment does not make sense, you need to go to court.
Appeal Appraisal
The assessment of a professional appraiser can be appealed through the court within 10 days from the receipt of the notice of the assessment. It is important to keep in mind that it is necessary to appeal the ruling of the bailiff, and not the result of the assessment, since the latter is of a recommendatory nature, while the ruling of the bailiff has the status of a normative act.
Arrested property on sale
Confiscated property of more than 500 thousand rubles occurs through specialized auctions. This process is protected by the state, has many complaints in terms of honesty and openness.
At the first stage, information about the auction is published, which property will be put up for sale 30 days before the auction. The Federal Property Management Agency is engaged in this. Persons wishing to participate in them must pay a deposit of 5% of the cost to confirm solvency.
However, manipulations during auctions through the participation of dummies in order to increase the price of the lot became more frequent. Authorities often raise the bar to 50%. This causes dissatisfaction, they say, artificially restrict access. But do not forget that after the auction you need to pay the full cost of the property, so this measure does not seem draconian to the authorities.
Arrested property on sale goes through tenders.
In order to maintain order, local authorities themselves appoint a circle of persons.
If the auction does not take place, then the bailiffs send a corresponding letter to the creditor. After that, he must go to court in order to reduce the initial amount by 15%. Then everything happens anew until full implementation.
The winning participant must finally pay for the acquisition within 5 days.
Seized property: bidding. How to participate
Both individuals and legal entities can participate in the acquisition of confiscated bailiffs. To do this, you need the following documents:
- request;
- copies of receipt of deposit;
- copies of identification documents;
- notarized consent from the spouse for the acquisition of property;
- sealed envelope with initial offer;
- notarized copies of constituent documents for legal entities.
Summary
So, confiscation takes place by bailiffs (FSSP). The seized property is further divided into two categories. The first is cheap stuff. They are sold through auctions. Expensive things, real estate, equipment are sold through special tenders.