In other words, in the case where the debtor has not put up his apartment, which is his property and in which he currently lives, as collateral, then no one can confiscate it to pay the debt. An exception is an apartment issued with a mortgage, housing provided as social rent, for which privatization has not been registered.

In addition, due to large debts in payments for utility services, the debtor may be moved to a less comfortable apartment. But if there are several apartments or cottages, and other similar property, the loan borrower should hurry up and draw up documents granting ownership rights to one of the relatives.

Seizure of property during enforcement proceedings

80 of the Federal Law “On Enforcement Proceedings”, the decision to seize is made by bailiffs on the basis of a corresponding application from the claimant no later than the day following the day of its filing.

The arrest is used to ensure the implementation of the executive document. The arrest should be applied: when executing a court act on confiscation of property; when executing a court ruling to seize property that belongs to the debtor and is owned by him or other persons; to ensure the safety of the debtor’s property to be sold or transferred to the claimant.

Seizure of property is a procedure for compiling an inventory of it and entering it into the act of seizure.

Property not subject to seizure by bailiffs

In some cases, the item may be seized and transferred for storage. Seizure of property belonging to the debtor Limitation of the debtor's property rights is used to fulfill the demand for collection and has a number of features: the need to preserve items intended for transfer to the creditor or sale; implementation of the decision on gratuitous seizure; location of property from third parties; the rule of priority is not taken into account, that is, it is not necessary to first seize money, and then, for example, real estate; the measure is allowed to be used until the end of the period provided for voluntary coverage of obligations; Easement of non-monetary assets is not allowed if the amount of debt is less than 3 thousand.

List of property not subject to confiscation by court verdict

Seeds necessary for the next sowing of agricultural crops. 5.

Household furnishings, utensils, clothing: a) clothing, shoes, linen, bedding, kitchen and dining utensils that are in use; b) furniture minimally necessary for the convicted person and his family members; c) all children's accessories. 6.

The convict, whose main occupation is agriculture, has food in the amount necessary for the convict and his family until the new harvest, and the rest of the convicts have food and money in a total amount equal to three times the minimum wage for the convict and each of them. members of his family. 7.

List of the debtor's property subject to inventory

Collection under executive documents cannot be applied to the following property owned by the debtor citizen by right of ownership: residential premises (parts thereof).

if for a citizen-debtor and members of his family living together in the premises owned, it is the only premises suitable for permanent residence, with the exception of the property specified in this paragraph, if it is the subject of a mortgage and can be applied to in accordance with the legislation on mortgage collection; land plots on which the objects specified in paragraph two of this part are located, with the exception of the property specified in this paragraph, if it is the subject of a mortgage and can be foreclosed on in accordance with the legislation on mortgages; items of ordinary home furnishings and household items, personal items (clothing, shoes and others).

What specific property is not subject to seizure by Russian bailiffs?

Only if the total amount is not enough to cover the obligations, is it possible to seize other property.

Seizure of property involves a prohibition on disposal, seizure or restriction of the right to use.

Things can either be physically seized or left with the debtor for safekeeping until a certain decision is made. Bailiffs have the right to claim only the property that belongs to the debtor.

But this does not mean that the bailiff can do absolutely anything with such a decision.

In recent years, due to the financial crisis, the debt of Russian citizens on credit obligations has been growing rapidly. If late payments reach a peak, banking organizations go to court with a request to initiate enforcement proceedings against the debtor. After this, if the borrower does not voluntarily repay the debt, the bailiff draws up an order to seize the property and visits the home of the insolvent citizen.

To know how to act in such a situation, you should understand in advance what powers bailiffs are empowered and what property they have the right to confiscate and what property they do not.

Property not subject to foreclosure

In Art. 446 of the Code of Civil Procedure of the Russian Federation provides a list of property owned by the debtor, which under no circumstances not subject to arrest by bailiffs. Real estate on this list includes:

1. Residential premises, which are the only place suitable for residence of an insolvent citizen and members of his family.

   Important! If the debtor's home is the subject of collateral or provided to him under a social lease agreement, it may be seized. In addition, if the loan borrower has a large debt to pay for utilities, the housing may be seized, and the debtor himself may be relocated to premises with less comfortable conditions.

   If you own several residential properties, a summer house or similar property and at the same time have debt on loan obligations, it is recommended to re-register ownership of these properties to one of your relatives in order to prevent foreclosure. Just keep in mind that for such purposes won't fit husband or wife, since bailiffs under certain circumstances have the opportunity to seize the jointly acquired property of a husband and wife.

2. A plot of land on which there is a residential premises that is the only suitable place for the debtor to live. Again, if the land was acquired by mortgage agreement, the bailiff has the right to impose a penalty on her.

Movable property that cannot be seized

1. A citizen's personal belongings, including shoes, clothing, household items, and home furnishings, are not subject to seizure. This property includes are included luxury items and jewelry - they may well be confiscated. Therefore, if you have a painting by a famous artist or an antique vase at home, it is better to temporarily give these things to relatives for storage.

   Important! Sometimes even a second TV in an apartment can be considered a luxury item by the bailiffs.

2. It is impossible to recover property that the debtor needs to engage in professional activity, unless its value exceeds 100 minimum wages.
3. It is prohibited to foreclose on livestock, poultry, rabbits, deer used for personal needs, as well as on buildings and feed needed for their maintenance.
4. Seeds for sowing, cash and food products in the amount of a monthly subsistence minimum, fuel for heating a home and cooking food are not subject to seizure.
5. If the debtor is disabled, the vehicles and other property he needs in connection with this cannot be confiscated.
6. Memorable and honorary prizes and signs, state awards of the loan borrower are also not subject to seizure.

   Important! Often, bailiffs do not understand who exactly is the owner of a particular item, and can take away the property of members of the debtor’s family. To avoid such a situation, each valuable item must have a document confirming ownership (warranty card, sales contract, cash receipt).

What income is not subject to recovery?

The seizure of certain things of the debtor and their subsequent sale at auction are associated with a certain amount of red tape. Therefore, bailiffs first of all seek to seize the income of citizens by seizing bank accounts. In this regard, every loan borrower should know what income are not subject to collection. They are listed in Art. 101 Federal Law No. 229 “On enforcement proceedings”. So this is:

1. Money paid to compensate for damage to health.
2. Payments to compensate for damage resulting from the death of the breadwinner.
3. Sums of money paid to citizens who received any injuries in the service, and in the event of their death - amounts paid to members of their families.
4. Compensation for people injured in man-made and radiation disasters.
5. Compensation for persons caring for disabled people.
6. Payments to certain groups of citizens in accordance with the legislation of the Russian Federation (for the purchase of medicines, travel compensation, etc.).
7. Alimony payments and amounts for the maintenance of children during the period when their parents are wanted.
8. Compensations provided for by labor legislation in connection with business trips, transfer to work in another area, the birth of a child, marriage, death of relatives, wear and tear of an employee’s tools.
9. Compulsory insurance payments, except disability and old age pensions, as well as temporary disability benefits.
10. Survivor pensions and payments to them.
11. Child benefits and maternity capital.
12. Material assistance to people affected by terrorist attacks and natural disasters.
13. Compensation for the cost of vouchers to sanatoriums and other health institutions.
14. Funeral benefit.

What to do if the bailiffs seized property that is not subject to collection?

In the case of illegal foreclosure on property and the interests of third parties, the victims on the basis of Art. 441 Code of Civil Procedure of the Russian Federation has the right challenge actions of bailiffs by filing a statement of claim in court within 10 days from the date of violation of their rights. In addition, every citizen, in accordance with Art. 123 Federal Law No. 229 “On Enforcement Proceedings” may, in the order of subordination, write a complaint addressed to the senior bailiff, the chief bailiff of the subject or the chief bailiff of the Russian Federation. The period for consideration of such a complaint is 10 days.

So, if you have debt to credit institutions, in advance prepare for the arrival of the bailiffs. Read the article carefully. 446 of the Code of Civil Procedure of the Russian Federation in order to know what property cannot be seized under any circumstances. Knowledge of the law will help you in the fight against employees of the enforcement service, who often do not stand on ceremony with debtors and foreclose on property that is generally prohibited from being confiscated.

Of course, each situation is unique, and often it is difficult for people who do not have deep legal knowledge to defend their interests and return things illegally confiscated by bailiffs. In this case, a lawyer competent in this area of ​​law can help you.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.

font size

LETTER of the State Customs Committee of the Russian Federation dated 03/31/2003 01-0613799 ON THE DIRECTION OF METHODOLOGICAL RECOMMENDATIONS (together with METHODOLOGICAL RECOMMENDATIONS FOR... Relevant in 2018

LIST OF PROPERTY NOT SUBJECT TO CONFISCATION BY COURT VERDICT

The following property and items belonging to the convicted person as private property or being his share in common property are not subject to confiscation:

1. A residential building, apartment or individual parts thereof, if the convicted person and his family permanently reside in them (no more than one house or one apartment per family).

Another measure to secure a civil claim is the seizure of securities in compliance with the specifics of the seizure procedure provided for in Article 116 of the Code of Criminal Procedure of the Russian Federation.

In order to ensure possible confiscation of property or compensation for damage caused by a crime, seizure of securities or their certificates is imposed at the location of the property or at the place of registration of the rights of the owner of the securities in compliance with the requirements of Article 115 of the Code of Criminal Procedure of the Russian Federation. Bearer securities held by a bona fide purchaser are not subject to seizure.

A security certificate is a document issued by the issuer and certifying the totality of rights to the number of securities specified in the certificate. The owner of securities has the right to demand from the issuer the fulfillment of his obligations on the basis of such a certificate.

Owner - a person to whom securities belong by right of ownership or other proprietary right.

Property that has been seized may be seized or transferred, at the discretion of the person who made the arrest, for storage to the owner or possessor of this property or to another person who must be warned about the responsibility for the safety of the property, about which a corresponding entry is made in the protocol (Part 6 of Art. 115 Code of Criminal Procedure of the Russian Federation).

When considering a criminal case in court, the decision made on the brought claim, confiscation of property is indicated in the verdict (articles, Code of Criminal Procedure of the Russian Federation).

Unfulfilled obligations to the bank entail legal proceedings, during which a decision may be made to seize the debtor's property. Inventory and confiscation are carried out by bailiffs. The debtor needs to know the intricacies of the procedure for seizing property in order to eliminate the possibility of illegal actions. How does the inventory procedure take place and what property is not subject to seizure by bailiffs?

From this article you will learn:

When and on what grounds is arrest imposed?

The seizure of property is carried out for the purpose of collecting debt from the borrower and satisfying the claims of the plaintiff. As a rule, a decision to confiscate property is made when the debtor does not have the income necessary to repay the debt.

The basis is a writ of execution signed by a judge. FSSP officers can confiscate property only if enforcement proceedings are being carried out against a person.

Seizure is used to ensure the safety of property that is subject to transfer to the plaintiff or sale. After the imposition of an encumbrance, the debtor loses the right to dispose of the property at his own discretion.

Arrest procedure

The actions of bailiffs carrying out inventory and confiscation are regulated by Federal Law No. 229 “On Enforcement Proceedings”. The procedure consists of several stages:

1. First, bank accounts are seized. If these funds are not enough to pay off the debt, then the bailiffs visit the defendant to get acquainted with his financial situation at his place of residence.
2. FSSP employees draw up an inventory of things owned. The list of property does not include anything that is not subject to seizure by law. At this stage, FSSP employees not only draw up an inventory, but also evaluate the property to compare its value with the amount of debt.
3. After the assessment and inventory is drawn up, the owner of the items must sign the protocol. If he disagrees with the assessment, he has the right to involve independent specialists in the assessment examination.
4. At the last stage, the issue of sale and storage of the described property is resolved. The decision is recorded in a protocol, one copy of which remains with the bailiff, and the other with the debtor.

If during the inspection it turns out that the debtor does not have things subject to confiscation, or if everything that the bailiffs can describe does not cover the loan obligations, then the money is returned in other ways or partially written off.

Collection is primarily aimed at financial resources. Confiscation of real estate and other property is carried out only if the borrower lacks money. It should be noted that bailiffs can only seize those things that belong to the debtor. Evidence of ownership of a particular property can be checks, contracts and other documents confirming the ownership of a person.

What is not subject to arrest

The arrest procedure does not aim to completely deprive a person of his livelihood and all his belongings. In Art. 446 of the Code of Civil Procedure of the Russian Federation contains a list of property that is not subject to seizure by bailiffs. Let's consider what property the bailiffs do not have the right to confiscate?

Real estate

Owned housing is not subject to seizure if, in addition to it, the debtor does not have any other premises suitable for permanent residence. In addition, bailiffs do not have the right to encumber the land plot on which the house stands, which is the only one suitable for housing for the debtor. In the event that there is only one living space in the property, but a person does not live in it, but rents an apartment, then the bailiffs have the right to confiscate it.

If the defaulter owns several residential properties, then one of them may be seized.

One more nuance: if the debtor is not the sole owner of the property, but is a shareholder, then they will not be able to take away such housing.

Property not subject to seizure does not include collateral. If the lawsuit concerns non-payment of the mortgage, the encumbered apartment will be confiscated.

Equipment

Bailiffs do not have the right to take away the property of debtors, which they need to carry out their professional activities. They also cannot take away things and equipment that children need for school. For example, a computer. The exception is property whose value exceeds 100 minimum wages.

Furniture and household appliances

The task of bailiffs is to describe liquid property. Therefore, they do not take away old furniture, unless, of course, we are talking about luxury items and antiques.

As for household appliances, only those that are considered necessary for normal existence are not subject to seizure. Such equipment could be, for example, a gas stove, washing machine or refrigerator. Equipment for heating premises and resources such as firewood, coal, etc. are also not subject to seizure.

Televisions, microwaves, multicookers and other non-essential appliances may be seized. However, if it is proven that the seizure of this equipment will worsen the situation of the defendant, then the decision of the bailiffs can be challenged.

Agricultural property

For those living in rural areas, agricultural products are often their source of nutrition. Property that is not subject to seizure in this case is livestock, seeds for sowing, animal feed and agricultural products. This rule does not apply to farmers engaged in entrepreneurial activities.

Awards

State awards, medals, orders and other insignia are not confiscated from debtors. If this type of property was not originally the property of a person, but was passed on to him by inheritance, then FSSP employees have the right to confiscate it.

Personal items

Seizure cannot be imposed on clothing, shoes, food, personal hygiene products, dishes, interior items, medicines, as well as items that are necessary to support the life of a disabled person, for example, a wheelchair. Bailiffs also cannot seize religious paraphernalia: books and icons.

The vehicle refers to the property that is being seized. However, if the car is needed due to disability, then the bailiffs will not touch it. Luxury items and jewelry can be confiscated if their value exceeds 100 minimum wages.

Pets

Property of spouses

Can bailiffs seize the debtor's spouse's belongings? On the one hand, all property of spouses acquired during marriage is considered jointly acquired property by law. Therefore, if the debtor is not able to pay off the loan, then collection will be made at the expense of all the property of the husband and wife. The exception is if one spouse was unaware of his or her spouse's loan. It is quite difficult to prove this fact in court.

Items belonging to relatives

The question of whether bailiffs can take away things owned by close relatives worries many debtors. In this case, it all depends on the circumstances. According to Article 79 of Federal Law No. 229, seizure can only be imposed on things belonging to the debtor. Thus, the property of relatives will not be affected in the collection procedure.

However, there are some nuances here too. If the debtor lives in the same apartment, for example, with his parents, then the bailiffs can confiscate everything that is not prohibited by the code and that is liquid. The problem is this: some things do not have evidence of ownership and it is quite difficult to establish the right to own them. Relatives will have to provide evidence that the seized property does not belong to the debtor.

If a lien was imposed on the property of relatives, then they need to go to court with a claim to remove the encumbrance or write a complaint to their superiors.

Money

According to Article 69 of Federal Law No. 229, some finances cannot be seized. These include:

• insurance money from the pension fund;
• the amount paid as compensation for damage caused to health;
• state and regional benefits for the loss of a breadwinner, for caring for a disabled person, for the purchase of medicines, for the burial of the deceased, as well as maternity capital;
• monetary compensations paid to victims of man-made disasters;
• travel compensation;
• alimony;
• benefits for victims of terrorist attacks and natural disasters;
• the amount is less than the subsistence level;
• child benefits and financial assistance for single parents;
• payment to a large family.

Video - what should not be arrested?

What to look for when arrested

The activities of bailiffs are regulated by the law “On Enforcement Proceedings”. However, this does not exclude employees from making mistakes when inventorying and confiscating property. In order to prevent unlawful actions during collection, you need to know what rights bailiffs have and the procedure for arrest:

• Bailiffs have the right to come to the debtor’s place of residence only at the times established by law - from 6:00 to 22:00.
• The bailiff is obliged to introduce himself, present his identification and the document on the basis of which he intends to make an inventory.
• During the inventory, two witnesses who have no personal interest in the case must be present.
• As a result of the inventory, an act must be drawn up. It must be completed prior to confiscation. After seizure, it is prohibited to compile it. It must bear the signatures of witnesses, the debtor and the bailiff.
• If for some reason the debtor does not want to sign the inventory report, then this decision is recorded in the document with a special note.

If unlawful actions and mistakes of the contractor are detected, the debtor has the right to file a complaint against him to higher management, the prosecutor's office or to the court. Failure to comply with the rules of seizure and inventory is grounds for appeal and return of property.

What to do if bailiffs seize property that is not subject to collection

Often, bailiffs try to collect funds by any means, describing the property of relatives or property that is not subject to collection. Legally illiterate defendants, as a rule, do not even suspect that some types of property are not subject to confiscation. Therefore, many of them allow you to take away even those things that are prohibited by law. This is fundamentally wrong.

If an authorized person has placed an encumbrance on things that are not subject to collection, the debtor has the right to challenge his actions by writing a statement to the head of the bailiff department, to the prosecutor's office, or by filing a lawsuit in court. You can challenge the assessment of things and the employee’s actions within 10 days from the moment the violation was discovered. The application review period is 10 days.

Everyone who is faced with a collection procedure should know the basic laws and regulations on which it is carried out. It is also important to know your rights. The debtor can avoid seizure of property by applying to the court with a request to reconsider the decision and grant payment in installments. The defendant also has the right to challenge the actions of the bailiff if he finds violations.

We hope that our article helped you become more savvy in the field of interaction with the FSSP, and now you know exactly what property bailiffs can describe and what they should leave alone.

The debt of our citizens to credit institutions continues to grow rapidly. At the end of 2014 alone, it was estimated at 652 billion rubles. In addition, many have large debts to housing companies, significant arrears on child support obligations and unpaid fines.

In this regard, bailiffs have a lot of work ahead of them in 2015. They will have to visit citizens in order to voluntarily pay their debts. In order to protect yourself, you need to know what property and debts will not be collected in court proceedings.

Property not subject to foreclosure

In accordance with civil procedural rules, there is a list of property objects that cannot be recovered under. Here are some of them:

• An apartment that is the owner’s only home.
• A plot of land on which a private building is located, the only dwelling suitable for the owner.
• Objects related to household items and personal use.
• A property that is required to fulfill the professional obligations of a citizen who has a debt. For example, if a citizen is engaged in shoe repair, then glue and tools for carrying out entrepreneurial activities will not be taken away.
• Livestock and domestic animals used for personal needs, seeds for sowing crops. The most important thing is that these facilities are not used to conduct business. Cash and food products not exceeding the subsistence level of the person who owes the money and those who are supported by him.
• Means of transport. Medicines and medicines that belong to the disabled debtor.
• Awards in the form of memorable and honorary signs, prizes and state awards.

However, there is property that can be recovered. For example, an apartment purchased with a mortgage is subject to foreclosure. Due to debt obligations to credit institutions, you can be evicted directly onto the street. Even if persons under 18 years of age are registered in your apartment, the bailiffs will still have the right to carry out such eviction. In addition, objects whose cost is over 100 minimum sizes.

Income not subject to recovery

In accordance with the provisions of Article 101 of Federal Law-229 “On Enforcement Proceedings”, there is a list of income that is not subject to recovery. Taking a computer and other household appliances from your apartment and then selling it at auction is considered a red-tape affair for bailiffs. Firstly, you need to pick up these items, and secondly, you also need to sell them. Therefore, bailiffs most often seize bank accounts.

Before proceeding with the seizure of the debtor's income, bailiffs send a request to banking organizations. The credit institution issues a written response to the bailiffs about whether the debtor has an account with their bank. After which the bailiffs can seize the bank account until the debtor pays the funds.

Collection cannot be applied to the following income

• Money that is paid to compensate for damage caused to health or in connection with the death of the breadwinner.
• Money that is paid to people who were injured or injured in the performance of their official duties, as well as members of their families if the above-mentioned persons died.
• Compensation from budget funds in the case of caring for disabled people.
• Cash as alimony, as well as amounts for the maintenance of minor children.
• Payments of compensation established by labor legislation: on the occasion of a business trip, with transfer to another location.
• Amounts of money paid by an enterprise in connection with the birth of a child, death of close relatives, on the occasion of registration and marriage.
• Pensions paid in connection with the loss of a breadwinner, as well as maternity capital funds;
• Monetary compensation for the cost of travel to the place of treatment and back, if such compensation is provided for by federal law;
• Funeral benefit.