Procedure for removing seizure from a vehicle
These restrictions will not allow the vehicle to be deregistered with the traffic police or re-registered in the name of another person. Many car owners are looking for answers to the question of whether a bailiff can seize a car. The answer can be positive. After receiving a court decision, the bailiffs are obliged to inform both the owner of the car and the traffic police. Activities included in the seizure of a vehicle begin with an inventory and a ban on its disposal.
- The first question that the defendant must find out for himself is how to remove the seizure from the car through the court. This procedure consists of a certain number of steps. First, you need to obtain information about the person who filed the claim and the reason for his action. Then a statement is written to the bailiff to remove the seizure from the car. After submitting the application document, the case is considered.
- Then the procedure for removing the seizure from the car includes a trip to the MREO in order to obtain copies of decisions on the imposition of sanctions. In cases where the defendant discovers the illegality of the sanction, it can be appealed. If the plaintiff’s claims are legitimate, then the best solution would be to eliminate all such claims - repay the debt, compensate for damages. After this, a petition to remove the sanction is submitted.
- It is possible to remove the seizure of a car by bailiffs by obtaining a decision to cancel the sanction from the relevant judicial authority. It often happens that the sending of all papers and documents is delayed. In order to speed up the process, it is advisable for the defendant to independently deliver copies of documents on payment of debt or coverage of damage.
What are the restrictions?
From a legal point of view, the terms “arrest”, “ban”, “restriction” are different.
Restriction - deprivation of the car owner’s ability to exercise ownership or other rights to the car.
The motorist will continue to own the vehicle, but will not be able to sell it, since the buyer will not be able to re-register the car in his name after purchase.
A ban (or prohibition) is a measure established by authorized bodies that prevents the car owner from performing certain actions in relation to his vehicle.
Seizure - inventory of the car, prohibition on disposal of the car.
With the help of a ban, you can prevent any specific actions from being performed with the car; with the help of an arrest, you can prevent all actions in full.
If the restrictive measure is chosen incorrectly by bailiffs or other authorized bodies, the car owner can challenge it. There are many similar judicial precedents.
It is important to know! I bought a car, but it is in the custody of bailiffs - what to do?
What to do if the bailiff does not remove the arrest from the car?
If the bailiff fails to act to remove the seizure from the car, you can file a complaint with the senior bailiff of the district department of the FSSP. If the senior bailiff does not change the situation, the complaint must be sent further. So, when asked where to write a complaint against a senior bailiff, we can recommend writing it to the regional department, addressed to the head of this department.
Do not forget that the complaint must be submitted in writing. It can be submitted either at a personal reception or through the office (preferably against signature on a second copy), or sent by postal or courier services.
The general period for consideration of complaints, requests and applications is 30 days.
Is it possible to lift the arrest if there is a court decision to collect the debt?
Citizens are often interested in: if they are found to be debtors by a court decision, how quickly will their property, including their car, be seized. It is worth noting here that if the court has not imposed measures to secure the claim, then the arrest will not be imposed very quickly: first, the claimant will need to obtain a writ of execution, which will then be sent to the bailiff service. Then the bailiff will initiate enforcement proceedings and send a resolution to impose a ban on registration actions to the traffic police. And only after these procedures will the vehicle be seized.
Moreover, there are ways that can help you avoid having your car seized. So, if a court decision is made to recover some money, you can apply for a deferment or installment plan for the execution of the court decision. If the dispute was between legal entities and the decision was made by arbitration, then you need to pay attention to in what cases a deferment of execution of the decision of the arbitration court is granted - this has its own nuances.
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Methods for checking the “cleanliness” of a vehicle
With the development of digital technologies, the procedure for determining the existence of financial encumbrances previously imposed on a purchased car is becoming increasingly simpler.
There are several such methods:
- You can verify the “cleanliness” of the purchased car in person by coming to the traffic police department and writing a statement. All credit encumbrances are indicated in the special traffic police database.
- Another way would be to send a request on a special tab (“Vehicle check”) on the website of the State Road Safety Inspectorate. The check is carried out either by body number or by vehicle identification number. The user will receive information about the type of ownership restriction, if it exists. It will also indicate who imposed the encumbrance.
- The bailiff service has its own website, which will also allow the owner of a new car to find out whether it has been seized due to loans or for some other reason. But there is some complexity here. You will have to enter the last name, first name and patronymic, as well as the date of birth of the previous owner of the car. Checking by body numbers and identification number is not provided. But here you can find data on enforcement proceedings for a car that have not yet entered the traffic police database.
- Another assistant for the motorist is the Autocode website, where the check is carried out using the license plate number, VIN and body number. You can receive a brief report through the form on the website. It's free. But if you want to get complete information on this vehicle, you will have to fork out a little. After payment, the user will receive the entire car history available in the official databases.
IMPORTANT !!! Experienced lawyers, when providing legal assistance, advise combining a check using the traffic police and FSSP databases, as well as adding a report from the Autocode website to them. It will take very little time, but the help will be invaluable.
Sample application to remove the seizure from a car addressed to the bailiff
To the Oktyabrsky district department of Yekaterinburg
Federal Bailiff Service of Russia for the Sverdlovsk region
Applicant:
M.
Statements
to the FSSP on lifting the ban on registration actions
On November 9, 2014, an agreement for the sale and purchase of a motor vehicle (numbered unit) was concluded between me, M. (buyer), and I. (seller). In accordance with the specified agreement, the seller sold and the buyer bought a vehicle (registered unit) GAZ 33021, manufactured in 2005, VIN identification number 96330210537133.
The specified agreement was executed, and on November 12, 2014, I wrote an application to the MREO of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia for the Sverdlovsk Region to register the purchased vehicle. However, I was denied registration of the vehicle due to the fact that the FSSP imposed a ban on registration actions in relation to the specified car.
After that, I went to the website of the Federal Bailiff Service of Russia for the Sverdlovsk region, where I searched in the bank of enforcement proceedings, entering the data of I.
The search did not bring any results, which means that even if enforcement proceedings were initiated, they were subsequently terminated. It is obvious that information about the termination of enforcement proceedings and the lifting of the arrest, if it was lifted at all, was simply not transmitted to the MREO of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia for the Sverdlovsk Region.
By virtue of Art. 8 of the Constitution of the Russian Federation in the Russian Federation recognizes and protects equally private, state, municipal and other forms of property.
In accordance with Art. 35 of the Constitution of the Russian Federation, the right to private property is protected by law. Everyone has the right to own property, own, use and dispose of it, both individually and jointly with other persons.
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No one can be deprived of his property except by a court decision. Forced alienation of property for state needs can only be carried out subject to prior and equivalent compensation.
Based on the above and guided by current legislation,
ASK:
- Remove the arrest from a GAZ 33021 car, manufactured in 2005, VIN identification number 9633052037133;
- Issue a decree from the bailiff to lift the arrest for its transfer to the MREO of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia for the Sverdlovsk Region.
Date, signature
How to find out if a car has been seized
You can find out whether the arrest has been removed from the car in the following way:
- Go to the website of the bailiff service or the State Traffic Inspectorate.
- Find the relevant service sections.
- Fill in the fields with your data.
The databases are publicly available; you only need to enter personal information in special fields.
On the traffic police website you are required to enter the vehicle's license plate number or VIN/body number. In this section you can learn about vehicles that have been seized by court decision. This database does not provide data on cars that are pledged.
On the FSSP website, on the contrary, there is information about the owner, and not about the car. The owner can be either an individual or a legal entity. Here you can find information about all cases filed against the car owner. Please note that the sale of property must be carried out strictly under the control of bailiffs, and the funds received must be transferred to the account of the claimant. Be vigilant if they keep silent about the arrest, demanding immediate completion of the transaction.
It is important to know! Can a driver's license be revoked for debt?
Ideally, data on arrests and their removal should be immediately entered into the database, but in reality, both the bailiff service and the Ministry of Internal Affairs are not always in a hurry to enter information. Therefore, the buyer sometimes finds himself in a difficult situation.
If the applicant was a creditor bank, the owner should come to the branch of this financial organization and obtain a certificate of no claims on their part.
If proceedings have been opened with the participation of bailiffs, it is almost impossible to obtain the necessary information.
So how can you find out if your car has been removed from impound? For your own peace of mind, take the seller with you to register the car with the traffic police. This will protect you from fraud and prevent you from being left without money and without a car.
The safest transaction involves a car that is pledged. In this case, the sale is controlled by a bank or a specialized salon. Car owners who have such a car often look for buyers themselves, but the transfer is carried out under the control of a financial institution.
Lawyer for removing arrest from a car in Yekaterinburg
One of the common measures to secure claims is the seizure of citizens' property. These activities can be carried out by law by customs officers and bailiffs. This is done with the aim of imposing restrictions on the use and disposal of property by its owner. Therefore, many people who find themselves in such a situation are wondering how to remove the seizure of a car imposed by a court.
Please note that our law office provides legal assistance on a wide range of issues related to debts. So, there are cases when the debtor has nothing and all the property is registered with his spouse. In this case, a process such as the allocation of the debtor’s share in the common property of the spouses, which requires a special approach, can help.
