The execution of a court decision first involves a notification procedure, notifying the citizen of the need to repay the debt, and then a forced procedure, when a person refuses to pay the required amount within the allotted time. The procedure for the bailiff's actions is quite standard and is prescribed in the current legislation. First of all, seizure is imposed on bank accounts. Moreover, funds are equally debited from accounts in rubles or in foreign currency. Some citizens, knowing that they have a debt, try to avoid such a measure of influence and are interested in the question of which banks do not cooperate with bailiffs in 2018. What requests do bailiffs send to banks? The answer to this question lies in the provisions of Russian legislation.

Which banks do bailiffs cooperate with and which ones do not?

• 1 Which banks do not work with bailiffs
• 2 Which accounts cannot be used by bailiffs
• 3 What to do when seizing accounts

The execution of decisions of government bodies and officials provides for the forced collection of debts. First of all, arrest is imposed on accounts in Russian or foreign currency. In order to understand whether it is possible to somehow hide your savings and avoid their transfer, carried out on the basis of an issued decree or other executive document, it is necessary to find out which banks do not cooperate with bailiffs in 2017-2018.

About banks and finance

Attention

Another significant point is that only an organization that has the right to do so can exercise the right to collect debt from the debtor’s account. To do this, you will need to enter a special register created by employees of the Federal Bailiff Service. But in practice this is almost impossible, because This register is compiled by the bailiffs themselves and each region has its own banks.

From what accounts can money not be written off by bailiffs? Within the scope of Art. 70 and 81 Federal Law - 229 dated October 2, 2007, restrictions are established in relation to some cash savings of citizens. That is, collection on these funds cannot be made. We are talking about the following means:

• savings in foreign currency, provided that ruble savings are sufficient to pay debts and satisfy claims;
• money held in the referendum fund accounts;
• funds deposited in a special election account.

Which banks do not cooperate with bailiffs?

A couple of years ago there was also a corresponding response from the Supreme Arbitration Court of Russia on this matter. The only problem was how to find the account of a specific debtor in the endless sea of ​​banking. Previously, bailiffs sent requests by mail to the main banks.

Info

Or they were expecting some kind of tip on where to look. In some places they still work according to the same scheme. But this is already the past century: electronic payments are on the way. Now bailiffs are actively developing electronic cooperation with banks: requests are sent through such channels, and without the same - relatively speaking, with a click - accounts are blocked.

For example, relatively recently there was a message that bailiffs in the Volgograd region began mass write-offs of funds from debtors’ receipts. In fact, every day, bailiffs send a thousand or two orders to banks to collect funds from those who are in debt.

In which bank can you hide your account from the court? bailiffs physics?

According to the law, in response to any request received from a government agency, a bank or other organization is obliged to provide complete information about the debtor, indicating the following information:

• about whether the debtor has opened an account and the amounts that are placed on these accounts in rubles and foreign currency;
• on the storage of any other valuables, for example, deposits.

To complete this action, banks are given about seven days. In this case, the financial institution is obliged to draw up an appropriate document and send it to the address of the request. Some banks do not provide data to bailiffs. In case of refusal to perform such an action, a serious fine is imposed on the banking institution.

Which banks do not cooperate with bailiffs?

The listed rules were introduced only in the spring of 2016, after amendments were made to the basic law. What to do if your account is frozen? Even if restrictions have been imposed on the account, you should first make inquiries about the current situation, and then act in accordance with the available information. If there is a disagreement with the amount or other points, the citizen can file a claim in court.

The process can be easily won if the bailiff violated the law or the evidence presented by the applicant is sufficient to lift the arrest. 10 days are allotted to make such a decision, and then another 10 days to directly remove the encumbrance. Conclusion Each bank is obliged to provide bailiffs with information regarding the availability of accounts and funds on them in relation to a certain civilian or company.

Bailiffs will be able to quickly acquire information about the availability of receipts, bank cards, securities, safe deposit boxes, and information about loans issued to the debtor. In addition, the bailiff will become aware of any movement of funds on receipts of debtor citizens. If a penny dropped somewhere, it would be noticed. The project in the Northern capital is just the beginning: we have a large number of banks, and so do debtors.

The law prohibits bankers from covering clients who are in debt. Accounts can be seized, but if there is not enough money, you can wait. Or, as lawyers say, accumulate funds. Under such conditions, the account becomes a kind of trap for the debtor’s money: what comes in, does not go away.

As the director of the Federal Bailiff Service, Artur Parfenchikov, said then, the department is already working to introduce a similar system in other banks.

Which banks do not submit information to bailiffs?

Some lawyers are confident that in this case the bailiffs only have the right to block the card, but not withdraw money from it. Russian newspaper - Federal issue No. 6025 (49) dated March 7, 2013

In cooperation with banks, bailiffs are going to start collecting small debts. By the end of the year, at least four large banks will begin to forcibly write off money from debtors’ accounts. What should clients do?

Their clients are increasingly complaining about forced withdrawals from their bank accounts. One of them, a resident of Moscow, says that he received an SMS message from Sberbank about writing off 500 rubles. to pay a fine. He was surprised: he did not know that he had debts. As it turned out after calling the bank’s support service, the money was used to pay off a fine for crossing the street at a red light. There are quite a few such stories on Internet forums, and often larger sums are involved.

Electronic bailiffs

The reason for what is happening is the active work of bailiffs with banks. Bailiffs were previously allowed to write off funds from the debtor’s accounts - legislation has allowed this since 2007. But the bailiffs simply did not have enough energy and time to deal with the huge number of small debts on fines, taxes, and consumer loans, and the banks were not too willing to cooperate. “Banks often refused bailiffs due to errors in drawing up orders to seize funds, etc.,” says Alexander Golubev, head of the legal department of SDM Bank.

Today the situation has changed. By 2011, based on the legislation on electronic document management and electronic signatures, the bailiff service developed a standard agreement with banks that allows you to send requests for debits of funds electronically. Now banks and bailiffs can exchange information using a specially developed program through a dedicated Internet channel using a special crypto gateway - a data protection device that meets the requirements of the FSB, and an electronic signature. All this makes it easier to collect debts from citizens.

Sberbank signed this standard cooperation agreement with the FSSP back in December 2011. A similar system will soon work in VTB24: the agreement has been signed, the mechanism is now being worked out on the basis of the Presnensky Department of the Federal Bailiff Service of Russia in Moscow, said Valery Mendus, deputy director of the operations department of VTB24.

Of the 10 largest banks surveyed by RBC in terms of the volume of funds raised from individuals, two more - Promsvyazbank and Gazprombank - confirmed that they also signed an agreement with the FSSP and will automatically write off funds from accounts to pay off fines. Promsvyazbank is preparing to launch such a system in the fourth quarter of 2015, said Marina Konyukhova, director of the bank’s operational department. Gazprombank also signed an agreement with the FSSP. The bank's press service did not say when the system will start working.

Deputy Director of the FSSP of Russia Tatyana Ignatieva clarifies that the full electronic document management system (all requests, responses, and procedural documents are sent electronically) works with five banks - VTB24, MDM Bank, Zapsibkombank, Bank of Moscow and Sberbank. Another 13 banks, including UralSib and Alfa Bank, are currently testing this system. In general, the FSSP already works with 82 banks using an electronic document management system. True, most of them are not yet able to electronically process the main documents of the service - orders of bailiffs on the collection and seizure of funds.

Loans, fines and alimony

According to the standard agreement between banks and the FSSP, the interaction scheme is as follows. As soon as the court decision against the debtor comes into force, the bailiffs, using special software, send a request to the bank about the availability of accounts. The request contains the debtor's details (full name, year of birth, passport details) and the amount of his debt. Moreover, we are talking not only about accounts, deposits and cards, but also about metal accounts, as well as DEPO accounts (for accounting for securities).

If the debtor has enough funds, the bank indicates accounts in which the amount is sufficient to repay the debt. Having received the data, the FSSP sends a resolution to the bank to foreclose, that is, to write off the funds. The text of this resolution indicates the debtor's accounts from which the bank must withdraw money. It is the bailiff, and not the bank, who selects the account to write off.

In this way, all types of administrative debts can be written off, the collection of which involves bailiffs, says Sergey Varlamov, partner of the Delovoy Fairvater company. This could be debt on loans, alimony, taxes, debts for housing and communal services, fines for violating traffic rules, etc.

Between the commission of an offense and the debiting of funds from the account by court decision, at least six to eight months can pass, says Svetlana Tarnopolskaya, a lawyer at the Yukov and Partners organization. According to her, several months pass before the trial (the person receives notifications about the need to pay a fine), the trial itself takes about three months, and a couple of months after that the bank may receive a bailiff’s order to write off funds from the account.

If the amount in all the debtor's accounts is less than the amount of the debt, the bank transmits to the bailiffs the numbers of all the client's accounts indicating the balance for each. And if there is no money for them at all, the bank begins to track them. And as soon as the funds are received, they are written off according to the order of the bailiff.

Right to make mistakes

There are a few exceptions. For example, it is impossible to write off a credit card, the press service of Sberbank states in response to a request from RBC: the bank cannot forcibly lend to a debtor. According to the law on enforcement proceedings (Federal Law 229), various benefits cannot be written off from the account, for example, for causing harm to health, loss of a breadwinner, or the birth of a child. But pensions can be used to cover debt. There are no restrictions on the amount of debt that the bank can remove at the request of the bailiffs. However, it is prohibited to withdraw more than 50% of monthly income, be it pension or salary.

Unfortunately, banks and bailiffs are not always able to follow these rules. Often, by mistake, the bank withdraws funds that cannot be written off, admits the Sberbank press service. “This is due to the difficulty, and sometimes even impossibility, of determining the type of funds,” she reports.

What to do in such a situation? If you have been debited by mistake, you should first contact the bank, advises the Sberbank press service. If this does not help, you need to find out which department of the Federal Bailiff Service sent the request, advises Varlamov from Delovoye Fairvater. After this, you need to contact this department, find out the details of the bailiff and write a free-form application in his name for a refund.

In the statement, Varlamov emphasizes, it is necessary to refer to Article 101 of the law on enforcement proceedings, which indicates what types of funds cannot be recovered. It is also worth attaching documents confirming that social payments actually go to this account, he added. After this, the bailiff service may admit the mistake and return the funds. “True, the time allotted for making this decision is unlimited,” warns Varlamov.

However, in practice the case usually does not reach the court. “We receive requests related to the write-off of maternity capital or other benefits against debt, but rarely,” says financial ombudsman Pavel Medvedev. In most cases, the bank admits the mistake and returns the funds to the account, he says.

There is another problem - writing off funds for a non-existent debt. The procedure is the same. The reason, most likely, will be a court decision made in absentia, says Vasily Nedelko, director of the Basalt law firm. You must contact the FSSP office and request a copy of this decision. You have seven days to appeal a court decision in absentia after receiving a copy of it, regardless of when the decision itself was made, the lawyer reminds.

Legislation obliges all credit institutions operating in the Russian Federation to provide information regarding client funds upon request of bailiffs.

The rule applies to commercial structures on an equal basis with government ones.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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Financial organizations that do not work with the FSSP

As of 2019, over a hundred banking institutions have signed an official document regulating the nuances of providing information to the request of the bailiff service.

The fact that there is no contract does not exempt you from the obligation to provide customer data.. Refusal will result in a fine and other sanctions, including loss of license.

Debt collection

Finding organizations that do not cooperate with the FSSP is becoming increasingly difficult over time, since failure to provide information is actually a violation of the law with the ensuing consequences. There are no people willing to conflict with the state, to risk their own reputation and even existence.

The only option is cooperation with small financial institutions of non-state ownership, whose owners are not persons close to the authorities.

Some of them continue to rely on the principle of bank secrecy and try to maintain the confidentiality of information relating to the citizens they serve.

Often, financial organizations do not directly avoid cooperation with bailiffs, but simply promptly warn clients about the impending arrest, giving them the opportunity to withdraw funds.
This is how one manages to maintain loyalty while formally complying with the law.

Full list

According to reviews, cooperation with bailiffs is minimized by these financial organizations:

• Home Credit;
• Promsvyazbank;
• Citibank;
• MTS-Bank;
• Vanguard.

How does the service obtain billing information?

The search for data on the funds available to debtors in banking institutions is carried out by sending search applications to various financial organizations.

Due to the huge number of companies operating on the market, it is difficult to control whether everyone received the request and responded to it honestly.

The application is guaranteed to reach the largest banking institutions, and in this case, with almost 100 percent probability, the funds will be automatically debited. They will not risk their authority and create problems with the law.

Procedure for collecting funds

The interaction of bailiffs with banks occurs according to the presented scheme:

1. After the court decision comes into force, a request is submitted to the financial institution regarding the availability of funds from a particular citizen.
2. The credit institution provides the necessary data.
3. If there is money, the FSPP sends a collection order indicating the debtor's account.
4. Finance is written off in the required amount.

What to do if an arrest is made?

It is necessary to start by finding out how legal the actions of those responsible are.

If there is an outstanding debt and there are no restrictions on writing off funds due to their special purpose, the only way to solve the problem is to pay off the debt.

In case of seizure of a special category account that does not allow collection, the debtor must:

1. Collect documents confirming the fact.
2. Submit an application to the FSSP, which will revoke the decision.

Controversial situations will have to be resolved through the courts.

Grounds for lifting sanctions

Cause	Procedure
The debtor made a full refund to the creditor	It is required to collect all confirming payment orders and present them to the bailiffs by writing a statement.
The actions of authorized persons were recognized as unlawful	The money was not intended for the intended purpose, the debt was accrued by mistake, or the defendant was not notified in the prescribed manner about the process so that he had the opportunity to take action before the trial.
The parties reached a consensus	The writ of execution is taken from the FSSP. Subsequently, if the debtor ceases to comply with the agreement, the plaintiff has the right to re-file the document for collection; it is unlimited.
The defendant became bankrupt	All assets, including accounts, are transferred to the arbitration manager.

Which accounts are they not allowed to touch?

It is mandatory to provide a documentation package including:

• papers confirming the intended nature of the money;
• statements demonstrating the actual transfer of finances;
• certificates from the bank indicating that savings have been blocked.

In the text of the appeal, it is advisable to focus on the illegal nature of the procedural measure that violates the interests of the applicant.

If the outcome is favorable, the illegality of actions regarding the citizen’s funds will be established, and he will be able to return them.

You will need to take a certified extract from the court decision and a writ of execution, which are presented to the service.

Sberbank was the first to sign such an agreement, which is why the most complaints from its clients can be found in the public domain. VTB24 is doing the same thing: the mechanism is being worked out on the basis of the Presnensky Department of the Federal Bailiff Service of Russia in Moscow, Deputy Director of the Operations Department of VTB24 Valery Mendus told reporters. The connection of other large banks with state participation is not far off.

The situation is somewhat alleviated by the fact that debtors’ funds are not written off from credit cards, but by mistake, write-offs can also affect them. The issue of paying fines and executing a court decision is not an issue for a law-abiding citizen.

Can a bank withdraw money for debts?

The current practice is that some banking institutions write off money for debts from those clients who did not even suspect that they had any debts.

Sometimes people don’t even know about traffic violations that are recorded by external surveillance cameras, but some banks, in conjunction with bailiffs, promptly write off fines from the account.

Initially, representatives of the banking segment flatly refused to carry out such procedures - due to precedents for incorrectly identifying account owners, banks did not want to work under such a system.

Banks are beginning to actively cooperate with bailiffs

If the debtor does not have funds in his account, the bank undertakes to monitor their receipt and will write them off as they are credited.

The powers to automatically write off debts for banks appeared a long time ago, back in 2007, but since the entry into force of the relevant legislative norm it has practically not been used, because banks were previously not willing to cooperate with the FSSP.

Which banks' accounts cannot be seized?

wow, I thought they were just writing off the money and that’s it... but they also block the card... it’s a shame that the bailiffs don’t seize the accounts. you need to pay the fine and go to the traffic police (if the fine is from there) to show them that you paid.

for them to note. We already had this too. but our accounts are not seized. the paper arrives at work or this amount is withdrawn from the bank account.

like from anyone if they know for sure that you have an account there.

Is there a bank where they won’t seize accounts?

The situation with anonymous wallets in electronic payment systems is still better; they are more difficult to track. There is a risk, of course, I wrote about it) I myself have several legal proceedings. I’ve been using the Alfabank card for a couple of years. No one has been arrested yet)) And the fact that the bailiffs do not always get to the accounts, then this is a question of the creditor’s interest in collecting the debt.

Prompt creditors themselves hand over to the bailiffs all the information about the debtor’s accounts and property, or even submit a writ of execution to the bank themselves.

And from which cards of which banks can the bailiffs not withdraw?

Another question is which ones will be difficult for them to find, definitely not in Sberbank

This is an email request.

So we have to offline all the goats (banks) in full (across the entire federal database) and poll them.

Deputy Director of the FSSP of Russia Tatyana Ignatieva clarifies that the full electronic document management system (all requests, responses, and procedural documents are sent electronically) works with five banks - VTB24, MDM Bank, Zapsibkombank, Bank of Moscow and Sberbank. Another 13 banks, including UralSib and Alfa Bank, are currently testing this system.

In general, the FSSP already works with 82 banks using an electronic document management system. True, most of them are not yet able to electronically process the main documents of the service - orders of bailiffs on the collection and seizure of funds.

If the amount in all the debtor's accounts is less than the amount of the debt, the bank transmits to the bailiffs the numbers of all the client's accounts indicating the balance for each.

And if there is no money for them at all, the bank begins to track them.

January 2019

When interacting with banking structures, the executors put forced collection of debts on stream. Every year, more and more banks actively cooperate with bailiffs and provide them with all the necessary information upon the first request. In order to avoid getting into an unpleasant situation when a certain amount is suddenly written off from your account, for example, for a forgotten unpaid fine, it is very useful to know which banks cooperate with bailiffs and which do not.

How is funds seized from the debtor's accounts?

Russian legislation has regulated the debiting of funds from debtor accounts by bailiffs since 2007. However, this procedure used to be much more difficult for them than it is now. Since 2011, in accordance with the legislation introducing electronic signatures and electronic document management, the bailiff service has drawn up a standard agreement with banking organizations, which allows sending requests electronically to write off funds.

Now the exchange of information between banks and bailiffs occurs using special software via a dedicated Internet channel. This greatly facilitates the work aimed at collecting debts from citizens.

The principle of interaction between bailiffs and banks is as follows:

1. After the court decision enters into force, the bailiffs submit a request for the availability of accounts for a particular citizen to the required banking organization.
2. In response to this request, banks provide information to bailiffs.
3. After this, the FSSP sends a collection order to the financial organization - it indicates the debtor’s account from which the funds should be withdrawn.
4. Ultimately, funds in a certain amount are simply debited from the debtor’s account. Moreover, there are often cases when write-offs occur without prior notice and orders from the bailiffs, which is completely contrary to legal norms.

This algorithm can be used to write off all administrative debts that are within the sphere of influence of bailiffs - for example, loan debts, unpaid alimony, traffic fines, taxes or debts for housing and communal services, and so on.

How do bailiffs find out about bank accounts?

So, how is this procedure performed? Bailiffs look for debtors' bank accounts in the following way - an application is submitted to search for the debtor's accounts. This application is sent to all financial institutions. But since there are quite a large number of credit institutions on the territory of the Russian Federation, it is likely that the request will not reach everyone.

The larger the bank, the higher the likelihood that it will receive a corresponding request and, upon first request, provide all the information necessary to the bailiffs, and subsequently write off the funds from the debtor’s account. Sberbank undoubtedly takes the lead among all banks actively cooperating with bailiffs. If legal proceedings are initiated against a person, as a result of which a fine is imposed, then the funds from the Sberbank account of such a citizen will be written off with almost 100% probability.

In such a situation, it may be advisable to open a reserve debit account in some medium-sized non-governmental credit institution. This will reduce the likelihood of sudden withdrawals. However, the larger the amount that the bailiffs want to seize, the more likely it is that the funds will be written off (even in a small banking institution).

Which banks do not provide information to bailiffs?

According to the law, every credit institution operating on the territory of the Russian Federation is obliged to provide the necessary information to bailiffs. If a particular bank has developed a serious reputation in the financial market, then it will certainly comply with the legal requirements of the bailiffs.

Performers can send a request to both commercial and government agencies. As of 2018, more than a hundred financial organizations have already signed an agreement with the FSSP regulating full document flow. Moreover, the list of such credit institutions is updated almost daily.

Here are the 4 largest banks that work most closely with bailiffs:

• Sberbank
• Gazprombank
• Promsvyazbank

Unfortunately, it is not possible to say for sure which bank does not cooperate with bailiffs. Since the demands of the performers are completely legal, any organization that receives a request is obliged to respond and provide the necessary information, otherwise it will be subject to serious penalties. And no bank wants to pay a large fine.

However, it is much easier to hide your own savings from bailiffs if you cooperate with:

• small non-state banks;
• electronic payment systems (it’s very easy and quick to create such a wallet, and it doesn’t have to be for yourself, but tracking it is very problematic).

These cards are blocked less often by bailiffs

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Which accounts cannot be seized in 2019?

In accordance with Articles No. 70 and No. 81 of the 229th Federal Law “On Enforcement Proceedings,” taking into account the changes and additions that came into force on December 5, 2017, the following cannot be written off:

1. Funds located in a specialized election account.
2. Savings held in foreign currency (if ruble savings are enough to pay off the debt).
3. Money held in the referendum fund accounts.

Bailiffs do not seize the above categories of funds. In other cases, banks write off money at the request of bailiffs, and the bailiffs do not always comply with the necessary notification procedures.

What to do if the bailiffs seized the account?

You can always go to court if there is any disagreement with the amount of funds written off. It is possible to win a lawsuit if the bailiff drew up a statement in violation of legal norms, or if the evidence provided by the plaintiff is insufficient.

Removing a seizure from an account without going to court takes place according to the following algorithm:

1. After a notification SMS message about the seizure of the account, you need to call the call center of the financial institution or visit a bank branch.
2. The result of this should be to obtain the necessary information about the amount of debt and how and where to repay it.
3. After 6-8 hours (maximum 24 hours), the arrest should be removed from the account.

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