The seizure of a bank account is a procedure for deliberate blocking of the client's details, which can be applied if he has outstanding administrative debts. Such measures have recently been officially applied to debtors at the legislative level.
Legal regulation of the procedure
The procedure for the seizure of personal property from the debtor is regulated by the federal law "On Enforcement Proceedings", which allows the arrest (blocking) of the client's bank account with the subsequent seizure of a certain amount of money. The seizure of the details continues until the full repayment of the debt, therefore, in the absence of funds on the account in the required amount, the citizen is obliged to deposit the missing amount to eliminate the debt or pay it in another manner prescribed by law.
The adoption of a measure of compulsory execution against the debtor is carried out by a court verdict or by an order of another body. In particular, to open a production business requires the preparation of one or more documents, including:
- court order or decision;
- performance list;
- a resolution on the recovery of a fine issued by the regulatory authorities (pension fund, traffic police, etc.);
The procedure for withdrawing funds from a bank account
After the initiation of enforcement proceedings, the citizen receives a notification from the bailiffs. The writ of execution indicates the period during which the debtor is obliged to independently pay the fine according to certain details. In case of refusal to fulfill or delay of obligations after five days, the bailiffs begin the enforcement procedure.
The state authorities are aware that most of the citizens keep their money savings in bank accounts. If there is information that the debtor is a client of a certain bank, the bailiffs transfer the order to write off the required amount from the debtor's account to the appropriate organization. Having received such a decision, bank employees are required to write off funds from the client.
An arrest is imposed on the bank account itself, that is, the client will not be able to dispose of it until the debt is fully paid off (only replenish according to the corresponding details). If at the moment he does not have enough funds, they will be written off at the next replenishment of the account. It is worth noting that not only debit accounts, but also credit accounts, as well as bank cards are subject to arrest. And even if the debtor is not a client of any bank, other property can be seized from him as payment of the debt: household items, vehicles and even real estate.
The seizure is removed from the account immediately after the full repayment of the debt. The bailiff conducting the proceedings closes it by sending a writ of execution to the court, which ordered the citizen to pay the debt, and also notifies the debtor and the creditor of the completion of the process in writing.
Withdrawing money without warning
Sometimes situations arise when the debtor finds out that funds were withdrawn from his account without any notification of the start of enforcement proceedings. It also happens that funds are withdrawn with the participation of bailiffs, when the debt has already been fully repaid previously in a different way. In such cases, it is necessary to send a complaint to the bailiff service with the requirement to cancel the existing order and return the illegally withdrawn money to the account.
At the same time, not all personal financial resources of the debtor may be subject to withdrawal within the framework of proceedings. In special cases, a citizen can notify the bailiffs in writing about the special life situation in which he is. In particular, the following shall not be subject to collection on account of a debt:
- funds received to compensate for the harm caused to health;
- survivor benefits;
- benefits for disability and injuries received in the performance of official duties;
- means for the care of an incapacitated person;
- compensation to victims of radiation and man-made disasters;
- compensation for travel to places of treatment and purchase of medicines;
- alimony collected for minor children and paid during the search for the biological parents of the child;
- compensation and travel allowances received in connection with moving to work in another region;
- birth and death benefits;
- parenting allowances and maternity capital;
- compensation for the cost of vouchers and other social benefits provided for by Russian law.
