Illegal withdrawal of money from a card by bailiffs

Procedure for bailiffs

As you can see, the procedure for collecting debt from a bank card has a certain procedure and rules that bailiffs are prohibited from violating, namely:

1. Bailiffs search for the debtor himself, information about his accounts with a positive balance in various banking institutions;
2. Send the debtor a warning that funds will be collected from his account and give him the opportunity to repay the debt within 5 days after receiving the notification;
3. They send a notification to the banking institution about the need to write off money from the client’s bank account to pay off the debt he has incurred.

We also note that bailiffs cannot demand to write off more than 50% of the amount of the debtor’s official income, for example, his salary or pension. The exception is alimony debt - in this case up to 70% can be written off.

After debiting the funds, the bank must immediately, without fail, notify the debtor of the operation, for example, by sending an SMS message. Bailiffs can inform the debtor about this the next day.

Can bailiffs withdraw money from a bank card?

Does the bailiff have the right to withdraw money from the debtor’s account?

If you have a debt and you know that the debt collector has sued you and you lost the court, that is, the judge made a decision to collect the amount of debt from you in a certain amount, then know that the decision comes into legal force within 30 days , and after which a writ of execution is issued and on the basis of the writ of execution, which will be transferred to the bailiff service, the bailiff who will be involved in the collection is obliged to initiate enforcement proceedings and begin enforcement actions, the writ of execution is transferred to the bailiff within 3 days from the date of receipt by the FSSP .

After receiving the writ of execution (writ of execution), the bailiff issues a resolution to initiate enforcement proceedings, which indicates, in addition to information in which division of the FSSP the resolution was issued, by whom and when, it also indicates on what issue the resolution was issued, what legal grounds there are for the bailiff’s actions, and indicates what decisions were made on this issue.

Next, a copy of the resolution in accordance with paragraph 17 of Article 30 of the Federal Law on Enforcement Proceedings is sent to the debtor no later than the next day after the day the resolution was issued. The bailiff is obliged to notify in this way not only the debtor but also the creditor.

Based on paragraph 12 of Article 30 of the Federal Law on Enforcement Proceedings, the debtor, upon receipt of such a notice, is obliged, within 5 days, to voluntarily fulfill the requirements contained in the executive document, that is, to pay the debt (transfer property, vacate residential premises, etc.).

If the debtor does not comply with the requirements within the period allotted for voluntary fulfillment of the requirements (5 days), the bailiff will begin enforcement actions to fulfill the requirements of the writ of execution.

And now the crux of the matter! What enforcement measures can a bailiff apply against a person in enforcement proceedings? (we will not indicate everything, but only those related to the topic)

The bailiff has the right, according to paragraph 3 of Article 68 of the Federal Law on Enforcement Proceedings:

-Foreclosure on the debtor’s property, including cash, as well as securities;

- To impose penalties on periodic payments received by the debtor, which the debtor receives under employment contracts, civil law or social relations;

-If you are being paid debts under another enforcement proceeding, that is, you act as a debt collector and someone is paying you debts, then such payments can also be enforced by a bailiff. Collection also applies to other payments received, for example, under rental agreements and other income that the bailiff can officially confirm;

-Money can be withdrawn from bank accounts, credit cards and simple salary and debit cards, as well as pensions, scholarships and other periodic payments.

From the above, it follows that bailiffs have the right to withdraw the debtor’s money from bank accounts; this is a legal action of the bailiff.

In simple words, if you have funds in cash, in a safe deposit box, in safes, or if funds are stored in banks or other credit institutions, then these funds are confiscated. The bailiff is required to issue a report on the seizure of funds.

As already mentioned, foreclosure of funds is carried out on the basis of a writ of execution, which the claimant can present to the credit institution (bank), or the bailiff himself will send a resolution to the bank demanding that the money be written off from your account.

The bank is obliged to immediately comply with the bailiff's requirements contained in the resolution.

The money is transferred to the deposit account of the bailiff, so if you believe that the bailiff withdrew the money unlawfully, then you will be able to submit all claims to the bailiff who was involved in your enforcement proceedings, on the basis of Articles 122-128 of the Law on Enforcement Proceedings. These articles discuss the procedure for filing a complaint against the actions of a bailiff. Also, no one forbids you to complain about the bailiff to the prosecutor's office, or file an application in court.

If there is not enough money in your account to fully satisfy the requirements, that is, to fully repay the debt, then the money will be debited as it is received until the debt is fully repaid.

If it suddenly turns out that the bailiffs have written off a larger amount from your account than is necessary to repay the debt, then they are obliged to return the excessively collected funds in full. Based on paragraph 11 of Article 70 of the Law on Enforcement Proceedings.

But there are also incomes that the bailiff cannot seize; this is prohibited by law; you can familiarize yourself with these incomes from Article 101 of the Law on Enforcement Proceedings.

Know that if the bailiffs foreclose on your wages, then they have the right to collect no more than 50% of your monthly earnings, and in exceptional cases, paragraph 3 of Article 100 of the Law on Enforcement Proceedings, the bailiffs have the right to withhold no more than 70% of the monthly wage fees.

Bailiffs have the right to search not only for your property, but also to request information about the availability of your funds in banks, as well as to request other necessary information about you, including personal data. This right is granted to bailiffs on the basis of subparagraph 2 of paragraph 1 of Article 64 of the Law on Enforcement Proceedings.

Conclusions from the article!

As we found out, bailiffs still have the right to seize funds, including withdrawing them from accounts and savings books. There have been cases when money was written off as a minus from cards on which the bank provides an overdraft and nothing can be done about it, such actions are legal, except in cases where the income falls under Article 101 of the “Law on Enforcement Proceedings”, if the bailiff imposed a penalty on those specified in this article money, then he violated the law and you have the right to appeal his actions to the senior bailiff, complain to the prosecutor's office or court.

In any case of violation of your rights by the bailiff, contact one of the authorities listed above and defend your legitimate interests.

I hope the article was useful to you and you learned something new.

Know your rights. Wish you luck!

thanks yurist174.ru

Cases of collection from a salary card

The seizure of a bank client's account occurs due to debt to the state, financial organizations or individuals. Budget debts are expressed in fines or taxes. The Federal Tax Service has the right to block the accounts of organizations until obligations are fully reimbursed. This provision does not apply to ordinary citizens.

However, the debtor is given 5 days for independent compensation, as indicated in the court ruling - Art. number 30 of the mentioned Law. If a citizen does not have a written warning, the seizure of accounts is considered illegal.

• debt for housing and communal services;
• overdue child support;
• penalty due to judicial authorities;
• administrative fines.

Sanctions are applied only if a person continues to evade fulfillment of financial obligations.

Writing off debt by bailiffs - what are the nuances?

In addition to the above, it is also worth knowing other nuances of enforcement proceedings, for example:

• bailiffs do not have the right to withdraw money from a credit card, because the funds on it do not belong to the debtor, but directly to the bank. The required amount can only be debited from a debit card;
• Bailiffs can select only one bank account to write off the debt. In case of any changes, they will need to revoke the writ of execution and provide the bank with a new one;
• funds can be written off not only in national currency, that is, in rubles, but also in foreign currency, for example, from a multicurrency card; if there are not enough funds to fully repay the debt, and the debtor does not have other valuables, funds can be withdrawn as they are received on the card;
• the debtor repays not only the debt with accrued fines, but also the expenses that were spent on enforcement proceedings. Accordingly, the longer its term, the greater the amount to be recovered.

But why don’t bailiffs find accounts in some banks?

“I know for sure, my neighbor told me that his neighbor deceived the bailiffs, they were looking for his money in Moscow, in Sberbank, and in Uryupinsk, in the Stella bank, so they found it in Sberbank, and in the Soaring Jack bank - noooo!” - such statements can be read on many bankruptcy forums.

Does this mean that the money must be urgently transported by overnight fast train to Volgograd, and then by cart (yes, in crisp packets of cash) to Uryupinsk? Also no.

Why don’t bailiffs find deposits and accounts in some banks? Yes, because they simply didn’t think to ask for these banks. If there is no request to the bank, there is no answer to it.

Here the root of the problem lies in the eternal maxim: “the bailiff is also a person.” He has a great many cases and debtors in production at the same time. Therefore, the bailiff forgets about something, and openly “puts a bolt” on something.

Therefore, bailiffs, as a rule, request those banks whose list was given to them by the lender. For example, a person took out a loan from Vostochny Bank and then did not return it. But when he applied for this loan, among others there was an account statement from VTB Bank - a salary card was opened in it. This is what the bailiffs will ask VTB for first.

And also Sberbank - the majority of citizens of our country receive benefits there - payments for children, pensions, etc. Therefore, it is generally accepted that almost everyone has a Sber card.

Automatically, bailiffs usually send requests to the largest banks in the country, especially to banks with state participation. This:

• Sberbank,
• VTB,
• “Otkritie” (since it was in this institution that many banks merged together),
• Post Bank,
• Rosselkhozbank.
• Promsvyazbank (PSB).

It does not matter at all in what currency the money is stored in accounts in these banks: funds will be written off from ruble and foreign currency accounts - the amount of debt will be converted from currency into rubles at the bank exchange rate on the day of write-off.

As a rule, bailiffs also make requests to large retail commercial banks. These will be those banks that actively work with the population - providing consumer loans, issuing credit cards, and actively promoting mortgages.

Here is a partial list of such banks:

• Alfa Bank
• Tinkoff Bank
• Home Credit and Finance Bank (HCFB)
• "Renaissance Credit"
• Absolut Bank
• Rosbank
• Raiffeisenbank
• Sovcombank
• Bank Rosgosstrah

If the debtor has money in these banks, and the bailiff did not get to it, the debtor is lucky. But it’s not a fact that it will never happen - after all, enforcement proceedings based on a court decision can be resumed many times and there is no statute of limitations for it.

Advice. If you are “dynamizing” a court decision, but suddenly received an inheritance, or someone simply returned a debt to you, and you put this money that suddenly fell on you in the bank - keep quiet about it.

Don't brag to your friends, colleagues, or relatives. Money loves silence. Remember that most crimes are solved because the person was unable to keep his mouth shut and somewhere in the company he blurted out too much or bragged. This is how the information reached the ears of the creditor, bailiff or investigator along the chain. And then it’s just a matter of technique and the official zeal of the official.

Seizure and write-off of funds

In accordance with Art. 440 of the Civil Code of the Russian Federation, income in an amount less than the subsistence level is not subject to recovery. Therefore, if an elderly person earns the minimum wage, arrest is not imposed on him. But it will not be possible to completely free yourself from the obligation to pay the debt: the employees of the FSSP of the Russian Federation will unblock the account, but will begin to search for other property that can be foreclosed on. For example, they can take away your car. Only the only residence is not subject to seizure.

We suggest you read: Debts to bailiffs by last name

The list of payments from which deduction cannot be made is described in Art. 101 of Law No. 229-FZ. It includes:

• compensation for harm to health;
• benefits upon death of the breadwinner;
• pensions paid to persons injured in the performance of official duties;
• compensation for victims of radiation or man-made emergencies;
• reimbursement of funds for the purchase of medicines and travel for certain categories of citizens;
• alimony and benefits for young children;
• payment of moving expenses in connection with a change of place of work.

What is arrest and foreclosure?

1. The creditor applies to the court with a statement of claim against the debtor, providing the necessary documents. If there is sufficient argumentation, a decision is made and the requirements are satisfied.
2. The borrower is asked to independently repay the debt within the agreed period. If this does not happen, the resolution is transferred to the federal service for forced collection of the arrears.
3. The executors request information from banking institutions about the debtor’s accounts, and the financial institution must unconditionally provide them.
4. The bailiffs oblige the monetary structure to seize the client’s active card and direct the money on it in favor of the applicant.

Please note: the actions imply the inability of the person to use the account in any case - cash or non-cash option. Even if the plastic contains a larger amount than what is needed for repayment, the debtor will be able to count on it only after the arrest is lifted.

What funds cannot be withdrawn?

Penalty is not imposed on such types of income as:

• - payments to compensate for damage caused to health or in connection with the death of a breadwinner in the family,
• - payments received as a result of injury or injury, disability associated with the performance of official duties,
• - compensation from the local or federal budget for people affected by various disasters,
• - payments for caring for the elderly and disabled,
• - compensation for travel on public transport, purchase of medicines, purchase of vouchers,
• - alimony paid to minors during the search for their parents,
• - travel allowances, sums of money at the birth of children, in connection with the death of relatives, which are paid to the organization,
• - child benefits,
• - funds of maternal or family capital,
• - one-time financial assistance from budget funds,
• — compensation for the cost of travel to the place of treatment.

The bailiff cannot always find out the origin of the funds on the card, so he decides to withdraw them. Therefore, if you have been withdrawn funds from the list above, then you need to write a complaint to the SSP and attach documents confirming your words. Then the money will be returned. If this does not happen, then you should contact the Fed. service.

Author of the article

Allowable amount of deduction

What proportion of your income can be written off by bailiffs.

Bailiffs cannot completely seize a debtor’s salary card if it is the citizen’s only source of income. The law allows you to withdraw no more than 50% of the money transferred to such an account. The entire amount may be withheld, but subsequent monthly collections will only equal half of the funds.

• child support for several minor children;
• compensation payments for damage to health;
• actions resulting in disability or death of the main breadwinner;
• covering arrears resulting from theft.

But the executors cannot seize more than a quarter of the monthly income if the card belongs to a single parent. And also no more than 30% for a family with several minor children.

What to do if your salary card is seized?

You have several ways out of this situation.

1. Contact the bailiffs.

It often happens that bailiffs are simply not aware that this plastic card is a “salary” card. The fact is that, firstly, the bailiff, due to the enormous amount of work, cannot make inquiries about the purpose of the account and the nature of the cash receipts, and secondly, the purpose of the account is a bank secret.

In this case, the card holder himself needs to be active. He can contact the reception office of the bailiff service with a statement. It should indicate that the card account that is seized is a salary account. It is advisable to prepare the document in two copies. The application must be accompanied by documents on the origin of the funds confirming the illegality of their seizure. All certificates can be obtained from the bank’s accounting department, place of work and social security authorities. If the funds include disability payments and child benefits, then by law they must be returned, since they do not belong to the debtor.

Having received information that the account is “salary”, the bailiff will lift the arrest on the same day by sending a notification to the bank. At the same time, he will have the right to foreclose on fifty percent of all funds received for the last month and one hundred percent of all other savings currently available. The bailiff will send a resolution to your place of work to deduct up to 50% from your salary every month.

2. Agree with the employer

There is such a nuance - if the funds are received on a plastic card, then they are no longer salary payments. Therefore, in case of non-payment of debt or tax, they can be written off completely.

The solution in this situation may be to contact the employer with a request to pay wages in cash.

3. Request the creditor to withdraw the statement of claim to the court.

If the plaintiff withdraws the application from the court, the blocking will be lifted.

4. The plaintiff can appeal the actions of the bailiff and the amount of monetary deductions in court. This method is suitable for those who have other sources of income other than salary.

5. Pay your debts. This is the simplest solution to the problem. If the debt is repaid, the creditor sends a notification to the bank, after which your account will be unblocked.

Step-by-step instructions for actions after blocking

The first information about the debtor's payment cards comes from large banks that provide the FSSP with information in accordance with the agreement on electronic document management. Opening an account in a small regional unit will somewhat delay the arrest.

1. Obtain a statement from a financial institution to confirm the existence of a salary card. Then submit a written request to the service to remove part of the monthly penalties. The debt will also be repaid evenly, but no more than half of the incoming funds will be withheld from the account.
2. It is possible to avoid deductions by receiving wages in cash, bypassing the bank, which may be a preliminary agreement with the employer.
3. An agreement with the creditor to defer or partially repay will also prevent the account from being frozen.
4. If the bailiffs blocked the salary card, which is the main source of income, the actions of the executors can be appealed in court.

Of course, the best way out of this situation would be to pay off the entire obligation. Then the bailiffs will send information to the bank about the removal of the seizure from the salary account.

Step-by-step actions when blocking and withdrawing money from an account by bailiffs.

A citizen should prepare in advance to remove the seizure from a salary card. To do this, you need to find out the number of the writ of execution from the bank and receive a statement of the blocked account. But if transfers are made to it from other sources, but do not exceed half of the wage accruals, then there is a chance that the deductions will not be higher than 50%.

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Collection of documentation

• a copy of the work book;
• extract from the company's accounting statement.

The papers are sent to the bailiffs to lift the arrest. The bailiffs, in turn, send a letter to the debtor’s organization to reimburse the arrears from wages.

The sample certificate is not a strict reporting document, therefore it is written in any form, but always in a business style.

What funds cannot be seized by bailiffs.

Having received a decision on forced collection, a person is given five days for voluntary compensation, excluding weekends. If a decision is not received, but the arrest is made, this is a violation of the job description of FSS employees. When this happens, the debtor needs to contact the regional office of the service.

1. The citizen will be given an order to begin enforcement proceedings with a warning of criminal liability for failure to comply, but the existing block will be lifted.
2. If within the next five banking days the arrears remain unreimbursed, the bailiffs have the right to seize the salary card again with a complete write-off.
3. In addition to forced collection, a 7% tax, i.e., a fee for late payments, may be incurred.

Based on the above, the debtor has the right to appeal the actions of the bailiffs to a higher department of the service if the arrest occurred without warning.

What do bailiffs have the right to describe to a debtor?

Such property includes any bank and salary accounts, pension contributions (up to 10-15%), movable and immovable property belonging to the debtor, household appliances, goods and production tools, securities, bonds, bills, bank notes, cards, agricultural and pets.

Do they have the right to describe property at their place of registration?

They don't have such permission. They can only describe and seize personal property. If there is no property at the place of registration and the debtor, then it is strictly prohibited to carry out any enforcement actions at this address. This rule does not provide for any exceptions.

Ways to receive salary when an account is frozen

Forced collection is conditioned by sending orders to banks where there are cards of the debtor and his employer. However, it will not be possible to calculate more than half of a person’s monthly income.

• open a new account at a small bank that federal employees won’t find out about, at least for a while;
• contact the employer about paying part of the money through the company’s cash desk.

However, the first option can be regarded as concealment from penalties by court decision, especially since repeated requests from the FSSP will reveal the presence of another account. Paying out no more than half of the salary in cash at an enterprise is not considered a violation of the law. However, this is not always acceptable to the organization.

The citizen’s bank account is completely unblocked after the debt is paid.

After making the last payment, you must visit the organization that initiated the levy and obtain a certificate stating that the debt has been fully repaid. This document remains valid for only 10 days, so you must have time to hand it over to an employee of the FSSP of the Russian Federation. In addition to the certificate, you will need:

• debtor's passport;
• writ of execution - copy.

At the FSSP office of the Russian Federation, you must fill out an application to remove the seizure from your account. It indicates the full name. citizen, personal data of the bailiff, information about debt repayment and a request to release the account from collection.

How to return money written off from a card by bailiffs

You can file an application for unlawful actions or inaction of a bailiff. To do this, a complaint is written to the head of the bailiff service unit. It must indicate the following details and data:

• FULL NAME;
• Contact details;
• passport details;
• number of enforcement proceedings;
• additional documents confirming the illegality of collection of funds.

The last point may include a certificate from the social fund about the targeted nature of cash income or an account statement confirming the repayment of a fine.

Reasons for returning seized money to the FSSP

If the bailiffs have seized funds that are not recoverable by law, they are required to unfreeze the accounts within 3 business days. The procedure is as follows:

1. Get a card statement from the bank, which shows all incoming transactions.
2. Prepare papers confirming the privileged status of funds. For example, a court decision on alimony.
3. Come to the branch of the Federal Bailiff Service of the Russian Federation and submit a written request requesting to unblock the account.

If employees of the FSSP of the Russian Federation refuse to meet the defaulter halfway, you can challenge their actions in court. At the meeting, evidence will also be required that the person, due to a difficult financial situation, is not able to give all his earnings to pay off the debt. The amount of withheld funds can be reduced to 30% if the citizen has dependents: young children or disabled people.

• maternity capital funds;
• benefits for raising minors, alimony;
• payments for the loss of the main breadwinner of the family;
• amounts for victims of radiation and man-made incidents.

The return category includes funds sent to government employees who received various injuries while performing their duties.

In case of violation of the law - debt collection from the listed categories, you must file a complaint with the regional bailiff office. If the agreed authority does not agree to voluntarily return the funds, you can file a claim in court.

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The plaintiff has the right to demand not only the return of money, but also compensation for moral damage. The defendants will be the local branch of the executors and the Ministry of Finance, since the latter are represented by the manager of the funds. In this case, the applicant does not pay the state fee.

Law No. 229 “On Enforcement Proceedings” does not contain specific rules stipulating the principle of withholding arrears from accounts. However, it answers exactly the question of how much bailiffs can withdraw from a salary card - no more than 50% of the funds credited monthly. Increasing interest is considered a violation of the law.

How much money is being held?

Based on the decision made by the court, the bailiffs have the right to either seize the citizen’s account or recover the funds contained in the account. It is impossible to seize the card as such. According to Article 99 of the Federal Law “On Enforcement Proceedings,” no more than 50% of income can be withheld from the debtor’s account. The withholding of funds will be completed only after full compliance with the requirements specified in the bailiff's writ of execution.

This restriction does not apply in cases where:

• - alimony is subject to recovery,
• - it is required to compensate for the harm caused to human health,
• - it is necessary to compensate for damage in the event of the death of the family breadwinner,
• — to compensate for stolen funds or material damage as a result of the commission of a crime.

Under such conditions, up to 70% of the funds are withheld from the debtor’s income.

The percentage of withholdings can be reduced if there are minor children in the family (up to 30%), the child is being raised by one of the parents, father or mother (up to 25%).

Do bailiffs have the right to seize the debtor’s wages?

Yes, they do. According to the Federal Law “On Enforcement Proceedings” No. 229-FZ, employees of the FSSP of the Russian Federation have the right to foreclose on the property or income of the debtor. They have the right to seize any bank account, even the one to which wages are transferred. The bailiff is not obliged to find out where the debtor is receiving funds from. It imposes a penalty on any source of income discovered.

According to Law No. 229-FZ, an employee of the FSSP of the Russian Federation must begin the collection procedure by searching for the debtor’s bank accounts opened in any financial organizations. He is not obliged to find out where the money came from in the account. The bailiff sends a resolution to the bank to seize the account, the funds from which are transferred to a special deposit account of the FSSP of the Russian Federation. If the amount in the debtor’s account is less than or equal to the amount of the debt, the bailiff has the right to withdraw 100% of the funds from him.

What to do if the bailiffs withdrew the entire salary from the card

To begin with, it is necessary to stipulate the case when Part 4 of Art. 99 of Law No. 229, which stipulates one important point: if the card had a certain unspent amount for the previous month (salary or savings), in addition to the last periodic payment, then collection in full and plus 50% of current receipts can be applied for.

Note!

It is illegal to collect all receipts and empty the card at once, as it violates clauses 2 and 3 of Art. 99 of Law No. 229.

Representatives of the FSSP are required to conduct an inspection regarding the correctness of the withholding of the transfer of funds in accordance with the court order. If the income was written off 100%, then you need to file a complaint against the actions/inactions of the bailiff in relation to his duties. This is regulated by Art. 122 of the “Law on Enforcement Proceedings”, where you must appeal such behavior within 10 days from the moment you learned about the result of the violation of your rights.

The complaint itself can be submitted to the head of the FSSP representative who is in charge of enforcement proceedings. He undertakes to put a note indicating that he has read the complaint and accepted it. The review takes no more than 10 days.

Note!

It is recommended to attach evidence to the complaint that the income is made on one card. If this does not help, you can go to court and demand a return of 50% of your salary.

What to do if the bailiffs have written off all the money from your salary card

Since employees of the FSSP of the Russian Federation do not check the sources of funds entering the account, they can withhold 100% of a person’s monthly earnings. But if this payment is the citizen’s only source of income, the legislator allows the amount of the penalty to be reduced. To do this, the debtor needs to do the following:

1. Get a certificate from the bank stating that the purpose of the seized bank account is to transfer wages. You also need to obtain a statement from the credit institution confirming the fact that no other payments are being made to this account.
2. Visit the branch of the FSSP of the Russian Federation and find a bailiff who is conducting enforcement proceedings.
3. Write a petition requesting a reduction in the amount of the penalty.
4. After receiving the application, the bailiff will apply for a partial blocking of the bank account.

The maximum amount by which the withholding can be reduced is 50% of the monthly payments. In addition, the debtor can notify the bailiff about the presence of another source of income and ask to withhold money from it, and completely unblock the salary account.

How bailiffs find out about bank accounts

Having received the writ of execution, the bailiff is obliged to send requests to the banks in which, according to creditors, the debtor has accounts. And each bank is obliged to respond within 7 working days.

The bailiff's request to the bank must contain:

• Full name and passport details of the debtor;
• Number of the writ of execution (or court order);
• The requirement to report the presence of ruble and foreign currency accounts and deposits, as well as the amount of amounts stored in these accounts;
• Are there any financial products other than deposits open at the bank in the name of the debtor?
  For example, this could be an individual investment account (IIA), an accumulative or investment life insurance agreement, information about whether the person also has shares of investment funds purchased from a management company affiliated with the bank, or other stock assets. For example, a person has a brokerage account, and from it he actively trades futures for Brent oil on the Moscow Exchange;
• Are individual safe deposit boxes rented from the bank in the name of such a person and what property is stored in them. This can be jewelry made of precious metals, precious metal bars, registered securities, paper bills, and much more. And - most importantly, there may be cash there. Yes, yes, exactly the kind they show us in crime films - in neat crispy piles.

The bank draws up an official response to this request and sends it back to the FSSP. Failure to respond almost always means that the bank will be fined a large amount. Following the fine, the credit institution will receive an unscheduled inspection from the local branch of the Bank of Russia, during which other violations will be revealed.

Those, in turn, will definitely result in increased contributions for the bank to one of the many reserve funds. And in Russian this means that the bank’s funds in its account with the Central Bank will be frozen. Which is also tantamount to arrest.

There are no banks in Russia that refuse to respond to requests from bailiffs

If the bailiffs did not find an account or deposit in the bank, then the debtor was simply lucky - the bailiff did not think to send a request to this specific bank. But enforcement proceedings have no statute of limitations, so don’t relax. The bailiff has an eternity ahead of him to find your accounts and deposits. There would be a desire.

In addition, a significant fine will be imposed on the bank that ignored the bailiff’s request, and from the Bank of Russia as part of a violation of Article 115 of the Law “On Combating the Legalization (Laundering) of Proceeds from Crime.” Since ignoring a request from any branch of government is regarded by the regulator as a violation of the Central Bank’s “know your client” regulations.

And the performer who “missed” the bailiff’s request will also be significantly punished with rubles or even fired.

Tell me, in your right mind, will the bank take such risks? No.