In continuation of the above: any property, including vehicles, can be seized only by court order. In accordance with paragraph 1 of article 51 of the Federal law of the Russian Federation No. 119-F3 from 21.06.97 G. "On enforcement proceedings , the debtor's property arrest is imposed not later than one month from the date of delivery to him of the relevant regulations, and sometimes simultaneously with his delivery.However, the debtor has time to repay the debt, to be recovered. The law assigns to it not more than five days from the moment of excitation of Executive production. In other words, the bailiffs must give you a document where the reason for the arrest are clearly spelled out. If for some reason this did not happen, you should contact your local Department of court bailiffs in person or in writing and you must give an exhaustive answer.
The process of seizure of a motor vehicle of the debtor begins with the judicial bailiff-executor regulations prohibiting registration of the vehicle, which is sent to the organs of traffic police. In the absence of the car when the location is unknown, the bailiff has the right to propose to the claimant to advance the search for the missing car, and then they brought another order about the search of the debtor's property on the basis of which the case was instituted on the investigation and referred to the regional information centre, where the missing car is registered as being stolen. The claimant receives a copy of such order.
In the case of car detection, the bailiff is the act of inventory and seizure of property, and the vehicle is transferred for safekeeping in a specialized organization involved in the implementation of such vehicles. A copy of the act of inventory and arrest you can get from the judicial police officer-executor.
Advice 2: 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.
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.