Seizure of the debtor's property. List of property not subject to seizure by bailiffs What cannot be seized

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LETTER of the State Customs Committee of the Russian Federation dated 03/31/2003 01-0613799 ON THE DIRECTION OF METHODOLOGICAL RECOMMENDATIONS (together with METHODOLOGICAL RECOMMENDATIONS FOR... Relevant in 2018

LIST OF PROPERTY NOT SUBJECT TO CONFISCATION BY COURT VERDICT

The following property and items belonging to the convicted person as private property or being his share in common property are not subject to confiscation:

1. A residential building, apartment or individual parts thereof, if the convicted person and his family permanently reside in them (no more than one house or one apartment per family).

Another measure to secure a civil claim is the seizure of securities in compliance with the specifics of the seizure procedure provided for in Article 116 of the Code of Criminal Procedure of the Russian Federation.

In order to ensure possible confiscation of property or compensation for damage caused by a crime, seizure of securities or their certificates is imposed at the location of the property or at the place of registration of the rights of the owner of the securities in compliance with the requirements of Article 115 of the Code of Criminal Procedure of the Russian Federation. Bearer securities held by a bona fide purchaser are not subject to seizure.

A security certificate is a document issued by the issuer and certifying the totality of rights to the number of securities specified in the certificate. The owner of securities has the right to demand from the issuer the fulfillment of his obligations on the basis of such a certificate.

Owner - a person to whom securities belong by right of ownership or other proprietary right.

Property that has been seized may be seized or transferred, at the discretion of the person who made the arrest, for storage to the owner or possessor of this property or to another person who must be warned about the responsibility for the safety of the property, about which a corresponding entry is made in the protocol (Part 6 of Art. 115 Code of Criminal Procedure of the Russian Federation).

When considering a criminal case in court, the decision made on the brought claim, confiscation of property is indicated in the verdict (articles, Code of Criminal Procedure of the Russian Federation).

Unfulfilled obligations to the bank entail legal proceedings, during which a decision may be made to seize the debtor's property. Inventory and confiscation are carried out by bailiffs. The debtor needs to know the intricacies of the procedure for seizing property in order to eliminate the possibility of illegal actions. How does the inventory procedure take place and what property is not subject to seizure by bailiffs?

From this article you will learn:

When and on what grounds is arrest imposed?

The seizure of property is carried out for the purpose of collecting debt from the borrower and satisfying the claims of the plaintiff. As a rule, a decision to confiscate property is made when the debtor does not have the income necessary to repay the debt.

The basis is a writ of execution signed by a judge. FSSP officers can confiscate property only if enforcement proceedings are being carried out against a person.

Seizure is used to ensure the safety of property that is subject to transfer to the plaintiff or sale. After the imposition of an encumbrance, the debtor loses the right to dispose of the property at his own discretion.

Arrest procedure

The actions of bailiffs carrying out inventory and confiscation are regulated by Federal Law No. 229 “On Enforcement Proceedings”. The procedure consists of several stages:

First, bank accounts are seized. If these funds are not enough to pay off the debt, then the bailiffs visit the defendant to get acquainted with his financial situation at his place of residence.
FSSP employees draw up an inventory of things owned. The list of property does not include anything that is not subject to seizure by law. At this stage, FSSP employees not only draw up an inventory, but also evaluate the property to compare its value with the amount of debt.
After the assessment and inventory is drawn up, the owner of the items must sign the protocol. If he disagrees with the assessment, he has the right to involve independent specialists in the assessment examination.
At the last stage, the issue of sale and storage of the described property is resolved. The decision is recorded in a protocol, one copy of which remains with the bailiff, and the other with the debtor.

If during the inspection it turns out that the debtor does not have things subject to confiscation, or if everything that the bailiffs can describe does not cover the loan obligations, then the money is returned in other ways or partially written off.

Collection is primarily aimed at financial resources. Confiscation of real estate and other property is carried out only if the borrower lacks money. It should be noted that bailiffs can only seize those things that belong to the debtor. Evidence of ownership of a particular property can be checks, contracts and other documents confirming the ownership of a person.

What is not subject to arrest

The arrest procedure does not aim to completely deprive a person of his livelihood and all his belongings. In Art. 446 of the Code of Civil Procedure of the Russian Federation contains a list of property that is not subject to seizure by bailiffs. Let's consider what property the bailiffs do not have the right to confiscate?

Real estate

Owned housing is not subject to seizure if, in addition to it, the debtor does not have any other premises suitable for permanent residence. In addition, bailiffs do not have the right to encumber the land plot on which the house stands, which is the only one suitable for housing for the debtor. In the event that there is only one living space in the property, but a person does not live in it, but rents an apartment, then the bailiffs have the right to confiscate it.

If the defaulter owns several residential properties, then one of them may be seized.

One more nuance: if the debtor is not the sole owner of the property, but is a shareholder, then they will not be able to take away such housing.

Property not subject to seizure does not include collateral. If the lawsuit concerns non-payment of the mortgage, the encumbered apartment will be confiscated.

Equipment

Bailiffs do not have the right to take away the property of debtors, which they need to carry out their professional activities. They also cannot take away things and equipment that children need for school. For example, a computer. The exception is property whose value exceeds 100 minimum wages.

Furniture and household appliances

The task of bailiffs is to describe liquid property. Therefore, they do not take away old furniture, unless, of course, we are talking about luxury items and antiques.

As for household appliances, only those that are considered necessary for normal existence are not subject to seizure. Such equipment could be, for example, a gas stove, washing machine or refrigerator. Equipment for heating premises and resources such as firewood, coal, etc. are also not subject to seizure.

Televisions, microwaves, multicookers and other non-essential appliances may be seized. However, if it is proven that the seizure of this equipment will worsen the situation of the defendant, then the decision of the bailiffs can be challenged.

Agricultural property

For those living in rural areas, agricultural products are often their source of nutrition. Property that is not subject to seizure in this case is livestock, seeds for sowing, animal feed and agricultural products. This rule does not apply to farmers engaged in entrepreneurial activities.

Awards

State awards, medals, orders and other insignia are not confiscated from debtors. If this type of property was not originally the property of a person, but was passed on to him by inheritance, then FSSP employees have the right to confiscate it.

Personal items

Seizure cannot be imposed on clothing, shoes, food, personal hygiene products, dishes, interior items, medicines, as well as items that are necessary to support the life of a disabled person, for example, a wheelchair. Bailiffs also cannot seize religious paraphernalia: books and icons.

The vehicle refers to the property that is being seized. However, if the car is needed due to disability, then the bailiffs will not touch it. Luxury items and jewelry can be confiscated if their value exceeds 100 minimum wages.

Pets

Property of spouses

Can bailiffs seize the debtor's spouse's belongings? On the one hand, all property of spouses acquired during marriage is considered jointly acquired property by law. Therefore, if the debtor is not able to pay off the loan, then collection will be made at the expense of all the property of the husband and wife. The exception is if one spouse was unaware of his or her spouse's loan. It is quite difficult to prove this fact in court.

Items belonging to relatives

The question of whether bailiffs can take away things owned by close relatives worries many debtors. In this case, it all depends on the circumstances. According to Article 79 of Federal Law No. 229, seizure can only be imposed on things belonging to the debtor. Thus, the property of relatives will not be affected in the collection procedure.

However, there are some nuances here too. If the debtor lives in the same apartment, for example, with his parents, then the bailiffs can confiscate everything that is not prohibited by the code and that is liquid. The problem is this: some things do not have evidence of ownership and it is quite difficult to establish the right to own them. Relatives will have to provide evidence that the seized property does not belong to the debtor.

If a lien was imposed on the property of relatives, then they need to go to court with a claim to remove the encumbrance or write a complaint to higher authorities.

Money

According to Article 69 of Federal Law No. 229, some finances cannot be seized. These include:

insurance money from the pension fund;
the amount paid as compensation for damage caused to health;
state and regional benefits for the loss of a breadwinner, for caring for a disabled person, for the purchase of medicines, for the burial of the deceased, as well as maternity capital;
monetary compensations paid to victims of man-made disasters;
travel compensation;
alimony;
benefits for victims of terrorist attacks and natural disasters;
the amount is less than the subsistence level;
child benefits and financial assistance for single parents;
payment to a large family.

Video - what should not be arrested?

What to look for when arrested

The activities of bailiffs are regulated by the law “On Enforcement Proceedings”. However, this does not exclude employees from making mistakes when inventorying and confiscating property. In order to prevent unlawful actions during collection, you need to know what rights bailiffs have and the procedure for arrest:

Bailiffs have the right to come to the debtor’s place of residence only at the times established by law - from 6:00 to 22:00.
The bailiff is obliged to introduce himself, present his identification and the document on the basis of which he intends to make an inventory.
During the inventory, two witnesses who have no personal interest in the case must be present.
As a result of the inventory, an act must be drawn up. It must be completed prior to confiscation. After seizure, it is prohibited to compile it. It must bear the signatures of witnesses, the debtor and the bailiff.
If for some reason the debtor does not want to sign the inventory report, then this decision is recorded in the document with a special note.

If unlawful actions and mistakes of the contractor are detected, the debtor has the right to file a complaint against him to higher management, the prosecutor's office or to the court. Failure to comply with the rules of seizure and inventory is grounds for appeal and return of property.

What to do if bailiffs seize property that is not subject to collection

Often, bailiffs try to collect funds by any means, describing the property of relatives or property that is not subject to collection. Legally illiterate defendants, as a rule, do not even suspect that some types of property are not subject to confiscation. Therefore, many of them allow you to take away even those things that are prohibited by law. This is fundamentally wrong.

If an authorized person has placed an encumbrance on things that are not subject to collection, the debtor has the right to challenge his actions by writing a statement to the head of the bailiff department, to the prosecutor's office, or by filing a lawsuit in court. You can challenge the assessment of things and the employee’s actions within 10 days from the moment the violation was discovered. The application review period is 10 days.

Everyone who is faced with a collection procedure should know the basic laws and regulations on which it is carried out. It is also important to know your rights. The debtor can avoid seizure of property by applying to the court with a request to reconsider the decision and grant payment in installments. The defendant also has the right to challenge the actions of the bailiff if he finds violations.

We hope that our article helped you become more savvy in the field of interaction with the FSSP, and now you know exactly what property bailiffs can describe and what they should leave alone.

The convict, whose main occupation is agriculture, has food in the amount necessary for the convict and his family until the new harvest, and the rest of the convicts have food and money in a total amount equal to three times the minimum wage for the convict and each of them. members of his family.

land plots on which the objects specified in paragraph two of this part are located, with the exception of the property specified in this paragraph, if it is the subject of a mortgage and can be foreclosed on in accordance with the legislation on mortgages;

Property not subject to seizure by bailiffs

credit card accounts;
50% of wages (provided that the amount is not lower than the minimum wage in the region);
state compensation, alimony, children's money and other preferential payments;
subsistence level of the region, found in cash during a housing inspection.

If the transferred funds are seized, you must present to the court evidence of belonging to the list of property not subject to seizure in order to unfreeze

What specific property is not subject to seizure by Russian bailiffs?

During the seizure process, the FSSP officer is obliged to draw up an inventory of the seized property and enter it into the report. Drawing up a document at the end of the procedure is unacceptable. The presence of witnesses and their signatures on the act is mandatory. The document is also signed by the bailiff and the person accepting the items for safekeeping. Refusal to sign a document is recorded with a special note. A copy of the act is given to the debtor against signature.

What property is not subject to seizure by bailiffs: list and explanations

The controversial issue is the property of the spouses. On the one hand, all property is jointly acquired, including debts. For example, if the defendant took out a loan during marriage, but was unable to repay it, his wife was not a guarantor or co-borrower, then recovery will be from joint property. The only exception is if one of the spouses did not know about the loan and did not use it, which will be difficult to prove.

Housing, both in whole and in part, and the land on which it is located. Moreover, this premises must be suitable for year-round living, and it must be the only one owned by the debtor and his family;
Appliances and household items: refrigerator, stove, washing machine (if there are small children), old furniture and personal items;
Property necessary for professional activities;
Property located in a subsidiary farm, not intended for sale: livestock, birds, bees, rabbits; feed and pasture required to maintain the above objects;
Products and money in an amount equivalent to no more than 1 subsistence minimum per family member;
Military weapons;
Fuel;
Property necessary due to his disability;
Prizes, honorary and memorable signs.

What property is not subject to seizure by bailiffs

reason for sanctions:
- the need to preserve items intended for transfer to a creditor or sale;
- implementation of the decision on gratuitous seizure;
- location of property from third parties;
the rule of priority is not taken into account, that is, it is not necessary to first seize money, and then, for example, real estate;
the measure is allowed to be used until the end of the period provided for voluntary coverage of obligations;
easement of non-monetary assets is not allowed if the amount of debt is less than 3 thousand rubles;
after receiving a written request from the creditor to impose restrictions on the defendant’s property, the FSSP authorities must consider it and make a decision by the end of the next day;
It is impossible to seize an object with an encumbrance if the applicant does not have priority rights over the lien holder.

List of property not subject to seizure

housing, which is the only one for the debtor, in which he lives with his family;
a plot of land on which the only housing is located;
personal property of the debtor, that is, clothing, household appliances, household items and home furnishings;
property that is necessary for carrying out professional activities, if its total value does not exceed one hundred minimum wages (this year this amount is equal to six hundred forty thousand rubles);
vehicles that are necessary for debtors with disabilities to travel;
domestic animals, which include livestock, rabbits, deer and poultry, used by the debtor to satisfy personal needs;
buildings and food necessary to care for these animals;
seeds for sowing;
energy resources necessary for heating residential premises and for preparing food for the debtor’s family;
food and money not exceeding the minimum subsistence level for the debtor and each member of his family;
honorary prizes and awards.

List of property not subject to seizure by bailiffs

Subsequently, the court determines the need for such a measure and issues a reasoned ruling in which it satisfies the request or not. If the court agrees with the creditor, the bailiff seizes the property specified in the determination (bank account and other property, including real estate).

Property not subject to seizure

However, there is property that can be recovered. For example, an apartment purchased with a mortgage is subject to foreclosure. Due to debt obligations to credit institutions, you can be evicted directly onto the street. Even if persons under 18 years of age are registered in your apartment, the bailiffs will still have the right to carry out such eviction. In addition, objects whose cost is over 100 minimum sizes.

What property cannot be confiscated by bailiffs?

There are clauses in Russian legislation on the basis of which the bailiff service can seize property that is valuable or luxury. We are talking about transport, jewelry, equipment, and household appliances. The market value of these items must be commensurate with the amount of debt.

Seizure of property: what bailiffs can and cannot seize

People who receive wages by wire transfer also try to find out whether bailiffs can seize a credit card. Much to the regret of debtors, funds in bank accounts are one of the first items subject to seizure when a court order is issued. FSSP employees can take away from the debtor:

List of the debtor's property subject to inventory

used for purposes not related to business activities, breeding, dairy and working cattle, deer, rabbits, poultry, bees, feed necessary for their maintenance before pasture (going to the apiary), as well as outbuildings and structures necessary for their maintenance;

Property not subject to seizure by bailiffs article

residential premises (parts thereof), if for the debtor citizen and members of his family living together in the premises owned, it is the only premises suitable for permanent residence, with the exception of the property specified in this paragraph, if it is the subject of a mortgage and on it in accordance foreclosure may be subject to mortgage laws;

In what cases can you avoid seizure of property by bailiffs?

As a rule, debtors, in order to protect property from seizure, resort to various tricks, which very often lead to aggravation of the situation, that is, the defendant acts only to his own detriment. For example, most of these people are simply trying to hide from law enforcement agencies, bailiffs, and bank employees.

After a court decision is made regarding debt collection, the borrower has to find out about the availability of a bailiff service. They can come to visit you to take an inventory of the debtor’s personal property. Therefore, it is worth understanding what specific rights bailiffs are vested with, what property they can seize and confiscate, and what they cannot.

Loan secured and unsecured: different situations

First of all, it is worth warning that we are not talking about categories of loans such as collateral. If you took out a mortgage or a car loan, or any other secured loan, then the pledged property can be seized and sold regardless of any of the circumstances stated below. Without such a clause, a loan agreement will not be concluded with you.

But in the case of unsecured loans, the agreement is signed without official registration of the borrower’s personal property as collateral. If you do not repay the loan on time, then by court decision some of your personal property may be seized and sold at auction in order to pay off the debt with the bank.

I really want the circumstances described above not to affect any of us. But you still need to be prepared for the fact that, based on Russian laws, some personal property may be subject to confiscation by bailiffs. But there are categories that cannot be confiscated even after a court decision.

Property not subject to seizure and confiscation by bailiffs

List of items not subject to confiscation:

First of all, we are talking about any residential premises, apartment, its share, house, dorm room, if it is the only place of residence of the borrower’s family and himself. Let us remind you that we are not talking about mortgages and other loans, where this residential premises appeared as collateral voluntarily transferred to the bank.
You cannot take away the land on which a house stands, which is the only place of residence. It is also prohibited to take away land used as a vegetable garden, orchard, or apiary.
You cannot take away anything from the property with which the borrower carries out his professional activities. For example, a camera for a photographer, a computer for a programmer, a car for a taxi driver. All this cannot be confiscated in order to pay off the debt. True, only if the sum of the cost of these items does not exceed one hundred minimum wages.
You cannot take away anything from personalized awards, even if they are jewelry made of precious metals and studded with diamonds.
You cannot take away anything from household appliances that are used to prepare food and heat rooms.
You cannot take away anything of personal use: clothes, shoes.
Food products will not be confiscated, as well as cash in the amount of the monthly subsistence minimum (for the debtor himself and for each of his dependents).

We must remember that it is often impossible to figure out who owns this or that item. If the debtor lives with you, your property may also be taken away.

To avoid such a situation, all items of value must have documents confirming ownership, cash receipts, warranty cards, and sales contracts.

If some of the property was described, it is worth making attempts to return it. This is done on the basis of an appeal to the court, for which a statement of claim is drawn up. To provide evidence of the ownership of any property, you must have written evidence or testimony of witnesses.

The debt of our citizens to credit institutions continues to grow rapidly. At the end of 2014 alone, it was estimated at 652 billion rubles. In addition, many have large debts to housing companies, significant arrears on child support obligations and unpaid fines.

In this regard, bailiffs have a lot of work ahead of them in 2015. They will have to visit citizens in order to voluntarily pay their debts. In order to protect yourself, you need to know what property and debts will not be collected in court proceedings.

Property not subject to foreclosure

In accordance with civil procedural rules, there is a list of property objects that cannot be recovered under. Here are some of them:

An apartment that is the owner’s only home.
A plot of land on which a private building is located, the only dwelling suitable for the owner.
Objects related to household items and personal use.
A property that is required to fulfill the professional obligations of a citizen who has a debt. For example, if a citizen is engaged in shoe repair, then glue and tools for carrying out entrepreneurial activities will not be taken away.
Livestock and domestic animals used for personal needs, seeds for sowing crops. The most important thing is that these facilities are not used to conduct business. Cash and food products not exceeding the subsistence level of the person who owes the money and those who are supported by him.
Means of transport. Medicines and medicines that belong to the disabled debtor.
Awards in the form of memorable and honorary signs, prizes and state awards.

Income not subject to recovery

In accordance with the provisions of Article 101 of Federal Law-229 “On Enforcement Proceedings”, there is a list of income that is not subject to recovery. Taking a computer and other household appliances from your apartment and then selling it at auction is considered a red-tape affair for bailiffs. Firstly, you need to pick up these items, and secondly, you also need to sell them. Therefore, bailiffs most often seize bank accounts.

Before proceeding with the seizure of the debtor's income, bailiffs send a request to banking organizations. The credit institution issues a written response to the bailiffs about whether the debtor has an account with their bank. After which the bailiffs can seize the bank account until the debtor pays the funds.

Collection cannot be applied to the following income

Money that is paid to compensate for damage caused to health or in connection with the death of the breadwinner.
Money that is paid to people who were injured or injured in the performance of their official duties, as well as members of their families if the above-mentioned persons died.
Compensation from budget funds in the case of caring for disabled people.
Cash as alimony, as well as amounts for the maintenance of minor children.
Payments of compensation established by labor legislation: on the occasion of a business trip, with transfer to another location.
Amounts of money paid by an enterprise in connection with the birth of a child, death of close relatives, on the occasion of registration and marriage.
Pensions paid in connection with the loss of a breadwinner, as well as maternity capital funds;
Monetary compensation for the cost of travel to the place of treatment and back, if such compensation is provided for by federal law;
Funeral benefit.