Why the bailiff imposes a lien on the account?
The duties of a court bailiff (the bailiff) enters the execution of decision, ruling, rulings, judicial acts and acts of other competent authorities which is recorded in the writ or the court order. In other words, the decision to arrest the Bank accounts of the court and the bailiff executes the decision.
One of the main responsibilities of the judicial bailiff-executor is, as a rule, in the recovery of funds from the debtor in favor of the creditor, defined by the court. Under the collection procedure means the arrest or seizure of tangible assets, including cash held in accounts, cash. Upon receipt of the writ or other document with the court decision on recovery, the bailiff must send requests to the banks or other lending institutions, in response to which must include the accounts of the debtor.
Bank employees provide information about the presence or absence of an account with a credit account they should put the appropriate stamp in his direction. But, sometimes, the information that the account is a credit, and the funds it intended to repay the loan, the Bank has not provided, as a result, the bailiff, there is incomplete information about the account and can be seized for a credit account that is automatically blocked.
Some banks lock the credit account occurs automatically with the arrest of the Deposit, despite the fact that the bailiff seizes only on the Deposit.
How to remove arrest credit account?
For lien removal credit Bank accounts the debtor has the right to cancel the actions of the bailiff for the seizure. This can be done by providing information about the account opened in accordance with the terms of the loan agreement to court, and you can also contact the Federal service of bailiffs with a written statement.
On the one hand in the legislation of the Russian Federation are not clearly stated prohibition on arrest credit the account of the debtor. On the other hand credit score are not intended for settlements, as a result, by law the imposition of arrest procedures in relation to credit accounts do not apply.
If the deduction from the account on which it was seized has already happened, it is necessary to write the application for refund of deducted amount. A refund of the debited funds may take up to ten days.
If you encounter a situation in which there is a possibility of seizure in the credit Bank account or a credit account has been arrested, give the police officer all documented information on this account. The police officer should take this information into consideration and in case of the seizure has the right to cancel it.