How to give property correctly: how to give, to whom to give, contract, risks

Protection of property from bailiffs

This happens in cases where the writ of execution was sent to the Bailiff Service. The defendant (debtor) can postpone such a moment by challenging the decision of the court of first instance on appeal, which is why it will not enter into legal force (it should be noted that even after the decision has entered into legal force, the cassation court can satisfy the application to suspend enforcement proceedings).

If foreclosure on property turns out to be inevitable, it makes sense to take possible measures to protect property from bailiffs, of course, within the framework of the law.

It is necessary to take into account that the bailiffs have information about the real estate in your ownership, as well as vehicles, securities, bank accounts (they are seized), the foreclosure is applied to the debtor’s income, with the exception of those listed in Article 101 of the Federal Law of 02.10. 2007 N 229-FZ “On enforcement proceedings”. Also, the bailiffs have the right, without your approval, to inspect the premises in which you live, to seize the property located there (a claim for exclusion from the inventory of seized property is possible if things that do not belong to the debtor come into view), with the exception of what is provided for in Article 446 of the Civil Code of the Russian Federation (the only residential premises, if the foreclosure is not related to its mortgage, the land plot on which it is located, etc.)

USEFUL : let's look at some ways that can help the debtor in this case, read on, and also watch the VIDEO on protecting the rights of the debtor

Property donation agreement

A gift agreement today is considered one of the most common types of document that is drawn up most often. The parties to such an agreement may be individuals, legal entities, or property may be transferred from a legal entity to an individual.

Subject of the agreement

The subject of an agreement of this type can be any type of property officially owned by the donor. The property of the donor is transferred to the recipient free of charge on voluntary terms. The subject of a gift agreement most often becomes the following property:

real estate;
vehicles;
intangible assets;
securities;
cash;
other items.

When signing the agreement, the type of specific property and its technical characteristics are indicated. The property transferred in accordance with such an agreement cannot be encumbered with the rights of third parties, that is, it should not be under arrest or pledge.

Features of the agreement

The gift agreement does not have a specific period of validity, since the time of its entry into force and termination of its validity is determined by the parties at the time of signing.

In the process of signing a document, the donor and recipient should carefully familiarize themselves with their rights and obligations, this will help them avoid further disagreements. This agreement also determines the period and place of transfer of the gift.

From the moment the gift is transferred, the recipient bears full responsibility for its safety. As for the termination of the gift agreement, it can only occur within the period stipulated by the agreement.

The period during which the donor can terminate the gift agreement is indicated at the time of signing it. In addition, such a document provides options for resolving disagreements, as well as actions of the parties in the event of force majeure.

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"" G.

in a person acting on the basis, hereinafter referred to as the “ Donor”

", on the one hand, and in the person acting on the basis, hereinafter referred to as the "
Done
", on the other hand, hereinafter referred to as the "
Parties
", have entered into this agreement, hereinafter the "Agreement", as follows:

1.1. In accordance with the terms of the Agreement, the Donor undertakes to transfer free of charge to the Donee the property (hereinafter referred to as the Gift) specified in clause 1.2 of the Agreement.

1.2. The gift to be transferred to the Donee has the following characteristics: .

1.3. The Donor guarantees that on the date of conclusion of the Agreement, the Gift belongs to the Donor by right of ownership, is not in dispute or under arrest, is not the subject of a pledge, and is not encumbered by the rights of third parties.

CONTRACT TIME

2.1. The Agreement comes into force from the "" year and is valid until the "" year.

RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The donor undertakes

3.1.1. Transfer the Gift to the Donee in the manner and under the terms of the Agreement.

3.1.2. Notify the Donee in writing of all hidden shortcomings of the Gift before transferring the Gift to the Done.

3.1.3. Notify the Donee in writing about the rights of third parties to the Gift.

3.1.4. The obligations of the Donor who promised the donation do not pass to his heirs (successors).

3.2. The donee undertakes

3.2.1. Compensate the Donor for real damage caused by refusal to accept the Gift.

3.2.2. In case of cancellation of the donation, return the Gift to the Donor if the Gift was preserved in kind at the time of cancellation of the donation.

3.3. The donor has the right

3.3.1. Cancel the donation if the Donee made an attempt on the life of the Donor, the life of his family members or close relatives, or intentionally caused bodily harm to the Donor.

3.3.2. Demand in court to cancel the donation if the Donee’s handling of the Gift, which represents great non-property value for the Donor, creates a threat to its irretrievable loss.

3.3.3. Refuse to perform the Agreement if, after the conclusion of the Agreement, the property or marital status or state of health of the Donor has changed so much that the execution of the Agreement in the new conditions will lead to a significant decrease in his standard of living.

3.3.4. Cancel the donation if the Donor survives the Donee.

3.3.5. Demand compensation by the Donee for actual damages in the event of the Donee’s refusal to accept the Gift.

3.4. The donee has the right

3.4.1. Before transferring the Gift, refuse to accept it by notifying the Donor in writing about this working days before the date of transfer of the Gift. In this case, the Agreement is considered terminated.

3.4.2. The rights of the Done, to whom the Gift is promised under the Agreement, do not pass to his heirs (successors).

PROCEDURE FOR TRANSFERING A GIFT

4.1. The Donor transfers the Gift to the Donee within up to one year.

4.2. Place of transfer of the Gift: .

4.3. The transfer of the Gift to the Donee is formalized by a bilateral Certificate of Acceptance and Transfer, signed by the Parties or authorized representatives of the Parties, which is an integral part of the Agreement.

4.4. The ownership of the Gift passes from the Donor to the Donee from the date of transfer of the Gift.

4.5. The risk of accidental loss (damage, damage) of the Gift is borne by the Donee from the date of transfer of the Gift.

RESPONSIBILITY OF THE PARTIES

5.1. The parties are responsible for failure to fulfill or improper fulfillment of their obligations under the Agreement in accordance with Russian legislation.

6. GROUNDS AND PROCEDURE FOR TERMINATION OF THE AGREEMENT

6.1. The Agreement may be terminated by agreement of the Parties, as well as unilaterally at the written request of one of the Parties on the grounds provided for by law.

6.2. Termination of the Agreement unilaterally is carried out only at the written request of the Parties within calendar days from the date the Party receives such a request.

RESOLUTION OF DISPUTES FROM THE AGREEMENT

7.1. The claim procedure for pre-trial settlement of disputes under the Agreement is mandatory for the Parties.

7.2. Claim letters are sent by the Parties by courier or registered mail with notification of delivery of the latter to the addressee at the location of the Parties specified in clause 10 of the Agreement.

7.3. Sending letters of claim by the Parties in a manner other than specified in clause 9.2 of the Agreement is not permitted.

7.4. The period for consideration of a claim letter is business days from the date of receipt of the latter by the addressee.

7.5. Disputes arising from the Agreement are resolved in court in accordance with the law.

FORCE MAJEURE

8.1. The Parties are released from liability for complete or partial failure to fulfill obligations under the Agreement if the failure to fulfill obligations was the result of force majeure, namely: fire, flood, earthquake, strike, war, actions of government authorities or other circumstances beyond the control of the Parties.

8.2. A Party that cannot fulfill its obligations under the Agreement must promptly, but no later than calendar days after the occurrence of force majeure circumstances, notify the other Party in writing, providing supporting documents issued by the competent authorities.

8.3. The Parties acknowledge that the insolvency of the Parties is not a force majeure circumstance.

OTHER CONDITIONS

9.1. The parties are familiar with the contents of Articles 572-582 of the Civil Code of the Russian Federation and Article 35 of the Family Code of the Russian Federation.

9.2. The Agreement is drawn up in two original copies in Russian, one for each of the Parties.

10. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Donor

Legal address:
Mailing address:
Phone fax:
INN/KPP:
Checking account:
Bank:
Correspondent account:
BIC:
Signature:

donee

Legal address:
Mailing address:
Phone fax:
INN/KPP:
Checking account:
Bank:
Correspondent account:
BIC:
Signature:

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How to protect household appliances from bailiffs?

Household appliances (microwave oven, refrigerator, heater, air conditioner, TV, etc.) under a sales contract with the seller (information about the buyer is included in the warranty card) may not belong to the debtor, but to one of his household members, in fact who made the purchase. Thus, the documents related to the purchase need to be examined, and if the information about the buyer does not coincide with the debtor, they must be presented to the bailiff. If someone else's household appliances are nevertheless included in the inventory, this may be the basis for an appeal against the seizure of property in terms of all or individual items.

Also, household appliances can be designated as transferred to the debtor under an agreement for gratuitous use by another person by concluding an appropriate agreement (if we talk about a lease agreement, it will require confirmation of rental payments). Agreements of donation, purchase and sale of property located in an apartment to another tenant serve the same purpose, but it must be taken into account that transferring property into the ownership of another person may be risky. In addition, in this and similar cases, it must be borne in mind that the bailiff has the right to apply to the court with a claim to declare the transaction invalid (imaginary).

The best option for a relatively small amount of debt may be the debtor’s independent sale of household appliances with payment of the required amount (part of it). In any case, this will be more profitable than selling the seized property.

Form and structure of the agreement

Art. 574 of the Civil Code of the Russian Federation establishes the possibility of concluding a gift agreement orally, with the exception of cases when one of the parties is a legal entity, and the amount of the gift exceeds 3 thousand rubles.

Everything in the structure of the agreement is standard: the main attention should be paid to the subject of the agreement. The transferred property is described in detail in order to identify it among similar things. The contract includes mandatory conditions about the subject and the sign of gratuitousness of the transfer; there may be additional clauses at the request of the parties.

How to protect things from bailiffs?

According to Article 446 of the Code of Civil Procedure of the Russian Federation, collection does not apply to items of ordinary home furnishings and household items. You don’t have to worry about clothing (if it is not a luxury item, such as a mink coat), shoes, or those things that are necessary to satisfy a person’s everyday needs for food, rest, treatment, and hygiene. Otherwise, as explained in paragraph 60 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 17, 2015 N 50, the question of which things can be classified in this category is decided by the bailiff, in particular, based on their purpose, price, actual use, taking into account how realistic it is to replace things with other, less expensive ones.

If the debtor disagrees with the fact that this or that thing is not classified by the bailiff as items of ordinary household furnishings, he can go to court, challenging the actions of the bailiff.

It is important to pay attention to the fact that luxury items, that is, expensive things that a person can clearly do without in his daily life - jewelry, expensive antiques, etc. relate to the property on which foreclosure is applied. Therefore, it is inappropriate to openly display them at a time when property is being seized.

How to donate an apartment

If the owner of an apartment is one person, he can give it as a gift to any person. If property was acquired during a legal marriage, it is community property.

Important! When the transaction is registered in the name of one person, the property is considered jointly owned. Even if they invested in the apartment in unequal shares.

The opposite situation is when one of the spouses bought a home before marriage. He is the sole owner.

If the subject of the donation includes registered citizens, but they are not the owners of the property, their consent to the transaction is not required.

Note:

if there is a minor child among those registered, he must be discharged and registered at a different address;
Forcible deregistration of the shared owners of the object of donation is considered a violation of the law.

Legal information! If we are talking about privatized real estate, the donation transaction requires the consent of only those citizens who officially participated in the privatization. Refusal of the procedure is confirmed by documents upon completion of the procedure.

Power of attorney for property

If the apartment owner does not have the opportunity to personally engage in the process, he can delegate his powers to a third party. A written power of attorney is drawn up and the document is certified by a notary office.

A power of attorney gives the authorized person the authority to represent the interests of the apartment owner within the framework of the actions specified in the paper.

The document is valid for no more than three years. If this period is shorter, the specific time frame is indicated in the power of attorney.

How to save property from creditors?

One of the options for saving property in the event of upcoming creditor claims against one of the spouses may be the conclusion of a marriage contract, according to which jointly acquired property, including that which will be acquired in the future, will be the personal property of the other spouse. The risks in this case include the fact that this agreement will most likely be contested (this does not mean that it will necessarily be declared invalid), in addition, there is a danger of real appropriation of property by the other spouse.

You can also insure yourself by selling valuable property and placing money in your child’s account, but you need to be prepared for the fact that spending it in the future will only be possible for the benefit of the child, since you are essentially making a donation in his interests.

But all this is not legal action; any of your creditors can be held accountable for a transaction not in the interests of enforcement proceedings; our lawyer can explain the issue of challenging the debtor’s transactions, both in person and by telephone.

USEFUL : you can also resolve the issue of postponing or installment execution of a court decision, so that you do not have to sell your property, watch the VIDEO on the topic

Agreement on donation of movable property (sample): form, procedure for execution

The donation of movable property is made orally or in writing, but each has its own characteristics - taking them into account, the parties choose the form of the transaction. In the article we will look at how an oral gift is made, how to draw up a written deed of gift and what is needed for this, as well as the nuances of taxation and return of the gift in case of cancellation of the transaction.

If you have any questions, you can chat for free with a lawyer at the bottom of the screen or call Free call for all of Russia.

What movable property can be donated and to whom?

The owner has the right to donate any things belonging to him. Movable property includes any property that, by its characteristics, does not belong to real estate: it can be moved without destruction or loss of appearance.

For example:

vehicles;
money;
shares, deposits, shares;
Appliances;
PCs, laptops;
electrical appliances;
tools for work;
smartphones and other gadgets;
musical instruments.

According to Art. 137 of the Civil Code of the Russian Federation, animals are also recognized as human property, so they can be given to other people along with the items presented above.

To whom can movable property be donated?

Citizens can donate movable property at their discretion to any people:

close relatives: children, parents, spouses, brothers and sisters (full and half-blood);
friends, acquaintances, distant relatives;
legal entities.

Important! When giving a gift to a minor under 14 years of age, the parents sign the documents instead. Children over 14 years old sign and receive gifts independently, but with the consent of the representatives.

Legal advice: gifts for general benefit to non-profit organizations (legal entities) are best transferred under a donation agreement. Let's look at its features further.

Donation of movable property to a legal entity or organization

For a gift between a legal entity and an individual, or between two enterprises, several subtleties are characteristic:

if an organization makes a gift to a citizen, the consent of all owners will be required, provided that its receipt is provided for by the charter;
according to Art. 575 of the Civil Code of the Russian Federation, it is prohibited to give gifts worth more than 3,000 rubles. in favor of employees of social, educational, medical institutions, bank employees, if the transaction is related to their official position;
Gifts between two business entities are not permitted.

Let's look separately at the donation agreement. According to Art. 582 of the Civil Code of the Russian Federation, it is relevant for non-profit enterprises: social, medical, educational, religious, public, etc.

They belong to legal entities; consent to the transaction is not required. The donor has the right to indicate in the contract the purpose of the gift and the specifics of its use.

If the conditions specified by him are not met, he will be able to demand cancellation of the donation.

Form of agreement for donation of movable property

According to Art. 574 of the Civil Code of the Russian Federation, donation can be made orally, with the exception of a few cases when a written gift agreement (hereinafter referred to as DD) is required:

the donor is an organization, and the value of the gift exceeds 3,000 rubles;
the giver intends to give the gift in the future.

Written form is required only for the above cases and donation of real estate.

An oral transaction is considered completed from the moment the gift, keys or title documents are delivered.

A written DD comes into force from the moment of signing, but is divided into two types:

real, when the gift is transferred immediately after signing by both parties;
consensual, when the DD is signed immediately, but it contains a promise of donation. The execution of the transaction begins on the occurrence of the date or event specified in the document.

Legal advice: movable property can be donated orally, but it is better to formalize the DD in writing. This will protect the rights and interests of both parties, and if there are grounds, it will allow you to quickly cancel the deal through the court.

Is it necessary to have a movable property donation agreement certified by a notary?

Notarization of the DD of movable things is not necessary, but if desired, the donor and recipient have the right to contact a notary. He will make sure that both parties are legally capable, explain their rights and obligations, and also talk about the legal consequences of the transaction.

The signature and stamp of a notary on the deed of gift means that both parties signed everything consciously, and will reduce the chance of challenging the deed of deed by third parties.

Important! For certification in favor of a notary, a fee is paid according to the tariff. If a contract is required, this is paid separately. In many offices, prices for work with documents start from 5,000 rubles, they are set by regional notary chambers.

Expenses

According to Art. 22.1 “Fundamentals of legislation on notaries”, the size of the tariff depends on the value of the gift and the family ties between the donor and the donee:

donation to close relatives: 0.3% of the value of the gift, minimum 200 rubles;
for other citizens – 1%, minimum 300 rubles.

Let's look at an example:

A woman gives her daughter a car worth 3 million rubles. A written deed of gift is issued. For certification the notary is paid:

3,000,000 x 0.3% = 15,000 rubles.

Procedure for drawing up a contract of donation of movable property

To transfer a gift to the recipient, you must first collect all the documents for it and agree on the transaction. It is important to consider that the donor does not have the right to demand money or a service in return from the other party, because the donation is made free of charge.

Briefly the process looks like this:

Drawing up DD.
Signing the deed of gift.
Presentation of a gift.

Let's look at the stages in detail.

Step 1: drawing up a deed of gift

You can draw up an agreement yourself, or seek help from a lawyer or notary. It is drawn up in two copies: one remains with the donee, the second with the donor.

When notarized, a third copy is signed for storage in the archives of the notary.

gift agreement

The Civil Code of the Russian Federation does not establish the requirements for a deed of gift, but it is important to reflect in it full information about the transaction:

FULL NAME. parties;
passport details, dates of birth of the donor and recipient;
information about the gift: car, equipment (you will need the brand, name and other data);
date of commencement of execution of the contract - after signing, or within a specific period;
rights, obligations, responsibilities of the parties;
conditions for canceling a transaction;
signatures.

Note! When drawing up a deed of gift, you can indicate the possibility of canceling the DD if the donor survives the donee (clause 4 of Article 578 of the Civil Code of the Russian Federation).

Sample car donation agreement:

Sample agreement for the donation of funds:

Sample share donation agreement:

Sample agreement for the donation of household appliances:

Documentation

For the transaction, the passports of the parties and documents for the gift are sufficient. If a car is given as a gift, you will need STS, PTS and documents confirming the basis for the donor's ownership rights.

Step 2: signing the contract

Everything is simple here: the parties read the terms of the deed of gift, and if they agree, they sign.

Step 3: gift transfer

By signing the DD, the donor undertakes to transfer the gift to the recipient within the established time frame.

What should the donee do after receiving movable property?

Further actions of the donee depend on the type of property. If it is household appliances, money or another gift, you can start using it immediately.

Everything changes when you donate a vehicle. Within 10 days you need to buy compulsory motor liability insurance, make changes to the title and register the car with the traffic police, otherwise you will have to pay a fine for violating the registration deadlines.

Taxation when donating movable property

Donees pay personal income tax in the amount of 13% when receiving shares, shares, interests, vehicles. If the gift is money or property in kind, no tax applies.

In any case, close relatives of donors are exempt from personal income tax. Citizens for whom tax payment is required must submit a 3-NDFL declaration to the Federal Tax Service at their place of residence by April 30, and deposit money by July 15 of the year following the year the transaction was concluded.

Is it possible to cancel a contract of gift of movable property?

It is possible to cancel the DD and return the donated property, but if there are grounds provided for in Art. 578 Civil Code of the Russian Federation.

The donor has the right to demand recognition of the DD as invalid if:

the recipient carelessly handles a gift that is of non-property value to the former owner, and there is a risk of its irretrievable loss;
the donee beat the donor, committed another crime against his life and health, or against close relatives;
the donee has died (return of the gift is possible if this is provided for by the terms of the contract).

The heirs of the donor who died due to the fault of the donee can also demand the cancellation of the deed of gift. A valid court verdict will be required as evidence.

Also, the creditors of the donor who donated the property using funds from business activities have the right to cancel the transaction if the DD is signed within six months from the date of the court’s decision on his bankruptcy.

Arbitrage practice

The grounds for canceling the DD do not depend on the type of donated property (movable or immovable).

According to the court verdict, any gift will have to be returned, this is confirmed by several decisions:

The consequence of challenging the deed of gift is the return of the gift to the donor and the cancellation of registration records. If the property is lost at the time the decision comes into force, the defendant may be required to compensate for this in cash.

Lawyer's answers to frequently asked questions

Is it possible to give movable property between spouses?

Possibly if the gift belongs to the donor according to the terms of the marriage contract. Both spouses have the right to dispose of property that is in common ownership equally. You need to first allocate a share (for example, make changes to the title of a car), and then draw up a deed of gift.

Is it possible to donate movable property to a budget organization?

It is possible by drawing up a deed of gift or donation.

Can a debtor issue a deed of gift for household appliances to another person so that the property is not seized by the bailiffs?

Yes, but the transaction may be declared illegal and everything may be arrested or confiscated.

Are checks required when donating movable property?

No. The documents issued upon purchase of the gift are sufficient.

I gave a car to a relative, the deed of gift was drawn up in writing. Do I need to go with him to the traffic police to register him?

No, the donee registers the car independently by presenting the contract, passport, title and vehicle registration certificate.

Expert opinion

Let's summarize:

Movable property can be given orally or in writing. In the first case, it is enough to transfer the gift: from that moment on, the recipient will be considered the owner.
For a written deed of gift, the signatures of both parties will be required. If necessary, representatives with powers of attorney can sign for them.
Notarization of the DD is not required, but it is better to contact a notary to protect yourself.
When receiving most types of movable gifts, taxes are not paid. Exceptions are stocks, shares, cars, etc.
To cancel a deed of gift, it is important to comply with the grounds specified in Art. 578 Civil Code of the Russian Federation.

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How to protect your computer from bailiffs?

A computer (laptop) is now necessary for most citizens. If it is related to your professional activity, then, in accordance with Article 446 of the Code of Civil Procedure of the Russian Federation, it does not apply to property subject to recovery. True, its connection with your work will have to be proven. There is also a limitation - the cost of a computer should not exceed 100 minimum wages (as a rule, it turns out to be less).

In addition, the tips outlined above regarding household appliances apply here. Good luck and freedom from debt. Call and our lawyer will help you in the framework of enforcement proceedings:

We will consult the debtor or the collector
We will analyze the actions and inactions of the bailiff for their effectiveness and legality
we will draw up a complaint against the bailiff’s decision in defense of the rights of the debtor (collector)
We will represent your interests in the bailiff service and court
We will provide other legal assistance to protect your rights!!!

How to reduce risks

Giving involves a number of difficulties:

It is impossible to include the fact of an encumbrance or other unfavorable factors into the contract. After all, the contract is gratuitous, and if there are conditions, this nuance is not observed. Before completing a transaction, contact a notary - let a specialist check the “purity” of the property;
the contract can be challenged. This entails risks for both parties. To minimize them, make sure in advance that there are no factors that are regulated by law as grounds for canceling the procedure;
from a legal point of view, deed of gift is a process that does not have retroactive effect. Disputed in exceptional situations. Give property only when you are sure that you will not regret it later.

Important! Not only the recipient and the donor are not insured against potential risks. A person who purchases donated property may encounter them - if the deal is canceled, the person will lose his money.

A deed of gift is a legal procedure that confirms the transfer of ownership rights from one person to another. A legally capable citizen over 18 years of age has the right to make a gift to another person. If he is not the only owner, the consent of the other owners is required. The gift can be real estate, a car, land, assets, or cash. The transaction is timeless, irrevocable. Has no retroactive effect.

Will it be legal to seize the property of relatives?

Only spouses can be liable for debts with property. Relatives have no right to disturb. However, the picture changes dramatically if the debtor is registered in the housing of his relatives. There may be several situations:

The debtor is registered, but does not actually reside.
The debtor is not registered and does not reside, but indicated the address of relatives as the place of actual residence.
The debtor is registered, previously lived, but moved.
The debtor is registered and actually lives in the housing of relatives.

In each of the cases considered, the bailiff begins to describe the property of the relatives. How to prevent this? It is necessary to prove that the debtor does not live in the housing of relatives. See also what debt collectors can do and what to do if they call and threaten.

Mere words are not proof. It is necessary to draw up a written statement stating that the debtor does not live at the specified address. It must be signed not only by the owner of the property, but also by 2-3 neighbors, the local police officer and a representative from the HOA. It is advisable that the latter also put their own seals.

When should this act be done? Immediately, as soon as relatives began to be overwhelmed with calls and threats from banks.

First of all, bailiffs arrest and block all cards and accounts. However, often these funds are the main source of income. What to do? There is a proven and legal algorithm of actions:

Contact the FSSP.
Write an application to remove the seizure from your card. In the text, indicate that due to the blocking of the card, there is no opportunity to withdraw money and pay off the debt under enforcement proceedings.
Be sure to indicate the card number, debtor’s data, and data on enforcement proceedings.
The application must be completed in two copies. Take it personally to the FSPP office and receive a receipt stamp on your copy.
It is better to go to the bailiff who is handling the debtor’s case and report the application.
It is better to personally take the received decree to lift the arrest to the bank so that it does not get lost in the mail.
Within a matter of days the arrest will be lifted.

Failure to fulfill your debt obligations leads to a large number of problems, so before concluding a loan agreement, it is better to analyze your strengths, the possibility of making monthly payments and balance your income.

Can bailiffs describe the property of the debtor's relatives? Such a measure is not provided for by law. The exception is cases when a writ of execution is opened for children due to non-payment of loan debt, and the parents are guarantors under the loan agreement with the recovering bank. Bailiffs can describe the property belonging to the guarantors.

However, when compiling an inventory, it may include the property of parents or other persons living with the person from whom repayment of the debt is required, or living in his place of registration. This happens if parents and other persons fail to confirm their right to these items immediately at the time of drawing up the act.

We invite you to read: Violation of substantive law. Significant violation of substantive law as a basis for canceling judicial acts: theoretical aspect

Then a record is made in the act that it contains other people’s material assets. Even if the FSSP did not take the property, the arrest implies a restriction of the owner’s rights to dispose of it. Items of property can be excluded from the inventory before they are sold to pay off the debt.

The interests of persons whose valuables are included in the inventory are protected by Law No. 229-FZ. In order for the property to be released from seizure, it is necessary to write an appeal to the FSSP, attaching evidence of ownership of the described items.

3 ways to get a free legal consultation:

If the inventory includes property that belongs to the debtor’s parents or other persons, then in order to free it from seizure it is necessary to go to court. The claim must be filed by the owner of the wrongfully included property (the parent in this case). The children and the claimant are named as defendants. It is better to immediately indicate the FSSP employee involved in enforcement proceedings (with clarification of the name of the FSSP department in which he serves) in the claim as a third party (the bailiff can be a defendant only if he violated the law in the process of compiling the inventory).

The claim must also contain the following information:

Passport details and addresses of the plaintiff and defendants (name and address for organizations);
Date and number of the inventory or act drawn up by the bailiffs;
A list of property owned by the defendant’s parents or other persons, described by FSSP employees, indicating its value;
The grounds on which the property belongs specifically to the plaintiff and the list of attached evidence (checks, contracts, acceptance certificates, receipts, witness statements).

At the end, it is necessary to formulate a request to exclude the property from the inventory based on the information provided. A document confirming the transfer of state duty is attached to the claim.

I am registered with relatives but do not live there. Do bailiffs have the right to describe property that belongs to my relatives and not to me?

Anatoly, Chernigovka

Question for a lawyer: do bailiffs have the right to describe the property of relatives?

Lawyer: Vladimir Krasnikov