In this article, we will consider such a problem as the arrest of an account by a court decision. Or rather, the situation when bailiffs initiate enforcement proceedings and send to the bank a decision to seize the debtor's funds. According to Article 81 (paragraph 3) of the Law "On Enforcement Proceedings", the bank is obliged to immediately execute the decision. And he performs such that you sit and think: "Idiots work in this bank, or is this state of affairs very beneficial to them?" I understand when the arrest is imposed on the funds on the personal account of the depositor (debtor under the decision). This is his personal money. But when the bank seizes credit card!?

Let's consider the following situation: The borrower has several loans in different banks. According to one of them, a lawsuit was filed and, after a court decision, enforcement proceedings were initiated. The bailiffs sent a decision to the bank to seize the funds. The borrower did not have personal accounts in this bank and the bank arrested the credit card account. When it's time to contribute monthly payment The borrower was unpleasantly surprised by the fact that the bank refused to accept money from him, arguing that the card was arrested by bailiffs. Moreover, the bank accepted the first payment, but refused to credit it to repay the loan, and then refused to accept funds from both the borrower and third parties. But he continued to regularly accrue interest, and even a penalty. And when I received a claim from the borrower about the illegality of such actions, I was very surprised. After all, he believes that he is absolutely right and was obliged to impose an arrest. But is the bank right? Let's figure it out.

The fact is that the arrest is not imposed on the card or account, but on the funds in this account. This means that the bank does not have the right to make debit transactions on this account and is obliged to direct all funds available on the account and incoming to the account (within the amount of the arrest) to pay the debt. And if it were the personal account of the Borrower (debit card, deposit account, prepaid card), then everything would be legal. But a credit score is not bank account, since it is intended solely for accounting and reflecting operations on the movement of funds within the limits of the loan amount (withdrawals, receipts, interest accounting, etc.). There is a lot of evidence for this in judicial practice at various levels. Here we should again talk about some features plastic cards and methods of providing loans.

According to the classification presented in the Regulations of the Central Bank of December 24, 2004 No. No. 266 - P "On the issue payment cards and about operations performed with their use" cards can be:

Settlement (debit) card as electronic means payment is used to make transactions by its holder within the spending limit - the amount of the client's funds in his bank account, and (or) a loan provided credit institution- by the issuer to the client in case of insufficiency or absence of funds in the bank account (overdraft).

A credit card as an electronic means of payment is used by its holder to carry out operations at the expense of funds provided by the credit institution - issuer to the client within the spending limit in accordance with the terms of the loan agreement.

A prepaid card as an electronic means of payment is used to transfer electronic funds, return the balance of electronic funds within the amount of funds previously provided by the holder to the credit institution - issuer in accordance with the requirements federal law N 161-FZ

From this classification, we can conclude that personal funds are only on the Settlement and Prepaid card. Moreover, on the Settlement Account they are not personal in cash funds provided by banks as a loan (overdraft). But if an overdraft has formed on such a card, then before it is repaid, the borrower must deposit his personal funds to his personal account, and until the bank transfers funds from the personal account to the credit (overdraft), cash the funds in the account are the property of the cardholder. And if an arrest is imposed on his account, then the bank is not entitled to pay (repay) the overdraft at the expense of the funds on the account.

The credit card does not contain on its account a single penny of funds belonging to the credit card holder. The account has a certain limit of funds owned by the bank, and they become the personal property of the holder when making a transaction to receive cash or make a transaction to pay for goods and services. At the same time, the cash limit is reduced, and the amount of debt increases. When the Borrower pays off the loan and deposits his personal funds to the credit card account, they become the property of the bank as soon as they have passed from the hands of the borrower to the hands of the cashier or to the ATM machine. Thus, on credit account there is never money owned by the borrower. To confirm or refute this, it is enough to read the articles and 209 of the Civil Code. The first says that a credit (loan) is money transferred to ownership, and the second defines the concept of property, according to which it is the right to own, use and dispose. And this right arises only from the moment you receive cash (or pay for the goods, which also becomes your property). Therefore, it is impossible to impose a lien on a credit account. And if you deposited funds to your credit card account at an ATM, or came to the cashier and paid a monthly payment to the cashier, then the bank is obliged to recalculate your credit debt and your available limit. There is no question of any arrest of a credit card. In both the first and second cases, the bank is obliged to accept the funds and has no right to refuse, since the obligation to receive and credit funds to pay for obligations under the loan agreement is a condition of the agreement and an obligation defined by banking legislation.

Many people think that the only obligation of the bank, arising from the loan agreement, is the obligation to issue a loan. But, it's not. The Bank undertakes to accept funds, make settlements in accordance with the instructions of the Central Bank, communicate information to the borrower, and comply with the terms of the agreement. They refuse to accept your money and say that this is how it should be. Meanwhile, the bank, in addition to refusing to accept the proper fulfillment of the loan obligation, which is a refusal to fulfill the obligation and the delay of the creditor (Article 406 of the Civil Code), violates the law (Article 845 of the Civil Code), since it is obliged to ensure the receipt, and therefore the acceptance funds in any amount and has no right to set the minimum possible amount of payment. According to the law, such actions are a unilateral refusal to fulfill obligations, which is expressly prohibited by Article 310 of the Civil Code of the Russian Federation. In addition, such actions deprive you of the right and opportunity to fulfill your loan obligations properly, which leads to your losses in the form of interest and penalties.

But still, what to do if suddenly such a situation arose and bank employees refuse to accept money, referring to the arrest of the account? According to the actions of the bank, there are two options: 1) try to find out the bank details for paying the loan directly to the bank account. They are obliged to inform you. If they start to fence any nonsense, then submit a request in writing. Having learned the details - transfer money through another bank, from any terminal, or by mail. Be sure to indicate in the purpose of payment "to pay the loan under agreement No...." Even if the bank delays this money and it does not go to pay for the loan, this should absolutely not worry you. You fulfilled your obligations and transferred the money, and then the bank's concern (it did not ensure the transfer of money to the credit account and must be responsible for this). This is directly and specifically stated in Article 37 of the Law "On Protection of Consumer Rights", which says: " ..Payment for the services rendered (work performed) is made by cash or non-cash payments in accordance with the law Russian Federation. At the same time, the consumer's obligations to the seller (executor) to pay for goods (works, services) are considered fulfilled in the amount of the contributed funds from the moment the cash is deposited, respectively, to the seller (executor), or to a credit institution, or to a paying agent engaged in receiving payments. individuals, or a bank paying agent (subagent) carrying out activities in accordance with the legislation on banks and banking activities. "If the bank details are in the agreement, then come to any bank (by post) and say that you need to transfer money to pay for the loan. It is advisable to take the agreement with you so that there is no confusion. Then, in case the bank tries to file a lawsuit, you will have confirmation of your payment of the loan.In addition, the payment of the loan can be made by any third party (at the bank's cash desk, through another bank, or something else) and the bank is obliged to accept and credit this money precisely as payment for the loan.Otherwise it turns out that the bank sent money belonging to a third party to the account of execution under an executive document that was issued to you.In fact, it seized the funds of a third party.

2) you can file a lawsuit in court demanding to oblige the bank to accept money from you to pay for the loan. But here you need to justify everything correctly and explain (if necessary) that the arrest of a personal account cannot in any way affect the behavior of the bank in terms of the obligation to accept money from you, since the bank is obliged to accept money from you in cash and non-cash form intended to fulfill obligations under the loan agreement. And as proof of the violation, provide the court with a copy of the claim, which you must send to the bank after the first case of refusal to accept funds. In the claim, in addition, it is necessary to declare a requirement to recognize the bank as overdue (Article 406 of the Civil Code) and the resulting obligation of the bank to exclude from the calculation of the amount of interest accrued during the delay of the creditor (clause 3 of Article 406 of the Civil Code) and penalties.

There are several articles in the legislation that regulate these situations: Article 406 of the Civil Code (which I already mentioned) and paragraph 1 of Article 401 of the Civil Code of the Russian Federation: A person who has not fulfilled his obligations or has performed it improperly is liable if there is fault (intent or negligence) , except when the law or the contract provides for other grounds for liability.A person is recognized as innocent if, with the degree of care and diligence required of him by the nature of the obligation and the conditions of turnover, he took all measures for the proper performance of the obligation.

That is, if you deposited funds to an account or to the bank's cash desk, and the bank did not transfer them as payment for the loan, the bank does not have the right to charge a penalty, since you have taken all measures to properly fulfill the obligation.

Thus, if fines and penalties are accrued on the amounts that you overdue during the arrest of the account, you do not have to pay them either during the arrest of the account or after the removal of the arrest. Since the delay was due to the fault of the bank (it refused to accept payment from you), it is considered overdue and does not have the right to accrue interest during the delay and, moreover, a penalty. The delay occurred not through your fault and not through your intent, but through the fault of the bank, so the bank does not have the right to charge a penalty. Therefore, he is obliged to exclude these amounts from the calculation, and if he does not exclude them, you are not obliged to pay them.

Finishing the topic, I want to summarize: The arrest of an account is the arrest of funds belonging to the owner of the account on the basis of ownership, by a court decision. The owner of the credit account is the bank and there are no funds on the credit account at all, since it is intended solely for accounting for credit debt. Therefore, there can be no question of any arrest of a credit account. How can one arrest something that cannot be translated into a physical, material substance? And given that the loan limit is money owned by the bank, seizure is possible only in one case - when seizing the bank's accounts (but not the borrower's).

After the court decision in relation to the debtor, bailiffs begin active actions. Based on the writ of execution and resolution, they have the right to make a search for accounts of non-payers. The arrest is imposed on all accounts on which there are personal savings of the client. Can bailiffs seize a credit card if there is no money in other accounts. Do creditors have the right to disclose information about accounts, and what to do if a card with a credit limit is already blocked.

The funds on the credit card belong to the bank. The lender lends these funds to the borrower at interest. Thus, blocking money on a credit card is illegal, because the indicated finances do not belong to the debtor. As a rule, the user is not warned about the seizure in advance. The borrower receives an SMS message from the bank about the suspension expense transactions on the map.

At the request of bailiffs, the bank provides information about the current accounts of the borrower. The purpose of the accounts is not indicated, the bailiff does not know what kind of card it is, debit or with a credit limit.

Important! The seizure of credit cards is most often due to the fact that the bailiff is not informed about the nature of the finances in the accounts of the debtor.

Therefore, bailiffs can block any card, including a credit card. It is unprofitable for the bank itself to report data on credit accounts to judicial representatives. If such information is indicated, then most often due to a mistake made by bank employees.

What to do if the FSSP has seized a credit account?

• The arrest of a credit card is contrary to the legislation of the Russian Federation, but if such a situation happens, citizens need to competently defend their rights.
• First of all, the borrower needs to contact the FSSP (Federal Bailiff Service) branch and clarify the reason for the arrest. Before visiting the bailiff, it is advisable to take an extract from the bank, indicating that the account is a credit one. This extract, as well as a certificate of debt and loan agreement, are transferred to the bailiff. At the same time, an application for the removal of the arrest is submitted in two copies. With the bailiff, you will have to discuss ways to repay the debt, specify the terms and amounts of contributions. In practice, after the provision of these documents, the bailiffs remove the arrest, and the funds are returned to the plastic.
• If, after these actions, the account is not in a hurry to unblock, then the borrower needs to go to court to invalidate the decision. A claim is filed with the judicial authorities no earlier than 10 days after the application is submitted to the FSSP.

How to deposit money to a blocked credit card.

Most often, money can be arrested from a credit card at the time of replenishment of the balance. That is, the loan limit itself is not affected, all receipts are blocked, aimed at repaying the debt on the card. After depositing funds into the loan account, it takes a certain time for the money to be credited. It is during this period that funds can be withdrawn.

A borrower can deposit funds to a credit card that has been seized in several ways:

• Open an additional account for paying payments;
• Payment at the cash desk of a financial institution servicing a blocked card;
• Payment by notarial deposit.

All these methods will allow you to make a payment on a credit card, even if it is blocked, and bypass the collection from the SSP.

Advice! Cooperate with bailiffs on debt payment issues. If you know about current debts, for example, traffic police fines or unpaid taxes, then extinguish them as soon as possible. If the amount of the debt is unsustainable in order to pay it in full one-time, then agree with the bailiff on the schedule for making payments. This will save your cards from arrest, and you from worries and unpleasant situations.

Credit account freeze - user reviews.

Borrowers who have actually faced a credit card seizure by bailiffs indicate that they had to spend their time and energy on solving this problem. The bailiff searches for accounts in his region. Winners are cardholders of those banks that do not have branches in this region. Bank Tinkoff has a single office in Moscow, so bailiffs rarely make a request to this organization.

At the same time, there is the experience of borrowers who had their Tinkoff credit card blocked and the entire amount of the debt under the writ of execution was withdrawn from credit limit. Consumers did not know that money was withdrawn from the account. This was found out from the monthly statement, which contains the total amount of credit card debt and minimum payment. Such a collection of funds drives customers into a debt hole, because interest is charged on the withdrawn amount for use, and there are various programs insurance.

Sooner or later, every debtor is faced with such an unpleasant phenomenon as the arrest of a bank account. Unfortunately, if you have debts on loans, 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 one has to deal with such a situation as the arrest of credit cards, and this is a doubly unpleasant phenomenon for the debtor, he is not only deprived of funds, but will also have to repay the loan in accordance with bank agreement. Can bailiffs seize a credit card, this is the question that worries every debtor.

What does the law say

Indeed, within the enforcement proceedings the bailiff has the right to seek and seize the accounts of debtors in Russian banks. That is, after receiving court order for the collection of debts from individual the bailiff makes inquiries to various banks in order to search for his bank accounts. After that, he, within the framework of a legal requirement, provides the bank with an order to seize and recover 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 implies the question of whether the bailiffs have the right to arrest a credit card, because it does not have the debtor's personal finances, but the funds of the banking organization that it provided to the borrower under the terms of the loan agreement.

In fact, the bailiffs really do not have the right to block loan funds borrower insofar as they do not belong to him. And according to the law, only the personal property of the debtor, in respect of which enforcement proceedings were instituted, 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.

Importantly, 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.

The process of freezing 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 of forced collection of debts. The bailiff is obliged to send a letter to the address of the debtor and inform him of the initiation of enforcement proceedings within 5 days, if there was no voluntary return of the amount of money according to the executive document.

The procedure for freezing bank accounts is as follows:

1. The bailiff-executor receives a decision on the collection of debt by force against an individual.
2. The bailiff sends a notice to the address of the debtor about enforcement debt or performance 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 sends a response to the request to the bailiffs and indicates whether there are any commercial bank debtor's account.
5. If such accounts are searched for, they are seized for the purpose of subsequent write-off of funds to pay off existing debts.

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

But this issue has another side. If you own a credit card, you must 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 her, and this is primarily not in the interests of the bank. But by court order, 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 numbers of those same accounts. And after that, they are arrested. It follows that the bank can write off either the borrower's personal funds stored on the credit card account, or write off money at the time of replenishment of the account.

But even a perfect and safe bank system can give technical errors, it is at this moment that funds can be debited from enforcement proceedings by a bailiff. By the way, one cannot but say that such a situation is very rare. Indeed, money is debited from credit accounts on account of enforcement proceedings, and there is definitely no clear reason for this phenomenon, otherwise, the debtors would not have such a question whether bailiffs can block a credit card.

And, finally, it is impossible not to mention one more fact: the bailiffs receive from the bank only the debtor's accounts, that is, they do not know what their purpose is, that is, they can arrest a credit account, a credit card, debit card, contribution, salary card and the account to which the debtor receives pension payments and state benefits, alimony and others. In accordance with the law, they should not deal with this issue and immediately seize all the accounts of the debtor.

What action should the debtor take?

What to do if he found that his credit card was blocked on the initiative bailiffs. Today, detecting the arrest of a bank account is as easy as shelling pears, because the bank notifies its customers of any changes in its account using SMS messages. Therefore, if you receive a notice from a bank stating that the 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 business phone number and the reason, that is, the reason 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 arrested by mistake of the bailiff and the money is debited illegally, but this is a separate issue here, of course, you can count on a full refund. If the funds were debited from the credit account, then you must write an application for the return of borrowed funds.

There is one more nuance. You may be denied the return of borrowed funds insofar as 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 deducted money from a credit card and refused to return the money to you, you can challenge their actions in court. Only before going to court, you definitely need to resolve the issue of overdue debts, perhaps you can agree with the plaintiff on your enforcement proceedings and determine the procedure for repaying the debt, that is, conclude an agreement and provide the court with evidence that you are not evading payment debt, and determined the course of action with the plaintiff.

Further, you can go to court and demand from 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. And, therefore, you owe the bank from whose card the funds were debited, here you simply pay off the loan and forget about your debts.

If the two previous options do not suit you, then in any case you can file a lawsuit and demand that the bailiff 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 in this matter there are many nuances and subtleties, at the same time, you will receive competent legal advice.

Verification of enforcement proceedings in the FSSP database

Once your 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 installments or a certain percentage of your monthly income.

Pay attention if credit funds have been debited from bank card, then until they are credited to the account you will have to pay off the loan with the bank and here you should not evade your obligations, because you signed a loan agreement, according to which you 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 is 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 pay further with the bank, although in this case you will have to pay interest for this specified by the agreement.

The arrest of a credit card by bailiffs does not bode well: not only does the borrower lose the source financial resources, and is also forced to pay for the maintenance of a credit card under an agreement with the bank. What if the bailiffs seized the plastic card?

What does the law say?

Faced with the problem of arresting a bank account, the borrower wonders why the bailiffs blocked the card? Indeed, do bailiffs have the right to interfere in the relationship between the bank and the debtor? Let's turn to Art. 71 and 80 of the Federal Law "On Enforcement Proceedings", according to which the bailiffs have the right to arrest all accounts of the debtor.

What are the actions of bailiffs based on?

• writ of execution of the court;
• senior bailiff's order.

Another question immediately arises, can bailiffs seize a credit card, because it contains funds, owned by the bank? In this regard, the law does not give an unambiguous interpretation, since absolutely all sources of income of the borrower fall under arrest: wage, deposit, credit card, cash savings, property, etc.

On a note! The law says that the bailiffs have the right not to inform the debtor about the arrest of his credit card. Direct "freezing" of the account is carried out by bank employees after the bailiffs present a writ of execution. The debtor receives information about the arrest of a credit card, as a rule, via SMS or a call to the bank.

What should I do if my credit card is seized by bailiffs?

The first thing to remember: no panic! Despite the rather difficult situation, there is always a way out, and most often it is in favor of the borrower.

How to deal with a credit card seizure:

1. Visit your local bailiff's office. Before you go to the bailiffs, you need to take an extract on the withdrawal of funds from the card or on the "freeze" of the account. With these documents, you need to go to the FSSP department and find out about the reason for the arrest of the account.

1. Negotiate with the lender. In practice, people often take out several loans, but later repay only one of them. As a result, the second creditor goes to court, and the borrower loses access to the credit card and other accounts. The best solution would be to agree with the bank to withdraw the application or start partial repayment debt.

1. Draw up a claim. If you are sure that the bailiffs have unlawfully seized your accounts (for example, in the case of timely repayment of the debt), you should go to court against the actions of the bailiffs.

1. Pay off debts. As soon as the borrower pays off all debts, bailiffs will unblock the credit card and other accounts.

How to sue bailiffs?

Not all debtors resort to going to court, as this is the most extreme measure when other options are no longer available. In case of legitimacy claims the court will acquit the debtor.

A claim for the arrest of a credit card can be filed against bailiffs, and in some cases, against a bank if it overstates interest rate on credit.

A claim for seizure of a credit card must contain:

• information about the court (name, location);
• Full name of the senior bailiff who seized the credit card;
• Full name of the debtor or his representative;
• information about writ of execution on the basis of which the account was arrested;
• information about the court decision an identification number, date, time, place, judge's initials);
• bank contact information;
• debtor's account number.

Lawyers advise looking for loopholes in violations of bailiffs, guided by the Federal Law "On Enforcement Proceedings". The complaint is considered within 7 working days. Court hearings may be scheduled for any day within a two-month period. The verdict is issued in the form of a denial of a claim or recognition of the actions of the bailiffs (bank) as invalid.

They go far beyond the limits established, for example, for collection organizations. If an employee collection agency in the light of the changes in the legislation that have come into force, can only use methods of persuasion, then the bailiff has the right to apply to the debtor a sufficiently large set of coercive measures, in particular, to impose a penalty on the funds of the citizen-debtor.

Today, a large number of people keep money not in the form of cash notes, but on non-cash instruments. In this case, can bailiffs seize a credit card?

Measures taken by federal civil servants

Among the coercive measures, the bailiff has the right to take the following actions:

• foreclose on accounts and earnings;
• restrict travel abroad;
• seize property;
• restrict the right to drive a car;
• impose a ban on the registration of real estate and movable property;
• collect the amount of the performance fee;
• fine.

Thus, the powers of employees of the Federal Service are practically unlimited.

Foreclosure on money

In recent years, the capabilities of the Federal Service in terms of electronic document management with other services and departments have expanded significantly. For example, now it is enough to execute the bailiff’s decision electronic document, certified by electronic digital signature employee. The use of such technologies significantly increases the speed of information transfer between the bailiff and the credit institution (bank).

The search and write-off of funds takes place in several stages:

• Sending an electronic request to credit organizations.
• Getting answers. The bank's response contains information on all accounts opened in the name of the debtor, indicating the balance of each account.
• Issuance and sending of an electronic resolution on foreclosure on the discovered accounts within the amount of the debt.
• Execution by the bank of the bailiff's order.
• Receipt of funds to the deposit of the Service subdivision.
• Transferring the amount of debt to civil servants to the account of the recoverer.

The speed of debiting funds from the debtor's accounts varies depending on the specific region of the country and the efficiency of the participants in this process.

If the account is a credit

Such accounts for citizens today are not uncommon. Therefore, many are interested in whether bailiffs have the right to arrest a credit card. The answer to this question can be found in the current legislation.

The federal law "On Enforcement Proceedings" allows foreclosure on the debtor's income. These incomes include not only the earnings of a citizen, but also the funds in his accounts, including credit ones. In fact, the loan funds transferred by the bank for the use of the client are his income.

Whether the debt is written off from a debit or credit card does not matter. Since the second type of payment instruments is not uncommon today, they are often encountered in the practice of bailiffs. That is why the question of whether bailiffs can arrest a credit card if there is no money in other accounts worries many borrowers.

It is important to know that until the execution of the document sent by the bailiff or the recoverer, the debtor will not be able to use his account. If there are enough funds on the credit card or credit account to pay off the entire amount of the debt, the bank will transfer the funds immediately. Otherwise, the withdrawal of funds will continue until full repayment existing debt.

Of course banking organization will not comply with the court decision at the expense of own funds. Even though the answer to the question of whether bailiffs can seize a credit card is yes, funds will not be debited in every case. For example, if a leveraged payment instrument is not activated, the provided money limit will remain intact until the bank's client begins to make transactions on it.

How to unlock a card?

Often the amount of debt is not so great compared to the loan provided to the debtor. Therefore, if you find that your account is blocked, you should contact Federal Service. Since the answer to the question of whether bailiffs have the right to seize a credit card is yes, is it? is quite real. Indeed, with a small amount of debt, it can be repaid in cash directly at the reception of a federal civil servant. In the absence of debts, the bailiff will immediately remove all restrictions on the account.

In what case can the action of a public servant be challenged?

The question of whether bailiffs can arrest a credit card is relevant for many debtors. The law provides for such a method of debt collection, but only in accordance with the adopted regulatory legal acts.

Some citizens in cases of arrest of cash accounts prefer the path of judicial challenging of the actions of the bailiff. However, the legal basis for recognizing the actions of an employee as unlawful may be only the lack of evidence that the debtor was notified of the enforcement proceedings initiated against him. In this case, the citizen will be right, because if he did not have information about the debt, therefore, he did not have the opportunity to pay it off on time. The reference to the fact that the account is credit is unlikely to help win the process, since the actions of the bailiff are legitimate.

From all of the above, regarding the question of whether bailiffs can seize a credit card, several conclusions can be drawn:

• A government official may impose a penalty on borrowed funds.
• An important condition is the activation of the payment instrument.
• In certain cases, it is possible to challenge the foreclosure.