Why might a car be impounded?
An arrest involves the imposition of a ban on the disposal or use of property belonging to the debtor (defendant, suspect, accused), and in some cases the seizure of such property.
A car, like any other property, can be subject to seizure. Accordingly, registration of transactions with it (for example, purchase and sale) while under arrest is impossible.
The court or bailiffs can impose an arrest. It should be understood that the seizure of property is not a punitive measure. The main purpose of the arrest is to ensure the execution of a court decision to collect the amount of debt from the debtor, confiscate property, etc.
The car will be released from seizure if the grounds for its imposition are removed. For example, there is no need to apply arrest if the debtor has fully repaid the amount of debt.
As for the reasons for the seizure, there may be several of them. The most common:
- the owner of the car has a debt on a loan, for utilities, etc., the collection of which is carried out by bailiffs according to a writ of execution;
- initiation of a criminal case against the owner for crimes, as an additional punishment, for which confiscation of property is provided;
- filing a civil claim against the owner for debt collection, damages, or if the subject of the dispute is the car itself.
For what debts will a driver's license be revoked in 2021?
To find out for what debts a driver’s license may be restricted, you need to read Federal Law No. 229 “On Enforcement Proceedings”. Article 67.1 of the regulatory legal act states :
If a debtor-citizen or a debtor who is an individual entrepreneur fails to fulfill, within the period established for voluntary execution, without good reason, the requirements contained in the executive document for the collection of alimony, compensation for harm caused to health, compensation for harm in connection with the death of the breadwinner, property damage and (or ) moral damage caused by a crime, claims of a non-property nature related to raising children, as well as claims for the collection of an administrative fine imposed for violating the procedure for using a special right, the bailiff has the right, at the request of the claimant or on his own initiative, to issue a resolution on a temporary restriction on the use debtor special right.
Based on the above passage, we can conclude that deprivation of a driver’s license for debts is carried out in the following situations:
- the driver does not pay child support;
- a person has a debt to compensate for moral or material damage caused by a crime;
- the debtor does not fulfill non-property requirements related to raising children ;
- the violator does not pay the administrative fine imposed for violating the procedure for driving a vehicle .
Suspension of a driver's license for loan debts is carried out only if there is a large amount that is not paid on time.
Ways to check a car for arrest and restrictions
There are many services that allow you to obtain information about a car, fines, and transactions with it. Such information can be provided by both public authorities and private organizations. The most famous state information resources are:
- service of the State Traffic Safety Inspectorate of the Russian Federation;
- service of the FSSP of the Russian Federation.
In addition to these resources, information about the car can be obtained on the portal of the Moscow government (for residents of Moscow and the Moscow region), on the website of the Russian Union of Auto Insurers, etc.
By VIN code
A VIN code is a unique vehicle identifier that is known to a limited number of people. Therefore, most services use it to check seizures, restrictions and obtain other information.
For example, to check using the traffic police database, you need the VIN code.
By license plate
With only the license plate information available, checking to seize the car is impossible.
However, by entering the car number on the traffic police website in the request field, you can find out, for example, about the presence of fines imposed on the owner for traffic violations. At the same time, knowing the car number, you can use the database of the Union of Auto Insurers to find out the VIN code:
- On the website of the Union of Auto Insurers, enter the car number in the request form. The service will indicate the MTPL policy number.
- Open the “Information about insured vehicles” tab and enter the policy number in the request form. The service will indicate the vehicle's VIN code.
How to check a car for arrest on the traffic police website
All data on prohibitions on registration actions, as well as the arrest of vehicles, is accumulated in the State Traffic Safety Inspectorate of the Russian Federation, because it is this government body that is authorized to carry out registration actions with cars. For the convenience of citizens, the State Traffic Safety Inspectorate website has a service for checking cars based on restrictions on registration actions.
After opening the service, in the “Vehicle Check” window, enter the VIN code. Checking is also possible using the body or chassis number. From the four check types below, select the last one: “Check for restrictions” and request a check.
If the data entered by the user matches the number (VIN code) in the database of the State Traffic Safety Inspectorate of the Russian Federation, the service will indicate that restrictions have been imposed on the registration of this vehicle or that it is under arrest. If there is no such data in the database, then the user will receive information that there are no matches, therefore, the car is free from arrest and restrictions.
What to do if your Sberbank card is seized
If a Sberbank card is seized by bailiffs, then the only way to unblock your funds is to pay the debt.
To do this you need:
- find the resolution number in the SMS sent by Sberbank;
- go to the bailiffs website and find the section Database of Proceedings;
- enter the decision number in the search bar and get data on the case, incl. details of the FSSP department;
- make payment of the debt according to the proposed details.
Check on the bailiffs website
Unlike the traffic police, the bailiff service does not take into account cars, but debtors. When opening the FSSP debtor verification service, you need to enter the following data:
- citizen's full initials;
- date of birth;
- region of residence.
If enforcement proceedings are being carried out against the debtor, the FSSP RF service will provide information about the amount of debt and the restrictions imposed.
We recommend checking the car using both services, since only together they can provide comprehensive information regarding the arrest or restrictions on a specific car.
How to check if property is under arrest
The procedure for seizing property identified from a debtor involves 2 registration methods:
- by issuing an arrest order by the bailiff, if the rights to this property require registration, and the arrest itself was made in the form of an executive action in order to ensure execution;
- by drawing up an act of seizure and an inventory of the thing in the event of its seizure as part of the foreclosure procedure.
Any of the documents must be sent by the bailiff to the parties to the proceedings no later than the next day after its issuance, and in the event of seizure of the item - immediately.
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Note!
The documents are sent to the place of residence or location of the debtor, indicated in the writ of execution or notified by him independently. In this case, the debtor is considered to have been notified of the arrest, even if he has not received a copy of the decree or act of the bailiff.
If the debtor has not received documents about the arrest, he can find out about its application if he contacts the bailiff who is conducting the proceedings. But you can check the fact of encumbrance without contacting the FSSP department, depending on the type of property.
How to find out if an apartment has been seized by bailiffs
The apartment, according to Art. 130 of the Civil Code, is real estate, therefore the right of ownership, the encumbrances imposed on it, in accordance with paragraph 1 of Art. 9 Federal Law No. 218 “On State Registration of Real Estate” are reflected in the unified real estate register - USRN. The register is public, therefore information from it, if it is not restricted in access, is provided to all interested parties upon request.
The Unified State Register is maintained and maintained by Rosreestr, which also administers access to register information. You can get information about arrests from it in two ways:
- Using the service “Reference information on real estate objects online”. It provides free access to basic information about real estate by one of the metrics: cadastral number, address, conditional number, right or restriction number. Based on the results of the generated request, information about a possible arrest is displayed in the “Rights and Restrictions” section.
- Using the service “Obtaining information from the Unified State Register of Real Estate”. Anyone can order an electronic or written extract from the Unified State Register of Real Estate for an object of interest, which will reflect the information contained in the register regarding the apartment, including arrests indicating the production number and writ of execution. The cost of an electronic statement is 300 rubles.
What information can be obtained during verification?
In addition to data on the presence of arrest or restrictions, the information services of the State Traffic Safety Inspectorate of the Russian Federation and the Federal Bailiff Service of the Russian Federation provide other useful information.
So, for example, by finding the owner of a car in the list of debtors, you can find out some information about the collectors and the amount of the debt. This will determine the seriousness of the claims against the debtor. If the debt is significant, then the likelihood of seizure of the car is high. It is also possible that the owner has a debt, restrictions on the property have already been imposed, but the information on the traffic police website has not yet been updated.
As for the traffic police service, using it, you can find out about the number and amount of unpaid fines, previous transactions with the car, its participation in an accident, as well as whether the car you are looking for is wanted or not. All this information is also available by specifying the vehicle's VIN code in the request field.
How can I get my money back?
First of all, we need to deal with the bailiffs. For example, if you were charged a traffic police fine that was paid earlier and on time, contact them with a receipt for its payment (not forgetting, of course, to take your passport).
The result of this proceeding will be:
- an official response to your appeal to the prosecutor’s office or to the leadership of the FSSP (its territorial body);
- An official certificate that the bailiffs have no questions (claims) for you and you have no debt.
Then you need to get a notification from the bailiffs about the erroneously or unlawfully sent writ of execution.
With these documents you should go to Sberbank and submit an application with a convincing request for the return of funds, in which you will set out in detail the circumstances of the withdrawal of money.
Your finances will be returned to your card within approximately seven days.
As practice shows, the situation where bailiffs withdrew money from a Sberbank card not only secretly from the client, but also in the process of collecting a non-existent debt is, alas, not uncommon. All that is required from a citizen to get his money back is to act decisively and extremely competently. Then the misunderstanding will certainly be resolved in your favor.
How much does a check cost?
On the websites of the State Traffic Safety Inspectorate of the Russian Federation, the FSSP of the Russian Federation and the Union of Auto Insurers, you can check your car for free.
No registration is required to use these resources. On other services you will have to register or pay for the information provided.
So, the availability of services from the State Traffic Safety Inspectorate of the Russian Federation, the Federal Bailiff Service of the Russian Federation, and the Union of Auto Insurers allows you to obtain complete and up-to-date information about the vehicle you are purchasing, whether it is wanted, check for participation in an accident, and the number of previous transactions in a few minutes without registration and for free. By wisely using the available open data, you can be sure that the transaction will be safe, and the purchased car will not cause trouble in the future.
