Confiscation of property that cannot be confiscated for debts. What can bailiffs confiscate? What bailiffs cannot confiscate

Confiscation of the debtor's property is one of the important segments in the field of jurisdiction. Read our article about what confiscation is, its signs and procedure, how the law on confiscation regulates the rights and obligations of debtors.

Confiscation of property is the forced and gratuitous alienation of property, which is one of the secondary types of punishment within the framework of administrative or criminal liability. Confiscation of property is carried out regardless of the will of the person who committed the criminal act, and subsequently does not entail any financial obligations for payment. The procedure for confiscation is regulated by Article 104.1. Criminal Code of the Russian Federation and Article 235 of the Civil Code of the Russian Federation. If the confiscation procedure takes place within the framework of family law and involves the responsibility of the spouses, the articles of the RF IC are applied. Main purposes of confiscation:

• compensation for damage caused as a result of the alienation of funds resulting from criminal or terrorist activities;
• stopping the process of accumulating funds that were obtained as a result of illegal activities;
• exclusion in the future from carrying out socially dangerous acts in connection with the confiscation of the subject of the crime.

Confiscation of property: grounds, signs and conditions for the procedure

In criminal and administrative legislation, confiscation of property acts as an additional penalty. In total, the Criminal Code of the Russian Federation provides for more than 70 grounds for punishment with confiscation of property, including: murder, human trafficking in narcotic drugs, terrorist activity and others. The main condition for such a measure as confiscation of property is the legality of the procedure, that is, it must clearly comply with all the norms and requirements of the current legislation. All property subject to confiscation becomes the property of government agencies and is subsequently put up for sale at public auction. However, there are exceptions here - cases where a citizen who has committed a criminal act is subject to a number of certain obligations (compensate for moral or material damage, carry out a loan). Confiscation, as an additional penalty, is applicable to both individuals and legal entities, and can represent complete, partial or special alienation of property. The main signs of confiscation are:

• lack of independence;
• compatible with any preventive measure;
• is not an alternative to punishment;
• is recognized as a preventive measure;
• contributes to the restoration of social relations.

What may be subject to confiscation?

The list of property subject to confiscation includes:

• movable property - cash, luxury items, jewelry, household appliances and other property that was obtained as a result of committing a criminal act, conducting terrorist activities, illegal transportation across the border;
• real estate - residential and commercial real estate, including land plots, apartments, houses and more.

Real estate that is the only home for the person who committed the crime and his family members cannot be confiscated. A plot of land cannot be confiscated if there is a house on it, which is the only place of residence for the guilty person and his family members. In other cases, the land is alienated in accordance with the general procedure and subsequently sold at auction.

If a penalty with confiscation of property is imposed on one of the spouses, he is liable with all his property, in particular, the share that would have belonged to him during the division. If there are insufficient funds to pay the debt in full, confiscation, as a penalty, is applied to the property of the second spouse. According to Art. 45 of the Family Code of the Russian Federation, both spouses bear joint liability for the property of each.

Confiscation of property for loan debts

The legislation pays special attention to the alienation of real and movable property for unfulfilled loan debts. According to the norms of administrative law, confiscation of property is one of the penalties that is applied for failure to fulfill personal obligations, in particular, in case of non-payment of funds to repay a loan from a banking organization. In this case, confiscation of property for debts is carried out by bailiffs on the basis of a court decision in the presence of a writ of execution and is subsequently sold at auction for the sale of the debtor's property.

Important! A person whose property has been confiscated has the right to return it after paying the debt within 5 days after the confiscation procedure. If the bank does not receive funds to repay the loan debt, the property is transferred to bailiffs, put up for sale and sold at a price not lower than the market value.

Property that can be confiscated to pay off a debt: jewelry made of precious metals and stones, cash, vehicles, luxury items, household appliances, and real estate. The procedure for confiscation of property for loan debts is carried out on the basis of a writ of execution and subject to the following conditions:

1. Confiscation of property by bailiffs can only be carried out in relation to those items of property that are indicated in the writ of execution.
2. It occurs in advance, excluding the possibility of selling or transferring property to third parties.
3. At the end of 5 days after the procedure, the confiscated property is transferred to the disposal of government bodies that have the right of recovery.
4. A prerequisite is the drawing up of an alienation act and an inventory of the confiscated property in the presence of two witnesses.

It is worth noting that the law on confiscation of property provides a special procedure for the seizure of funds and bank deposits. To carry out the procedure, the bailiff, acting within the framework of the criminal procedure or administrative code, must have at his disposal a conclusion that indicates the court decision and details for transferring funds to repay the debt. The executive authority applies to the banking organization with this document. Within the specified time, all funds belonging to the guilty person (debtor) must be transferred to the bank account. In accordance with the Civil Code of the Russian Federation, the following property of the debtor cannot be confiscated for credit debts:

• funds and material assets received through the conduct of legal activities, to which funds received as a result of criminal acts were subsequently included;
• funds in the amount of the subsistence minimum established by law;
• funds received when issuing a certificate for;
• personal belongings of the perpetrator and his family members - clothes, shoes, food, children's toys and other property that are necessary items for constant use;
• property that is the property of another person, but is in temporary use by the offender;
• furniture and items used for heating the room and cooking;
• prizes and awards;
• items and equipment that are the only source of income for the offender and his family members;
• an apartment or house that is the only place of residence for the offender and his family members, as well as the land plot on which this residential property is located.

The consequence of confiscation of property for debts is its sale at auctions. The rights to confiscated and sold property are transferred to third parties on the basis of a purchase and sale agreement; accordingly, it will be impossible to return confiscated items in the future.

Illegal confiscation of property: consequences, return procedure

Confiscation of property for debts on loans is a legal procedure that requires compliance with the current legislation, and in case of violation, the person whose property was illegally confiscated has the right to file a claim in court for the return of the confiscated property. Violations of the law on the basis of which confiscation of property may be considered illegal:

• lack of a court decision from the executive authorities;
• lack of written permission from the district bailiff to carry out the property seizure procedure;
• absence of witnesses during the confiscation procedure;
• an incorrectly drawn up inventory of property subject to confiscation;
• failure to comply with deadlines and time for the confiscation procedure.

Confiscation of property can be carried out only on weekdays, the procedure time is from 6.00 to 22.00.

Important! Bailiffs do not have the authority to search the debtor's apartment!

For illegal actions, the bailiff may be held criminally liable in accordance with the provisions of Art. 312 of the Criminal Code of the Russian Federation. The consequence of illegal confiscation of property is a review of the court decision, and as a consequence, the return of the confiscated property, if it has not yet been nationalized. If it is impossible to return the property, its owner is paid monetary compensation in an amount corresponding to the value of the illegally confiscated property. The value of the property and the amount of payment are determined by the financial department of local authorities and the municipal government. The procedure for returning property begins with the filing of an application by a citizen whose property was confiscated illegally. Depending on the content, the application can be written on:

• return of confiscated property;
• return of funds as compensation for property if it has already been sold.

The application is submitted by the citizen personally to a special commission at the location of the department for the sale of confiscated property. In the event of the death of the owner of the seized property, the return of the property or its value is returned to persons who have the right of inheritance under a will in accordance with the norms of current legislation. Please note that in this case there is no requirement to pay personal income tax. The return of property or compensation for its value that was seized illegally is made at the place of registration of the citizen at the time of execution of the revised court decision, regardless of where the citizen currently lives.

Important! Positive decisions on the return of illegally confiscated property that were made by government agencies are not subject to further revision. All disputes related to the return of alienated property are considered in court. The period for consideration of a claim for the return of illegally confiscated property is no more than 6 months.

The list of property that is not subject to return or compensation in any case:

• property, including residential and non-residential real estate, owned by municipal authorities on the basis of legislative acts that were in force at the time of confiscation;
• property damaged or destroyed during hostilities, as a result of natural disasters and catastrophes;
• property withdrawn from civil circulation.

Problem

The bailiff came home and said that in a month he would come to inventory the property. He said that he would describe everything, even the sofa, cabinets, etc. 1. I am not the owner, but only registered. 2. A tenant lives in the second room, how can he protect his property? 3. What exactly can bailiffs describe? (Closets, bed, sofa, TV, etc.) 4. If there is a document that the equipment was purchased by the parents and there is their signature and name on the warranty card, can these things be taken away?

Solution

Hello, Pavel!

In your situation, it will be useful to know what property bailiffs cannot seize; here is a link to the article of the Civil Code of the Russian Federation, as well as the collected material.

Article 446 of the Code of Civil Procedure of the Russian Federation quite popularly describes all types of property owned by a person, for which recovery is not carried out according to executive documents. Let us consider in detail what property bailiffs cannot seize:

Any prizes, honorary insignia and awards issued by the state.

Vehicles and other property that a disabled debtor cannot live without in everyday life.

Fuel. If a person uses it to heat their home during the heating season or prepare food for their family.

Cash and products. The amount of cash and the cash equivalent of food products must be no less than the minimum subsistence level established in the region for the defaulter and his dependents.

Seeds for the next sowing.

Livestock and poultry, bees, rabbits and other animals, as well as their feed and outbuildings not used for the purpose of conducting business activities.

Any property the purpose of which is a person’s professional activity. As an exception, items with a cost exceeding 100 times the minimum wage are included.

Furniture, household appliances and other home furnishings, as well as shoes and clothing. Exceptions are jewelry and luxury items.

Residential premises/parts of these objects and the plots of land on which they are located. It is important that such a residential property must belong to the defaulter and be the only place for his family to live. An exception (Federal Law No. 229 “On Enforcement Proceedings”) is collateral (for example, a mortgaged apartment pledged to a banking organization).

If the amount of debt is less than 3 thousand rubles, then the arrest is not made.

So, they cannot take away from you:

1. Household items. These are those things that you cannot do without every day (shoes, clothes, food, etc.). It should be noted here that the law in this matter is not perfect. Due to the fact that there is no clear list of household items, the bailiff may describe your washing machine, microwave oven and other household appliances. They just consider these luxury items that can be seized. However, if you think these are things you need on a regular basis, take legal action. It's free and most likely you will be at least partially satisfied.
2. Property that is an integral part of your income. For example, if you are a taxi driver, then they cannot take your car away, or if you earn money using a computer and can prove it, the bailiff cannot seize it either.
3. Draft animals, poultry, bees, if they are not part of your business activity. That is, if you do not sell it, but use it as a personal property.
4. Living space if you have nowhere to live.
5. Property needed debtor bailiff due to his disability, including a specialized car.

If the debtor of the bailiff does not live alone

If the debtor of the bailiff does not live alone in the apartment, then you should clearly separate your property from the property of your cohabitants. That is, it is better that for the equipment that is in the house, but not purchased by you, there are documents or a guarantee that indicates the name of your cohabitant as the owner.

If you live with your spouse, then only part of the property belonging to the debtor of the bailiff can be seized. If you have two TVs in your house, only one can be taken away; if there is one washing machine and one computer, since they cannot be divided in half, only one can be taken away. But this should not contradict the list of things that cannot be confiscated.

You must know that the bailiff is obliged to notify the debtor of the visit. However, the bailiff is not required to verify that you received the notice.

What is prohibited to a bailiff

1. The bailiff can only appear from 6 a.m. to 10 p.m.
2. Even at this time, the bailiff does not have the right to appear at the debtor’s place if:
   • it threatens the health and life of the bailiff debtor;
   • if the debtor fulfills the requirements of judicial enforcement proceedings;
   • the debtor has the court's permission to defer.

Also, you should know that foreclosure on the debtor’s property consists from his arrest (inventory), seizure and forced sale of property.

Arrest, i.e. inventory of property takes place in the presence of two witnesses. The period of seizure is determined by the bailiff. After arrest, the debtor has no right to carry out any manipulations with this property. Usually, this is done to ensure that the debtor pays off the debt. It happens that either the seized property is left on the territory of the debtor, or sometimes the bailiffs seize it for storage. The act of arrest is drawn up in two copies, one is handed over to the debtor against signature. There may be a third act if the property is transferred for storage somewhere.

Seizure of the debtor's property for the purpose of its further transfer for sale is carried out under an act of seizure of seized property. Just like acts of inventory and seizure of property, an act of seizure of property must be drawn up in the presence of attesting witnesses and signed by attesting witnesses.

Solution

Good afternoon

You write: “The tenant lives in the second room, How can he protect his property?

If the bailiffs come to your apartment and seize the property that is in the apartment, then he will need to apply to the court with an application to exclude the property from the inventory and lift the seizure. However, not all property can be seized. And in court it is necessary to prove that the seized property belongs to him or perhaps to someone else, but not to the debtor. But it’s better not to let things get to this point. As soon as possible, go to court and file a claim to remove this person from registration.

Solution

Hello Pavel,

As for the legality of the actions of the IRS,

in this case, bailiffs can enter the apartment and describe the property, since, according to registration, the debtor will live there. And registration at the place of residence, according to current legislation, is a place of permanent residence, regardless of the ownership of residential premises. And the place of residence requires the presence of personal belongings in the premises. And if this does happen and the bailiffs make an inventory of the property in the apartment where the debtor is registered, then if this seized property contains property that belongs to other persons, they will need to file a claim in court to release the property from seizure and exclusion from the inventory. Of course, checks and witness statements will be suitable for them to prove ownership of the property.

Tell me, does the owner have a rental agreement for residential premises with the tenant, which states that the residential premises are provided without furniture and equipment?

As for the inventory of property itself,

The procedure for foreclosure on the debtor's property is described in Art. 69 Federal Law "On Enforcement Proceedings", according to which:

Execution of the debtor's property according to executive documents applies primarily to his funds in rubles and foreign currency and other valuables, including those located in accounts, deposits or deposits in banks and other credit organizations, with the exception of the debtor's funds located on collateral, nominal, trading and (or) clearing accounts. The debtor's funds in foreign currency are levied in the absence or insufficiency of funds in rubles.

In the absence or insufficiency of funds from the debtor, foreclosure is applied to other property belonging to him by right of ownership, economic management and (or) operational management, with the exception of property withdrawn from circulation and property that cannot be applied to in accordance with federal law recovery, regardless of where and in whose actual possession and (or) use it is located.

According to the provisions of Art. 446 of the Code of Civil Procedure of the Russian Federation, recovery under executive documents cannot be applied to the following property owned by a debtor citizen:

residential premises (parts thereof), if for the debtor citizen 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 on it in accordance foreclosure may be subject to mortgage laws;

(land plots on which the objects specified in paragraph 2 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), with the exception of jewelry and other luxury items;

property necessary for the professional activities of a debtor citizen, with the exception of items the cost of which exceeds one hundred minimum wages established by federal law;

used for purposes not related to business activities, breeding, dairy and working cattle, deer, rabbits, poultry, bees, feed necessary for their maintenance before pasture (going to the apiary), as well as outbuildings and structures necessary for their maintenance;

seeds needed for the next sowing;

food and money for a total amount not less than the established subsistence level of the debtor citizen himself and his dependents;

fuel necessary for the family of a debtor citizen to prepare their daily food and heat their living quarters during the heating season;

means of transport and other property necessary for the debtor citizen in connection with his disability;

prizes, state awards, honorary and memorable signs awarded to a debtor citizen.

What can bailiffs confiscate? Almost everything. Article 446 of the Civil Code specifies exactly what things and what property cannot be used for collection. But, so that everything falls into place, we need to explain the issue in more detail.

What exactly can bailiffs confiscate?

The actions of the bailiffs begin from the moment when they receive a court decision that has gained legal force. After receiving such a decision, the bailiffs open enforcement proceedings. The debtor gets the opportunity to pay off the debt independently without penalties. A notice is sent indicating the amount of the debt, as well as data - details and deadlines within which the debtor must pay the funds.

If the debtor does not respond to the bailiffs’ offer to compensate the debt on their own, then the collection process begins. Initially, bailiffs are based on the amount of debt. Inquiries are sent to all banks regarding the availability of a deposit or personal account. If there are such accounts, then in this case they are seized.

It must be said right away that a penalty cannot be imposed on funds defined as maternity capital, as well as on funds that the state transfers for the upbringing and maintenance of a child.

Next, the availability of property is checked. If an apartment is registered to a person, then it is also seized. This does not mean that the apartment will be forcibly sold, but until you pay the debt, it will remain under arrest.

What property is not subject to foreclosure?

At the same time, property in the form of residential premises cannot be recovered if it is the only premises suitable for living. Also, land plots and household furnishings and household items cannot be recovered. Personal items are also not confiscated. At the same time, jewelry and other luxury items fall under the collection clause.

Property that is the basis of a citizen’s earnings cannot be seized, and property related to business activities cannot be confiscated. Food products and supplies, fuel that is necessary for cooking and heating the premises, and means of transport cannot be described if the person has a disability. State awards and prizes, memorable and honorary insignia are not described.

In principle, any other property can be described and seized. If by mistake the bailiffs described property that does not belong to the debtor, then the seizure can be lifted only through legal proceedings.

If you receive notice of the opening of enforcement proceedings, you need to react immediately. It is better to contact a lawyer and find out what consequences this proceeding has and how to exclude an inventory of property.

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After the dialogue between the borrower and the bailiff begins and provided that the debtor refuses to voluntarily repay the loan, the enforcement proceeding moves to the next stage - the process of forced seizure of property begins. We will tell you what a bailiff can confiscate, and how the seizure procedure takes place, and we will also dwell in detail on the moment of foreclosure on wages. Despite the fact that bailiffs have many rights, they often exceed their official powers: debtors must know what is strictly prohibited to the executor, so as not to fall for his “bait.”

Confiscation of property: do not let the bailiff go beyond the legal framework

Even before the expiration of the period given to the borrower for voluntary repayment of the loan, the bailiff has the right to seize his property. According to Art. 59 of the Federal Law “On Enforcement Proceedings”, the inventory of property and seizure must take place in the presence of witnesses. Subsequently, the seized and described property can be seized and sold. First of all, the recovery is applied to the funds held by the debtor in the accounts or in cash. If there are not enough funds, the bailiff can foreclose on other property. In this case, the debtor has the right to indicate the property that should be foreclosed on first (the bailiff is obliged to consider this application and make a decision on it).

In the process of performing the enforcement actions described above, bailiffs often make mistakes. The first violation that almost all bailiffs commit is an attempt to seize property without warning. Remember: the bailiff can come for a conversation at any time from 6 am to 10 pm, but he must notify the debtor in advance of his intention to confiscate property, announcing the date and place of the confiscation. If the bailiff did not do this, you can file a complaint against him with the enforcement service within 10 days.

The second common violation concerns the list of seized items. Not all property owned by the debtor can be sold to pay off the debt. The list of “inviolable” things is established by Article 446 of the Civil Procedure Code of the Russian Federation. In particular, they cannot take away from you:

• Household items - shoes, clothing, food, etc., excluding jewelry, jewelry and luxury items.
• Property you need to carry out your professional activities. Thus, taxi drivers cannot have their car taken away, musicians cannot have their instruments, etc.
• Residential premises, if for you and your family members living with you in this premises, it is the only place suitable for permanent residence.

The exception is apartments and houses that are collateral for a mortgage loan - they can be foreclosed on, according to the mortgage law.

• Plots of land on which a house is located, which is the only suitable place of residence for the debtor and his family members.
• Livestock, poultry, bees, etc., if you raise them not for sale, but for personal purposes.
• Food and money in an amount not exceeding the subsistence level of the debtor and the members of his family whom he supports.
• Property necessary for a disabled person (stroller, etc.).
• Prizes, state awards, etc.

A controversial issue is the seizure of household appliances - microwave ovens, washing machines, etc. These things can be classified as “household items,” but bailiffs often confiscate them, citing the fact that a person can easily live without them, that is, these are luxury items. You can fight illegal seizure with the help of the courts: you have the right to challenge the actions of the bailiff and, as practice shows, this will have an effect.

It is also important to understand shared ownership. The bailiff is obliged to separate the debtor's property from the property of family members living in the same premises. For example, if the name of the debtor’s wife is written on the warranty card for a washing machine, the bailiffs will not be able to seize it.

After the seizure of property, preparations begin for the process of its sale, carried out by specialized organizations. One of the implementation options is sale at auction. The starting price of the debtor's things should not be lower than their value indicated by the bailiff in the inventory (usually the average market price).

In addition to the arrest, seizure and sale of property, bailiffs have the right to convert

What can bailiffs take for credit debts? They won’t take anything, at least not on their first visit. They will only describe the property that the debtor will have to keep for himself. The inventory list includes almost everything, except for a certain category of things, which include: food products that do not exceed the cost of the minimum wage, children's things, things of third parties located in the debtor's apartment, a refrigerator and a stove, if they are in a single copy, etc. d. If the client does not pay the money within 10 days after the inventory, the bailiff may initiate a procedure for the collection and subsequent sale of the described property.

What law regulates the activities of bailiffs in Russia?

The activities, standards of conduct, powers and other duties of bailiffs are described in Federal Law No. 118 of July 27, 1997 “On Bailiffs”.

There is also Federal Law No. 229 of October 2, 2007 “On Enforcement Proceedings”. The law regulates the powers, rights and obligations of representatives of this executive body, which does not prevent the debtors themselves from familiarizing themselves with it. In this case, they will be able to learn about all the nuances of the collection procedure, about the authorized and unauthorized actions of the bailiff, and will be able to protect themselves in the event of unpleasant or controversial situations.

The process of debt collection through bailiffs

It all starts with the fact that the creditor, who has won in court, brings a writ of execution to the bailiff office of the district in which the debtor is registered.

After making sure that the writ of execution does not contain errors and complies with the law, the bailiff accepts it for execution and begins the proceedings. A new enforcement proceeding is opened in the name of the borrower in the FSSP database.

After this, the bailiff sends the borrower a letter (regular, not registered) via Russian Post with a resolution to open enforcement proceedings in his name. Such a letter sets out the reason for opening an individual entrepreneur (a judicial act on the collection of overdue debt), explains the rights and obligations of the debtor, etc. The bailiff also gives the client a 5-day period after receiving the letter, during which he must appear at the FSSP office in his city.

If the borrower ignores the letter and does not arrive within 5 days, the bailiff issues a decision to seize the borrower’s accounts in the country’s largest banks: Sberbank, Rosselkhozbank, VTB-24 and others. Requests are not sent to all banks. For example, bailiffs do not send orders to seize accounts to Home Credit or Tinkoff.

Accounts will be frozen for the amount of debt under the writ of execution + 7% of the amount - to the bailiffs. The fact is that if the debtor does not voluntarily repay the entire amount of the debt within the established period without good reason, the bailiff has the right to issue a resolution imposing an additional fee in the amount of 7% of the amount of the debt. This is regulated by Article 81 of the Federal Law “On Enforcement Proceedings”.

If the client ignores the seizure of bank accounts, does not come to the bailiff department, does not agree on an installment plan, etc., then the bailiff can initiate a visit to the borrower’s place of registration. As a rule, it is the bank representative who insists on such visits, because the bailiff himself has enough other matters related to the collection of alimony.

The bailiff arrives accompanied by a bank representative and 1-2 employees. On the spot, a representative of the executive branch inspects the property located in the apartment and makes an inventory of valuable things that belong specifically to the borrower and are not on the list of prohibited items for seizure.

A property inventory is simply a listing of things on paper that can later be repossessed for subsequent sale and the use of money to pay off debt.

The inventory means that things remain in the borrower’s apartment for storage. He can continue to use them, but at the same time he cannot sell, give away, donate, spoil, etc.

On his first visit, the bailiff simply describes the property, and does not take it away. He also conducts an explanatory conversation with the borrower, finds out why he is not making contact, etc.

The inventory of property takes place in the presence of witnesses. There must be at least 2 people. These can be the debtor's neighbors or any third parties. If, after taking an inventory of the property, the debtor begins to slowly pay off the debt, the bailiff will no longer come to visit.

If the borrower continues to renounce the debt, then within 3-6 months you can wait for the bailiff to arrive again, but in order to pick up all the previously described property and put it up for auction.

How to avoid the arrival of bailiffs at your registration address?

Agree that it is not very convenient when bailiffs come to your home, walk around your neighbors and inventory your property. There is a scenario in which the client can avoid the arrival of the bailiffs. To do this, you need to go to the FSSP office in your city immediately after receiving a letter with a decision to initiate enforcement proceedings.

The borrower needs to make contact with the bailiff, show that you are interested in repaying the debt and are not hiding, it’s just that your financial situation does not allow you to repay the entire amount at once. Bailiffs are people too and understand everything perfectly.

At the department, the debtor needs to write a statement addressed to the head of the FSSP stating that he cannot pay the entire amount of the debt at once for a good reason. For example, lack of work, lack of official income, being dependent on young children, acquired status of a low-income family, etc. The application must indicate the feasible amount that the debtor will pay monthly and guaranteed to pay off the debt.

If the debtor fulfills the promises specified in the application, the bailiff will not seize the accounts and will not come to the registration address to take an inventory of the property.

This option is suitable if there are good reasons. If the borrower has a normal job with a good salary, then the only thing that can be agreed upon with the bailiff is to collect 25-50% of the monthly salary to pay off the debt.

When can the bailiffs arrive?

Federal Law No. 229 “On Enforcement Proceedings” strictly regulates the time frame for visits to debtors by bailiffs at their permanent registered address. According to Article 35 of the mentioned federal law, bailiffs can come to the debtor’s residence/registration address only on weekdays. That's the network, from Monday to Friday. Weekends and official holidays are not included in this list.

Visiting times are also regulated. The bailiff can arrive between 06:00 and 22:00 local time. Visiting at other times is illegal. If the debtor knows in advance about the day the bailiff will arrive, he can offer him a convenient time for the visit.

What can bailiffs describe in the debtor’s apartment?

The descriptions are subject to:

1. Luxury items (antiques, paintings by famous artists, things of cultural and artistic value, etc.)
2. Jewelry and jewelry made of precious metals
3. Household appliances that a person can do without (microwave oven, toaster, food processor, mixer, multicooker, juicer, etc.) Appliances available in 2 quantities. For example, if the borrower has 1 stove, the bailiffs will not be able to pick it up because it is on the list of things not subject to seizure. If the debtor’s apartment has 2 stoves or 2 refrigerators, the bailiff can take away the second similar item. The executor will choose the more expensive option, leaving the debtor with a cheaper and older item.
4. Pedigree pets (dogs, cats, etc.) if conditions for their maintenance are available.
5. Money is subject to seizure in excess of the minimum subsistence level for the debtor and 3 dependent persons. That is, the bailiffs must leave the amount of the minimum subsistence level for the debtor and his children (if any), and the rest can be taken away.

Bailiffs can seize a car, a summer cottage, any buildings on it, a garage, greenhouses, etc.

What can't bailiffs describe?

The same Federal Law No. 229 “On Enforcement Proceedings” regulates the debtor’s property, which can and cannot be foreclosed on. Based on the terms of Art. 79 of this law, the bailiff can describe any property of the debtor (namely the debtor), with the exception of:

• Residential premises or part (share) thereof, if for the debtor it is the only premises suitable for living. This means that the bailiff will not be able to seize your only apartment. If you have 2 apartments, or an apartment and another share in another apartment, or a house and an apartment, then the bailiff has the right to seize one of the premises. This clause applies provided that the foreclosure is not on a mortgage loan. If the apartment is pledged under a mortgage and is the only home, then it may be foreclosed on for the debt in the same bank.
• Property that a debtor needs to perform work. For example, if the borrower works as a web designer, writes articles, etc., the bailiff cannot take away his work computer. The exception here is property worth more than 100 minimum wages (minimum wage). The minimum wage in Russia in the second half of the year is 7,800 rubles.
• Personal belongings of the debtor (clothes, shoes, with the exception of collectibles, branded expensive items)
• Personal care products
• Any state and sports awards, prizes, awards, badges of honor, etc.
• Objects of religious culture (icons, church books, etc.)
• Children's things (scooter, bicycle, stroller, crib, etc.) items that a child uses. For example, if a child goes to school and uses a computer or laptop to do homework, then the bailiffs cannot seize these things.
• Household appliances necessary to satisfy basic human needs (refrigerator, stove, etc.) If there are small children in the house, then, upon application, the debtor can remove the seizure from the washing machine, citing the fact that washing children's clothes by hand is quite difficult, etc. d.
• Livestock and poultry (deer, rabbits, goats, cows, chickens, etc.) used not for business purposes, but for family needs. The list also includes feed, buildings and other things necessary for maintaining livestock.
• Seeds needed for the next sowing
• Food and money, which in total will amount to at least the established minimum subsistence level for the debtor himself and the persons who are dependent on him. That is, the bailiff can only take food and money in excess of the subsistence level for the debtor and other persons dependent on him. Well, for example, the cost of living in the region is 10,000 rubles. The debtor is dependent on a young child, for whom the subsistence minimum is 11,000 rubles. The total for two is 21,000 rubles. If the debtor has food and money in the apartment totaling 35,000 rubles, then the bailiffs can only take 14,000 of them, and must leave 21,000 rubles.
• Fuel (wood, gasoline, etc.) that the debtor needs for cooking and heating his living space.
• Means of transport or other things necessary for the debtor in connection with his established disability. For example, the bailiff cannot take away a wheelchair or crutches, a car that a disabled person uses every day to get to the clinic or to work, etc.

The bailiff can seize all other things and subsequently foreclose unless the borrower proves that these things belong to another person, for example, other members of his family. This can be proven with the help of checks, guarantee coupons, documents on trade credit for another person, etc.

Usually the described things remain with the debtor, but in some cases they can be confiscated and sent for storage to the organization with which the corresponding agreement was concluded. This happens if there is reason to believe that the described property may be damaged, alienated, wasted, hidden, etc.

Only the bailiff can determine the storage order at his own discretion. If he leaves things in the debtor’s apartment, he must warn him of possible criminal liability under Art. 312 of the Criminal Code of the Russian Federation for improper storage.

How is the debtor's property valued?

The debtor's property, which the bailiff describes on the spot (in the apartment), is subject to an approximate assessment directly by the bailiff, if the approximate estimated value of each item does not exceed 30 thousand rubles. That is, the bailiff is authorized to independently name the estimated value of each item described: washing machine, TV, computer, etc.

When it comes to more expensive things (an apartment, securities, a set of upholstered furniture made of genuine leather, objects of art, fur products, expensive designer jewelry, etc.), then within 1 month from the date of inventory of the property the bailiff must attract for a formal appraisal by a chartered appraiser.

The bailiff may allow the debtor to independently sell the seized property if its estimated market value does not exceed 30 thousand rubles and there is no dispute about its value. Having sold the seized item, the debtor must deposit funds into the bailiffs account within 10 days to pay the debt.

If the client does not agree with the bailiff’s assessment of his property, he has the right to write a statement addressed to the head of the FSSP, or go to court to appeal the bailiff’s decision on the assessment of the property within 10 days after the issuance of such a decision.

Upon expiration of the specified period, the bailiff begins to prepare documents to transfer the property for sale.

Let me remind you that all this happens if the debtor and the bailiff were unable to reach a compromise on the planned voluntary repayment of the debt in reasonable installments.

How is the described property taken?

If within 10 days after the inventory of property the debtor does not receive payment or an application to appeal the decision, the bailiff begins to prepare documents on the seizure of the seized property and transferring them for sale. When all the documents are ready, the bailiff transfers them to a special department that checks the submitted papers. If they meet all the standards, the package of documents is sent to the Federal Property Management Agency, and the seized items are confiscated from the borrower and sent for storage to the contractor.

Is it possible to return property if money appears?

Of course, it is possible if the property has not yet been sold. That is, if it has not yet been sold. Until then, the borrower can pay his debt and take back all his belongings. To do this, you need to pay the entire debt and bring a receipt for payment to your bailiff. After making sure that the money has been received, the bailiff will cancel the order to collect the debt and seize the property. Thus, the client will be able to return his property back.

If a buyer is found for the seized property put up for auction and pays the specified price, it will no longer be possible to return your property. Unless you come to an agreement with the new buyer and draw up a purchase and sale agreement.

How to protect property from seizure?

If you live in an apartment with relatives who bought some furniture or equipment or other property with their own money, ask them to prepare checks, warranty cards, or documents for trade credit and other papers proving that the things were not purchased by you.

In this case, the bailiff will not be able to describe the property belonging to other persons who are not debtors in enforcement proceedings

Then all that remains is to protect your property from seizure. Immediately weed out things that the bailiffs cannot seize by law: for example, items that the client needs for work (computer, telephone, printer, etc.), as well as a stove and refrigerator, children's things.

There are several ways to save the remaining property that is subject to inventory from seizure. The first is to take all the valuables to the dacha or transfer them to acquaintances, friends, etc. This option is suitable if you know exactly the date of arrival of the bailiff. Otherwise, it would be stupid to transport items of permanent use (washing machine, TV, refrigerator, etc.) for an indefinite period of time to the dacha.

The second option to “hide” property is to draw up an agreement for free use. To use this method, the debtor needs to enlist the support of third parties. These could be friends, relatives, neighbors, etc.

The essence is simple: the debtor and the third party retroactively (preferably before the decision on the commencement of enforcement proceedings) enter into an agreement for the gratuitous use of property, according to which the third party transfers certain things to the debtor for use. Such an agreement must include the names of things, their detailed description, or an attached photograph. It is filled out by hand and does not require notarization. All. Thanks to such a piece of paper, the debtor will save his property by presenting it as the property of a third party.

When the bailiffs arrive, he needs to show him an agreement for the storage of these things, concluded with one or more people, for each thing or for all at the same time. It all depends on your imagination. Similarly, you can draw up a storage agreement.

Many people are concerned about whether a third party, with whom a storage or free use agreement has been concluded, will check the bailiff. Many are worried that the bailiff will ask these individuals for receipts confirming that the item was purchased by them and belongs to them. There is nothing to worry about; the bailiff has no right to address such questions to any persons who are not debtors under the individual entrepreneur.

Another way to “hide” property from the bailiffs is to enter into a gift agreement. This option is most often used in the case of real estate, cars or other valuable items. The borrower draws up a donation agreement through a notary, but continues to use his belongings. After the conclusion of the contract, the item becomes the full property of the person to whom you give it, but you can continue to use it. This option is suitable if in your circle of friends there is a person whom you trust enough to transfer an apartment, car, etc. to his name.