Anyone who owns a vehicle should be aware that failure to fulfill certain obligations may have negative consequences. They may limit themselves not only to a fine, but also to seizure of property. FSSP employees have the right to foreclose on personal transport, provided that the amount of debt exceeds 3,000 rubles.

The seizure of a car by bailiffs, as a sanction provided by law, is a fairly common occurrence. It provides for its seizure from the owner with its subsequent sale. Its purpose is the forced repayment of debt obligations that the owner of the car has.

Seizure is an action carried out both by bailiffs and other officials of government bodies, which consists in prohibiting the implementation of any registration activities with a vehicle. It is imposed to ensure that the debtor fulfills the payment of the debt.

The essence is to ensure the protection of property that may be hidden by the debtor, or intentionally damaged, and also sold. If the legislator had not provided for the procedure, then it would have been much more difficult to force the debtor to fulfill his obligations.

Who can seize a car? The law provides for a certain circle of persons authorized to implement them.

The right to take such actions by law is assigned to employees:

1. Federal Bailiff Service;
2. State Road Safety Inspectorate;
3. Investigative authorities;
4. Federal Customs Service;
5. Federal Tax Service
6. Court (judge);
7. other bodies authorized to do so by legislative acts.

Grounds for arrest

To apply such a sanction, any government agency must have sufficient grounds. The civil servant is obliged to carry out a set of various measures to collect information and confirm, in the manner prescribed by law, the need to impose it. At the same time, each government agency uses its own grounds.

They are:

• the presence of fines in the traffic police that were not paid voluntarily;
• debts for provided utilities;
• evasion of alimony;
• having a debt to a banking institution;
• failure by a legal entity to fulfill its obligations;
• in connection with a guarantee;

At the same time, it is imposed to the extent necessary to repay the debt by the person acting as the debtor. It is possible that during the bidding procedure, excess funds appear that must be returned to the debtor. Their volume is the difference between the funds received from the sale and the amount of debt obligations.

How to get arrested

The procedure for conducting this process is provided for by the Federal Law “On Enforcement Proceedings” and is contained in Art. 64, 68, and Chapter 8.

It includes:

• issuing a warrant of arrest;
• travel to the location of the wanted object;
• drawing up an act of seizure in the presence of two witnesses;
• conducting an inventory;
• seizure of registration documents;
• transfer for storage;
• sending all relevant procedural documents to the parties.

How to remove an arrest

In order to remove it, you must contact the territorial division of the FSSP,
who seized the car.

Subsequence:

1. find out the specific body and official who made the decision;
2. obtain from him an explanation of the reasons for the arrest;
3. receive a copy of the writ of execution;
4. familiarize yourself with the contents of the writ of execution or the notary’s writ of execution;
5. eliminate the reason for imposing the restrictive measure as soon as possible;
6. report the results to the bailiff;
7. provide documentary evidence of the elimination of the reasons that form the basis for the application of the sanction;
8. obtain a copy of the decision to lift the arrest.

It is important to remember that the resolution is sent to the traffic police. In the case where the debtor has several prohibitions from different bailiffs and according to different executive documents, the removal is made after eliminating each of the reasons that served as the basis for their issuance. This is done by issuing a separate ruling in each case.

How to check for arrest

To check the vehicle for obstacles in registration, as well as restrictions on ownership, you must make a corresponding request.

Methods of contact:

1. submitting a written request to the traffic police;
2. submitting an electronic request.

When applying in writing, you must indicate in the request: registration data, information about the owners of the vehicle, contacts for feedback.

An electronic request can be submitted on the official website of the State Traffic Safety Inspectorate or the Federal Bailiff Service, where by filling out all the fields, the request will be automatically accepted for consideration by the system. After receiving the request, the system will conduct an analysis of the databases that contain the information. Having collected the necessary information, she will send a response.

Consequences of buying a seized car

Persons who carry out fraudulent activities take advantage of the gullibility of law-abiding citizens. Therefore, cases of purchasing vehicles containing restrictions on ownership rights are not uncommon.

Buying from a private person

Buying such a vehicle may not bring joy, but disappointment from the purchase. It will be impossible to re-register it to a new owner. Also, when buying “by proxy”, there is a risk of being stopped by a traffic police inspector; after checking the documents, he will reveal information about the arrest and take measures to remove the car from use. Which will entail the loss of both transport and the money paid for it.

Purchase by auction

When purchasing a car at a public auction where such property is sold, you can be sure that there will be no problems with registration in the future. This happens because it is being “legally cleared” and the previous owner does not have the right to make claims against the new owner. The new owner is considered a bona fide buyer.

Based on the above, we can conclude that the seizure procedure is a last resort measure to ensure payment of the debt. The powers and circle of persons who can seize a car were considered. The procedure for the actions of officials involved in ensuring the implementation of federal legislation regulating the relationship between the debtor and the collector has been determined.

If you have debts to the state or if a government agency is authorized to collect a debt from you to pay off debts to individuals or organizations, then there is no escape from them. This is a harsh 2019 practice. Bailiffs can seize accounts and cards, suspend a driver's license, not let you go abroad and... foreclose on property. In this case, it will be confiscated. And the car is a high-risk area in this case, since it is easiest to pick it up for debts. But let's talk about everything in order!

What gives bailiffs the right to confiscate a car and what is an arrest?

This right to the service of bailiffs is assigned by Federal Law " About enforcement proceedings" (hereinafter referred to as the "FZ") 2019. This is called "seizure of property." Specifically, Article 80 of this Federal Law says the following:

1. A bailiff, in order to ensure the execution of a writ of execution containing demands for property penalties, has the right, including during the period established for the voluntary execution by the debtor of the requirements contained in the writ of execution, seize the debtor's property.

A car is formally a movable property. This also applies, like everything in this article, to motorcycles, mopeds, scooters, tractors and other types of personal equipment.

But it is important to understand that an arrest does not necessarily mean the seizure of a car. Bailiffs don’t always confiscate a car. Often it is in the custody of the debtor (that is, during the sale the debtor is allowed to continue to dispose of it). And sometimes they can even simply restrict the right to use a car (Part 4 of Article 80 of the Federal Law).

How is arrest imposed?

The procedure for seizing property is quite simple:

1. you have debts for which your car and other property may be seized,
2. for such debts, a court order is formed or a court decision is made with the corresponding writ of execution,
3. the writ of execution is handed over to the bailiffs,
4. The bailiff service initiates enforcement proceedings and issues an arrest order.

Arrest should not be confused with confiscation. Formally, these are different things, although in both cases the car can be taken away. Confiscation is a procedural measure within the framework of criminal law, and is carried out by a court decision in a criminal case, in contrast to arrest, which is carried out as part of enforcement proceedings, including in administrative and civil cases (bank loan and others).

No one can just take a car based on the mere existence of debts! To do this, 2 important formalities must be observed:

• Enforcement proceedings must be initiated against you (),
• and as part of this proceeding, an arrest order must be issued (it is also displayed as a result of a search by full name on the bailiffs website).

Only based on the result of the decision within the framework of the proceedings, bailiffs can take away the car in 2019.

Can a car be confiscated for traffic fines?

Yes. For almost any unpaid fines, including those from auto-fixation cameras. But for this it is important to understand the terms after which the delay appeared, and how long it lasts.

These deadlines look like this:

1. the driver or owner is given an administrative decision with a fine and given 70 days to pay (10 for entry into force, 60 directly for payment), if the person has not appealed the fine,
2. after this period, the fine can be transferred to the bailiffs (and fines are not always transferred in practice),
3. the bailiff, who is responsible for the information about the debt, initiates enforcement proceedings on paper and is obliged to give 5 days for voluntary payment,
4. after this period, a decision may be made to collect funds from the debtor’s accounts - then the bailiff makes inquiries to banks (at random and not all) about the availability of the debtor’s accounts; if any are found, the money is debited from the card or accounts,
5. further, if it was not possible to collect the debtor’s money directly, then an arrest may be imposed, only within the framework of which the car can be taken away to be sold against the debt.

Important! If the amount of your debt is less than 3,000 rubles, then arrest cannot be imposed (Part 1.1 of Article 80 of the Federal Law). We are talking specifically about each enforcement proceeding - that is, about each unit of debt, and not the total amount of all debts.

This also applies to civil debts.

If you lose a civil lawsuit for collection

If your debt arose as a result of a claim against you by a third-party organization or individuals, then everything here is similar to traffic police fines, and the car can be taken away by bailiffs if the amount of debt is more than 3 thousand rubles.

The most common categories of debts for which FSSP cars are taken away:

• recourse claim from the insurance company under compulsory motor liability insurance (a particularly common case is when the culprit did not provide a copy of the European protocol),
• a claim for compensation for damage in an accident when the culprit does not have auto liability insurance, therefore, he himself is responsible for the damage.

Can they take the car for a loan if you don’t pay it?

Yes. This is a type of civil case. Moreover, we are not necessarily talking about a car loan - if any credit, loan or other obligations are not repaid, the debt can be collected at the expense of the debtor’s car. But only bailiffs. And there is a difference between a simple loan and a car loan when the car is pledged as collateral.

For a simple loan, the car is sold (sold at auction) by the bailiffs themselves, and the proceeds are used to pay off the debt. The difference then goes to the debtor's account.

In the case of a car loan, where the car is pledged to the bank, the scheme is slightly different, but even here the bank cannot simply take away the car. First, the bank is obliged to go to court to issue a ruling to recover funds from the debtor. As in all the schemes above, by court decision the writ of execution goes to the bailiffs.

But the difference here is that the seized car, which was taken by the bailiffs from the debtor, is not sold by the bailiffs themselves, but is transferred to the bank, and the bank sells it as collateral. At the same time, the buyer can transfer money to the account of the debtor directly, but only in the same bank, and the debtor will have secondary access to the account - the priority will be to write off the debt at the expense of the seized and sold car as collateral.

If a car is the only source of income

It would seem that the logic is obvious - how will the debtor pay off his debts if his only opportunity to earn money on these debts is taken away?!

The subtlety here is that if the car is the main (not necessarily the only) source of income for the debtor, then the bailiffs do not have the right to take it away. Article 446 of the Civil Procedure Code directly speaks about this.

But there is a limitation - if you have even a slightly expensive car, then they can already take it away. According to the law, for the car to be inviolable against seizure by bailiffs, its value should not exceed 100 times the minimum wage. For 2019 it is just over 11 thousand rubles. Accordingly, if your car costs more than 1.1 million rubles, then they will be able to take it away from you for debts.

How to avoid having your car seized by bailiffs?

Here we are talking specifically about the seizure of the car by the bailiffs, and not when it is pledged to the bank. The most obvious way to avoid losing your car if bailiffs take it is to get rid of it. Property that does not belong to the debtor will not be able to be taken away... With the exception of exceptions, there is an important subtlety in this issue.

According to the law, you can get rid of property in 2 ways:

• sell a car,
• give it away.

But you can also rent out a car, and for free (otherwise, under the lease agreement, you will have to pay money, which must be used to pay off debts).

The subtlety is that the sale or gift of a car can be considered fictitious and illegal - only for the purpose of hiding property from the bailiffs. To do this, the bailiff sues to recognize the transaction as fictitious, and then the car will be taken away from the buyer. And imagine if on your part and his part the sale was initially in good faith!

If the car was alienated after the start of enforcement proceedings and, even more so, after the FSSP issued a seizure order, then the transaction will be declared invalid with a high degree of probability. Especially if it is proven that you continue to use the car, as well as family or other ties between you and the buyer/donor/tenant.

Other possibilities result in the inability to use the machine:

• disassemble the car into parts and provide the bailiffs with only the body for seizure as part of the arrest,
• hide the car.

How to avoid having your car seized as collateral by the bank?

Here everything is much more complicated. According to the legislation in force in 2019, you generally do not have the right to sell, give away or otherwise alienate the collateral - a car.

Accordingly, if the car is pledged to the bank, then any sale or gift of it will be considered illegal, and such a car will be taken away from the buyer. That's why

Illustration from the Internet

How is confiscation justified?

Take a car to pay off a debt may be for non-payments for various offenses: traffic police fines, alimony, housing and communal services debts, loan arrears. At the same time, not only the car can be confiscated, but also its parts - the radio, acoustics and even the spare tire.

Formally, confiscation can occur if debt exceeds 20 thousand rubles. However, timely payment, as practice shows, does not always guarantee protection due to a flurry of problems with updating the debtor database among bailiffs, Life reports.

A car can only be confiscated by a court decision, for which the bailiffs need to start enforcement proceedings. The debtor is properly notified of the start of this process by mail, but the letter does not always find the addressee: a person may, for example, not live at his place of registration. Yes, and letters can be stolen from the mailbox. In this case, the debtor may not even know what he faces.

What documents can the bailiff present?

Just like that, the first bailiff who comes along cannot seize the car. A servant of the law must present a copy or original of the writ of execution- a document with the help of which the debtor is notified of overdue debts. Here, a lot depends on the statute of limitations - 5 days are usually given to pay debts. If this period has already passed, the bailiff will offer pay off the debt immediately. If the citizen refuses, then only then can his property be confiscated.

Debtor's rights

If there was no notification, FSSP employees do not have the right to seize the car, Leonid Olshansky, vice-president of the Russian Motorists Movement, told Life.

“If the bailiff indicates that a citizen is a debtor, he must notify him of this and then open enforcement proceedings. A citizen can say that he knows nothing about his debt. If there is a court decision to collect the amount of debt from the debtor, you can refer to the fact that the owner of the car did not receive notification and, therefore, did not know about it. This means he has no obligations. You need to defend your position. If it doesn’t work out on the road, then in court,” advises Leonid Olshansky.

Sometimes debtors register the car in advance to a third party. Such a car cannot be seized.

What car won't be confiscated?

There are a number of cases when a car cannot be seized from a debtor for certain reasons. So, if a citizen needs a vehicle due to a disability, the bailiffs will not be able to confiscate it. Also, a car cannot be taken away if it is for a person is the only means of earning money.

Formally, force majeure circumstances such as the birth of a wife or the need for a doctor to rush to the operating room will not be a reason for refusal of confiscation for bailiffs.

“In the event of force majeure, there is a possibility that the bailiff will cooperate and release the debtor. But, as a rule, where the bailiff has the opportunity to seize property to pay off debts, he will not care about a pregnant woman in the car, the fact that the driver is late, and other problems of the debtor, he needs to work,” explains the president of the Legal Defense College car owners" Viktor Travin.

In addition to confiscation, the car may be seized and, by decision of the bailiff, it may be sent to a special parking lot or handed over to the owner for safekeeping. In the latter case, you can drive the car, but you cannot sell it or give it away. The same goal is pursued by another penalty - a ban on registration actions. In this case, the car is entered into the traffic police database and such a car cannot be deregistered or registered. This is supposed to make it impossible to sell a car, but many scammers manage to take advantage of this. In this regard, lawyers advise checking the car using the database of the Federal Bailiff Service, the State Traffic Safety Inspectorate and on specialized websites.

Is it possible to return the car?

If confiscation cannot be avoided, you can still return the car. On the spot, the bailiff approximately determines car cost, the final price of the seized car is determined by an expert. Next, the car is put up for auction. Before a car is purchased, it belongs to the previous owner. Thus, having paid off the debts, The car can be returned through the court while it has not yet changed its owner. But for this you will have to pay costs, such as storage. You can also apply to the court to request a deferred payment. In this case, sales will be suspended, but you will still have to pay for parking.

Today, bailiffs are trying with all their might to fight debtors. Whatever they come up with. They look for people on social networks, come home, deprive them, take away pensions and salaries.

Another way was joint actions with traffic police officers. The police slow down the car, and the bailiffs check whether the person passes through their bases or not. If yes, then the vehicle is seized right on the spot. This raises a reasonable question: is this even legal?

Suppose the unfortunate driver has a debt of 5,000 rubles. the bailiff seized the car worth 500 thousand. The amounts are clearly incompatible. Let's figure out what to do in such a situation?

The bailiff seized the car, what should I do?

As can be seen from Federal Law-229, the debtor’s property can be seized only for the amount that the court has appointed and no more. Accordingly, if they take your car for a small debt, this is illegal.

The bailiff is obliged to give you a receipt for payment and 10 days to voluntarily repay the debt. If you do not pay on time, your property may be seized, but only for the amount specified in the enforcement proceedings.

Important: If you have a lot of debt, you need to hire an independent appraiser for your property. Otherwise, the bailiff will independently conduct an inventory and indicate the undervalued value of the items. This is done for only one purpose, to quickly sell the debtor’s property and contribute funds to repay the debt.

Bidding, the debtor has the right to be the first to redeem his things. If this does not happen, then an auction is held, during which a price is set and if the property does not sell, it is returned to the owner.

At the legal For individuals, auctions are held with a decreasing coefficient until the property is purchased by bidders.

The car was illegally seized by bailiffs, what should I do?

If the bailiff seized the car, the price of which is disproportionate to the debt, then his actions can be considered illegal. Sometimes this can lead to criminal liability on the part of the FSSP officer.

If this happens, you need to go to court and write a statement to the prosecutor's office.

Important: Please note that the seizure of property exceeding the amount of debt several times is one of the most common violations by bailiffs.

You don’t have to endure it, it’s your money, time and nerves. Defend your interests legally.