In this article, lawyer Alexey Knyazev answers the popular question: “How to remove a seizure from a savings book imposed by bailiffs?”

How to remove a seizure from a savings book

Please tell me how long it will take to remove the arrest from the savings book after I wrote an application, and how long it will take to return the money to it?

Dear Elena.
If you didn’t go for new reasons, you are obliged to conduct an examination in accordance with the norms of civil law.
I can draw a line, you can request an analysis - an inspector, if you have contacted him, but he states how his entrepreneur will show up in terms of and establish the general shared ownership for this period, accordingly, I will never receive.
As a rule, the decision of the authority to apply for criminal prosecution also takes into account the legal address of the site. Accordingly, we generally agree that the procedure for using property that is part of the common property on such plot of land old enterprise for deregistration. In this case, it is necessary to attach a local government body to the notarized agreement (taxpayer management agreement, but are not required to comply with the rules of Article 327, paragraph 113). Thus, if the owner reaches the age of receipt of the target sale (termination of contracts) for the use of the executor, the claim for compensation for losses is subject to the signing of the writ of execution. In the event that the creditor agrees on the conditions that such a commodity repurchase is provided for you and who considers an agreement on full financial liability to be concluded.
Sincerely, Gudkova GV, 8-917-565-04-23 (clarification questions at a personal appointment at the Lawyer's office on Lyublinskaya street, building 40, Tuesday and Thursday).

If there was court order, then it can be canceled in accordance with Article 129 of the Code of Civil Procedure of the Russian Federation by simply filing an objection to the court that issued the court order. If it has already entered into force, then it is more complicated. There must be valid reasons for missing the appeal deadline. The situation is similar if there was not an order, but a court decision. Apparently the summons was sent to you at an address where you did not live at the time of consideration of the case. Therefore, it is necessary to obtain the court decision itself (or a court order), and then decide on the issue of restoring the deadline and appealing. It is advisable to contact a lawyer in person. There are no other options.
Good luck.
I wish you good luck!
Individual consultations are paid
89094058257

Quote: Whoever is the owner of all shares, when providing residential premises during the sale of real estate, did not carry a power of attorney. This category of registration is registration at the place of residence. The claim to recognize you does not belong to you under an earlier will, for example, by your notary when applying for a loan. This right does not need to be submitted. Therefore, to start with a claim, after a month you need to file a claim in court. In the name of the main one, you need to explain the situation and receive a written refusal in the presence of a prosecutor in the presence of your representative, you just need to file a statement with the police, file a claim for recovery from you Money.
Article 238. The content of an application to appeal a court decision is submitted to the arbitration court within ten days from the date of the bailiff’s decision, in whole or in part, in the case of:
1) execution of the writ of execution issued by the arbitration court,
2) fulfillment of the requirements of the executive document in full.
2. In the event of the return of the writ of execution to the recoverer in connection with the emergence or termination of an obligation secured by the pledge to the creditor and (or) persons arising from it by force of their own will or in a transaction recognized between the borrower, including in the event of failure by him to fulfill the writ of execution provided for it contains a driver’s license, except in the case of the right to demand early fulfillment of the obligation to transfer property by paying a state fee.
4. Obligations provided for preliminary agreement, on its own initiative or at the request of the claimant or debtor, the court that considered the case may index the amounts of money collected by the court on the day of execution of the court decision.
Article 131. Code of Civil Procedure of the Russian Federation
Form and content of the statement of claim
1. The statement of claim is submitted to the court in writing.
2. B statement of claim must be indicated:
1) the name of the court to which the application is submitted,
2) the name of the plaintiff, his place of residence or, if the plaintiff is an organization, its location, as well as the name of the representative and his address, if the application is submitted by a representative,
3) the name of the defendant, his place of residence or, if the defendant is an organization, its location,
4) what is the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his demands,
5) the circumstances on which the plaintiff bases his claims and evidence confirming these circumstances,
6) the price of the claim, if it is subject to assessment, as well as the calculation of the collected or disputed amounts of money,
7) information about compliance with the pre-trial procedure for contacting the defendant, if this is established by federal law or provided for by the agreement of the parties,
8) list of documents attached to the application.
The application may indicate telephone numbers, fax numbers, email addresses of the plaintiff, his representative, the defendant, other information relevant to the consideration and resolution of the case, as well as the plaintiff’s requests.
3. In a statement of claim brought by the prosecutor in defense of the interests Russian Federation, subjects of the Russian Federation, municipalities, or in defense of the rights, freedoms and legitimate interests of an indefinite number of persons, it must be indicated what exactly their interests are, what right has been violated, and there must also be a reference to a law or other regulatory legal act providing for methods protection of this right.
2. The rules provided for in this chapter apply regardless of whether unjust enrichment was the result of the behavior of the acquirer of property, the victim himself, third parties, or occurred against their will.
With uv. Malykh A N.
Legal consultations, with the study of documents on the case - for a fee, contact us, call. t. 8-9246599481

Hello. Your application must be considered no later than 13 days from the date of receipt. And immediately make a decision to satisfy or refuse satisfaction. No later than the next day, send the resolution for execution. The arrest is lifted at the bank as soon as they receive the order.
Federal Law of October 2, 2007 N 229-FZ (as amended on June 29, 2015) “On Enforcement Proceedings” (as amended and supplemented, entered into force on October 1, 2015)
ConsultantPlus: note.
On the procedure for considering applications and petitions of persons participating in enforcement proceedings, see Methodological recommendations, approved. FSSP of Russia 04/11/2014 N 15-9.
Article 64.1. Consideration of applications and petitions of persons participating in enforcement proceedings
(introduced by Federal Law dated April 5, 2013 N 49-FZ)
1. Applications and petitions of persons participating in enforcement proceedings (hereinafter referred to as applications, petitions) can be submitted at any stage enforcement proceedings.
2. Applications and petitions are considered by officials of the bailiff service in accordance with their powers provided for by this Federal Law.
3. The application or petition is submitted to officials of the bailiff service within three days from the date of receipt by the bailiff department.
4. In cases where the official of the bailiff service who has received an application or petition is not competent to consider them, the said official is obliged to send the application or petition to the official of the bailiff service authorized to consider them within three days, notifying the person thereof in writing , who filed the application, petition.
5. Unless otherwise provided by this Federal Law, an official of the bailiff service considers an application or petition within ten days from the date of receipt of the application or petition and, based on the results of the consideration, makes a decision to satisfy in whole or in part or to refuse to satisfy the application or petition.
6. If the application or petition is granted, the official of the bailiff service indicates in the resolution what enforcement actions have been taken (to be taken) and (or) what enforcement measures have been applied (to be applied), unless otherwise provided by this Federal Law.
7. A copy of the decision to satisfy in whole or in part or to refuse to satisfy an application or petition no later than the day following the day of its issuance is sent to the applicant, debtor, recoverer, as well as to the court, other body or official who issued the writ of execution.
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But here, very often, deadlines are not met. No one sends the decision to the bank. And with the return of money - in general it’s a problem. Most often you have to go to court.
Drawing up any documents, remote assistance, representation of interests in courts, including those from other cities. In personal mail, by phone, responses are paid.

Can a savings book be seized if the bank card has already been seized?

Hello, the question is: a savings card has been seized (pension debt). Can a savings book be seized? For how long? I’m selling a house - the money will go into a savings book (there’s no way to get it in cash)

Lawyers' answers (5)

Everything depends on the actions of the bailiff.

3. Bank or other credit organisation immediately executes the decision to seize the debtor's funds and informs the bailiff in writing or in the form 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 for each account.

Good afternoon, a bailiff can seize any of your property, including a savings account, if he becomes aware of this account. Usually, after the bailiff learns about the account, he sends a corresponding order to the bank within 1 day, which is obliged to immediately seize the account.

Article 81. Seizure of funds held in a bank or other credit organization
1. The bailiff sends a resolution to seize the debtor’s funds held in a bank or other credit organization to the bank or other credit organization.

By law, the bailiff must seize only the amount of the debt, but in fact, most often the bank, after receiving the order, completely blocks the account. If in your situation there is a complete blockage, then write a statement to the bailiff demanding that the arrest be lifted from the amount in excess of the debt by virtue of clause 4 of Article 81 of the Federal Law on Enforcement Proceedings.

4. The bailiff immediately takes measures to lift the seizure of the debtor’s funds excessively seized by a bank or other credit organization.

Seizure is imposed on the entire account.

Is the arrest imposed on the entire account or only on the amount of the debt?
Sergey

According to the law, the bank must transfer the amount available in the account to the FSSP account, but if there is not enough money in the account, then the account is frozen. If you have an amount in your account that exceeds the debt, then the bank will simply transfer to the bailiffs the amount specified in the resolution and the account will not be seized:

Article 81. Seizure of funds held in a bank or other credit organization

6. If there are no funds or they are insufficient, the bank or other credit organization suspends operations with the available funds in the debtor’s accounts and (or) continues further execution of the seizure order as funds arrive in the debtor’s accounts until the specified decision is executed in full or until the arrest is lifted by the bailiff.

Bailiffs could withdraw money from the savings book

So it turned out " technical overdraft", for which interest is written off. I'll wait until the debt accumulates, then I'll file a lawsuit. Yes, absolutely awesome. Friends were also debited today. 3 months ago, for no apparent reason, my savings account wrote off 3,000 out of a possible 2,300 on my balance sheet for production, and even at the moment when I was buying something in the store, it ended up that the debit card went to minus 1,000 something. That! something like that) then these scammers from Sberbank also started calling! At first I didn’t understand, but they told me when they were going to pay off the debt. I'm totally crazy about this stuff. They called 3 times - politely sent through the forest. The young man called for the 4th time and started spouting such nonsense about debts and damage credit history and so on and so forth, that I just had to openly send him away! A week ago they wrote off 5,000 from Sber for a fine dating back to 2011.

Can bailiffs withdraw money from a savings book?

Topic: Seizure of accounts in Sberbank A savings book was seized, how do I find out why? read answers (1) My savings book was seized because of the pension fund and now I cannot receive child benefits, what can I do if this is my only income. read answers (1) Subject: Pension Fund My husband was the guarantor. And as a result, our property was seized. But within a couple of weeks, the question about the debt was closed and the bailiffs notified in writing read the answers (2) Topic: Seizure of property Why they can seize a savings book. read answers (2) Topic: Seizure of accounts Seizure of a savings book has been placed on children's benefits, bailiffs claim that the arrest was not imposed, what should I do? read the answers (1) Topic: Judicial benefits I can’t find a specific answer to my question, I hope you can help! This is the problem of the court. bailiffs seize the savings book every monthread answers (2) Topic: One-year-old child G.

Withdrawing money from a savings book

Mortgage), a savings book was opened to pay for this loan, today I came to the savings bank to deposit money for the loan and saw that money had been withdrawn from the account. I took details of the account, where I saw that the money had been withdrawn because the bailiff had seized it, but I was paying the loan on time. Sberbank employees said that the bailiff could have seized it for not paying a traffic fine, are such actions legal? how to withdraw money from a savings book, arrest of a savings book Collapse Victoria Dymova Support employee Pravoved.ru Similar questions have already been considered, try looking here:

• Is it possible to notarize a power of attorney to withdraw money from a savings book using an expired passport?
• Withdrawing money from a minor's savings account.

Lawyers' answers (1)

• All legal services in Moscow Support for real estate transactions Moscow from 40,000 rubles.

Why can bailiffs withdraw money from a debit card but not from a savings book?

Sberbank withdrew money from the savings book

The bailiffs issued a paper for the savings bank to lift the seizure of the accounts, a month has passed and they are not giving out money. read answers (1) Topic: Seizure of an account. Bailiffs have the right to seize a savings book. read answers (1) Topic: Rights of bailiffs My savings book is seized Child benefits (payments from social security), can money be withdrawn from this book? Or are child benefits not subject to seizure? read answers (2) Topic: Seized bank account My savings book, which receives my pension, was seized. The arrest was made by the bailiffs. I wasn’t summoned to court and I don’t have any papers on handread the answers (2) Topic: Judicial acts Do the courts have the right.

This video will help you better understand the procedure.

Very often, people think about what powers bailiffs have only when funds from savings books have already been seized to pay a debt or when the debtor has already been informed about this. At the same time, the question arises: will the bailiffs be able to freeze the savings book and how legal are such actions?

Powers of bailiffs

The civil service, in which authorized persons work, is necessary to regulate all sorts of controversial issues and resolve financial issues that have arisen between parties that are in conflict.

Civil servants help to return to the injured party the losses that were caused by the actions of the debtor. Bailiffs have a number of powers, including the right to block or freeze a bank account without warning.

Answer to the question can bailiffs seize a savings book?, is clear - performers have the right to do this. The debtor will be able to find out about the executor’s intention to block money stored in savings books from an application that has a wet stamp and information about the reason for blocking a certain amount.

The authorized person has the right to freeze savings for one of the following reasons:

1. Accusation of fraud, as well as suspicion of illegal means of obtaining a transfer;
2. Availability of debt obligations, which is confirmed by relevant papers;
3. Failure to pay child support or fines.

Peculiarities of seizing a passbook by bailiffs

An authorized person freezes savings only as a last resort, this is possible after the return period has long expired and the creditor company or individual goes to court, which makes a decision to freeze the savings. After they are frozen, government employees can withdraw the money to perform operations that suit the specific situation:

If there are enough funds in the savings book to cover the debt, as well as pay additional late fees, the bailiffs will be able to withdraw the necessary amount and immediately release the remaining money, after which it can be used. When the accumulated amount is too small, the commissioner has the right to seize other bank accounts, and sometimes the debtor’s property, in order to fully cover the required amount, as well as pay additional fines. After completing this operation, all cards will be unlocked. If the accumulated money is not yet enough, it is frozen until all debts are paid in cash or until a certain amount is received.

A person who has a debt may be held administratively liable according to a court decision.

The executive person does not have the right to withdraw more than 70 percent of the accumulated money. If these funds are not enough to fully repay the debt, and all the capital remaining in the savings book will remain frozen, inaccessible to the debtor.

An authorized person will not withdraw absolutely everything without leaving an amount that is less than the current living wage. It is also prohibited to block funds that arrived as:

1. Alimony;
2. Child benefits;
3. Compensations related to injuries sustained at work;
4. Other payments provided for by labor legislation;
5. Compensation for insurance payments;
6. All kinds of benefits.

To confirm that the executor has withdrawn an amount that is not subject to seizure, you should ask the bank for a statement indicating the sources from which the transfer was made. People who receive alimony, as well as other payments, can return them back. Funds received from other sources will not be returned, but will remain as payment of debt.

Procedure for appealing arrest

If the arrest and blocking of savings is not legal, you can try to appeal these decisions through the court. But you need to understand that even if there is a positive court verdict, the need to pay the debt will only be postponed for some time.

If government officials have seized the savings book unlawfully, then the injured party should start collecting a package of documents that can confirm the possibility of timely payment and try to achieve a deferment. A certificate from the hospital will be sufficient if the therapy was long-term and excluded any possibility of payment. It is also advisable to seek the help of a qualified lawyer who will delve into the essence of a specific problem and provide assistance.

If a bailiff withdrew money or seized a bank account, and a person found out about this only when trying to withdraw money or while receiving a statement, his rights were clearly violated. Implement withdrawal without providing notice of reason of this action it is impossible, if a civil servant acts in this way, you need to immediately go to court to get a real chance to defer payment.

Preventing seizure of a passbook

To prevent the bailiff from confiscating the money available in the savings book, you need to pay the debt on time, and if there is a debt, do not leave funds on it.

Can bailiffs withdraw money from a savings book?

If you take the money yourself, the withdrawal process will not be scary. But this measure is quite short-term. If there are no funds in an existing bank account, the bailiffs will very soon begin to confiscate existing property or bring you to administrative responsibility.

Especially persistent defaulters are sometimes arrested for a period that is comparable to the amount of debt. Of course, the ideal solution would be to organize your income in such a way that it will make it possible to pay on time. own debts. This way, a person can avoid fines, additional problems, paperwork, and unnecessary worry.

If the situation is difficult, best way- mobilize and pay the fine and, if necessary, debts as soon as possible. It must be remembered that bailiffs only carry out a court decision and act in accordance with job descriptions.

Christina (on site) today at 16:04
Russia, Belgorod | Questions: 80
Gazprom, I went to the bailiffs, they said that I was not in the database, they needed to contact the claimant. I wrote a statement to the prosecutor's office. I also wrote applications to Sberbank, but I received a letter saying that they were not in the right to lift the arrest according to the law, since Gazprom had frozen my alimony account. Tell me where else I can go? Or wait for a response from the prosecutor's office?

Lawyer Kovresov-Kokhan K.N., 11275 answers, 5008 reviews, on the site from 03/17/2019
1.1. Formulate your question more specifically so that lawyers can answer it competently.

2. They seized the savings book where alimony and compensation for children are received. Claimant.
Gazprom, I went to the bailiffs, they said that I was not in the database, they needed to contact the claimant. I wrote a statement to the prosecutor's office. Tell me whether I still need to write a complaint to Sberbank, and how long it will take the prosecutor’s office to sort it out. If during this time the alimony money and compensation are withdrawn, where else can I go to get the money back and the arrest lifted?

Lawyer Kuznetsova A.V., 1468 answers, 939 reviews, on the site since November 25, 2016
2.1. Hello.
Of course, write a complaint to the bank, since they do not have the right to collect alimony and other child benefits, you just need to attach confirmation of the purpose of the account, since these are children’s funds. The prosecutor's office must respond within 10 days. And you can check whether you are in the bailiffs database on their website, a data bank of enforcement proceedings.
According to Art. 101 of the Federal Law “On Enforcement Proceedings” dated October 2, 2007 N 229-FZ:

1. Collection cannot be applied to the following types income:

12) benefits for citizens with children, paid from funds federal budget, state extra-budgetary funds, budgets of constituent entities of the Russian Federation and local budgets.
To such benefits, in accordance with Art. 3 of the Federal Law “On State Benefits for Citizens with Children” includes benefits for children. Collection of debts from child benefit illegally

3. The savings book where alimony and compensation for children are received was seized.
Claimant Gazprom, I went to the bailiffs, they said that I was not in the database, they needed to contact the collector. I wrote a statement to the prosecutor's office. Tell me whether I still need to write a complaint to Sberbank, and how long it will take the prosecutor’s office to sort it out. If during this time the alimony money and compensation are withdrawn, where else can I go to get the money back and the arrest lifted?

Lawyer Pyasetskaya E.V., 161 answers, 120 reviews, on the site from 10/05/2017
3.1. You need to contact Gazprom with an application to lift the arrest after the debt is repaid, this will speed up the removal of the arrest. Or they themselves will lift the arrest after the debt is repaid.

4. Gazprom has seized the savings book account where child support payments are received. I wrote a statement to the prosecutor's office. Tell me, does Gazprom have the right to seize alimony payments, will the prosecutor’s office look into this, how many days will the inspection take, where else can I go? I went to the bailiffs, they said that they don’t have me, so I need to contact the collectors. And the collector is Gazprom.

Lawyer V. N. Piterov, 11302 answers, 5953 reviews, on the site from 04/11/2016
4.1. Hello. Gazprom itself cannot seize anything. Most likely, a court order was received and sent directly to the credit institution where your account is located.
The prosecutor's office MAY take part in resolving the situation, but it is not known whether it will or not.
You need to go to court and legally challenge the encumbrance on the account. If the money is still written off, then you can file a claim against Gazprom and recover the withheld amount from them.

Lawyer Yakovlev A.V., 625 answers, 551 reviews, on the site from 09/15/2017
20.2. Hello.
Yes they can. But only 50% can be deducted (in some cases up to 70%). To do this, you need to inform the bailiff that your pension is being transferred to this account. Otherwise, all the money will be written off.

They seized the savings book where alimony and compensation for children are received. Claimant.
Gazprom, I went to the bailiffs, they said that I was not in the database, they needed to contact the claimant. I wrote a statement to the prosecutor's office. I also wrote applications to Sberbank, but I received a letter saying that they were not in the right to lift the arrest according to the law, since Gazprom had frozen my alimony account. Tell me where else I can go? Or wait for a response from the prosecutor's office? Can I sue? Read answers (2)

21. Today I issued a Sberbank card and personal account discovered the arrest old passbook and the amount to be recovered in 2011 was 11,400 rubles and in 2014 840 rubles. But they were able to recover only 58 rubles. because there was no more money on it. When replenishing new card Will the money be written off by the bailiffs or can they be used?

Lawyer Maksimov M.V., 22010 answers, 12939 reviews, on the site from 09/15/2016
21.1. Until the bailiff cancels the order to write off funds from your account, it will be executed and, accordingly, the funds will go either to the bailiffs or to the collector;

22. I want to join the labor exchange, I know that unemployment benefits will be transferred to a Sberbank card. I want to know if the bailiffs can arrest her, because about 5 years ago the savings book was arrested by the bailiffs. I have a debit bank card, but in another bank, it is not seized, but it was used not long ago.

22.1. Hello, they can arrest you if there is no information that current social payments are being received, so provide the bailiff with a certificate that unemployment benefits are being transferred to the account; no more than 50 percent of the article can be withdrawn. 99 of the Law on Enforcement Proceedings of the Russian Federation.

23. From 2014 to this day, bailiffs have withheld social security payments from my savings book. According to the law, they could not be detained. I called the head of the bailiff court and he replied that they had already gone to pay for deductions by court decision from my disability pension in favor of the Payment Settlement Center utilities. And there is no way I can get them back and that they can’t get them back. And they say that it was I who was obliged to provide them with certificates stating that these were social payments from social security. And then they would lift the arrest against them. In response to the fact that I would file a lawsuit, they said that you can file and they say you won’t achieve anything and ignorance of the law does not exempt you from responsibility. As far as I know, I am not obliged to explain to the bailiffs what and where they are charging me; they must do this themselves. For example, I didn’t know that I couldn’t have social security payments calculated from me. The amount for 4 goals since 2014 was about 25,500 rubles. Can I get this money back? What do we have to do? Where are the laws about this problem? Thank you.

Lawyer Tarasov A.I., 265 answers, 182 reviews, on the site from 03/01/2017
23.1. Hello, Marat. I can’t give any guarantees, but in this case you should obviously contact the prosecutor’s office. I can undertake full support of your case.

24. The court and the bailiffs seized the debit cards and the savings book on which I deposit money to pay for the mortgage, what should I do now, how to pay for it. Can you explain please.

Lawyer Titova T.A., 113285 answers, 49840 reviews, on the site since 02/17/2012
24.1. Hello! Alas, bailiffs have such a right, arbitrage practice things don't work out in your favor. You just need to fulfill the obligation and pay what the bailiff demands, then the mortgage account will not be touched by Art. 13 Code of Civil Procedure of the Russian Federation, Art. 310 Civil Code of the Russian Federation.

They seized the savings book where alimony and compensation for children are received. Claimant.
Gazprom, I went to the bailiffs, they said that I was not in the database, they needed to contact the claimant. I wrote a statement to the prosecutor's office. I also wrote applications to Sberbank, but I received a letter saying that they were not in the right to lift the arrest according to the law, since Gazprom had frozen my alimony account. Tell me where else I can go? Or wait for a response from the prosecutor's office? Read answers (1)

25. I had a savings book where compensation for kindergarten For the last three years, I haven’t checked it; it was left for a rainy day. Today I decided to check, it turned out that in 2015 she was arrested by the bailiff and all the money was withdrawn. Is it possible for me to return it now and lift the arrest if for all these three years there have been no transfers to her except for children’s money. And how to do this?

Lawyer Martyanova S.V., 1584 answers, 496 reviews, on the site from 05/13/2011
25.1. According to paragraph 6 of Art. 101 of the Federal Law “On Enforcement Proceedings”, this article states that collection cannot be made on “monthly cash payments and (or) annual cash payments accrued in accordance with the legislation of the Russian Federation individual categories citizens (compensation for travel, purchase of medicines, etc.). Therefore, in your case, the retention is not legal.
However, on March 20, 2015, changes to the federal law“On Enforcement Proceedings” dated March 8, 2015 No. 57-FZ, according to which citizens are now required to independently notify bailiffs within the established time limits when seizing their bank accounts and plastic cards about the transfer of child benefits and other social payments and compensations to them , not subject to collection (see Part 14.1, Article 30). And you didn’t notify the bailiffs about this.
Now you need to provide the bailiff with certificates about exactly what funds were transferred to this savings book (confirm the transfer of compensation for the kindergarten and in what amount it was transferred), and also demand in writing to lift the arrest from this savings book and stop deductions, at the same time write an application for the return of illegally written off funds. I also recommend that you write a complaint about the illegal actions of the bailiff regarding this fact and send it to the senior bailiff and the prosecutor's office.

26. Can bailiffs seize a savings book that receives a pension for not paying for heating?

Lawyer Khalueva V.V., 1194 answers, 891 reviews, on the site from 04/14/2017
26.1. Good afternoon
Yes, bailiffs have the right to seize accounts, including pension ones. If a pension is your only income, then you need to contact the bailiff with a certificate confirming that this account is a pension account.

Lawyer Panfilov A.F., 50202 answers, 24690 reviews, on the site from 09/20/2013
26.2. Can bailiffs seize a savings book that receives a pension for not paying for heating?

Yes, the fact that the pension account will not help in any way, 50% will be withdrawn..

27. I have a debt Tinkoff loan bank, the bank filed a lawsuit, now the bailiffs have arrested my salary card and a mortgage account in a savings bank. I brought the bailiff a certificate from the bank that she was a salary worker, provided the account passbook, the bailiff made a note, it seemed to have been removed, the arrest was imposed on March 2, 2018, I went to the bailiffs and brought the documents on March 6, 2018, and on March 13, an SMS message came from the bank, that the accounts were frozen on March 2, 2018. What did the bailiff do wrong? Or were the documents not enough? How can I remove the arrest from my accounts now? Please tell me. Thank you very much in advance.

Lawyer Stuf V.G., 4061 answers, 1460 reviews, on the site from 12/10/2013
27.1. Hello, you go to the bailiffs with this question, they should lift the arrest and seize the accounts, if the accounts are still frozen, then most likely the bailiff did not lift the arrest, they usually do not work well, write a complaint against this bailiff. Good luck.

Lawyer Soldat S.V., 3997 answers, 2687 reviews, on the site from 01/22/2018
27.2. Hello Olga! If you are interested, I am ready to cancel the court decision, completely cancel your “debt”. Write me a personal message, I’ll actually help you.

28. I had a debt court decision which the bailiffs successfully calculated. There are no more debts. but I did not manage to remove the arrest from the savings book in time and money was received on it. The bailiffs also counted them out, although they had no right. I took a paper from the savings bank about the write-off. He removed the arrest from the savings book and went to the bailiff. He said that the money would be returned in two days, but it was not returned. It's been 2 weeks already. No money left. what to do? How to get them to return the money?

Lawyer Skorokhodov P. A., 71 answers, 61 reviews, on the site since 02/27/2018
28.1. Hello.
You need to document your appeal to the bailiff, namely to submit an application for the return of excess funds written off.
If, after a written request, the bailiff does not comply with your application, then you must appeal against his inaction in the order of subordination or in court.
In accordance with Art. 121 of the Federal Law “On Enforcement Proceedings”, the inaction of the bailiff can be appealed by the parties to the enforcement proceedings, other persons whose rights and interests are violated by such actions (inaction), in the order of subordination and challenged in court.
P.S. I recommend that you first complain in the order of subordination to the head of the district department, since most likely there is a simple human factor at play, and not malicious intent.

29. Due to a debt, a salary card was seized (in full, there was a minus amount on it for the amount of the debt) and a savings book to which the pension was transferred, which in turn was automatically transferred to alimony, all this was paid, the salary card was included in plus, but when I came to the savings bank today, I found out that my savings book has been seized again for 3 months by the bailiffs, there is no information from them about the existence of a debt not at the place of registration or on the FSSP website, is the action of the bailiffs legal in both cases and what can be done ?

Lawyer Boyko E. N., 193 answers, 133 reviews, on the site from 02/10/2016
29.1. Good evening! All actions of the bailiff can be appealed to the court. You can also file a complaint against the bailiff’s actions with the prosecutor’s office.

30. My husband had a savings book in 2012, now in mobile banking writes that she has 69 rubles under arrest. I went to the savings bank, they told me to call the bailiff, I called the bailiff and he said there was no debt. Where does the arrest come from then and how to pay it off?

Lawyer Mokrushin L.A., 3697 answers, 3048 reviews, on the site from 12/11/2017
30.1. Good afternoon Natalia Borisovna, in your case there is no point in calling, because calls are not taken into account when contacting bailiffs (your bailiff simply does not want to work), send a written request to the bailiff, in case of another refusal, write a complaint to his boss, the issue will definitely be resolved, The main thing is to put everything in writing.

In 2010, in the Savings Bank of the Royal Branch 2570 to my accounts plastic card 40817........4743 (card account) and savings book were seized by order of bailiffs in the amount of no. Then in 2011 they decided to seize another account 40817...........7807. When in 2011 I opened a salary card in the Moscow branch, it turned out that I was in the red on two cards, that is, the amount from one card was added to the other and the result was a huge amount in the minus. In 2011, my salary was transferred there twice, I thought that the amount was written off to repay the loan, but it was simply blocked, and Sberbank used it perfectly for a year. So I went to bailiffs, 01/22/2013 I was given a decree to lift the arrest from the accounts, more precisely one account of a plastic card 40817......4743 and a savings book. On the same day I took the order to the bank, for which I have an acceptance note. Since our bank no longer deals with issues regarding the removal of frozen accounts, the resolution was sent to Tula (to the department where they remove the seizure). With difficulty I found their phone number and called to ask if my decision had reached them? They said it was received, but they don’t see the account of the plastic card indicated in the resolution, and the seizure of the book, they said, would be lifted within three days, but they said that another account 40817........7807 was made arrest, they asked me to go to the bailiffs and get a resolution in this regard.

On January 24, 2013, a new resolution was also sent to Tula through the secretary of Sberbank. I called again and asked if the statement had reached them, they said it had, and they would lift the arrest within three days. As a result, it turned out that the account that was not seen 40817...........4743 was for voice authorization! They asked me to go to Sberbank branch 2570 and fill out an application to remove voice authorization from the account. As I later realized, it was a mistake by the department employees, and I didn’t have to come to fill out this application, since neither my signature nor anything was required, I just got off work, came from Moscow to Korolev, wrote an application and went back to work. Moreover, all this time, I was in touch with Tula, calling at my own expense (asking if they had received that resolution or statement!). The application was submitted on January 28, 2013. As a result, the arrest was lifted from one account 40817..........7807 and a savings book, somehow there were 5,000 rubles in the plastic card account, which I cannot withdraw until the last account 40817... is unblocked. .......4743. Tula says we have lifted all the arrests by claims to you no, everything had to be removed within three days. Nothing was removed, the account is still in the minus. Tula says, call the helpline, the helpline says, call where the arrests were filmed. I still can’t withdraw the money; this red tape has been going on since January 22, 2013. Here you have three days to lift the arrest. But an arrest in one day!

14.02.2013 00:31 This is what Sberbank answered me regarding my claim No. 000913-2013-007250. I sent it to the official. Sberbank website, waited 2 weeks and here is the result:

Response to Client:
Dear Svetlana Yurievna!
OJSC "Sberbank of Russia", in response to your appeal, informs that measures were taken aimed at clarifying the facts set out in your appeal, as a result of which it was established, according to your bank card 54XXXXXXXXXXXX19 on account 40817 ХХХХ XXXXX43 (account closed on January 30, 2013) debt for the service Mobile bank for 02/01/2009 in the amount of 60.00 rubles. We hope that our explanations helped you understand the current situation.

Yeah, they explained. This account was never closed, but at least it turned out that the arrests on the accounts were lifted! I still can’t withdraw money from the Moscow card 42****** ******72! They are blocked. As it turned out, it was a bank mistake.

02/13/2013 by me in department No. 7978/1698 st. Dnepropetrovskaya 3, a complaint was written regarding the fact that the funds on my card account 0000000000000072 are still not available! With persuasion, the application was accepted by K-va Ekaterina Pavlovna. I called back today, 02/13/2013, and said the claim was registered (000108-2013-001853), and will be considered within 30 days! This is some kind of horror. When will this nightmare end! When can I get my money blocked due to the fault of the bank!