Current legislation does not provide for blocking a salary card. However, in practice this is by no means uncommon. Do bailiffs have the right to seize salary card in 2019?

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According to the law, the first thing he does is bailiff, executing a court order, forecloses on bank accounts and cards. Often the withdrawal of funds is accompanied by blocking of the account.

If there is insufficient funds, the debtor’s balance “goes into the minus”. But do bailiffs have the right to seize a salary card?

General aspects

When carrying out enforcement proceedings, the duty of the bailiffs is to search for property that can be confiscated to pay off the debt.

Property includes any material values, including bank accounts. Bailiffs send requests to different banks, demanding to provide the debtor's account number.

The bank is obliged to satisfy the request. But the provided data does not indicate the purpose of the account - current or salary.

It turns out that bailiffs cannot seize a salary card. They do not have the right to block it, seize it or take other actions.

But they are quite capable of seizing the account to which this card is linked. However, they do not know that the account is a salary account.

A related question arises: what part of the funds can be charged from a salary card to pay off the debt under enforcement proceedings and is such a write-off legal in principle?

Required terms

The debtor's accounts are seized as part of enforcement proceedings. The bailiff begins searching for property for recovery only after receiving a writ of execution.

This document becomes the result of the trial and the consequence of the entry into force court decision.

The immediate debtor must receive by mail a copy of the resolution on the commencement of enforcement proceedings. Five days are given for voluntary repayment of debt.

After this period, a decision is made to search for property. In this case, 7% is added to the amount of debt. The seizure is imposed on any found property belonging to the debtor.

Seizure means that the owner of the property cannot use it until full repayment debt obligations.

In particular, he cannot carry out any transactions with the seized property. In the case of seizure of a bank account, one should distinguish between concepts such as “blocking” and “arrest.”

When an account is blocked, no transactions on it are possible.

That is, you can neither withdraw funds nor top up your account. When arrested, we are talking about freezing the account. Available funds are written off against the debt, but the receipt of funds is not prohibited.

As a rule, when a seizure is made, the account owner sees a negative balance.

This reflects the amount of debt for enforcement proceedings. As money is received into the account, the minus amount will decrease.

Only when this amount is equal to zero, we can say that the debt is completely repaid. Can bailiffs seize a Sberbank salary card?

There is no difference; during the search, the presence of accounts in any financial and credit organizations is checked. The accounts of Sberbank, VTB 24 and any commercial banks where accounts are found are subject to seizure.

Types of debt

When blocking a salary card, you should first find out who initiated the procedure. Typically, the bank freezes accounts based on a decision of the bailiffs or a written submission from the court.

Legal proceedings, as a result of which cards and accounts may be blocked, are initiated in several cases:

• presence of substantial debt for;
• failure to pay prescribed alimony;
• failure to pay a fine;
• large loan debt, etc.

In any case, card blocking is preceded by a consistent process when an institution or company files a lawsuit to collect the debt.

If the court recognizes the claim as legitimate, then an appropriate decision is made. On its basis, enforcement proceedings begin with the search and seizure of the debtor’s property.

Legal regulation

The procedure for seizing cash the debtor, stored in the bank, is regulated (as amended on December 28, 2016), namely.

According to this provision, after the start of enforcement proceedings and the completion of the period for voluntary repayment, the bailiff sends copies of the resolution to search for the debtor’s accounts to the banks.

If any are found, the funds are seized in the amount of the debt specified in the executive document.

When the available funds are insufficient, the bank suspends operations on the account and carries out execution as funds arrive until the debt is fully repaid.

That is, in fact, the bailiff can seize any account discovered.

Do they have the right

According to current legislation, the bailiff has the right to seize any discovered account.

At the same time, the FSSP cannot know that the account is a salary account or that payments are being made to it.

The seizure from the account is removed only after the debt is paid in full or as directed by the FSSP.

Therefore, if an account into which funds are received that are not subject to collection is arrested, then the debtor must contact the bailiffs and provide documentary evidence of the impossibility of arresting a specific account.

In the situation with a salary account, there is no direct ban on its arrest. But since wage may be the only source of income for a citizen, the law limits the amount of withdrawals towards debt.

But, again, since the bailiff does not know the purpose of the account, you will need to contact the FSSP with appropriate confirmation. After this, the seizure from the salary account will be partially lifted.

What to do in such a situation

If the salary card, or rather the account, is still blocked, then you should contact the FSSP with preliminary preparation.

You need to obtain a certificate from the bank that a certain account (card) is used to receive salary funds. The bailiffs will offer to submit an application to lift the arrest, but this still will not get rid of the debt.

But in addition to contacting the FSSP, other scenarios are possible:

Agree with the employer to transfer funds to another bank or pay wages in cash	But another account will be discovered sooner or later, since bailiffs are now sending requests to commercial institutions. As for receiving salary in cash, having identified the place of work, bailiffs can contact the employer directly and oblige him to withhold part of the funds
Find a compromise with the lender	You can pay off the debt partially or draw up an agreement on installment payments. Enforcement proceedings will cease if the claim is withdrawn
Go to court	To receive payments and reduce the size of monthly payments. But you will have to present compelling arguments why the requirement should be satisfied

The simplest and most obvious solution is to pay off the debt. It is unlikely that it will be possible to reach an agreement with the plaintiff if the debt is accrued for traffic police fines.

After payment, the bailiffs themselves will send a letter to the bank requesting the removal of the seizure from the card.

How can you lift an arrest?

Unblocking a salary card is carried out only on the basis of a corresponding instruction from the FSSP or a court decision received by the bank.

If for some reason the lifting of the arrest is delayed, you can send a complaint to:

• court at the place of residence;
• the prosecutor's office at the place of registration;
• territorial branch of the FSSP.

A written complaint must be submitted in person or by registered mail. The request is reviewed within thirty days.

After this, the applicant is given a written positive/negative response. As is obvious, the process of lifting the arrest is far from a quick procedure.

Therefore, it is better not to allow your salary card to be blocked. To do this, you must provide the bailiffs with your address in a timely manner.

Then the court decision will be sent to the employer. The required payment amount will be charged monthly to pay off the debt before the salary is transferred to the card.

Maximum deduction amount

As mentioned above, the FSSP can recover only part of the wages as part of enforcement proceedings. More than 50% of salary cannot be collected monthly.

When proceedings concern unpaid alimony, the maximum amount of withholding does not exceed 70%.

But you also need to know about the sequence of collection. First of all, bailiffs identify bank accounts. After the seizure, funds are seized to pay off the debt.

When the bailiff knows that the account is a salary account, the maximum allowable amount is withdrawn.

If the debt is not repaid in full, a search begins for movable and immovable property. The objects found are seized, after which they are sold at the lowest price.

When, even after the sale of property, an outstanding debt remains, 50% of all income of the debtor is charged monthly, including wages, etc., except for the exceptions listed in the law.

FAQ

Questions that arise when seizing a salary card mainly concern the legality of the actions of bailiffs.

In theory, collecting wages in full is against the law.

But here a situation arises such as the substitution of terms, in particular seizure and collection. And the possibility of contestation FSSP actions somewhat controversial.

A similar situation is clearly discussed in the Ruling of the Sverdlovsk Regional Court in case No. 33-13446/2011 dated September 20, 2011.

A citizen appealed to the court, whose bank salary account was frozen as part of enforcement proceedings to return unpaid wages.

The plaintiff demanded that the arrest be declared illegal and that the amount of deductions be set at no more than 50%. The plaintiff subsequently waived his request to determine the amount of the withholding.

The bailiff did not appear at the court hearing. The court decision declared the seizure of the plaintiff's account illegal.

However, this decision did not satisfy the authorities concerned, and the bailiff appealed to the unfounded decision of the court of first instance and the incorrect application of substantive law.

During the verification of the cassation appeal, it was established that the bailiff, as part of enforcement proceedings, made a decision to seize the bank account.

At the same time, although the documents in the case indicate the debtor’s place of work, the salary account number is not indicated. The bailiff knows about the salary purpose after the seizure.

At the same time, we considered legislative provisions about partial recovery of funds.

But the bailiff in his decision only indicated the seizure of funds in a certain amount, but did not indicate the need to collect them, reserving the right not to comply with the order of collection.

Thus, the actions of the bailiff were aimed only at ensuring the execution of enforcement proceedings in terms of ensuring the safety of the discovered funds.

On this basis, the previous decision was canceled and the seizure of the salary account was declared lawful.

If without a court decision

Speaking about the seizure of a salary card (account), you need to imagine how the process of enforcement proceedings is carried out.

This cannot begin until a proper court decision is received. Only after receiving the writ of execution do the bailiffs begin to act.

First, the debtor is notified, offering to pay voluntarily. Only if payment is refused or ignored are funds debited from accounts.

Important! Without notification, the bailiff cannot begin the seizure procedure. But if the notification letter does not reach the addressee, this will not affect the progress of the enforcement proceedings.

After a certain time, the bailiffs begin the collection procedure. When a salary card is seized, you need to find out why.

Video: the bank writes off wages to pay off loan debt - what to do

When applying to the FSSP, the debtor must be provided with the appropriate performance list. In the absence of a court decision, seizure of funds and property is illegal.

Can bailiffs seize a salary card again? Yes, as soon as they receive the appropriate court decision.

Can a wife's card be blocked for her husband's debts?

In accordance with this, the bailiff has the right to foreclose only on the property of the debtor himself.

That is, in the process of searching for property, it is necessary to establish its ownership. But there are often cases when a wife’s salary card is blocked for her husband’s debts.

If this is not enough, then the spouses bear joint liability within the framework of their own property. That is, bailiffs can seize the accounts of the debtors' spouses.

But such recovery is possible only if there is an appropriate court decision.

When enforcement proceedings have been initiated only against the husband and the wife is not a co-defendant in the case, the bailiff does not have the right to confiscate her share of property and personal funds.

For example, a wife is responsible for rent arrears jointly with her husband. But if the matter concerns the husband’s unpaid loan, it is also necessary to prove that the funds were spent for the common good.

If completely

The law says that only 50%, maximum 70%, of funds can be recovered from wages. But there is a nuance here too.

It says that these restrictions do not apply when foreclosure is applied to funds in salary accounts, except for the amount of the last payment.

To put it more simply, bailiffs have the right to write off 100% of the funds stored on it from the salary account.

But 50-70% will be charged from subsequent receipts. Therefore, it is not advisable to appeal the complete debiting of money from a salary card. There is no violation of the law in this.

The formation of a debt obligation to any structure may lead to the seizure of a salary account.

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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This can happen in several situations:

• formation of debt to public utilities;
• the occurrence of arrears under the loan contract;
• debts to pay child support.

If the debt is so neglected that the matter passes into the hands of the executive service, any amount can be used to pay off the debt. material goods belonging to the defaulter. Cash in the form of deposits, current accounts and salary projects also referred to as personal material wealth.

Financial questions

Deduction amounts

The salary account is seized in the following order:

• after the creditor’s claim, the court makes a decision on the need to return the funds;
• based on the court decision, a writ of execution is drawn up and submitted to the bank;
• The bank blocks the card.

Deductions from the debtor's personal funds must take place in a certain order, namely:

• from wages for last month can't be held any longer 50% (some cases include 70% );
• funds accumulated in the salary account for previous months can be withheld in favor of repaying the debt in full.

Situation with funds

This situation is unpleasant, but not insoluble.

There are at least 5 ways to find a way out of this unpleasant situation:

• Arrange a meeting with bailiffs. To do this, you need to find out in advance from the banking institution the reason for the blocking, and if the matter really is in the executive decision, then you need to go to the bailiffs with a statement requesting to lift the arrest.
• Have a conversation with your superiors. You can ask to transfer wages in cash if there is a cash register at the place of employment. This will avoid cooperation with the bank. However, bailiffs can also reach the place of employment, obliging executive decision transfer part of your salary to the debt.
• Arrange a meeting with the lender. Negotiations with the creditor and partial repayment of the debt may force him to withdraw the lawsuit and return the progress to the neglected paperwork.
• File a claim in court. This is an acceptable option for individuals whose income is not limited to wages.
• Full payment of all debt.

If the decision to cancel the seizure is made, and the card is not unblocked, the cardholder can contact the appropriate authorities:

• territorial department of the prosecutor's office;
• regional SSP;

Any of these organizations will review the complaint within 30 days and make an appropriate decision.

Seizure from a salary account is granted when the bank receives a corresponding court decision

Debt write-off

When a card is seized, the card owner may have questions about the absolute debiting of funds from the account. Absolute deprivation of the debtor of all means of subsistence has no legal basis. Writing off debt from a payroll card is possible if the debtor has no other income to pay off the debt.

This is possible if:

• If the owner of the salary card has a loan from this bank, namely debt under a loan agreement. Write-off is possible if this condition is specified in the loan agreement.
• The creditor went to court to force the debtor to fulfill his debt obligations. The court must issue a ruling to allow money to be written off from the debtor’s card.

Even the court has no right to collect debt from:

• card salary in an amount equivalent to more than 50% monthly income;
• from cards for crediting social assistance (child support, alimony, maternity capital).

Additional questions may arise in a situation where the bank credits money from different origins to one card. Such an account may be seized with subsequent collection of funds if the cardholder does not amend the case in a timely manner. To do this, you need to apply to the court, as well as to the prosecutor's office to verify proper compliance with the law.

It is not uncommon for borrowers credit funds do not familiarize themselves with all the clauses of the loan agreement. The loan agreement contains information about the possibility of writing off interest and debt from the salary account.

If the debtor finds himself in a similar situation, he can act in this way: try to draw up a debt restructuring agreement with the bank. It provides for the bank to write off part of the interest, as well as to collect wages at the level 20%-30% from income, which can significantly ease the debtor’s lot.

Can bailiffs seize a salary card?

In search of a source of debt repayment, bailiffs send requests to financial institutions to obtain information about the financial affairs of the debtor. However, the bank undertakes the obligation to maintain banking secrecy. For this purpose, only information about the account number of the defaulter is transmitted to the bailiffs. In this case, the target orientation of the account is not indicated.

The law does not provide for the seizure of a salary account, but this mistake is repeated many times, since bailiffs do not have information about what type of account they work with (current, credit, salary).

Is it legal

The seizure of salary projects by bailiffs is not legal, however, as a result of the factors mentioned above, such a situation is possible. Unlike a salary card, a regular payment card may be arrested and blocked.

The powers of a bailiff do not include:

• blocking funds on the card where wages are transferred;
• confiscate the salary receipt card;
• carry out any manipulations related to the salary of the defaulter’s card.

The salary account and the finances in the account are subject to seizure, but not the bank card directly for depositing wages. Blocking this card is prohibited by law. However, it is possible to recover a certain amount of money from wages in favor of the debt.

The penalty should be no more 50% from the total amount of the debtor's wages. Even if the debtor has obligations to several structures, the total amount of penalties will not exceed 50% from the amount of wages.

The salary deduction percentage can be reduced in several situations:

• raising a child by a debtor up to 18 years old(the recovery percentage will decrease up to 30);
• the debtor is a single parent (percentage decreases up to 25).

Along with a bailiff, restrictions on the use of personal funds can be imposed by:

• tax authorities;
• customs authorities;
• courts;
• Federal Service for Financial Monitoring.

Response actions

Having received confirmation of the seizure of the card, you need to familiarize yourself with the law “On Enforcement Proceedings”. It is important to know the rights and restrictions in the actions of bailiffs. The law describes situations in which account blocking is possible. This information will help protect yourself from unlawful actions of bailiffs.

In individual situations, it is possible to remove the seizure from the account. However, only a specialist can shed light on a specific situation.

The response to card blocking should be as follows:

• A payroll certificate is obtained at the place of employment.
• Fill out a statement about the bailiff's error, attaching a certificate from the place of employment.
• If the complaint is refused or ignored, the next step is to contact the OSP service of the Federal Bailiff Service. The appeal can be made in the form of a registered letter with notification.

If you have a document confirming your salary assignment bank card, the card must be unlocked. Debt collection will be carried out using methods that do not contradict the law.

When submitting all types of documents, it is important to have duplicates marked by the receiving party. If an error is made, this will help prove that the cardholder filed a complaint.

How to avoid

Seizure of wage accounts is not uncommon today. There may be several reasons for this. The difficulty is that for most citizens the salary card is the main source of income.

In search of a source of debt repayment, bailiffs can contact:

• Directly to the employer. In this case, the plastic bank card will not tolerate any manipulation, but the amount received on it will be significantly reduced, since, based on the writ of execution, the accounting department will send part of the salary to the debt.
• IN banking institution followed by blocking of funds on the card.
• To the debtor's property. Bailiffs can come to the debtor’s home and confiscate part of the property in favor of the debt. In this case, it is useful to know the list of things that are not subject to seizure: residential premises, if it is the only place for the debtor and his family to live, personal belongings, household items without which normal existence is impossible, items necessary for the debtor in the workplace.

To avoid such troubles, you should not wait until the debt level reaches the level at which accounts are blocked. Bailiffs need to transmit all information about the work in advance, as well as repay the debt on time. Troubles can be avoided if you take the situation into your own hands at the initial stage.

They are one of the most loyal and attractive on the market; in particular, there is no fee for card maintenance.

The bank blocked the salary card without a court decision - how to challenge such a decision, advice from lawyers will tell you.

Sooner or later, every debtor is faced with such an unpleasant phenomenon as the seizure of a bank account. Unfortunately, if you have loan debts, public services or just fines from the traffic police, the arrest of your account is guaranteed in any case, at least if any bank account or deposit is opened in your name. But often you have to deal with such a situation as the seizure of credit cards, and this is a doubly unpleasant phenomenon for the debtor; he will not only lose funds, but will also have to repay the loan in accordance with banking agreement. Can bailiffs seize a credit card? This is the question that worries every debtor.

What does the legislation say?

Indeed, within the framework of enforcement proceedings, the bailiff has the right to search and seize the accounts of debtors in Russian banks. That is, after receiving court order on debt collection from individual The bailiff makes inquiries to various banks in order to search for his bank accounts. After which he, within the framework of a legal requirement, provides the bank with a decree on the seizure and collection of funds.

If you say the same in simple words, that is, the bailiff has the right to demand from the bank the debtor’s funds, namely the money that is stored in the accounts of an individual and belongs to him. This leads to the question of whether bailiffs have the right to seize a credit card, because there is no personal finance the debtor, and the funds banking organization which she provided to the borrower under the terms of the loan agreement.

In fact, bailiffs really do not have the right to block the borrower’s credit funds insofar as they do not belong to him. But according to the law, only the personal property of the debtor in respect of which enforcement proceedings have been initiated is subject to recovery. That is, within the framework of enforcement proceedings, the bailiff has the right to recover funds and property belonging directly to the debtor.

It is important that bailiffs do not have the right to seize credit cards insofar as the funds are the property of the bank and do not belong to the debtor.

Process of seizing bank accounts

In fact, the initiation of enforcement proceedings should not be an unpleasant surprise for the debtor, because each of them has a real chance to pay off debts before the start of the process forced collection debts The bailiff is obliged to send a letter to the debtor's address and inform him about the initiation of enforcement proceedings within 5 days, if there has been no voluntary return of the amount of money in accordance with the enforcement document.

The procedure for seizing bank accounts is as follows:

1. The bailiff receives a decree to forcibly collect the debt against an individual.
2. The bailiff sends a notice to the debtor's address about the forced collection of debt or the fulfillment of other obligations.
3. In the event that the debtor has not fulfilled his obligations, the bailiff sends a request to commercial banks in order to search for the debtor’s funds.
4. The bank provides the bailiffs with a response to the request and indicates whether this or that commercial bank debtor's accounts.
5. If such accounts are found, they are seized for the purpose of subsequently writing off funds to pay off existing debts.

Please note that the arrest is imposed for the purpose of subsequent collection, that is, funds, if any in the account, are immediately transferred to the account of the bailiff, who, in turn, transfers them according to the writ of execution.

But there is another side to this issue. If you own a credit card, you should imagine that it has a negative or zero balance because you are using borrowed funds from the bank. Accordingly, in practice, bailiffs cannot write off money from it and this is primarily not in the interests of the bank. But by court decision, bailiffs send a request to the bank specifically for the purpose of finding an account. That is, the bank directly transmits information in the form of account numbers. And after that they are arrested. It follows that the bank can write off either the borrower’s personal funds stored in the account credit card, or write off money at the time of replenishment of the account.

But even a perfect and safe bank system can produce technical errors; it is at this moment that funds can be written off against enforcement proceedings by a bailiff. By the way, it must be said that such a situation is very rare. Indeed, money is written off from credit accounts for enforcement proceedings, and there is definitely no clear reason for this phenomenon, otherwise debtors would not have the question of whether bailiffs can block a credit card.

And finally, we cannot help but mention one more fact: bailiffs receive only the debtor’s accounts from the bank, that is, they do not know what their purpose is, that is, they can seize a credit account, a credit card, debit card, deposit, salary card and account into which the debtor receives pension payments and state benefits, alimony and others. In accordance with the law, they do not have to deal with this issue and immediately seize all the debtor’s accounts.

What measures should the debtor take?

What to do if he discovers that his credit card is blocked by initiative bailiffs. Today, identifying the seizure of a bank account is as easy as shelling pears, because the bank notifies its customers of any changes to its account using SMS messages. Therefore, if you receive a notice from a bank indicating that your account has been seized, you need to immediately visit a financial institution. Your task is to find out who blocked the account and for what reason. Undoubtedly, the bank will not tell you the reason for the arrest of the account, but it can give you an extract indicating the last name, first name and patronymic of the bailiff, his official telephone number and the basis, that is, the basis for the arrest and his number.

Next, you should contact the bailiff service and find out the reason for the blocking, because it happens that the account was seized by mistake of the bailiff and the money is written off illegally, but this is a separate topic here, of course, you can count on full compensation for losses. If the funds were debited from the credit account, then you must write a statement for the return of the borrowed funds.

There is one more nuance. You may be refused to repay the borrowed funds insofar as the bailiffs are interested in repaying the debt as soon as possible, but the debtor himself can go to court and recover his money.

How to sue a bailiff

So, if the bailiffs wrote off money from your credit card and refused to return the money to you, you can challenge their actions in court. But before going to court, you definitely need to resolve the issue with the overdue debt; perhaps you can come to an agreement with the plaintiff on your enforcement proceedings and determine the procedure for repaying the debt, that is, enter into an agreement and provide the court with evidence that you are not evading payment debt, and determined the course of action with the plaintiff.

Next, you can go to court and demand the bailiff to return borrowed funds jar. On the other hand, you may not do this, because the funds were written off to pay off your debt. This means that you owe the bank from whose card the funds were written off; here you will simply pay off the loan and forget about your debts.

If the previous two options do not suit you, then in any case you can file a claim and demand from the bailiff to return the loan funds. To do this you need to go to court general jurisdiction and compose statement of claim. By the way, it is better to turn to professionals, because there are many nuances and subtleties in this issue, and at the same time, you will receive competent legal advice.

Checking enforcement proceedings in the FSSP database

Once your statement of claim is ready, you can file it with the court. In court, you will need to insist on the return of funds to the card account insofar as they do not belong to you and are the property of the bank. You have a chance of a positive court decision, but again you will need to determine the procedure for repaying the debt, for example, you can agree with the bailiff to repay the debt in parts or a certain percentage of your monthly income.

Please note that if the credit funds were debited from a bank card, then before they arrive in your account you will have to pay off the loan with the bank and here you should not shirk your obligations, because you signed loan agreement, according to which they are required to make monthly payments to pay off debts.

To summarize, bailiffs have every right to seize the debtor’s bank accounts; this action falls within the framework of the current legislation on enforcement proceedings. But on the other hand, the bank is not obliged to pay for you, and you can demand the return of illegally debited credit funds from your bank card. In another option, you can leave everything as it is and continue to pay the bank, although in this case you will have to pay the interest specified in the agreement for this.

Unfortunately, in life sometimes different situations happen. Therefore, almost no one is insured against debt obligations. But what happens if a person takes out a loan from a bank and then stops repaying the debt, does not pay child support for his child, or has other debts to other persons? In such a situation, the matter often ends with the bailiffs coming into action, who carry out their activities in accordance with the decision of the judicial authority that has entered into force. Based on the current writ of execution, civil servants begin to search for the property and accounts of debtors. But can bailiffs seize a citizen’s salary card if this is his only income and he simply has no other income? And what should a person do in this situation? The answers to these questions will be written in this article.

What is important to know?

Who are bailiffs and on what basis do they carry out their activities? Many citizens who have debt obligations are interested in this question. So, bailiffs are civil servants who are engaged in the enforcement of court decisions that have entered into legal force. They have quite a lot of powers. Bailiffs can even freely enter the premises occupied by debtors. In addition, they have the right to search for the property of the latter. In this case, the bailiffs send requests to the tax, registration chamber, traffic police and banks, after which they seize existing property and accounts.

How does it work in practice?

If enforcement proceedings are opened against a person, first of all, bailiffs send a request to the bank to establish whether the citizen has any accounts or funds that could be used to pay off the debt. If the answer credit organization is positive, then all of the person's cards will be seized. The funds from them are transferred to the claimant.

In this situation, many citizens are wondering whether bailiffs can seize a salary card? Of course, a person's only source of income cannot be blocked under any circumstances. However, banks do not provide bailiffs with information about which card is opened in the name of the debtor (salary, savings or credit). Therefore, the latter seize all existing accounts.

What to do?

What should a person do if the bailiffs seized a salary card? What to do if it is not possible to fully repay the existing debt?

As a rule, wages are the only source of livelihood for many citizens who do not have additional income. Therefore, if a person learns that the card to which his salary is transferred has been seized, he must immediately contact the bailiffs and write an application to lift the seizure, indicating the reason.

This document is prepared in free form addressed to the head of the service department. However, before writing an application to remove the arrest from the card, you need to obtain a statement from the bank stating that this account is a salary account. The document received from the credit institution should be provided to the bailiffs. In addition, it is important to remember that the arrest will not be lifted immediately, but after a certain time.

Part of the amount

If the debtor does not have property that can be foreclosed on, and he does not have his own source of income, then the bailiffs most often close the enforcement proceedings. But how does debt repayment occur if a person works in a certain place and receives a salary?

In this example, the bailiff transfers the document to the enterprise where the debtor works. After receiving the writ of execution, the accountant sends an official confirmation of receipt to the employee within three days. In the future, the amount of debt is already withheld as a percentage of the person’s income. That's the order.

Here we should not forget that according to the law, no more than fifty percent can be withheld from wages to pay off existing debt. Sometimes transfers of funds even reach 70% (for example, if this concerns payments of funds in the event of the loss of a breadwinner, when the death of the latter was due to the fault of the debtor).

Various options

So, people who are wondering whether bailiffs can seize a salary card to enforce a court decision must know that the latter are authorized to do this only when a person does not pay the debt on his own. After all, as mentioned earlier, employees cannot know that they have blocked exactly the debtor’s account to which the company transfers his earnings.

If a person voluntarily complies with a decision of a judicial authority, then the bailiffs will never seize his accounts, since the person pays the money on his own. In addition, in a number of cases, the debtor has the opportunity to reach an agreement with the collector, and the latter does not hand over the writ of execution to the bailiffs for work. In this case, funds are also transferred by the person voluntarily.

Deadlines

After initiating enforcement proceedings, bailiffs send the person a resolution offering voluntary repayment of the debt. As a rule, the latter is given five days for this. If during the specified period the funds are not paid voluntarily, the bailiffs will begin to do their usual work - to find out whether the debtor has property and funds to enforce the court decision.

Bailiffs seized a salary card - what should the debtor do in this case? If it is possible to repay the debt in full, then you can make this amount to a blocked account. Thus, these funds will be automatically debited from the card, and the arrest will be lifted.

But some people prefer not to specifically repay existing debt, but simply to block accounts and open new ones in another bank branch. So, this option not as effective as it might seem at first glance. After all, when conducting enforcement proceedings, bailiffs will be able to make a request again to any bank at any time. commercial organization in this case it will display information about all open accounts in the name of the debtor. In turn, officials will arrest them again.

Questions

There is no need to be afraid of bailiffs, because they are people just like debtors, they are simply doing their job. However, no one particularly wants to communicate with representatives of the law. Many debtors turn to professional lawyers for help and want answers to many questions. For example, can bailiffs seize a salary card if, in addition to the main income, other funds (pension, scholarship) are transferred there? The answer here will be yes if the account belongs to the debtor. But after the citizen provides the bailiff with a bank statement, which will confirm that the card is a salary card, the arrest is lifted. In addition, collection cannot be applied to the following payments:

• survivor pensions;
• maternal capital;
• child benefits, alimony.

Can a salary card be seized for debts if part of the debt has already been repaid? They have the right to block this account. After all, as mentioned earlier, the bailiffs do not see the name and do not know the purpose of the debtor’s current cards. In this case, you need to come to the service department, write an application, and also provide a certificate from work confirming your official income. After this, the arrest will be removed from the card, and 50% will be withheld from your salary every month until the debt is fully repaid.

What are the executors of court decisions guided by?

Bailiffs are conducting enforcement proceedings on the basis of October 2, 2007 No. 229-FZ. In this case, the latter must act only within the framework of existing legal norms. But due to the fact that currently bailiffs are vested with significant powers, they themselves often become violators of the law.

When carrying out forced collection of a debt, another 7% is added to the amount of debt - this is an enforcement fee.

What other cases are there?

Almost everyone knows that property acquired by spouses during a legal marriage is considered joint property and is divided in half upon divorce. But what about debts? What to do if the bailiff seized the wife’s salary card because her husband did not repay the bank loan? In accordance with current legislation, such an action by bailiffs is unlawful, because the debts of one of the spouses are only his debts. Moreover, if the funds taken from the bank were spent not on the needs of the family, but on personal goals. In such a case, it is best to file a complaint with the court against the actions of the bailiff.

Conclusion

So what can we sum up here? Do bailiffs have the right to seize a salary card? According to the current law, these persons can block any account belonging to the debtor. This usually happens in cases where a person refuses to transfer funds to the collector on a voluntary basis or even hides from the bailiffs. The latter, in turn, are obliged to comply with any court decision that has entered into force.

If the bailiffs have blocked the salary card, and the debtor has no other source of income, then you must definitely find out the reason for such actions. After all, if a citizen has paid for everything and provided receipts, then employees are obliged to immediately remove the seizure from the account, especially the salary account. If the actions of the bailiffs are illegal, the debtor will have to go to court.

In this case, it is more advisable to first consult with a competent lawyer who, if necessary, will help prepare necessary documents and represent interests in court.