Arrest of property by alimony

Very often, when a marriage breaks down and the family has children together, one of the parents becomes a maintenance worker (a person who is obliged to support his or her Chad by paying alimony).

However, not every parent makes such payments either because he or she does not wish to do so or for other valid reasons.

In any event, until it is proved that the cause of the respectful recipient of the money has the right to initiate the recovery of the debtor ' s property on the principal debt, how to recover what and within what time frame we will consider in this article.

When can bailiffs seize property?

In the event that the debtor fails to pay, the consignee is entitled to apply to the bailiffs in writing for the enforcement of the money, until then the bailiff is not entitled to commence the execution proceedings because he or she will have no legal basis for doing so.

An application may be filed if the victim has one of three documents in his or her hands:

1. A maintenance agreement.
2. A court order.
3. Executive list.

After receipt of the application, the bailiff reviews it within 24 hours and decides to initiate enforcement proceedings.

In the event that the debtor, as soon as possible after receiving a copy of the order to commence enforcement proceedings, does not begin to pay off the outstanding debt, the bailiff has the right to seize the debtor ' s property on his/her own behalf (the consignee is entitled to expedite the arrest process by filing a written application).

By the way, an arrest can be imposed only if there are more than 10,000 rubles in arrears.

Procedure for the seizure of the debtor ' s property

A bailiff may seize property both as a measure of influence on the non-payer and for its subsequent enforcement.

In addition to the seizure, restrictions may be placed on the use of the property. In addition, it will not be possible to seize the property if its value exceeds the amount of the debt.

For example, before arresting the car before divorce, the bailiff will specify the market value of the car, and only then will he decide to arrest it.

Procedure for recovery of the debtor ' s property, as follows:

1. The bailiff is sent to the place of residence of the alimony payer (the debtor is to be searched for in advance if necessary).
2. If there is a maintenance worker in his place of residence, the bailiff shall order his arrest, after which he shall assess the assets available and make an inventory of the person arrested.
3. The bailiff shall draw up an act indicating all the necessary information.

The act states:

• Passport data for all present;
• An inventory of the property seized (in addition to a banal listing, the certificate indicates the distinguishing features of a particular item or the document on which the property belongs);
• The duration of the restriction and its nature;
• If the property is taken away by F. I. O. of the staff member in possession of the property (ibid., note is made that the host party has been warned of responsibility for embezzlement or receipt of the bribe);
• Signed by the present.

One of the copies is handed over to the Seeker.

What property could the bailiffs arrest for failing to pay alimony?

There is a certain list of items that may be seized in order to induce the debtor to pay the outstanding debts or to sell and pay the proceeds to the recipient.

• A dwelling (any dwelling that is not the sole residence of the debtor and his or her family, e.g. real estate that is rented or donated);
• a motor vehicle (any motor vehicle which is not the only means of transport of a maintenance payer if the person is disabled or is dependent on a disabled person or is not the means by which the debtor carries out his or her work - trucker or freight forwarder, etc.);
• Luxury items (any items that fall under the definition of luxury — ornaments, furry products, etc.);
• Domestic appliances (not related to basic necessities (fridge or washing machine);
• Funds (any money found by bailiffs in the payer ' s bank accounts, including credit funds).

It should be understood that the seizure of property that is joint property with a third party or that belongs to a non-payer is prohibited, and if such a fact is discovered, it must be recorded in a written act; this will be taken into account by the court when appealing against the actions of the bailiffs.

By the way, the staff of the SPF almost never attends to the property list, and they do not know its importance to the payer, which means that this can be used in their favour when filing a complaint.

In addition to the above-mentioned items, there is a list that cannot be arrested; the complete list is listed in article 446 of the Russian PPC.
Consequences of the disposal of seized property

1. Sold in special tenders hosted by SVF officers within the framework of Russian legislation.
2. Transferred in kind to the recipient for non-payment.

However, the transfer of the seized property may be given to the recipient only with his or her consent and upon a written proposal addressed to him or her in advance.

There are cases in which the value of the seized property exceeds the amount of the debt; then the balance of the money is returned to the debtor.

How to declare the debtor ' s property seized by the recipient of the maintenance

There are situations in which FSPS officers are inactive or wait for the debtor to pay the accumulated debt; in order to expedite the recovery of maintenance, the recipient has the right to apply to the bailiffs for seizure of the debtor ' s assets.

Arrest could be imposed on both written and oral request; however, a written version was considered preferable, since it could then be used as evidence.

Once the wife (husband) has filed a request for arrest, the staff member will start sending requests (if he has not already done so on his own initiative) to the public authorities, including:

1. HYDDA.
2. Tax.
3. FF.
4. Banking and credit organizations.
5. Rosrester.

Accordingly, the recovery of funds from seized property will take place upon receipt of a response to these requests.

Model application for seizure of the debtor ' s property to the bailiff

You can download the seizure application below.

Commencement to bailiffs, sample to download

How to secure the seizure of property

The options for getting things back are two:

1. Pay off the debt.
2. Bring a lawsuit against the bailiffs.

• Since bailiffs may seize property that is not essential, the debtor may use this fact to recover the confiscated asset.
• If the plaintiff can prove that the arrest was carried out with irregularities, or if there were other circumstances not taken into account by the SPF staff, the court may revoke the arrest.
• Otherwise, the debtor would have to wait for implementation.

Some unfair defendants abuse their rights and make fake contracts with their relatives, for the sale of things, less than 30,000 rubles.

According to the law, it's all right, the maintenance guy has the right to sell himself, and he doesn't have to hand the money over to the bailiffs.

But we don't recommend using a scheme like this, because it's cheating on your own child.

By the way, the arbitral tribunal is more likely to win such cases, but only professional lawyers have access to them.

Application to court for removal of property

1. Applications for arrest shall be submitted to the District Court at the place of the applicant ' s propiska.
2. This document identifies the violations committed during the confiscation as well as the supporting material as annexes.
3. The claim shall be accompanied by:

• Passport;
• A copy of the arrest report;
• copy of a list of property confiscated or restricted in use
• Evidence base (audio or video recordings, photographs, witness statements, etc.);
• It's a receipt to pay for the mistress.

When there is no property

The non-pecuniary nature of the penalty is described in our article here: in short, it is worth noting that there are sufficient leverages for debtors, including civil, administrative and even criminal liability measures.

Thus, the seizure of assets to pay off debts is a significant measure that has recently been increasingly used by bailiffs.

Accumulation of the debtor ' s property

It is not for all parents to fulfil their obligation to support their children in good faith, but many mothers or fathers, after divorce, seek to avoid the payment of child support.

They conceal the real amount of income and take other steps aimed at not paying or reducing the child support allowance; the most effective measure to date is to seize the debtor ' s maintenance property.

It is applied in the case of long-term non-payment of child maintenance allowance and the accumulation of a large amount of debt.

How can a bailiff punish a maintenance worker?

Precautionary sanctions imposed on debtors by bailiffs should be considered before discussing the manner in which maintenance property is seized; they are not a form of punishment under the law.

Their use is motivated by the need to motivate an unfair alimonyer to fulfil his obligations as quickly as possible, and it must be said that for most debtors, such sanctions are much worse than fines or mandatory jobs.

Such measures should include:

1. Prohibition of the disposal of property owned by the debtor: Most often, the bailiff applies a ban on the registration of real property or vehicles. In simple terms, the debtor does not have the right to sell and provide real estate or vehicles. It is often possible to find on the notice sites an offer to buy a vehicle at a low price to be seized. It is not worth doing so. The arrest of the car for non-payment of maintenance is not yet possible, but this may happen at any time, and the buyer will be left without the vehicle and the money spent on it.
2. Not all debtors know that they are subject to such sanctions, most often at the airport.
3. To date, sanctions of this kind are the most effective, since every second maintenance debtor has a car. A bailiff has the right to withdraw a driver ' s licence until the debtor fulfils his maintenance obligations, but it is far from everyone ' s place to take away his rights. The amount of the debt must not be less than 10,000 roubles, the debtor cannot be a driver by profession, or be a disabled person; it is also prohibited to take rights from people living in difficult terrain.

If all the above-mentioned measures have not been acted upon, an inventory of the property in respect of the maintenance debt may be carried out.

It is fair to say that this measure does not scare the debtors much either, because they were able to rewrite all expensive assets in time to benefit their relatives.

Moreover, the law did not allow arrest for non-payment of a number of maintenance items, but that would be the case later.

What is the seizure of property?

The seizure of property for non-payment of maintenance is a measure used by bailiffs to enforce a court decision to recover a child maintenance claim.

The essence of the procedure is to limit the debtor ' s right to dispose of the property.

If the debt has not been paid after such action, the property shall be sold and the funds received shall be re-routed to the recipient of the maintenance.

The seizure of property is possible only after all the executive proceedings have been carried out; the arrest is carried out only with a judicial decision.

Thus, in order to "take out" a bad-faith parent's debt, you have to write a statement of claim before you can gather evidence; the latter can be executed by a bailiff, but it has been shown that the SPF staff frequently refer to high workload and do not seek to help.

With regard to the sanctions imposed on the debtor, the question of whether the share of the flat for non-payment of maintenance could be arrested was a matter of necessity. On the basis of the Russian legislative framework, it was possible to give a positive answer, but it was not that simple.

According to article 38 of the Code of Criminal Procedure, each person is entitled to a minimum of 12 metres of square space, so that the debtor who owns an apartment of 28 square metres can write another three people, and it will not be possible to arrest a part of the dwelling by bailiffs.

It is important that the persons registered in the apartment and the debtor themselves do not have any other dwelling, and that the bailiffs do not contact the debtor who has a minor child who lives with him or her.

This would have consequences for the staff of the SPF themselves if, for example, they violated the rights of the minor by ignorance.

Formulation of the application

If a maintenance worker deliberately evades the payment of maintenance, he must go to court to seize the property and collect the debt.

• Address and name of the judicial authority to which the application will be made;
• Personal and contact details of the plaintiff and the defendant;
• The circumstances of the case, i.e., it must be pointed out that the alimonyer is not fulfilling his obligation to pay the child ' s maintenance money, and the amount of the debt must also be indicated;
• The substance of the request, i.e., to ask the court to collect the alimony;
• A list of annexes that may be used as evidence of a lack of timely payment of maintenance;
• Date and signature of the plaintiff.

The application shall be made in triplicate; one shall remain with the plaintiff (signed by the court secretariat, which shall confirm that the claim has been admitted), the other shall be sent to the defendant and the third shall remain in court.

The claim must be submitted to the same court where maintenance payments were established.

If the child maintenance allowance was paid in accordance with the voluntary agreement of the parties certified by the notary before the debt arose, the court of the defendant ' s place of residence should apply; if there were valid reasons, such as disability, the applicant ' s place of residence could apply.

Method of arrest

In order to seize the property, the bailiff applies to the non-payer ' s place of residence and compiles an inventory of the property found.

The value of the property described may not exceed the amount of the maintenance debt; for example, the dwelling cannot be described if the amount of the debt is 50,000 roubles; the seizure is effected by means of an act.

The document shall contain the following information:

• Personal details of the participants in the property inventory process;
• A detailed list of the property to be seized, with a precise description; e.g., if a TV is to be arrested, its distinguishing features, brands, document details, etc. should be indicated;
• Information on the persons who took the seized goods into possession (if the seizure of the property is carried out);
• Date of writing and signature of all persons present on the list.

The conditions for seizure of the debtor ' s property are as follows:

• There is a failure to pay the debt five days after the commencement of the proceedings, a period similar to that set out in article 30 of FL No. 299 "On execution proceedings";
• The arrest may also be carried out before the expiry of the five days granted for the execution of the court ' s decision, provided that this is stated in the judicial act;
• Property is seized on the basis of actions carried out by representatives of the SPF under the terms of the 299 FL (art. 64, para. 1);
• The bailiffs have the right to visit privately owned premises and to request documents explaining the situation;
• If there is a non-payment of alimony, the bailiffs are required to respect the priority of the penalty, the first step being to seize movable property, namely, wages and other income, savings in bank accounts and vehicles;
• The bailiffs do not have the right to arrest the debtor ' s only home and the land on which the house is located, the personal effects of the alimonyer and the objects of labour and creativity. It is worth mentioning that the latter category can be subject to almost anything, such as the creation of a file on a computer, and to write there a four-storey, then to indicate to the bailiffs that the PC is being used to write poems, and his removal would violate the constitutional rights of a citizen of the Russian Federation (chap. 44, para. 1);
• If the property is a joint property, it is difficult to describe it and seize it, and if it is a joint property, the co-owners must agree to sell it and to obtain a share of the profits, and if the confiscated property is sold at an undervalued price, the co-owner may demand a sale at a market value, and the items to be sold are simply not bought by anyone.

With regard to the conditions for the seizure of the debtor ' s property, 80 per cent of the cases involved a virtually unsuccessful process.

Sale of property

If the bailiffs were able to seize the property and the debtor failed to pay the debt within five days, it will be sold at auction.

It must be understood that the seizure and sale of property is a measure of last resort, and if the debtor makes only minimal payments from time to time, then practice shows that no sanctions will be imposed on him; and if the alimonyer is a hard-earner, he will be punished with more severe punishment, including imprisonment.

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Arrest of the debtor ' s property by alimony

Regardless of the fact that the payment of alimony payments is the responsibility of the alimony payer, who must perform it in good faith, a large number of contributors are in arrears in the payment of the amounts in question.

There are effective ways to combat non-payers.

• Provision is made for the payment of defaults for late payment;
• The possibility of applying restrictive measures to the debtor (prohibition of departure from the territory of the Russian Federation, driving rights);
• Promulgation of the deprivation of parental rights (if the payment of maintenance for a minor child is in arrears);
• Prosecution (criminal, administrative);
• Also, the seizure of and on the property of the maintenance debtor has an effective effect on persons liable to pay alimony.

Method of arrest

Arrest is a prohibition on the disposal of property; the procedure of arrest is applied when the non-paymenter of maintenance fails to perform his duties and other possible measures taken have not been successful.

The right to impose a restriction on property is granted to members of the bailiff service.

How to seize the debtor ' s property? The entire procedure naturally begins with the commencement of the enforcement proceedings, and the bailiff orders the commencement of the proceedings on the basis of an executive document filed.

The Ordinance shall contain information on:

1. Retriever;
2. The debtor;
3. The amount of the payments;
4. The possibility of prosecution for breach of maintenance obligations.

If the payer fails to perform the duty, the bailiff shall take action to impose a restriction on the debtor ' s property and, in order to act, a statement from the claimant is required. It shall normally contain the following information:

1. The data of the recipient and payer of the funds;
2. Information on execution;
3. Data of the document on which maintenance is recovered (judicial decision, for example);
4. Amount of debt;
5. Request that measures be taken to seize property belonging to the non-payer.

In order to determine the debtor ' s ownership, a member of the SPF has the right to submit requests to virtually all public authorities and bodies: the tax authorities, the pension fund, the GIDB, banking organizations, and the public authority that registers ownership.

Property is seized by means of an act issued by the officers of the bailiff service, which contains the following information:

• The names of the persons who were at the time of the seizure;
• the things, the rights (or the documents that confirm their existence), their distinctive features of the things;
• Determination of the preliminary cost of the facility (generally performed by officers of the marshals ' inspection, taking into account market value, wear and tear);
• Establishment of a restriction on the use of the facility (in the case of such restriction);
• Information on the seizure of sites;
• The identity of the person who was given the items for storage.

Subsequently, an arrest warrant is issued by an employee of the SPF.

The official ' s written and signed act and the corresponding order are sent to the persons in charge of the execution proceedings, and the debtor has the right of judicial appeal against the said documents.

Arrested assets

Any items in the debtor ' s possession may be placed under arrest.

1. Housing (rent, house);
2. Non-residential premises (buildings, delivery);
3. moving items (car, securities).

However, there are things that can't be arrested, which include:

1. Children ' s belongings;
2. Facilities that are the object of individual use (shoes, e.g.);
3. Food should also not be seized;
4. Household objects that are difficult to avoid (e.g. only oven, bed, etc.);
5. Items used for work;
6. Although the current jurisprudence (as explained by the Supreme Court) makes it possible to arrest the debtor ' s only home, the debtor will be deprived of the right to dispose of the only real estate (i.e., to sell, to give an apartment, to fill in other persons ' living space) and the restrictions imposed will apply until the debt is paid.

Property is joint property

Often when one of the spouses is a non-payer of maintenance obligations, for example, for minors from the first marriage, in the new marriage the spouses have acquired property that is their joint property.

This is the case when the shares of the owners are determined, but the property of the spouses is jointly owned under the law of the family, and all property will be seized, and the property and debts of the spouses will be shared.

Implementation of the arrested facility

The act has been drawn up and the order issued, and the debtor is given a time limit for the performance of his or her duties.

If the payer fails to pay the arrears within the prescribed time limit, the arrested vehicle, for example, will be evaluated and sold by tender.

It is not the fact that the property of the non-payer will be sold at a high price, so it is best to discharge the financial obligations properly and on time.

Arrest of the debtor ' s property by alimony

• In view of the pressing problem of all times,Maintenance debtsIn the recovery of maintenance, the debtor ' s measure of recovery has a significant impact on its decision.Arresttheirsassets and cash.
• The seizure of the debtor's property is an administrative measure aimed at complying with the requirement of an executive document, which is the imposition of a restriction (prohibition of use) on or removal of the debtor's movable and immovable property.
• Arrest of the debtor ' s property by alimony may beinitiatedI don't know how.by the bailiff- the person conducting the proceedings, as well asReimburserin respect of which maintenance debts have been incurred.

Arrest (forbidden use or confiscation) of a bailiff is entitled to any property of the evasive person from the payment of maintenance (rent, car, money, household goods and luxury), except for property on the list of article 446 of the Russian Civil Code, which is not subject to confiscation.

The main features of this arrest are reflected in Federal Act No. 229-FZ of 02.10.2007 "On execution proceedings".

When can bailiffs seize property?

Of course, any alimonyer is not a criminal and no official will be unjust in applying administrative measures to him. Of course, there must be a fault by the alimonyer in the form of a debt of payments — there can be no other reason on the question of alimony.

Article 80 of Federal Act No. 229-FZ "On execution proceedings" expressly indicates the possibility of applying a measure of seizure of property to a debtor whose debt under an implementing document amounts to at least 3,000 roubles.

Consequently, the most important ground for the seizure of property or money in the non-payer ' s open accounts,is Amount of maintenance arrearsestablished by the General Assembly at its fifty-eighth sessionDebtor ' s fault.

In addition, the law states that the use of the penalty of arrest of a bailiff may include:and during the term of officeinstalled forVoluntary repayment of debt(art. 80, para. 1, of Federal Act No. 229-FZ).

Procedure for the seizure of the debtor ' s property

The procedure for the seizure of property (movable, immovable) has mandatory procedural features, which the arresting officer must observe so that his actions are not subsequently subject to appeal.

• Answer a few simple questions and receive a collection of site materials on your own occasion.

If the debtor finds a clear violation of his or her rights and an abuse of authority by the bailiff in the execution of the arrest, he or she may appeal against the actions of the officialIn court.The non-payer of maintenance should also know thatThe seized property may be returnedby paying off the alimony debt, or by buying it from the bailiffs.

The conditions for arrest are as follows:

• Prohibition of the disposal of property;
• Limitation of the right to use it;
• Seizure (confiscation) of property in order to secure or dispose of it.

One of theseconditions and period of limitationThe debtor ' s right to use its property in respect of its property shall be chosen by the bailiff on the basis of:

• The nature of the property is taken into account;
• Features of its use;
• It's important to the owner.

The purpose of the seizure of property is to encourage the non-payer to pay the arrears, either:

• Ensure that the property is preserved until it is sold directly or handed over to the recoverer;
• To implement it by sending the funds received to the recipient of the maintenance.

If the property of the debtor is confiscated above the amount of his maintenance debt, the difference in amount shall be returned to the debtor.

What property could the bailiffs arrest for failing to pay alimony?

The list of items belonging to a non-payer on which a bailiff can arrest is quite extensive and varied:

1. Accommodation(a flat, house, room, etc.) is not the only suitable place for the debtor and his/her family members to live (e.g., it is the second apartment owned by the non-payer of maintenance which he/she rents).
2. Vehicle(or other means of transport) which is not a necessary means of movement for a disabled debtor or a disabled member of the debtor ' s family, or if the vehicle is not a means of professional activity for the debtor.
3. Luxury itemseven if they relate to personal items or household items (mixtures — coats, vests; precious metal — ornaments, family jewels, household items — expensive paintings, dishes, etc.).
4. Accommodation equipmentwhich has a value other than basic necessities (television, washing machine, vacuum cleaner, etc.).
5. CashIn the debtor ' s open accounts with banks and other credit organizations, including credit funds.

However, when faced with the practice of seizing property, it should be noted that bailiffs tend to be particularly "uncorrupted" and to arrest, in a rude manner, all valuable items that come into their hands without knowing their ownership and purpose.

In order to avoid improper action by officials, the ideal option is, of course, the timely payment of maintenance debts, but if this has not occurred and the arrest is imminent, the debtor should be very careful at the time of the confiscation and make the necessary observations, which the bailiff must display in writing.act of arrest.

If the property described by the bailiff is owneda third personisJointwith someone ' s property, as well as other nuances, must be reflected in the act of arrest in the form of observations — such a document will subsequently play a significant role in the court as a confirmation of either a procedural violation of the arrest procedure, which would render it null and void, or its application to the property, etc.

Consequences of the disposal of seized property

As discussed above, the main purpose of confiscation of the debtor's property is to fulfil the requirements contained in the executive document — in the particular case — the payment of maintenance debts.

In order to ensure the interest of the claimant, i.e. to bring the money to him, the bailiff is obliged to dispose of the property of the non-payer of maintenance not prohibited by the seizure, and:

• Transfer the money from the sale to the recipient of the maintenance;
• to hand over the debtor ' s unrealized property to the actionr by a written proposal, if the action is accepted by the actionr.

In any event, the debtor ' s property confiscated for maintenance debts is lost to it in favour of the repayment of the debt.

How to declare the debtor ' s property seized by the recipient of the maintenance

If a bailiff does not take the initiative to apply such a measure to a non-payer, he may be encouraged to do so.Statement(complaint) fromReimburserto which the defendant owed alimony in excess of 3,000 roubles.

Article 50 of Federal Act No. 229-FZ "On execution proceedings" reflects the power of the recipient of maintenance to file applications and applications for various matters in the course of the execution proceedings.

The application for seizure of the property of the debtor may be as follows:

• Written (in the form of an application), reflecting the amount of the debt and applying the measure to the non-payer;
• An oral statement made at the reception of the bailiff.

Of course, it is better to file a petition on paper, by sending mail mail to the bailiffs or by hand to the official, with a note of acceptance on his copy of the application.

On the basis of a statement from the recipient of the maintenance and the actual maintenance debt, the bailiff is obliged to makeRequeststhe debtor ' s property and money in open accounts in the followingorganizations:

• H & D; HYD;
• Tax Inspectorate;
• Pension Fund;
• Banks and other credit organizations;
• State body for property registration.

Upon receipt of replies from the above-mentioned organizations concerning the existence or absence of property and money from the person, the bailiff shall decide (and issue orders) on the seizure of the property or funds for subsequent disposal by the prescribed methods.

Model application for seizure of the debtor ' s property to the bailiff

A model application for seizure of the debtor ' s property may be downloaded by reference.

To the regional office of the OFSP for the Kranodar districtKrasnodar, Stassov Street, P.E. 118

Vadimovna Mirmova Olesi VadimovnaKrasnodar, Rue Petrenko, D. 12, Q. 5, tel.

Application for seizure of the property of the debtor Mirmov Victor Stepanović

In the case of the bailiff, N. N. Gaponenko, there is an execution proceeding for the recovery of maintenance from Mr. Mirmov V.S. for the maintenance of his sons, Mirmov A.V., 12.03.2004, Mirmova D.V., 16.07.2009, in the amount of 1/3 of the income.

Since October 2018, the alimony payer has been in arrears because I haven't received any child support money so far, and when I tried to call the defendant and find out the reason for the debt, it was discovered that his contact telephones had been turned off.

PLEASE:

- To issue an order for the calculation of the debt owed to Mirmov by V.S. for maintenance obligations for the period from October 2017 to January 2018;

- To identify and seize the existing assets of the debtor to be recovered from the maintenance debt.

18.01.2018 */Signed/signed

How to secure the seizure of property

The grounds for removing the seizure from property are as follows:

• The full payment of the debt support obligation prior to the disposition of the property;
• A positive decision of the court in the case of an appeal against the arrest by the person concerned.

1. The non-payer ' s arrest without payment of the debt may only be withdrawn by a court of law by filing an administrative claim with the District Court at the location of the territorial body of the OFSP, provided that there are legal grounds for doing so.
2. The debtor must bear in mind that the procedure itself for the seizure and recording of assets that are seized is considered to be a serious process.
3. The important points to be addressed by the debtor are therefore:

1. Self-inflicted presence at the time of the seizure, as well as two understood assets.
2. Attention to marshals ' formationseizure of property—This document is prepared by the official himself at the place of arrest and may contain observations of any kind made by the debtor.

If there's a withdrawal claimSatisfied by the Courtthe arrest is withdrawn, the decision of the court is sent to the OFSP office and the property is returned to its owner.

If the debtor ' s claimsnot satisfied by the courtThe property described under arrest is known to be significantly lost in value, each debtor, with less than 30,000 rubles at the value of the property.

has the right to own property (art. 87, para. 1, of FL 229, "On executive proceedings").

Therefore, it is virtually possible to falsify the sale of the item to a friend or relative by drawing up a sales contract, handing over the money to the bailiff and then buying it back.

However, the simplest method of preventing the seizure of personal effects, vehicles, accommodation or maintenance money by the non-payer is the absence of maintenance debts and, if they arise, the early payment.

Application to court for removal of property

Procedure for the preparation of the application for the removal of property:

1. An application may be made by:
   • The debtor itself;
   • by third parties if their belongings have been illegally arrested;
   • A representative of the debtor or a third person (but representation on administrative claims requires higher legal education);
2. The administrative action shall contain:
   • A logical statement of the problem;
   • Offences committed by an official during an arrest;
   • The requirement to remove the seizure of property;
   • to be held at the Palais des Nations, Geneva,documents:
     • The debtor ' s passport;
     • A copy of the seizure report;
     • A copy of the description of the property seized;
     • Other relevant documents (audio, video, photographs, etc.):
     • It's a receipt to pay for the government service.

Model application for withdrawal of property

A model of an administrative action for the withdrawal of an arrest can be seen here.

To the Krasnodar Soviet District CourtKrasnodar, Rue Petrenko, D. 9

Administrative plaintiff: Protasov Yuri GrigorievichKrasnodar, School Street, D.17, tel. xhhhhhhhh

Administrative respondent: Chief Executive Officer of the Karasun District of Krasnodar Antonenko S.V.Krasnodar, Stassov Street, Dr. 118, tel.

Administrative application for withdrawal of property

On the basis of an order issued by S. V. Antonenko, Chief Executive Officer of the Karasun District of Krasnodar, 20.12.2017, property was seized in my home, which is owned by me at Krasnodar, School Street, D.17, in connection with a maintenance debt of 34,000 roubles in respect of me, in front of a minor son, Protas, Grigorius.

During this procedure, the following items were arrested:

• Forward bicycle;
• "Philips" tape recorder;
• LG washing machine.

I consider the seizure and confiscation of property to be illegal and null and void because of non-compliance with the law in their implementation, namely:

• Violation of procedure: lack of understanding, disregard for the remarks I made in the arrest certificate (as confirmed by the Act of 20 December 2017);
• The seizure of property belonging to third parties: my mother, Protasova, A.A., to my brother, Protasov, V.G. (which is supported by receipts for the purchase of items).

On the basis of the above, article 144 of the Code of Criminal Procedure, article 80 of Federal Act No. 229-FZ on executive proceedings,

Past Court of Justice:

• To declare the seizure of 20.12.2017 on the above-mentioned items null and void for violation of the law in its implementation.
• Return the Forward bicycle, the Philips tape recorder, the LG washing machine to their actual owners at Krasnodar, School Street, V.17.

I attach the following documents to the suit:

1. A copy of the arrest certificate of 20.12.2017.
2. Copies of documents confirming ownership of the property of Protasova A.A., Protasov V.G.

29.12.2017 ___________________________________________________________________________________________________________________________________________________________________________________

Arrest of property by alimony in 2023: step-by-step instruction, model application

The payment of maintenance is an obligation that each parent must perform, and if the court has set a certain amount, it must be granted to the child under the conditions previously specified; in the event of a debt, the property may be seized on alimony and other consequences.

General

If the parent does not pay alimony, there is a debt; she is entitled to be paid by the bailiff or the accountant at the place of work of the payer (article 113 of the Code of Criminal Procedure); if such a debt arises, she becomes liable for a penalty of 0.5 per cent of the amount for each day of non-payment.

The seizure of property is not a priority method for the recovery of maintenance debts; it is used in cases where other methods do not apply to a hard-core non-payer; apart from the arrest of the debtor, the right to leave the country or to drive a vehicle may be revoked.

The most vicious non-payers are ultimately held criminally liable and may be imprisoned for one year, often accompanied by the deprivation of parental rights by the non-payer, but this does not relieve the obligation to pay alimony.

Conditions for seizure of property

The most important condition that an arrest must take into account is the voluntary and long-term refusal of a person to pay maintenance, in which case the measure will be lawful.

There was a list of assets that could be seized in a certain order, for example, first with respect to bank accounts and movable property, and then with respect to the debtor ' s real estate.

Some types of property are not subject to seizure:

• The debtor ' s only home;
• Personal effects (clothes, etc.);
• Items used to earn money.

Expensive equipment must be seized if it is not proved that it is being used to earn a wage. If the non-payer has things left in his possession by third parties, notice must be given to the bailiffs; otherwise, the property will be recorded and confiscated; and information must be provided on the property owned by the co-owner.

In order to be able to pay all the maintenance debts, bailiffs often have to seize all the property; the debtor has to provide the details of all the property without hiding anything; in practice, the opposite is the case.

In the former case, not all information may be provided, since the claimant, even as a former spouse, may not be aware of some of the payer ' s property, so it is easier to apply immediately to the following authorities:

• The Tax Service;
• Pension Fund;
• H & D; HYD;
• Rosreister;
• Bank, etc.

In the event that FSPF staff are not aware of the owner ' s whereabouts, he or she must be placed under search.

Method of arrest

As a rule, the arrest is initiated by bailiffs on the basis of a statement from the injured party (the child ' s guardian) and the debtor ' s possession must be clarified before writing a claim for maintenance debts.

Upon receipt of the application, the bailiff is required to issue an order for the recovery of the debt through the disposition of the property, but before the actual seizure is effected, the debtor is notified in writing; if the debtor fails to pay the debt within five days, the property will be confiscated.

The bailiff is sent to the citizen ' s place of residence and compiles an inventory of the property, which includes the following information:

1. FIO all participants in the procedure;
2. A list of the debtor ' s property (all described in detail);
3. the particulars of the documents confirming the ownership of the property by the person;
4. FIO of a person who takes the specified items into custody after seizure;
5. Date, signatures.

Copies of the documents are made available to both the debtor and the claimant of maintenance; the latter has the right to be present at the seizure; once the property has been seized, the debtor has time to pay the full amount; more precise information can be obtained from the bailiffs.

If the debtor fails to settle, all the property will be sold in the form of maintenance debt, for which a special State organization (Russian Federation) will conduct a tender, and all the money obtained from the sale will be transferred to the claimant of maintenance (guardian ' s guardianship).

How to Cancel Arrest

The owner of the seized property may lift the restriction, the reasons for which are as follows:

• He paid the debt;
• The execution proceedings were terminated on the initiative of the claimant;
• The court found the arrest unlawful.

It is often necessary to obtain the withdrawal of an arrest if the debt has been paid, but no information has been received by the bailiffs; it is often illegal to seize property; for example, if it is owned by third parties, or if it is owned by third parties.

The step-by-step instruction for lifting an arrest is as follows:

1. Processing of the application;
2. Preparation of documents enabling the withdrawal of the arrest (debt repayments, court decision, etc.);
3. Recourse to the bailiffs who carried out the arrest;
4. Waiting for the decision of the staff of the SPF.

If, for some reason, the bailiffs have refused to remove the property, it is necessary to apply to the court.

Let's sum up.

Ares ownership of maintenance debt is a pretty serious punishment. It's important to know if it's possible to pay the full amount to get the property back. The law allows, but the time limits are limited. If the property is sold out of the tender, it can't be repaid, and only the debt will be repaid, so the payer will have to continue to perform his duty.

If you want to know,How to solve your problem -- you can use the online consultant's form downstairs or you can call on the phone.:

Arrest of property for non-payment of maintenance: procedure and grounds

We've been talking about hard-core evasion, and today we're going to talk about sanctions against debtors, and in particular, we're going to look at the seizure of property for non-payment of alimony, which is the most effective and quick way to enforce a large debt of alimony from a non-payer.

The seizure of property for non-payment of maintenance is one of the ways to enforce the payment of child support; the arrest requires a court order and proof of non-compliance with maintenance obligations.

By seizing the property, thereby limiting the debtor ' s right to use it, the bailiffs seek to expedite the payment of maintenance debts by the payer; in hopeless situations, the seized property will be sold and the money sold will be handed over to the claimant for maintenance.

Property for non-payment of maintenance is seized only when other methods of recovery have failed to influence the payer and have been rendered ineffective.

Procedure for calculation of maintenance debt and liability for evasion of maintenance.

The Family Code of the Russian Federation, in article 113, assigns responsibility for the calculation of maintenance debts on children of bailiffs or accountants of the payer ' s employer, depending on the form of maintenance payments:

The amount of the debt is assessed as a multiple of the subsistence minimum for the child of the payer ' s region, and it is indexed quarterly with each change.

Debt accrues on the basis of average earnings over a period of debt; if the parent does not have an official salary, the debt is calculated on the basis of the average wage of the region.

The bailiffs may subsequently seize the non-payer ' s property or sell it at auction.

However, this method cannot be carried out without a number of attempts and preliminary measures for the recovery of maintenance.

Pre-execution proceedings.

Upon receiving an application for the enforcement of maintenance from the applicant, the bailiffs ' office must order the opening of the enforcement proceedings, which must include the following data in the case:

1. The amount of maintenance and the regularity of its payment;
2. The amount of the debt;
3. Formal warning to the threatening debtor of criminal liability for evasion of maintenance;
4. List of measures selected to enforce the recovery of maintenance.

Under the federal law on execution proceedings, the bailiff is required to give notice in writing of the opening of the case directly to the applicant and the payer, as well as to the judicial authorities.

After having been notified of the commencement of the enforcement proceedings, the payer must pay his debts within a certain period of time; if he fails to comply with these requirements, he will be subject to enforcement measures.

The executive proceedings shall be carried out in the following sequence:

1. Oral interview with the debtor;
2. Establishment of time limits for voluntary repayment of debt;
3. Written warning on criminal and property liability;
4. Confiscation and seizure of property.

How is data collected on the debtor ' s property?

Most often, the execution proceedings are initiated by the claimant; the law requires the debtor to provide information on its property to the executive; however, most often, the rule does not work; therefore, the bailiffs are obliged to analyse the property data on the information received from other authorities to which written requests have been sent:

• Federal Tax Service;
• Pension Fund;
• H & D; HYD;
• Bank that serves the payer;
• The Registrar ' s Chamber;
• The debtor's employer;
• U.D.D.

If the debtor is hiding from the bailiffs, they have the right to make a search warrant.

At this stage, a private company lawyer can be employed to help the Federal Service of the Marshals find a list of the property to which the retention of debts can be directed, and a lawyer can represent the client in court by preparing procedural documents, lawsuits and applications.

Arrest of property for non-payment of maintenance: how is the procedure going?

The seizure of property is used in the event that the debtor does not have official wages and financial savings and is initiated by the SPF staff or at the request of the recoverr.

If the arrest is ordered by a court, the court shall not inform the defendant of the arrest to prevent him from transferring the property to other persons.

You can read about how to collect alimony from an unemployed person here.

The bailiff may seize the following types of property:

The seizure of property is carried out in a strict sequence: first, movable property, then vehicles, and the completion of real estate.

Court bailiffs may not seize essential goods or an amount in excess of the amount of maintenance debt, such items being the debtor ' s sole home and earning instruments.

The seizure of property takes place in several stages:

1. Inspection of the non-payer ' s residence by the bailiff;
2. The seizure of property, with an act of record indicating:
   1. FIO witnesses to seizure of property;
   2. A list of seized property with a detailed description;
   3. List of shares and securities with their details;
   4. An indication of the time limit on the use of debtors ' property;
   5. The seizure of movable property into the bailiff ' s warehouse, with the identification of the person responsible for its preservation;
   6. Date of arrest;
   7. Signature of all participants in the proceedings and witnesses.

Two copies, one for each party, should be removed from the document, and the claimant may be present at the seizure proceedings as the party concerned.

How's the sale of the seized property going?

The main purpose of the seizure is to obtain payment of the maintenance debt from the debtor. If it is not possible to achieve it, the asset specializing in the valuation and disposal of the seized property shall auction it without obtaining permission from the debtor. At the end of the sale, the money obtained shall be transferred to the claimant of maintenance.

The property seized is often sold at a minimum cost, and the debtor is better off finding the means to repay the maintenance debt on his own.

How do we get this out of the apartment?

It is possible to remove the seizure of property by fully clearing the debts or by resorting to the competent judicial authorities, but the court will have to consider all the circumstances that gave rise to the measure and the executive proceedings will be closed only if financial disputes between the parties are fully resolved.

What if the seizure of property for non-payment of maintenance was not justified?

Unfortunately, there are cases in Russia where the debtor has fully repaid the maintenance debt, and the seizure of the property remains undeposited, that is, it becomes unreasonable.

In this case, the debtor must file an action for the release of the property in the arbitral tribunal, the grounds for filing being set out in the Arbitration Code of Procedure (art. 327). It is not appropriate to bring an action against bailiffs in this case, since there will be two types of conflict: civil or administrative.

In summary, it should be recalled that only the person who evades the enforcement of the maintenance order is liable to be seized of property for non-payment of maintenance; the debtor may avoid this measure if he is able to pay the debt within 5 days of receiving a formal notice of the commencement of the enforcement proceedings.

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