Sberbank was the first to sign such an agreement, which is why the most complaints from its clients can be found in the public domain. VTB24 is doing the same thing: the mechanism is being worked out on the basis of the Presnensky Department of the Federal Bailiff Service of Russia in Moscow, Deputy Director of the Operations Department of VTB24 Valery Mendus told reporters. The connection of other large banks with state participation is not far off.

The situation is somewhat alleviated by the fact that debtors’ funds are not written off from credit cards, but by mistake, write-offs can also affect them. The issue of paying fines and executing a court decision is not an issue for a law-abiding citizen.

Can a bank withdraw money for debts?

The current practice is that some banking institutions write off money for debts from those clients who did not even suspect that they had any debts.

Sometimes people don’t even know about traffic violations that are recorded by external surveillance cameras, but some banks, in conjunction with bailiffs, promptly write off fines from the account.

Initially, representatives of the banking segment flatly refused to carry out such procedures - due to precedents for incorrectly identifying account owners, banks did not want to work under such a system.

Banks are beginning to actively cooperate with bailiffs

If the debtor does not have funds in his account, the bank undertakes to monitor their receipt and will write them off as they are credited.

The powers to automatically write off debts for banks appeared a long time ago, back in 2007, but since the entry into force of the relevant legislative norm it has practically not been used, because banks were previously not willing to cooperate with the FSSP.

Which banks' accounts cannot be seized?

wow, I thought they were just writing off the money and that’s it... but they also block the card... it’s a shame that the bailiffs don’t seize the accounts. you need to pay the fine and go to the traffic police (if the fine is from there) to show them that you paid.

for them to note. We already had this too. but our accounts are not seized. the paper arrives at work or this amount is withdrawn from the bank account.

like from anyone if they know for sure that you have an account there.

Is there a bank where they won’t seize accounts?

The situation with anonymous wallets in electronic payment systems is still better; they are more difficult to track. There is a risk, of course, I wrote about it) I myself have several legal proceedings. I’ve been using the Alfabank card for a couple of years. No one has been arrested yet)) And the fact that the bailiffs do not always get to the accounts, then this is a question of the creditor’s interest in collecting the debt.

Prompt creditors themselves hand over to the bailiffs all the information about the debtor’s accounts and property, or even submit a writ of execution to the bank themselves.

And from which cards of which banks can the bailiffs not withdraw?

Another question is which ones will be difficult for them to find, definitely not in Sberbank

This is an email request.

So we have to offline all the goats (banks) in full (across the entire federal database) and poll them.

Deputy Director of the FSSP of Russia Tatyana Ignatieva clarifies that the full electronic document management system (all requests, responses, and procedural documents are sent electronically) works with five banks - VTB24, MDM Bank, Zapsibkombank, Bank of Moscow and Sberbank. Another 13 banks, including UralSib and Alfa Bank, are currently testing this system.

In general, the FSSP already works with 82 banks using an electronic document management system. True, most of them are not yet able to electronically process the main documents of the service - orders of bailiffs on the collection and seizure of funds.

If the amount in all the debtor's accounts is less than the amount of the debt, the bank transmits to the bailiffs the numbers of all the client's accounts indicating the balance for each.

And if there is no money for them at all, the bank begins to track them.

Forced withholding of citizens' funds must be carried out in strict accordance with the law. To find out which accounts bailiffs cannot seize, you need to know the intended purpose of the proceeds to citizens.

Grounds for seizure of assets in banking organizations

In which banks do bailiffs not seize accounts? The only basis for seizing the assets of citizens in financial organizations will be a resolution that can be issued by bailiffs after receiving documents from the claimant. The decision and writ of execution will indicate the amount to be withheld from a person’s income until the debt is fully repaid.

Every resident of the country has the right to use any financial instruments in domestic and foreign banks, as well as issue debit and credit cards. Restriction of such a right by law is not permitted. If, during enforcement proceedings, the debtor's assets are seized, this requirement applies to assets placed in bank accounts.

In which bank should I open an account without being arrested by the bailiffs? This depends on the nature of the actions of FSSP officials, who have the right:

1. carry out search activities regarding the property and finances of debtors;
2. send a request to seize assets in the bank where the finances of these persons have been identified;
3. control whether the ban is imposed in accordance with the legal requirement.

Free legal advice

Application sent successfully!

Our lawyer will contact you shortly and advise you.

Thus, if the bank receives a legitimate request from an FSSP employee, it is obliged to fulfill it in strict accordance with the instructions - to impose a restriction and carry out forced write-off.

What happens if the bailiffs do not know which banks the debtor has chosen to store or receive his income? This situation may well exist in practice, because banking organizations in the country number in the thousands, and FSSP employees, even if they want, cannot send documents to every bank.

Consequently, even choosing a specific bank will not avoid withholding if FSSP officials find out about the presence of a person’s assets in it. The most reasonable choice would be to choose a credit institution in another region, or one that is not on the list of banks most in demand among the population.

Which accounts can avoid seizure of funds?

Clients of credit institutions have the right to open any bank accounts provided for by its internal rules. However, they may have a specific purpose for receiving strictly defined payments or transfers. The nature of the proceeds will determine whether the funds can be seized.

What financial instruments are immune from forced lien? To do this, it is necessary to establish how bailiffs determine the maximum amount of recovery by court decision, and what part of the proceeds can be withdrawn without the consent of citizens?

Important! The law establishes that a person does not have the right to withhold more than 50% of his income. Moreover, there are certain types of income that are not subject to restrictions under any circumstances.

What types of payments cannot be seized in financial institutions? Such transfers include:

1. payments for the child: alimony, benefits, compensation for treatment, etc.;
2. payments related to compensation for harm to the health and life of citizens;
3. compensation and social benefits;
4. other similar types of translations.

Such income has a specific purpose that does not allow the general rules of enforcement proceedings to be applied to them. If bailiffs seize such proceeds, the debtor has every right to file a complaint with the court or addressed to a higher-ranking FSSP officer.

How will the designation of such payments affect the restriction of bank accounts? If a client of a financial organization indicates, when opening or preparing a card, its purposeful nature (for example, to receive alimony from the second parent), this will be the basis for exemption from the imposition of prohibitions.

Is it necessary to notify authorized persons or employees of a credit institution about the inadmissibility of forced withholding of funds from these types of assets? Citizens do not have such an obligation, however, in order to avoid the risk of illegal withdrawal of funds, they need to send a corresponding letter to the specified authorities.

How to return illegally withdrawn money

What should you do in a situation where your card is illegally seized, to which payments are transferred, from which deductions should not be made at all? In this case, you need to file a reasoned complaint with the enforcement service or the court.

To apply, you need to collect the following package of documentation:

1. certificates confirming the special targeted nature of payments;
2. forms indicating the actual transfer of these funds;
3. statements from a banking organization certifying the fact of imposing a restriction or actual withdrawal of money.

Note! A bank statement must confirm the intended purpose of the open instrument, which did not allow for the possibility of forced debiting of money in favor of the creditor.

You can file a complaint either to a higher official of the bailiff or directly to the court. It is recommended to indicate in the text of the appeal the illegal nature of the procedural measure, which violates the legitimate interests of the applicant.

Based on the results of the consideration, the court will determine the illegality of the procedural actions and will cancel the imposed ban. At the same time, the decision of the employee of the enforcement agency is subject to cancellation, and the applicant receives the right to return the withheld funds.

To receive money, you must obtain from the court a certified extract from the decision, as well as a writ of execution. These documents must be presented to the executor service for voluntary transfer of withdrawn payments. If such actions are not completed, the claimant can contact the local department of the federal treasury to receive money from the state budget.

Many people face a problem when their money on their salary card becomes unavailable for use due to arrest by bailiffs. Let’s now try to understand in more detail the question of how legal such actions are.

Reasons why an account may be blocked

In most cases this is:

• Unpaid administrative fine,
• Overdue loan debt,
• Debt for housing and communal services,
• Debt of alimony.

If there is enforcement proceedings open against you, the bailiff can seize your bank accounts, as well as send a writ of execution to your employer to collect the debt.

You should understand that when your employer receives a writ of execution for debt collection, he will not be able to withhold more than 50% of your income. The percentage of recovery may vary, depending on the article of recovery.

However, the most common case is when a writ of execution reaches a banking institution. The bank does not have the legal right to track and transfer to third parties information about the source of origin of your funds in open accounts. But he can block or write off money to pay off the debt.

The first thing bailiffs do when opening a case is to ask banks for information about the availability of the debtor’s accounts, seizing them in the amount of the debt. Bailiffs are vested with this right in accordance with Part 2 of Article 81 of the Law “On Enforcement Proceedings”.

The legal concept of “salary card” or “salary account” does not exist. This is a simplified, popular concept. It is these common names that mislead citizens. Current accounts are opened for all citizens who are not engaged in entrepreneurial activities. You can get acquainted with the list of all types of bank accounts in more detail by carefully studying the Bank of Russia instruction No. 153-I dated May 30, 2014.

The Federal Law on Enforcement Proceedings does not give bailiffs the obligation to find out the history of the origin of funds accrued when seizing bank accounts. In other words, the bailiff does not have any information at all into which specific account, be it salary or otherwise, he imposes restrictions and writes off money from it.

How much money can they hold?

The Federal Law “On Enforcement Proceedings” gives bailiffs the authority to write off funds from the debtor’s salary account in full. The only exception is the last periodic payment. The rules regarding the maximum withholding amount of 50 percent apply to him.

Guided by the court decision, the bailiffs can legally either seize the account or even collect the funds available on it. Article 99 of the Federal Law “On Enforcement Proceedings” states that more than 50% of the amount of his income cannot be withheld from the debtor’s accounts. The withholding of funds will stop only after all requirements are met (more details about them are indicated in the bailiff's writ of execution).

There are cases to which these restrictions do not apply:

• When collecting alimony;
• When claiming compensation for damage as a result of damage to a person’s health;
• If it is necessary to compensate for harm, the result of which led to the death of the family breadwinner;
• When compensating for material damage or reimbursing stolen funds as a result of the commission of a crime.

In such cases, up to 70% of the income may be withheld from the debtor.

In any case, the withheld percentage can be reduced to 30% at the request of the debtor if the family is raising children under the age of majority. Or up to 25% if only one of the parents is raising the child.

What to do if your salary card is seized

It is worth remembering that there are still legal restrictions on collecting debt from wages. But, as mentioned earlier, the bailiff does not know the origin of the money in your account. In this regard, it is necessary to provide evidence confirming the fact that the blocked account is a salary account. To do this you need to do the following:

1. If you do not know the reason for the seizure of your account, ask the bank for information about collections and seizures. On what date, and on the basis of what documents was the arrest imposed, by what authority, including full name. the official who issued this document - all this information is contained in the table provided. We also recommend checking your debt information online.
2. Now you know exactly what restrictions are imposed on your account and by whom. Request an extended statement from your bank. In addition to this, you need to take a certificate from your place of work confirming that your wages were actually transferred to the exact account that was seized by the bailiff.
   Download a sample certificate for bailiffs about a salary card
3. A statement must be written to the bailiff who issued the decision as a result of which the card was seized, demanding that the seizure be lifted. A bank statement and a certificate from the employer are attached to the application. To speed up the process of lifting restrictions, make sure that the application is submitted to the bailiff in person during business hours. There are other ways to submit an application: by mail or through the office.

If you document that the seized account actually contains wages for the last reporting period, the bailiff will lift the seizure by issuing an appropriate resolution.
For speedy withdrawal, the bailiff can give you this decree with an order for transfer to the bank.

What to do if the wage garnishment is still not lifted

In the event that the removal of the seizure from your salary card account is delayed, you have the right to file a corresponding complaint in the order of subordination, to the prosecutor's office or to the court. The procedure for challenging is described in Article 128 of the Law “On Enforcement Proceedings”

Do not rush to send complaints about blocking all funds from your salary account to various authorities. In order to save time, the first thing you should do is contact the bailiff, since your complaint filed with the court or prosecutor's office will still be transferred to the bailiff in accordance with Chapter 18 of the Law on Individual Entrepreneurs.

Is it the bank's responsibility to notify the client about the seizure of his account?

Here you need to carefully read the terms of the agreement for the issue and servicing of a credit card. The document states that the holder, by signing it, automatically agrees that the Bank has the right to write off from other accounts that have residual funds overdue debt in the amount of the second mandatory payment without additional consent of the card holder, if such a condition is provided for in the terms of the agreement .
The holder authorizes the bank to convert the finances available in its accounts into foreign currency at the rate established by the bank on the date of the transaction in the event of failure by the client to fulfill financial obligations to it.

This means that the bank’s actions regarding write-offs are legal. To avoid being left without a livelihood, always carefully read each clause of the contract before signing it.

Video response from a lawyer about the seizure of a bank card

The current legislation of the Russian Federation regulates the procedure for collecting debts from citizens and allows for the blocking of their accounts for further write-offs. Knowing which banks the bailiffs do not seize accounts, the consumer will be able to protect their funds from forced write-off by the Federal Bailiff Service.

Which accounts are not subject to seizure?

When figuring out which card bailiffs cannot seize, it is advisable to turn to the norms of the Civil Code of the Russian Federation. According to them, any bank accounts that do not belong to the social category are subject to seizure. This means that salary and other types of debit products may be blocked as a result of the actions of bailiffs.

Only those that are used to receive various benefits, allowances and subsidies are not subject to blocking. Among them:

1. Disability pension.
2. Child benefit.
3. Military pensions.
4. Various compensations.
5. Transfers related to compensation for harm to the life/health of the account owner.

Since such payments belong to a special category, they are an exception to the rules of enforcement proceedings. If such accounts are seized, a citizen has the right to apply to the courts or draw up an application addressed to the local head of the FSSP.

According to the laws, a citizen is not obliged to notify the bailiff service about the presence of such accounts, however, such a measure will help avoid erroneous blocking and the associated inconvenience.

In order to confirm the intended purpose of the account, you will need to provide the bailiffs with a special certificate-extract, which will prevent illegal debiting of funds.

Seizure of a bank account is carried out on the basis of a court order

Reasons for blocking

When studying how bailiffs find out about bank accounts, you must first decide on a list of reasons that may serve as a basis for actions by representatives of the FSSP. According to the law, the only reason why a citizen’s funds can be blocked is a resolution.

It is issued by representatives of this structure on the basis of documents received from the person or organization demanding repayment of the debt. The procedure provides that permission to collect funds is obtained as a result of a court hearing, at which the justice authorities consider the case and draw up a writ of execution.

It contains detailed information about the procedure for withholding and writing off funds from a citizen’s accounts, as well as the amount of funds that must be returned. Based on such a document, representatives of the FSSP have the right to:

1. Conduct research to determine whether the debtor has property and funds, including in accounts with financial institutions.
2. Send requests to them in the prescribed form to seize the citizen’s assets, if such have been identified.
3. Monitor the account seizure procedure to ensure that the ban complies with legal requirements.

At the same time, the user must take into account that the FSSP cannot collect from a person more than 50% of salary or other payments. It should also be noted that the legislation provides benefits for single parents with minor children to support. In such a situation, a write-off of no more than 25-30% is allowed, which makes it possible to alleviate the financial situation of the debtor.

Most often, consumers experience blocking of their accounts due to the following reasons:

• presence of large debts for housing and communal services;
• unpaid fines;
• debts on alimony and other obligatory payments;
• serious delays or large amounts of loan debt.

It is important to take into account that with a large amount of debt, bailiffs have every right to seize not only money from the debtor, but also property. However, such a measure is not provided if the citizen’s debt is less than 3,000 rubles.

Bank account seizure scheme

How an account and card are blocked

In its work, the FSSP is guided by the norms of legislation, as well as a clearly defined algorithm of actions that ensures the legality of their actions. The blocking procedure takes place in several stages. The first of these is a court hearing, at which the debtor is given the opportunity to independently pay off the current debt.

If this has not been done, the judicial authorities will initiate a forced collection procedure:

1. The writ of execution, which is the basis for the actions of the bailiffs, is sent by the court to the FSSP.
2. Bailiffs search for the debtor's assets, after which they send requests for blocking to the financial organizations where they are located.
3. Banks fulfill the request and their client is deprived of the opportunity to use the account as usual.

When figuring out which banks are blocked by bailiffs, it should be noted that all operating financial organizations in the Russian Federation are required to comply with requests from the FSSP. At the same time, the bailiffs independently search for the client’s assets, which is why there is a small chance of avoiding blocking.

However, it is worth considering that representatives of this department have every right to write off all charges that were found on the debtor’s accounts if they were credited before the writ of execution was issued.

Among the organizations from whose accounts bailiffs quite rarely write off funds, it is advisable to note:

1. Online payment systems. Due to the high level of anonymity, accounts in electronic money systems do not always come to the attention of the FSSP, which allows some users to protect their accounts from blocking.
2. Cryptocurrency. Perhaps the most reliable option to avoid blocking funds by judicial authorities is to store them in cryptocurrency wallets. Many of them guarantee complete anonymity to the owner, and transactions made by users of such systems cannot be tracked.
3. Small and regional financial institutions. Since bailiffs, on the basis of a writ of execution, are forced to independently carry out search activities and send requests to banks, the client can avoid blocking the account if he places it in a little-known institution.

However, none of these options gives a 100% guarantee that the user will be able to avoid legal debiting of his funds and blocking of his account.

When the debt is fully repaid, the arrest from the accounts is removed

What to do if your account is frozen

Often, users faced with blocked accounts and debited funds explore possible options for action in such a difficult situation. The most obvious option seems to be full repayment of the debt that caused the seizure and further use of the salary or other account without restrictions.

However, the consumer does not always have such an opportunity, especially if the debt is large, so he should take one of the following actions:

1. Write a statement to the bailiffs.
2. Agree with the creditor.
3. File a lawsuit.

The first option is used most often. He assumes that the debtor visits the service branch and writes an application to unblock the card. In the future, any charges on it will be charged up to 50% towards the debt until it is fully repaid. The application must reflect:

1. Full name of the debtor, address of his residence and place of work.
2. The name of the bailiff service, as well as the person responsible for working with the debtor.
3. Date of opening of enforcement proceedings, data of the court that made the decision.
4. Full details of the financial institution where the account is blocked.
5. Seized account number.

It is extremely important to indicate the above data without any abbreviations. Such an application is considered by the service within 30 days from the date of receipt of the document. The debtor will be notified of the authority's decision, and if it is positive, the accounts will be unblocked.

The second option assumes that a citizen can contact the creditor, partially repay the debt, ask him to withdraw the demand and allow him to pay off the debts.

The third option assumes that the citizen draws up a statement of claim in which the bailiff service will be the defendant. In this case, there is a possibility of appealing the blocking decision, as well as a reduction in the amount of monthly write-off. However, the trial takes quite a long time, which makes the method unacceptable for those users who do not have any income other than wages.

It should be remembered that the ban on using the account can only be lifted at the initiative of the FSSP.