Inventory of the debtor's property by bailiffs

Exclusion from the inventory of property is a way of protecting the rights of a person who has a legal right to this property.

Our enforcement lawyers in Yekaterinburg have experience in protecting the debtor and are ready to help you. In this case, it is very important not to leave things to chance, but to seek the help of a qualified specialist.

Grounds for excluding the inventory of the debtor's property

The legislation of the Russian Federation provides bailiffs with a set of powers to return the resulting debt, including through the inventory and sale of the debtor’s property.

• Seizure of property of third parties. It should be taken into account that when making an inventory of property, the bailiff is not empowered to find out the actual copyright holder of the thing; the fact of the presence of this thing in the residential or industrial premises of the debtor for this employee is sufficient for inclusion in the inventory of property and seizure for subsequent sale. In view of this, disputes such as exclusion from the inventory of seized property arise when this inventory includes property that does not belong to the debtor.
• Separately, it should be noted that in practice, such a question arises as the exclusion of the spousal share from the inventory of property; this situation arises when the spouse “gets into” debt on his own, and not in the interests of the family, and after a divorce, the share of the spouse who was not involved in the relationship is excluded from the arrest. However, this action also requires judicial confirmation.
• Seizure of property not subject to sale. During the inventory procedure, the list includes things that cannot be sold. For example, children's things, a wheelchair, etc. All this is subject to exclusion, and therefore causes action to establish the bailiff’s error.
• Other reasons. There may be other cases when the property should not have been included in the inventory; our lawyer at the Law Office “Katsailidi and Partners” will analyze the situation and give professional advice on how to proceed.

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In accordance with the Methodological Recommendations for the performance of certain types of notarial actions by notaries of the Russian Federation, approved by Order of the Ministry of Justice of Russia dated March 15, 2000 No. 91, when applying measures to protect inherited property, a notary makes an inventory of the inherited property in the presence of two witnesses. According to the norm of paragraph 1 of Art. 1172 of the Civil Code, when making an inventory of property, the executor of the will, heirs and, in appropriate cases, representatives of the guardianship and trusteeship authority may be present. The inventory act indicates: 1) last name, first name, patronymic of the notary making the inventory, the date and number of the order of the judicial authority on the appointment of a notary, his notarial district or the name of the state notary office; 2) the date of receipt of a message about the inherited property or instructions to take measures to protect the inherited property; 3) date of production of the inventory, information about the persons participating in the inventory; 4) last name, first name, patronymic and last permanent place of residence of the testator, time of his death and location of the described property; 5) whether the premises were sealed before the notary’s appearance and by whom, whether the seal or seal was broken; 6) a detailed description of each item of the described inherited property. On each page of the inventory report, a total of the number of things (objects) described is summed up; at the end of the inventory, the total number of things (objects) is summed up. The inventory report includes all property, including the personal belongings of the testator. Statements by individuals or legal entities about the ownership of certain things are entered into the inventory act, and interested parties are explained the procedure for filing a claim in court to exclude this property from the inventory. If the production of an inventory of property is interrupted (lunch break, end of the working day, etc.) or continues for several days, the premises are sealed each time by a notary. In the inventory act, a record is made of the reasons and time of termination of the inventory and its resumption, as well as the condition of seals and seals during subsequent openings of the premises. At the end of the act, information about the person to whom the described property was transferred for storage is indicated, and a note is made warning him of liability in accordance with the law, including under Art. 312 of the Criminal Code (“Illegal actions in relation to property subject to inventory or seizure or subject to confiscation”). The person shall sign the document regarding the warning of liability. The inventory report is drawn up in at least three copies. All copies are signed by a notary, interested parties (if they took part in the inventory) and witnesses. If it is not possible to take measures to protect the inherited property (the heirs or other persons living with the testator object to the inventory, do not submit the property for the inventory, or the property has been removed, etc.), the notary draws up an act about this and notifies the interested parties, and if necessary, an authorized body of state power or local government. The notary shall report property of historical, scientific, artistic or other cultural value identified during the inventory to the relevant state authorities or local government. Weapons, ammunition and explosives found in the property of the deceased are transferred to the internal affairs bodies according to a separate inventory.

The procedure for excluding seized property from the inventory

The legislation provides for a judicial procedure to exclude the inventory of the debtor’s property and conditionally this procedure is divided into the following stages:

1. Pre-trial work with the bailiff to exclude property from the inventory (providing the necessary title documents, additional explanations, etc.)
2. Receiving a response to the application to the bailiff, if it is negative, moving on to the stage of judicial protection of the rights of the debtor or a third party whose property was seized
3. Preparing a statement of claim and sending it to the judicial authorities
4. The trial in this case
5. Receipt of a judicial act with a mark of entry into legal force;
6. The arrest is lifted after receiving a judicial act. You need to contact the bailiff service that seized your things with this decision, after familiarizing yourself with these documents, the official will return the things unlawfully seized and included in the inventory to you

Separately, it should be taken into account that in case of refusal to satisfy the requirements, it is necessary to study in detail the court's reasons for the refusal and initiate proceedings in the second instance. Based on the analysis, it follows that judicial practice of excluding property from the inventory if there are real grounds for lifting this arrest and with proper documentary evidence often ends up on the side of the owner of the thing.

Sample property inventory report

All activities carried out in the process of transferring rights to property assets must be recorded in writing in an accompanying document. The act of inventorying property assets will help the participants in this contractual agreement to avoid any controversial issues; it provides certain guarantees to both parties, for example, to file a statement of claim with the tenant in case of disagreement with the claims presented to him.

Sample inventory of apartment property

PROPERTY INVENTORY

• This property inventory act was compiled from the words of the Owner of the above apartment by a representative of the Agency LLC__________________________

____________________________signature___________________________ (There is no opportunity to check the availability of property on site). To the owner of the property: from my words, this is written down correctly. “____”___________20___Signature:_______________

• This property inventory act was drawn up on site in the above-mentioned apartment in the presence of a representative of the Agency LLC_______________________

___________________________signature______________________________ Property owner: “___”___________20___Signature:______________

The presented inventory act may become necessary in the case of hiring non-residential premises, for inventory activities of government organizations, and other life situations.

Important! In the act, along with an inventory of the property, its value must be established, since new and previously used items differ significantly in price.

Amount of debt to seize property

All debtors probably know that bailiffs can seize property. However, the law establishes that the debtor’s property can be seized only for a certain amount of debt. What size is this?

To answer this question, please refer to Part 1.1. Art. 80 of the law on enforcement proceedings, from which it follows that property can be seized if the amount of the debtor’s debt exceeds 3,000 rubles. Most often, the amounts for enforcement proceedings exceed the specified figure.

The procedure for seizing property

• Seizure of property by a bailiff can be carried out on the basis of information received about the debtor’s property. In this case, the bailiff will issue an appropriate order to seize specific property.
• The bailiff has the right to go to the debtor's address and make a description of the property located on the debtor's premises. When describing the property, the bailiff, with the participation of two witnesses, will draw up an act of seizure of the property listed in the act. Seized property may be seized for sale or transferred for storage.

Copies of decisions and acts of seizure must be sent (handed over) to the parties to enforcement proceedings.

Initially, the resolution is sent by the bailiff to the authorities that register this or that property, i.e. to Rosreestr, to the traffic police, to the organization, if the accounts are seized.

The arrest can be imposed by the bailiff independently or at the request of the claimant.

Taking into account the above, the procedure for seizing property is as follows:

1. Search for the debtor's property
2. Making a decision to seize identified property
3. Preparation of a document on seizure of property
4. Sending the seizure document to the relevant authorities and organizations for execution
5. Forwarding (delivery) of the seizure document to the parties to the proceedings

USEFUL : It is worth noting that the bailiff's order to impose an arrest, as well as other actions related to the arrest, can be appealed by the debtor.

What property cannot be seized?

Not all property can be seized by a bailiff. Many people know that the only residential premises of the debtor are not subject to arrest. However, in addition to the specified property, arrest cannot be imposed on a number of other property specified in Art. 446 Code of Civil Procedure of the Russian Federation and Art. 101 of the law on enforcement proceedings. Such property includes:

• a plot of land on which the only residential premises is located
• items that belong to ordinary home furnishings and household items, things intended for individual use
• property that is necessary for the debtor-citizen for professional activities
• pets and poultry, food for them, the maintenance of which is not related to the business activity of the debtor, as well as outbuildings for them
• seeds for sowing
• food and money worth at least the subsistence level
• fuel that the debtor and his family need to cook food and heat their home
• Vehicles and other property of the debtor that he needs due to disability
• prizes, state awards, honorary and memorable signs, awarded debtor
• Also, foreclosure cannot be applied to certain types of income of the debtor, such as money received in compensation for harm to health, in connection with the death of the breadwinner, various compensation payments, pensions for the loss of a breadwinner, alimony, etc.

It should be remembered that everything is not as clear as it seems at first glance, on the one hand, some property cannot be seized, on the other hand, in the cases listed by law there are also exceptions, for example, housing with a mortgage can be seized . To be sure that you are right, you should carefully read the provisions of the law or seek advice from our lawyers and attorneys.

Lawyer for exclusion of property from the bailiff’s inventory in Yekaterinburg

You should not fall into depression and tear your hair out; in almost any such matter, you can free up your property. A person who is a debtor in enforcement proceedings has the right to file a claim to exclude property from the inventory. But it is worth remembering that the plaintiff is obliged to prove on what basis these things belong to him and why he owns the disputed property. You need to provide evidence of the right to own property and be able to defend your position in court.

What other actions to protect the debtor can we offer you, besides excluding property from the property inventory:

• Our lawyers are able to give useful advice even on a day off, direct the case in the right direction, and also defend the property in court in Yekaterinburg and the Sverdlovsk region and prove that the inventory of the property took place illegally. We will offer you our specially developed proposal as part of debtor protection - anti-collector.
• We will return the property to the rightful owners, and also prove that the bailiffs violated the rights of the legal owners of the property. An appeal against the actions of the bailiff gives a positive result in the case. Our law office very often encountered situations when the plaintiffs thought that the property could not be returned. However, our experience in Yekaterinburg and numerous cities of the Sverdlovsk region helped to free illegally deprived property and remove it from the inventory.

You may need the help of a highly qualified lawyer at any stage of enforcement proceedings, including when excluding property from the inventory, whether you are a claimant or a debtor, and you will especially need it in the case when a person’s property is seized and you need protection at a court hearing .

Our law office provides reliable and complete legal assistance. We will not leave you alone in trouble! Contact us, our lawyers are always happy to help you!

How to make an inventory of property

This can be either a section of the lease agreement or an appendix to it. There is no strict form. The main thing is to reflect all the significant nuances for both parties. The inspection of an apartment or office should be carried out together so that everything is fair.

The document should begin by indicating your full name. and passport data of the landlord and tenant. Next we move on to the list of things. For convenience, they should be divided into categories:

• furniture;
• Appliances;
• plumbing;
• metering devices;
• lighting devices;
• interior items and dishes.

Information can be presented in both text and tabular formats.

The document ends with the signatures of both parties (or three if a realtor is involved in the transaction).