How to seize

Arrest on the property is a security measure in the lawsuit. It can be imposed at the request of one of the parties to the process only by a court. ArrestBannoe property will be protected at the stage of judicial review from any action of the defendant in the suit. Most often the arrest is imposed on real estate: cash accounts, apartments, houses. But sometimes the arrest may be a car or another valuable disputed property. The judge takes measures to ensure consideration of the claim without hearing the parties. The main purpose of arrest is to maintain the assets and to ensure the future enforcement of the judgment against him.

Instruction

If you filed a claim in court for property dispute, be sure to take measures to ensure the preservation of this property for the duration of the lawsuit.

Make a statement supporting your claim. The statement include an accurate identification of arrested property. This can be a location of disputed estate, which you are asking the court to seize. If we are talking about Bank account, then the court needs to provide Bank account details.

The most important is to properly substantiate his claim for a seizure. In making the Declaration, refer to existing facts (evidence or testimony) that the defendant was going or going to be soon producing property any actions. Moreover, these actions must be clearly aimed at avoiding further execution of the judgment in your favor.

In addition to direct evidence, such as withdrawal by the defendant of funds from the accounts, the court considered and intention in the Commission of fictitious transactions and other attempts of sale of the property. Provide all the data about these actions to the court.

In the preparation of the application for arrest of the property, consider the size of the requested measures for ensuring legal action. It may not exceed the amount nominated by you against the defendant claims. Also on the property to be arrested, cannot claim the rights of third parties not affected by your claim.

Simultaneously with the filing of the lawsuit in court imagine and security statement on the arrest of the disputed property for which you intend to sue. If a lawsuit has already been filed, bring the Declaration to arrest as soon as possible.

During the day, the court will consider the application for interim relief. If there are sufficient grounds seizure of disputed property will be imposed.

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