Which banks the bailiffs do not check. Which bank should I open an account in so as not to be arrested by bailiffs?

In case of failure to comply with the demand/offer, the bailiff initiates enforcement proceedings, which, unfortunately, will also cost you money - 1000 rubles for individuals. And again about practice - even in the presence of enforcement proceedings, you will not always have to pay an amount of a thousand rubles.

Which banks do not have bailiffs seize accounts - information for debtors

if there are enough funds to pay off the debt, then after they are written off, the account will be unblocked;
if there is not enough money, then 50% will be debited from subsequent receipts to the account. That is, when the debtor receives a salary in the amount of 30,000 rubles, 15,000 will be written off to pay off the writ of execution, and the remaining 15,000 will be at his disposal.

Is it necessary to notify authorized persons or employees of a credit institution about the inadmissibility of forced withholding of funds from these types of assets? Citizens do not have such an obligation, however, in order to avoid the risk of illegal withdrawal of funds, they need to send a corresponding letter to the specified authorities.

Which banks do bailiffs not seize accounts?

If the debtor believes that the bailiffs seized money kept in the bank illegally, and he has evidence of this, then their actions can be appealed.
If the court proceeded unilaterally, that is, without the participation of the borrower, then the court order can be canceled. In this case, the seizure of the savings is removed.

Bailiffs seized the account, what should the debtor do?

In the event that the details of the debtor's accounts are unknown, the bailiff sends to the bank or other credit organization a resolution to search for the debtor's accounts and to seize the funds in the debtor's accounts in the amount of debt determined in accordance with Part 2 of Article 69 of this Federal Law. law.

Which bank should I open an account in so as not to be arrested by bailiffs?

Agatha, you are a sage! In order to honestly live in our Russia, we must return all the trillions of dollars that members of our government took from the country and execute half of the Duma, stop stealing from our officials! Then the middle class will heal on its own!

Which bank won't seize an account?

All banking operations and other transactions are carried out in rubles, and, if there is an appropriate license from the Bank of Russia, in foreign currency. The rules for carrying out banking operations, including the rules for their material and technical support, are established by the Bank of Russia in accordance with federal laws.

Which accounts are not touched by bailiffs in terms of seizing funds?

What if you try to find some regional bank that works with OPC or with other partner banks with a developed ATM network?
When opening an account, they look at the registration - that is, they send the information to the State Tax Inspectorate of the corresponding region? To be honest I doubt it...

In which bank should I open debit cards and an account so that the bailiffs don’t get to me?

The arbitration court seizes only those funds that were in the debtor’s account at the time of execution of the decision. Further proceeds may be spent by the citizen at his own discretion, even if the amount initially seized is less than that established by the court.

Bailiffs seized the account - what to do? How to unfreeze an account

A bank or other credit organization immediately executes a resolution to seize the debtor’s funds and informs the bailiff in writing or in the form of an electronic document signed by the relevant official with an enhanced qualified electronic signature, details of the debtor’s accounts and the amount of the debtor’s funds seized under each account.

In which bank can you open a current account so that the bailiffs do not seize it?

What to do if money was withdrawn illegally? This may happen if the cardholder is not properly warned about the adoption of enforcement measures against him (the bailiff did not send him a copy of the decision), if the proceedings have already been completed, or if the funds in the account are not subject to withdrawal.

Do bailiffs have the right to seize an account with Sberbank without notice?

I would like to immediately clarify regarding the “seizure of the account”. The bailiffs send a writ of execution to the bank, according to which the bank is obliged to transfer in their favor the amount specified in the writ of execution. Those. this is an analogue of a “card index” for debts to the budget of legal entities. If the amount of the writ of execution is less than the balance in the account (and 500 rubles is still an extremely insignificant amount), then you may never know about the “arrest” at all - the money will simply be written off from the account without affecting other transactions.

Can bailiffs seize Rosselkhoz Bank accounts?

Due to various circumstances, bailiffs have to seize accounts of individuals or legal entities in various financial and credit institutions. Sometimes this is one of the most realistic ways to repay a debt or collect alimony. But there are cases when bailiffs seized an account at Sberbank by accident or in violation of procedure.

Bailiffs seized an account in Sberbank: your actions

It should be remembered that the bank will be able to do this only at the request of the bailiffs. They always act solely on the basis of a court decision. Literally any of your accounts into which funds are received can be blocked. However, according to Russian law, credit accounts where loan payments are transferred and accounts for crediting social benefits for children are not subject to seizure.

Has your bank account been seized? What to do

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.

Which bank is not touched by bailiffs?

31 Aug 2018 739

The current legislation of the Russian Federation regulates the procedure for collecting debts from citizens and allows for the blocking of their accounts for further write-offs. Knowing which banks the bailiffs do not seize accounts, the consumer will be able to protect their funds from forced write-off by the Federal Bailiff Service.

Which accounts are not subject to seizure?

When figuring out which card bailiffs cannot seize, it is advisable to turn to the norms of the Civil Code of the Russian Federation. According to them, any bank accounts that do not belong to the social category are subject to seizure. This means that salary and other types of debit products may be blocked as a result of the actions of bailiffs.

Only those that are used to receive various benefits, allowances and subsidies are not subject to blocking. Among them:

Disability pension.
Child benefit.
Military pensions.
Various compensations.
Transfers related to compensation for harm to the life/health of the account owner.

Since such payments belong to a special category, they are an exception to the rules of enforcement proceedings. If such accounts are seized, a citizen has the right to apply to the courts or draw up an application addressed to the local head of the FSSP.

According to the laws, a citizen is not obliged to notify the bailiff service about the presence of such accounts, however, such a measure will help avoid erroneous blocking and the associated inconvenience.

In order to confirm the intended purpose of the account, you will need to provide the bailiffs with a special certificate-extract, which will prevent illegal debiting of funds.

Seizure of a bank account is carried out on the basis of a court order

Reasons for blocking

When studying how bailiffs find out about bank accounts, you must first decide on a list of reasons that may serve as a basis for actions by representatives of the FSSP. According to the law, the only reason why a citizen’s funds can be blocked is a resolution.

It is issued by representatives of this structure on the basis of documents received from the person or organization demanding repayment of the debt. The procedure provides that permission to collect funds is obtained as a result of a court hearing, at which the justice authorities consider the case and draw up a writ of execution.

It contains detailed information about the procedure for withholding and writing off funds from a citizen’s accounts, as well as the amount of funds that must be returned. Based on such a document, representatives of the FSSP have the right to:

Conduct research to determine whether the debtor has property and funds, including in accounts with financial institutions.
Send requests to them in the prescribed form to seize the citizen’s assets, if such have been identified.
Monitor the account seizure procedure to ensure that the ban complies with legal requirements.

At the same time, the user must take into account that the FSSP cannot collect from a person more than 50% of salary or other payments. It should also be noted that the legislation provides benefits for single parents with minor children to support. In such a situation, a write-off of no more than 25-30% is allowed, which makes it possible to alleviate the financial situation of the debtor.

Most often, consumers experience blocking of their accounts due to the following reasons:

presence of large debts for housing and communal services;
unpaid fines;
debts on alimony and other obligatory payments;
serious delays or large amounts of loan debt.

It is important to take into account that with a large amount of debt, bailiffs have every right to seize not only money from the debtor, but also property. However, such a measure is not provided if the citizen’s debt is less than 3,000 rubles.

Bank account seizure scheme

How an account and card are blocked

In its work, the FSSP is guided by the norms of legislation, as well as a clearly defined algorithm of actions that ensures the legality of their actions. The blocking procedure takes place in several stages. The first of these is a court hearing, at which the debtor is given the opportunity to independently pay off the current debt.

If this has not been done, the judicial authorities will initiate a forced collection procedure:

The writ of execution, which is the basis for the actions of the bailiffs, is sent by the court to the FSSP.
Bailiffs search for the debtor's assets, after which they send requests for blocking to the financial organizations where they are located.
Banks fulfill the request and their client is deprived of the opportunity to use the account as usual.

When figuring out which banks are blocked by bailiffs, it should be noted that all operating financial organizations in the Russian Federation are required to comply with requests from the FSSP. At the same time, the bailiffs independently search for the client’s assets, which is why there is a small chance of avoiding blocking.

However, it is worth considering that representatives of this department have every right to write off all charges that were found on the debtor’s accounts if they were credited before the writ of execution was issued.

Among the organizations from whose accounts bailiffs quite rarely write off funds, it is advisable to note:

Online payment systems. Due to the high level of anonymity, accounts in electronic money systems do not always come to the attention of the FSSP, which allows some users to protect their accounts from blocking.
Cryptocurrency. Perhaps the most reliable option to avoid blocking funds by judicial authorities is to store them in cryptocurrency wallets. Many of them guarantee complete anonymity to the owner, and transactions made by users of such systems cannot be tracked.
Small and regional financial institutions. Since bailiffs, on the basis of a writ of execution, are forced to independently carry out search activities and send requests to banks, the client can avoid blocking the account if he places it in a little-known institution.

However, none of these options gives a 100% guarantee that the user will be able to avoid legal debiting of his funds and blocking of his account.

When the debt is fully repaid, the arrest from the accounts is removed

What to do if your account is frozen

Often, users faced with blocked accounts and debited funds explore possible options for action in such a difficult situation. The most obvious option seems to be full repayment of the debt that caused the seizure and further use of the salary or other account without restrictions.

However, the consumer does not always have such an opportunity, especially if the debt is large, so he should take one of the following actions:

Write a statement to the bailiffs.
Agree with the creditor.
File a lawsuit.

The first option is used most often. He assumes that the debtor visits the service branch and writes an application to unblock the card. In the future, any charges on it will be charged up to 50% towards the debt until it is fully repaid. The application must reflect:

Full name of the debtor, address of his residence and place of work.
The name of the bailiff service, as well as the person responsible for working with the debtor.
Date of opening of enforcement proceedings, data of the court that made the decision.
Full details of the financial institution where the account is blocked.
Seized account number.

It is extremely important to indicate the above data without any abbreviations. Such an application is considered by the service within 30 days from the date of receipt of the document. The debtor will be notified of the authority's decision, and if it is positive, the accounts will be unblocked.

The second option assumes that a citizen can contact the creditor, partially repay the debt, ask him to withdraw the demand and allow him to pay off the debts.

The third option assumes that the citizen draws up a statement of claim in which the bailiff service will be the defendant. In this case, there is a possibility of appealing the blocking decision, as well as a reduction in the amount of monthly write-off. However, the trial takes quite a long time, which makes the method unacceptable for those users who do not have any income other than wages.

It should be remembered that the ban on using the account can only be lifted at the initiative of the FSSP.

Forced withholding of citizens' funds must be carried out in strict accordance with the law. To find out which accounts bailiffs cannot seize, you need to know the intended purpose of the proceeds to citizens.

Grounds for seizure of assets in banking organizations

In which banks do bailiffs not seize accounts? The only basis for seizing the assets of citizens in financial organizations will be a resolution that can be issued by bailiffs after receiving documents from the claimant. The decision and writ of execution will indicate the amount to be withheld from a person’s income until the debt is fully repaid.

Every resident of the country has the right to use any financial instruments in domestic and foreign banks, as well as issue debit and credit cards. Restriction of such a right by law is not permitted. If, during enforcement proceedings, the debtor's assets are seized, this requirement applies to assets placed in bank accounts.

In which bank should I open an account without being arrested by the bailiffs? This depends on the nature of the actions of FSSP officials, who have the right:

carry out search activities regarding the property and finances of debtors;
send a request to seize assets in the bank where the finances of these persons have been identified;
control whether the ban is imposed in accordance with the legal requirement.

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Thus, if the bank receives a legitimate request from an FSSP employee, it is obliged to fulfill it in strict accordance with the instructions - to impose a restriction and carry out forced write-off.

What happens if the bailiffs do not know which banks the debtor has chosen to store or receive his income? This situation may well exist in practice, because banking organizations in the country number in the thousands, and FSSP employees, even if they want, cannot send documents to every bank.

Consequently, even choosing a specific bank will not avoid withholding if FSSP officials find out about the presence of a person’s assets in it. The most reasonable choice would be to choose a credit institution in another region, or one that is not on the list of banks most in demand among the population.

Which accounts can avoid seizure of funds?

Clients of credit institutions have the right to open any bank accounts provided for by its internal rules. However, they may have a specific purpose for receiving strictly defined payments or transfers. The nature of the proceeds will determine whether the funds can be seized.

What financial instruments are immune from forced lien? To do this, it is necessary to establish how bailiffs determine the maximum amount of recovery by court decision, and what part of the proceeds can be withdrawn without the consent of citizens?

Important! The law establishes that a person does not have the right to withhold more than 50% of his income. Moreover, there are certain types of income that are not subject to restrictions under any circumstances.

What types of payments cannot be seized in financial institutions? Such transfers include:

payments for the child: alimony, benefits, compensation for treatment, etc.;
payments related to compensation for harm to the health and life of citizens;
compensation and social benefits;
other similar types of translations.

Such income has a specific purpose that does not allow the general rules of enforcement proceedings to be applied to them. If bailiffs seize such proceeds, the debtor has every right to file a complaint with the court or addressed to a higher-ranking FSSP officer.

How will the designation of such payments affect the restriction of bank accounts? If a client of a financial organization indicates, when opening or preparing a card, its purposeful nature (for example, to receive alimony from the second parent), this will be the basis for exemption from the imposition of prohibitions.

How to return illegally withdrawn money

What should you do in a situation where your card is illegally seized, to which payments are transferred, from which deductions should not be made at all? In this case, you need to file a reasoned complaint with the enforcement service or the court.

To apply, you need to collect the following package of documentation:

certificates confirming the special targeted nature of payments;
forms indicating the actual transfer of these funds;
statements from a banking organization certifying the fact of imposing a restriction or actual withdrawal of money.

Note! A bank statement must confirm the intended purpose of the open instrument, which did not allow for the possibility of forced debiting of money in favor of the creditor.

You can file a complaint either to a higher official of the bailiff or directly to the court. It is recommended to indicate in the text of the appeal the illegal nature of the procedural measure, which violates the legitimate interests of the applicant.

Based on the results of the consideration, the court will determine the illegality of the procedural actions and will cancel the imposed ban. At the same time, the decision of the employee of the enforcement agency is subject to cancellation, and the applicant receives the right to return the withheld funds.

To receive money, you must obtain from the court a certified extract from the decision, as well as a writ of execution. These documents must be presented to the executor service for voluntary transfer of withdrawn payments. If such actions are not completed, the claimant can contact the local department of the federal treasury to receive money from the state budget.

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.

We were faced with the collection of such fines by bailiffs on the accounts of drivers and the bank cards associated with these accounts. But how legal is it for bailiffs to write off fines from a card, which banks do not write them off, and which are at risk for the driver, how does the process of such writing off work? Let's find out about this in questions and answers.

When does the fine go to the bailiff?

By law, almost all fines are subject to the following terms:

10 days to appeal,
another 60 days for payment.

Thus, you are required to pay the fine within 70 days after receiving a copy of the decision in hand or by mail, unless you appeal it. If you contest, the period is extended until the decision of the person considering such a complaint comes into force.

And after these 70 days, if you have not paid the fine, then it may go to the bailiffs. In practice it goes away much later.

What's going on with the bailiffs?

The bailiff offers to voluntarily pay the fine to the appropriate person at your registration address, giving you a reasonable time to comply with its requirements. Usually it is 5 days.

And then your fine will be displayed in the production data bank on the FSSP website.

So, what is next?

Then, after the initiation of enforcement proceedings (hereinafter referred to as “IP”), the bailiff has the right, by law, to collect the amount of the fine plus 1000 rubles forcibly:

at the expense of property,
against the funds that he finds on you (yes, just like street punks on the street),
from your cash account or from a bank card.

How is money debited from the card?

The law gives the bailiff the right to apply for debt to the banks where you have an account - the Federal Law “On Enforcement Proceedings” in its Article 8:

1. Executive document on the collection of funds or their arrest can be sent to the bank or another credit institution directly by the creditor.

And this happens as follows:

first, the bailiff requests from banks (each separately, and that is why there is a possibility of opening a card in a bank from which bailiffs do not write off fines) information about the availability of the debtor’s accounts, providing all his personal data for identification;
the bank responds to this request;
if the response from the bank is positive, the bailiff sends a writ of execution and an application to collect funds from the debtor’s account in the amount of the debt for fines;
the bank transfers the specified amount of money to the bailiffs, notifying you about this via mobile banking or in another way (not necessarily an official letter).

What if there is no money on the card?

But if the funds on your card are not enough to write off the entire amount of the debt, then part of it will be written off. Or nothing at all when the balance on your card is zero.

But when the money arrives on the card, it will be sent as a priority to the bailiff service, and not to you. In priority, this means that you will not be able to manage this money, even if it is not written off immediately, since the specified amount will simply be blocked as a deduction by the bailiffs.

Why am I not receiving notifications about blocks?

Everything is simple here! A number of banks have automated the system for requesting data about clients and their accounts and cards from bailiffs. Thus, the bailiff can automatically write off fines from the card.

Unfortunately, such automation does not work very well for the bank client - often notifications about such write-offs do not come in the form of SMS and other notifications, and you can only find out about a fine being written off from the card by checking the balance and seeing a statement about the reasons for the write-off. This is how, for example, Alfa Bank works.

Is a bank account seized?

Most often not. It is enough for the bailiffs to impose a block on the specified amount, and when writing off debts from the card, this is what should happen.

And accounts (including settlement organizations and entrepreneurs) are usually arrested if they fail to comply with tax laws regarding filing returns, submitting the necessary notifications and other violations of the Tax Code.

However, there are reviews on the Internet, where, for example, the banks Sberbank and VTB 24.

Can fines be charged to a credit card?

They can, but only if it is money in excess of the loan. Simply put, a credit card usually has a negative balance when you use the bank's money so lent out to you. If you do not use credit money, but, on the contrary, invest your own money on top, then the card balance will be positive.

And only in this case can the bailiffs write off your money specifically.

Article 72, part 2. It is not allowed to foreclose on the debts of the debtor on funds located in a nominal bank account or accounts owned by the debtor.

The logic of the legislation here is simple: credit money is the bank’s money, not yours, and the bank gives you the right to use it as a result of an automated agreement concluded with you at the time and after you enter your PIN code or swipe your card through a magnetic reader. But the bailiffs cannot write off this money from the card.

The only exception here is not a card, but an account, for example, for a car loan, where your car is used as collateral. Then only to secure obligations to this bank itself, money can be written off, and only when it is impossible to take away the collateral property itself from you (Part 1 of Article 72 of the Federal Law “On the FSSP”).

Why is my card being driven into negative territory, are banks giving me a loan or an overdraft?

The expression “to drive the card into the red” is not entirely true here, although at first glance it looks exactly like that.

The fact is that no one will open an overdraft or a line of credit for you in case of fines being written off from the card by the bailiffs - the bank will not agree to such generosity. It’s just that the system itself displays the balance in such a way that it looks like a negative balance. But in fact, the minus in this case means your debt to the bailiffs, not to the bank. And this means that you can manage money on the card only after you deposit money and bring the balance to zero. And only after you put money on the card, the debit will occur, and in no case at the moment the minus is installed.

The above is true both in the case of a debit card with a zero limit and in the case of a card with an overdraft - don’t worry, the bailiff will not force you into an overdraft.

Which banks do bailiffs usually not write off fines from?

And now we come to the main question of our article. To answer this, we monitored reviews and forums for most popular banks in our country and found out in which banks bailiffs do not write off money, and in which they write off money very often.

But keep in mind that the information here is based only on reviews from bank customers themselves, and not official data, so it may not be accurate. Moreover, the situation with such write-offs can change at any day, and it cannot be said that it is 100% relevant as of October 29, 2019.

In general, any bank is obliged to provide an answer about the availability of the debtor’s accounts and cards, as well as to comply with the requests of the bailiffs to impose blocking of money (for fines and other debts) and seizure of such accounts. But there are banks that ignore such requests, despite a substantial fine of 50 thousand rubles for this. And not all bailiffs bother with punishing banks for such neglect.

Banks from which, according to reviews, bailiffs do not write off money

Which banks always write off money?

These banks include the following.