Problem

The bailiff came home and said that in a month he would come to inventory the property. He said that he would describe everything, even the sofa, cabinets, etc. 1. I am not the owner, but only registered. 2. A tenant lives in the second room, how can he protect his property? 3. What exactly can bailiffs describe? (Cabinets, bed, sofa, TV, etc.) 4. If there is a document that the equipment was purchased by the parents and there is their signature and name on the warranty card, can these things be taken away?

Solution

Hello, Pavel!

In your situation, it will be useful to know what property bailiffs cannot seize; here is a link to the article of the Civil Code of the Russian Federation, as well as the collected material.

Article 446 of the Code of Civil Procedure of the Russian Federation quite popularly describes all types of property owned by a person, for which recovery is not carried out according to executive documents. Let us consider in detail what property bailiffs cannot seize:

Any prizes, honorary insignia and awards issued by the state.

Vehicles and other property that a disabled debtor cannot live without in everyday life.

Fuel. If a person uses it to heat their home during the heating season or prepare food for their family.

Cash and products. The amount of cash and the cash equivalent of food products must be no less than the minimum subsistence level established in the region for the defaulter and his dependents.

Seeds for the next sowing.

Livestock and poultry, bees, rabbits and other animals, as well as their feed and outbuildings not used for the purpose of conducting business activities.

Any property the purpose of which is a person’s professional activity. As an exception, items with a cost exceeding 100 times the minimum wage are included.

Furniture, household appliances and other home furnishings, as well as shoes and clothing. Exceptions are jewelry and luxury items.

Residential premises/parts of these objects and the plots of land on which they are located. It is important that such a residential property must belong to the defaulter and be the only place for his family to live. An exception (Federal Law No. 229 “On Enforcement Proceedings”) is collateral (for example, a mortgaged apartment pledged to a banking organization).

If the amount of debt is less than 3 thousand rubles, then the arrest is not made.

So, they cannot take away from you:

1. Household items. These are those things that you cannot do without every day (shoes, clothes, food, etc.). It should be noted here that the law in this matter is not perfect. Due to the fact that there is no clear list of household items, the bailiff may describe your washing machine, microwave oven and other household appliances. They just consider these luxury items that can be seized. However, if you think these are things you need on a regular basis, sue. It's free and most likely you will be at least partially satisfied.
2. Property that is an integral part of your income. For example, if you are a taxi driver, then they cannot take your car away, or if you earn money using a computer and can prove it, the bailiff cannot seize it either.
3. Draft animals, poultry, bees, if they are not part of your business activity. That is, if you do not sell it, but use it as a personal property.
4. Living space if you have nowhere to live.
5. Property needed debtor bailiff due to his disability, including a specialized car.

If the debtor of the bailiff does not live alone

If the debtor of the bailiff does not live alone in the apartment, then you should clearly separate your property from the property of your cohabitants. That is, it is better that for the equipment that is in the house, but not purchased by you, there are documents or a guarantee that indicates the name of your cohabitant as the owner.

If you live with your spouse, then only part of the property belonging to the debtor of the bailiff can be seized. If you have two TVs in your house, only one can be taken away; if there is one washing machine and one computer, since they cannot be divided in half, only one can be taken away. But this should not contradict the list of things that cannot be confiscated.

You must know that the bailiff is obliged to notify the debtor of the visit. However, the bailiff is not required to verify that you received the notice.

What is prohibited to a bailiff

1. The bailiff can only appear from 6 a.m. to 10 p.m.
2. Even at this time, the bailiff does not have the right to appear at the debtor’s place if:
   • it threatens the health and life of the bailiff debtor;
   • if the debtor fulfills the requirements of judicial enforcement proceedings;
   • the debtor has the court's permission to defer.

Also, you should know that foreclosure on the debtor’s property consists from his arrest (inventory), seizure and forced sale of property.

Arrest, i.e. inventory of property takes place in the presence of two witnesses. The period of seizure is determined by the bailiff. After arrest, the debtor has no right to carry out any manipulations with this property. Usually, this is done to ensure that the debtor pays off the debt. It happens that either the seized property is left on the territory of the debtor, or sometimes the bailiffs seize it for storage. The act of arrest is drawn up in two copies, one is handed over to the debtor against signature. There may be a third act if the property is transferred for storage somewhere.

Seizure of the debtor's property for the purpose of its further transfer for sale is carried out under an act of seizure of seized property. Just like acts of inventory and seizure of property, an act of seizure of property must be drawn up in the presence of attesting witnesses and signed by attesting witnesses.

Solution

Good afternoon

You write: “The tenant lives in the second room, How can he protect his property?

If the bailiffs come to your apartment and seize the property that is in the apartment, then he will need to apply to the court with an application to exclude the property from the inventory and lift the seizure. However, not all property can be seized. And in court it is necessary to prove that the seized property belongs to him or perhaps to someone else, but not to the debtor. But it’s better not to let things get to this point. As soon as possible, go to court and file a claim to remove this person from registration.

Solution

Hello Pavel,

As for the legality of the actions of the IRS,

in this case, bailiffs can enter the apartment and describe the property, since, according to registration, this is where the debtor will live. And registration at the place of residence, according to current legislation, is a place of permanent residence, regardless of the ownership of residential premises. And the place of residence requires the presence of personal belongings in the premises. And if this does happen and the bailiffs make an inventory of the property in the apartment where the debtor is registered, then if this seized property contains property that belongs to other persons, they will need to file a claim in court to release the property from seizure and exclusion from the inventory. Of course, checks and witness statements will be suitable for them to prove ownership of the property.

Tell me, does the owner have a rental agreement for residential premises with the tenant, which states that the residential premises are provided without furniture and equipment?

As for the inventory of property itself,

The procedure for foreclosure on the debtor's property is described in Art. 69 Federal Law "On Enforcement Proceedings", according to which:

Execution of the debtor's property under enforcement documents applies primarily to his funds in rubles and foreign currency and other valuables, including those located in accounts, deposits or deposits in banks and other credit organizations, with the exception of the debtor's funds located on collateral, nominal, trading and (or) clearing accounts. The debtor's funds in foreign currency are levied in the absence or insufficiency of funds in rubles.

If the debtor has no or insufficient funds, foreclosure is applied to other property belonging to him by right of ownership, economic management and (or) operational management, with the exception of property withdrawn from circulation and property that cannot be applied to in accordance with federal law recovery, regardless of where and in whose actual possession and (or) use it is located.

According to the provisions of Art. 446 of the Code of Civil Procedure of the Russian Federation, recovery under executive documents cannot be applied to the following property owned by a debtor citizen:

residential premises (parts thereof), if for the debtor citizen and members of his family living together in the owned premises, 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;

(land plots on which the objects specified in paragraph 2 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;

items of ordinary home furnishings and household items, personal items (clothing, shoes and others), with the exception of jewelry and other luxury items;

property necessary for the professional activities of a debtor citizen, with the exception of items the cost of which exceeds one hundred minimum wages established by federal law;

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;

seeds needed for the next sowing;

food and money for a total amount not less than the established subsistence level of the debtor citizen himself and his dependents;

fuel necessary for the family of a debtor citizen to prepare their daily food and heat their living quarters during the heating season;

means of transport and other property necessary for the debtor citizen in connection with his disability;

prizes, state awards, honorary and memorable signs awarded to a debtor citizen.

Continues to understand the legal aspects of various aspects of our lives. Today, together with Anastasia Pavlyuchenko, a lawyer at the Revera Consulting Group Ltd. law office, we will talk about in what cases and what kind of property can be confiscated from you.

The Constitution of Belarus provides that the state guarantees everyone the right to property and its protection. Forced alienation of property is permitted only on the grounds of social necessity, subject to the conditions and procedures established by law, with timely and full compensation for the cost of the alienated property, as well as in accordance with a court order.

Confiscation is precisely a method of forcibly taking property into the ownership of the state by court order. The legislation provides for confiscation as a punishment for a criminal offense, as well as as a penalty for an administrative offense.

What is confiscation under the Criminal Code?

Confiscation of property is a criminal punishment that is imposed in addition to the main punishment (for example, imprisonment) and consists of the forced, gratuitous seizure of the property of a person convicted by a court for committing a crime into the ownership of the state.

Why can property be confiscated?

Confiscation of property may be ordered by the court if the following conditions exist in total:

• the person has committed a serious or especially serious crime;
  At the same time, the Criminal Code classifies intentional crimes as serious crimes, for which imprisonment for a term of 6 to 12 years is provided; for especially serious cases - imprisonment for a term of more than 12 years, life imprisonment or the death penalty. For the commission of other crimes for which the Criminal Code provides for more lenient punishments (these do not pose a great public danger and are less serious crimes), confiscation is not imposed;
• the person committed the crime for selfish reasons;
  The Criminal Code calls selfish motives that are associated with the desire to benefit from a crime for oneself or one’s loved ones (as well as to save one from material costs);
• confiscation is expressly provided for in the article that establishes liability for the crime committed.

It is worth noting that confiscation can be mandatory (“with confiscation of property.”), and then it must be applied in any case when a person is convicted under this article, or it can be optional (“with confiscation of property or without confiscation.”), and in this case, the court must decide and justify in its verdict whether to apply confiscation or not.

That is, confiscation is applied, as a rule, in cases where, in connection with the commission of a crime that is quite serious from the point of view of social danger, a person has acquired some kind of material benefit. At the same time, the Criminal Code does not establish that the court must order confiscation in proportion to such property gain (for a bribe of $1,000, all the property of the convicted person can be confiscated). But when imposing confiscation of property, like any other punishment, the court must take into account the severity of the crime, information about the identity of the perpetrator, his family and financial situation.

Can family members' property be confiscated?

According to the general rule, according to the Criminal Code, property owned by the convicted person is subject to confiscation (an exception concerns the special confiscation of a vehicle in the event of repeated driving while intoxicated - in this case, the vehicle is subject to confiscation regardless of whose ownership it is in) .

In addition, property that is in common ownership can be confiscated, to the extent of the convicted person’s share. For example, a share in property acquired during marriage and which is the joint property of the spouses. In this case, confiscation cannot be applied to the share of other persons, in particular to the share of the spouse.

If the property of other persons is subject to confiscation (or arrest for the purpose of subsequent confiscation), then they have the right to defend their rights in court by filing a claim to release their property from seizure.

It should be noted that property that, for the purpose of concealment, was registered in the name of other persons under fictitious transactions is also subject to confiscation. Such transactions are often contracts of gift, purchase and sale without actual execution, marriage contracts, etc.

Law enforcement agencies have sufficient means to identify and challenge such transactions in order to apply and enforce property confiscation.

In addition, it is worth noting that obstructing the execution of punishment in the form of confiscation of property (including in the form of alienation or concealment of property) is an independent crime.

Apartments, fur coats, diamonds - what can be confiscated?

Any property of a convicted person may be confiscated, with the exception of those vitally necessary for him and his dependents. The list of such property is provided for in the legislation. This includes, in particular:

• house, apartment in which the convicted person and his family live (that is, if the convicted person has one apartment in which he and his family live, then it cannot be confiscated);
• the minimum required amount of furniture, clothing (with the exception of so-called luxury items, including valuable clothing, fur products);
• food and money for a total amount equal to ten basic units for the convicted person and each member of his family.

All or part of the convicted person’s property may be confiscated. More often, courts apply complete confiscation. If partial confiscation is applied, then in the verdict the court indicates exactly what part of the convicted person’s property is confiscated (for example, ½), or lists specific items.

The lack of property of the accused is not an obstacle to the use of confiscation, since such property can be identified even after the pronouncement of the verdict (during its execution).

Additionally, it should be noted that the Criminal Code provides for the concept of special confiscation. It involves the seizure of instruments of crime belonging to the convicted person (for example, weapons), things seized from circulation (for example, narcotic drugs), as well as property and income acquired by criminal means, and is always applied regardless of the gravity of the crime, the motive for its commission and the presence of an indication in the article .

How does confiscation happen?

Confiscation as a criminal punishment is imposed only by the court in a verdict in a criminal case, which must indicate whether all or part of the property of the convicted person is subject to confiscation, as well as the reasons for the decision.

During the investigation of a criminal case, law enforcement agencies have the right to seize property, which in the future may be confiscated by a court verdict. Seizure of property consists of a prohibition to dispose of (sometimes a prohibition to use) this property or the seizure of property and transfer of it for storage.

The execution of the penalty in the form of confiscation is carried out after the sentence enters into legal force by the enforcement authorities.

Can property be confiscated for an administrative offense?

Confiscation for an administrative offense is also an additional penalty, that is, it is imposed in addition to the main one (for example, a fine). It applies when this is directly stated in the relevant article of the Code of Administrative Offenses.

Confiscation is subject to income received as a result of illegal activities, as well as the object, instruments and means of committing the offense, which are the property of the guilty person.

At the same time, the Code of Administrative Offenses in certain cases allows for the confiscation of the object, instruments and means of the offense, regardless of whether they belong to the perpetrator or other persons.

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The entry into force and execution of court decisions is ensured by the Federal Bailiff Service (FSSP), which is subordinate to the Russian Ministry of Justice.

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According to the legislation of the Russian Federation, two categories of bailiffs perform two main missions: they ensure the established order of work of the courts and enforce court decisions.

Debtor citizens have to deal with bailiffs who have come to enforce a court decision to collect debt.

Rights and obligations of the FSSP

To visit citizens, the bailiff must have an identification card with him, and he is also allowed to carry a firearm in case of rude resistance from the debtor.

In order to enforce a court decision, the bailiff can:

• request from the debtor the necessary information regarding enforcement proceedings and personal data;
• check one or more identification documents;
• enter the premises that belong to the debtor and inspect it; if the bailiff cannot do this by a voluntary decision of the citizen, he has the right to take coercive measures;
• if the debtor shows resistance up to the point of threatening the life of the performers, within the framework of the law it is allowed to use special means and firearms;
• call debtors to the regional department of the FSSP to resolve issues regarding enforcement documents;
• check financial documents on the debtor’s income in the accounting department of his employer;
• arrest, seize or transfer for storage the property of the debtor;
• impose restrictions on cards and valuables stored in safes in the amount specified in the executive document;
• sell property;
• put the debtor, his children and property on the wanted list;
• get help from employees of internal affairs agencies, migration registration, and the FSB.

In addition to powers, the bailiff has duties that he must strictly fulfill:

• appear to the debtor only at the appointed time, from 6:00 to 22:00;
• do not come on weekends;
• take actions only on the basis of a court decision;
• seize only property acquired by the debtor and in his presence;
• do not confiscate property that, according to the law,;
• warn about your intention to use harsh measures to collect debt using force and weapons, and if this happens, provide medical assistance to the victims.

Legislative regulation

The powers of bailiffs relate to the complex property and financial sphere of individuals and legal entities, therefore their activities are regulated on the basis of legislative acts:

1. Constitution of the Russian Federation.
2. Federal Laws “On Bailiffs” and “On Valuation Activities”.
3. Civil Code.
4. Code of Civil Procedure.
5. Regulations on the FSSP.
6. Regulatory acts of the Ministry of Justice.
7. Other acts, orders, instructions.

The bailiff begins to search for the debtor and his property when enforcement proceedings have begun and a writ of execution has been issued. The procedure comes into force after the trial.

A copy of the document stating that enforcement proceedings have begun is sent to the debtor by mail.

By law, he has 5 days to voluntarily repay the debt; if this does not happen, a decree is issued that the debtor’s property must be found and seized, and another 7% is added to the amount of the existing debt.

The debtor is also notified in writing of the imminent visit of the bailiffs.

What can bailiffs take away?

After a decision has been made to search for the debtor’s property and impose a lien on it, the bailiffs begin to exercise their powers.

A debtor is considered a citizen who:

• does not return the loan;
• violated obligations regarding tax and other payments to the state budget;
• does not pay;
• owed a round sum on utilities and more.

But what can bailiffs take away? First of all, arrest is imposed on:

• bank accounts;
• deposits;
• personal savings on plastic cards;
• salary;
• pension;
• other financial assets.

If their value is not enough to pay off the debt, precious metals, securities, partially household appliances, antiques, even breeds of valuable and exotic animals are subject to seizure.

Once seized, restricted property cannot be sold or given away.

Most often, it is left in the custody of the debtor or transferred to a special organization.

For debts

All financial responsibility that an individual may bear to the state or government agency, which is not fulfilled over a long period, is called.

This includes late payment:
taxes;
fees;
penalties;
mandatory payments;
communal;
and others.

For non-payment of loan

The court decides to collect the debt by seizing the property if the borrower does not repay the loan and interest on it within six months.

In this case, the demands are made by a bank or any other financial organization.

Also subject to arrest are real estate purchased under mortgage lending and pledged.

Car

Movable property is subject to seizure if the funds in bank accounts are insufficient to pay the debt. After receiving the writ of execution, the bailiffs make requests to the relevant authorities to search for vehicles that are the personal property of the debtor.

The answer to the question whether bailiffs can seize a car for debts remains clear.

It is subject to inventory and arrest in the same way as other property, but the owner can use it if it remains in his custody. Only a disabled debtor cannot take away a car.

Apartment

Real estate is subject to seizure secondarily after funds.

But for this it is necessary to establish that it is the personal property of a citizen; disabled people and minors, for whom this is the only premises, do not live or are assigned to it.

For the debtor, the seized apartment must be the second one, and not the one in which he lives.

Rights

Bailiffs can take away your driving license so that the debtor cannot use the seized vehicle, especially if he owes payment of transport tax.

Bank accounts

Accounts located in banks in which the debtor’s finances are saved are subject to seizure first.

Despite the fact that it may be social assistance, disability benefits or alimony, the bank card to which the funds are received is subject to seizure, and not the money itself.

Personal funds on deposit, wages, and pensions are subject to seizure.

Procedure

First, the debtor is notified in writing that they will come to him to describe the property. The bailiff makes a visit regardless of whether the debtor has read the notice or not. Moreover, the notification of the commencement of enforcement proceedings is given to the debtor personally against signature.

To enter a residential premises, the bailiff is guided by a written permission signed by his management.

When making an inventory of the property, witnesses must be present, who, together with the bailiff, the debtor, and other residents of the premises, sign the document of seizure.

The ownership of things by the debtor is proven using various financial documents (checks, receipts, contracts and others).

What documents are required?

To fulfill his duties, it is enough for the bailiff to present the debtor with his identification and written permission to take an inventory of the property, and a resolution on enforcement proceedings.

What can't be taken away?

Bailiffs, according to the law, cannot take everything; they are not subject to arrest:

• personal belongings;
• household appliances designed to support life (refrigerator, washing machine, gas stove);
• items with which the debtor earns his living (for example, a designer’s computer, a taxi driver’s car);
• livestock farming, buildings for poultry and livestock, seeds for planting, if this is not used for business purposes;
• the only premises in which the debtor lives alone or with his family;
• Food;
• cooking fuel;
• car for a disabled person;
• objects or things that do not belong to the defendant.

The bailiff cannot seize the money and use social assistance, alimony, compensation, or child care benefits to pay off the debt.

Is it possible to protect your property legally?

There are several ways to help avoid inventory of property:

1. Provide documents proving that it was bought by another person (relative) and belongs to him.
2. Conclude a storage agreement with relatives, on the basis of which their belongings are kept in the premises.
3. Provide a gift agreement, on the basis of which things have already been donated by the debtor to someone.

But all this must be done before the debt collection trial begins.

If the debtor does not live alone

When other family members live in the premises with the debtor, he will have to prove that the thing that is subject to seizure is not his.

The relative must provide some document proving that he bought, for example, this household appliance. There must be his name and signature.

Only the debtor's personal belongings are subject to seizure.

Spouse's property

From married persons who equally own property, one of whom is the defendant, the bailiffs take only half of the things.

Because in practice it is not always possible to prove ownership with documents, especially if it concerns what is located in a residential area.

If the personal property of one of the spouses is not enough to pay off the debt, the law allows you to take another half of the joint property.

This is half of the things that could belong to one of the spouses during the division of property. A marriage contract certified by a notary can still save the situation.

It specifically lists the items belonging to both spouses.

Moreover, such a document can be concluded at any time, even during legal proceedings for debt collection and after a court decision.

Deadlines

After a court decision is made to forcibly collect the debt, the debtor has 5 days to do so voluntarily.

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 in order to collect debt from the borrower and satisfy 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 to be transferred to the plaintiff or sold. 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:

1. 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.
2. 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.
3. 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.
4. 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 conduct 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 illegal 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.