Can bailiffs seize a salary card? Can bailiffs seize a salary card? Powers of bailiffs If without a court decision

If you have not paid utility bills for a long time or have not repaid a loan from the bank, bailiffs may decide to seize your salary card.

Many people believe that according to the law, salary accounts cannot be seized. But in fact, a court decision to seize the card does not violate the law.

The law provides for the following procedure for seizing a salary account:

1. The court makes a decision on that a citizen is obliged to pay debts.
2. Bailiffs send a writ of execution to the client’s bank.
3. The bank blocks the card.

According to the law, bailiffs have the right to withdraw from your account no more than 50% of your salary for the last month (in some cases up to 70%), but the funds that remain in the account from previous months can be written off completely.

There are several reasons why your salary card may one day be blocked, namely:

1. Your card scammers wanted to take advantage of it, but the bank blocked it in order to save your money.
2. You have debts for utility bills.
3. You are not paying child support correctly.
4. You haven't paid the fine.
5. You have a huge debt on loans.

What to do if the bailiffs seized your salary card?

Lawyers offer at least 5 ways to solve the problem:

1. Meet with the bailiffs. Before the meeting, you need to find out from the bank the reason for the arrest. Don’t forget to also take a certificate stating that the bailiffs blocked your salary card. Next, go to the bailiffs to write a statement asking to remove the arrest from the card. Of course, if you are burdened with debt, then half of your salary will be transferred monthly to the bailiffs’ account until the debt is completely repaid.
2. Agree with your superiors. If you don't want to meet with bailiffs, try to negotiate with your employer to receive the money you earn in cash.
3. A bow to the creditor. The garnishment on your wages may be removed if the creditor withdraws its claim. But for him to do this, you will have to meet with him and at least partially repay the debt.
4. A lawsuit. If you do not want to negotiate with either the bailiffs or the creditor, you can appeal the amount of monthly deductions only in court. It is clear that this option is suitable only for those for whom salary is not the only source of income.
5. Pay off debts. Paying off all debts is the easiest way to solve the problem. When the entire debt amount has been paid, the bailiffs will send a notification to the bank with a request to unblock the card.

How to remove an arrest?

The seizure is removed from the card only if the court or bailiff provides the bank with a decision to cancel it.

If the deadline for canceling the arrest is delayed, you have the right to write a complaint to higher authorities:

• territorial department of the prosecutor's office;
• regional SSP;

You can file a complaint:

1. Personally take it to the authority office.
2. Send by registered mail.

According to the law, the period for consideration of a complaint is 30 days. After this time, a written response will be sent to you.

How to avoid card seizure?

Bailiffs are increasingly issuing orders to seize cards.

But you may not be one of these “lucky” ones if:

1. Tell the bailiffs the address of your work. In this case, the bailiffs will send a writ of execution to your employer, and he will transfer half of the salary to the creditor’s account every month until the debt is fully repaid. In this case, your salary card will not be blocked.
2. Negotiate with the bailiffs so that they take property for debts.
3. Borrow money from friends or friends and pay off all debt.

Very often, bailiffs write off all funds from salary cards. Are they doing the right thing?

What are the maximum deduction amounts?

The procedure for writing off funds from salary cards by bailiffs is described in the law “On Enforcement Proceedings”.

According to this law, bailiffs are allowed to:

1. Hold maximum 50% from the salary received in the last month.
2. Write off all funds from the card, which arrived in previous months.

However, bailiffs do not always know that they are blocking a salary card, so all funds are often written off from debtors’ accounts.

What to do if all funds have been debited from the card?

If one day you discover that the bailiffs have withdrawn all funds from the card, you need to:

1. Contact the bank to find out the reason for withdrawing money.
2. Meet with the bailiffs and review your case documents.
3. Ask your employer a certificate of your income for several months.
4. Get it from the bank's accounting department a certificate stating that your card is a salary card.

Based on these certificates, the bailiffs are required to send a notice to the bank to cancel the seizure of the card.

Filing an application to lift the arrest

To remove the seizure from your salary account, you need to submit an application to the reception of the bailiff service.

This statement contains the following information:

• Name bailiff services;
• address service location;
• Full name of the bailiff who is involved in your business;
• Full name of the debtor;
• registration address debtor;
• number
• opening date enforcement proceedings;
• court decision number, on the basis of which enforcement proceedings were opened;
• bank name where the debtor is served;
• number blocked bank card;

After considering this application, the bailiffs are required to send a notice to remove the block from the account.

Popular questions and their solutions

How many copies of the application to remove the seizure from the salary card must the debtor provide?

The debtor must provide 2 copies to the bailiff service. One copy is submitted to the reception service, and on the second the service employees put a mark on acceptance. The second copy of the application is returned to the debtor.

How soon are bailiffs required to send a notice to the bank to lift the arrest?

According to the law, the arrest from the salary card is removed on the same day after receiving an application requesting the cancellation of the arrest.

Get a lawyer's answer in 5 minutes

Unfortunately, in life sometimes different situations happen. Therefore, almost no one is insured against debt obligations. But what happens if a person takes out a loan from a bank and then stops repaying the debt, does not pay child support for his child, or has other debts to other persons? In such a situation, the matter often ends with the bailiffs coming into action, who carry out their activities in accordance with the decision of the judicial authority that has entered into force. Based on the current writ of execution, civil servants begin to search for the property and accounts of debtors. But can bailiffs seize a citizen’s salary card if this is his only income and he simply has no other income? And what should a person do in this situation? The answers to these questions will be written in this article.

What is important to know?

Who are bailiffs and on what basis do they carry out their activities? Many citizens who have debt obligations are interested in this question. So, bailiffs are civil servants who are engaged in the enforcement of court decisions that have entered into legal force. They have quite a lot of powers. Bailiffs can even freely enter the premises occupied by debtors. In addition, they have the right to search for the property of the latter. In this case, the bailiffs send requests to the tax, registration chamber, traffic police and banks, after which they seize existing property and accounts.

How does it work in practice?

If enforcement proceedings are opened against a person, first of all, bailiffs send a request to the bank to establish whether the citizen has any accounts or funds that could be used to pay off the debt. If the credit institution’s response is positive, then all of the person’s existing cards will be seized. The funds from them are transferred to the claimant.

In this situation, many citizens are wondering whether bailiffs can seize a salary card? Of course, a person's only source of income cannot be blocked under any circumstances. However, banks do not provide bailiffs with information about which card is opened in the name of the debtor (salary, savings or credit). Therefore, the latter seize all existing accounts.

What to do?

What should a person do if the bailiffs seized a salary card? What to do if it is not possible to fully repay the existing debt?

As a rule, wages are the only source of livelihood for many citizens who do not have additional income. Therefore, if a person learns that the card to which his salary is transferred has been seized, he must immediately contact the bailiffs and write an application to lift the seizure, indicating the reason.

This document is drawn up in any form addressed to the head of the service unit. However, before writing an application to remove the arrest from the card, you need to obtain a statement from the bank stating that this account is a salary account. The document received from the credit institution should be provided to the bailiffs. In addition, it is important to remember that the arrest will not be lifted immediately, but after a certain time.

Part of the amount

If the debtor does not have property that can be foreclosed on and he does not have his own source of income, then the bailiffs most often close the enforcement proceedings. But how does debt repayment occur if a person works in a certain place and receives a salary?

In this example, the bailiff transfers the document to the enterprise where the debtor works. After receiving the writ of execution, the accountant sends an official confirmation of receipt to the employee within three days. In the future, the amount of debt is already withheld as a percentage of the person’s income. That's the order.

Here we should not forget that according to the law, no more than fifty percent of wages can be withheld to pay off existing debt. Sometimes transfers of funds even reach 70% (for example, if this concerns payments of funds in the event of the loss of a breadwinner, when the death of the latter was due to the fault of the debtor).

Various options

So, people who are wondering whether bailiffs can seize a salary card to enforce a court decision must know that the latter are authorized to do this only when a person does not pay the debt on his own. After all, as mentioned earlier, employees cannot know that they have blocked exactly the debtor’s account to which the company transfers his earnings.

If a person voluntarily complies with a decision of a judicial authority, then the bailiffs will never seize his accounts, since the person pays the money on his own. In addition, in a number of cases, the debtor has the opportunity to reach an agreement with the collector, and the latter does not hand over the writ of execution to the bailiffs for work. In this case, funds are also transferred by the person voluntarily.

Deadlines

After initiating enforcement proceedings, bailiffs send the person a resolution offering voluntary repayment of the debt. As a rule, the latter is given five days for this. If during the specified period the funds are not paid voluntarily, the bailiffs will begin to do their usual work - to find out whether the debtor has property and funds to enforce the court decision.

Bailiffs seized a salary card - what should the debtor do in this case? If it is possible to repay the debt in full, then you can deposit this amount into a blocked account. Thus, these funds will be automatically debited from the card, and the arrest will be lifted.

But some people prefer not to specifically repay existing debt, but simply to block accounts and open new ones in another bank branch. So, this option is not as effective as it might seem at first glance. After all, when conducting enforcement proceedings, bailiffs will be able to make a request again to any bank at any time. In this case, the commercial organization will issue information about all open accounts in the name of the debtor. In turn, officials will arrest them again.

Questions

There is no need to be afraid of bailiffs, because they are people just like debtors, they are simply doing their job. However, no one particularly wants to communicate with representatives of the law. Many debtors turn to professional lawyers for help and want answers to many questions. For example, can bailiffs seize a salary card if, in addition to the main income, other funds (pension, scholarship) are transferred there? The answer here will be yes if the account belongs to the debtor. But after the citizen provides the bailiff with a bank statement, which will confirm that the card is a salary card, the arrest is lifted. In addition, collection cannot be applied to the following payments:

• survivor pensions;
• maternity capital;
• child benefits, alimony.

Can a salary card be seized for debts if part of the debt has already been repaid? They have the right to block this account. After all, as mentioned earlier, the bailiffs do not see the name and do not know the purpose of the debtor’s current cards. In this case, you need to come to the service department, write an application, and also provide a certificate from work confirming your official income. After this, the arrest will be removed from the card, and 50% will be withheld from your salary every month until the debt is fully repaid.

What are the executors of court decisions guided by?

The bailiffs are conducting enforcement proceedings on the basis of October 2, 2007 No. 229-FZ. In this case, the latter must act only within the framework of current legal norms. But due to the fact that currently bailiffs are vested with significant powers, they themselves often become violators of the law.

When carrying out forced collection of a debt, another 7% is added to the amount of debt - this is an enforcement fee.

What other cases are there?

Almost everyone knows that property acquired by spouses during a legal marriage is considered joint property and is divided in half upon divorce. But what about debts? What to do if the bailiff seized the wife’s salary card because her husband did not repay the bank loan? In accordance with current legislation, such an action by bailiffs is unlawful, because the debts of one of the spouses are only his debts. Moreover, if the funds taken from the bank were spent not on the needs of the family, but on personal goals. In such a case, it is best to file a complaint with the court against the actions of the bailiff.

Conclusion

So what can we sum up here? Do bailiffs have the right to seize a salary card? According to the current law, these persons can block any account belonging to the debtor. This usually happens in cases where a person refuses to transfer funds to the collector on a voluntary basis or even hides from the bailiffs. The latter, in turn, are obliged to comply with any court decision that has entered into force.

If the bailiffs have blocked the salary card, and the debtor has no other source of income, then you must definitely find out the reason for such actions. After all, if a citizen has paid for everything and provided receipts, then employees are obliged to immediately remove the seizure from the account, especially the salary account. If the actions of the bailiffs are illegal, the debtor will have to go to court.

In this case, it is more advisable to first consult with a competent lawyer who, if necessary, will help prepare the necessary documents and represent your interests in court.

The duties of the bailiff (hereinafter referred to as the bailiff) include the execution of decisions, rulings, court orders, judicial acts and acts of other authorized bodies, which are recorded in the writ of execution or court order. In other words, the decision to seize a bank account is made by the court, and the bailiff carries out this decision.

One of the main duties of a bailiff is, as a rule, to collect funds from the debtor in favor of the claimant, as determined by the court. The collection procedure means the arrest or seizure of material assets, including cash and funds in accounts. Upon receipt of a writ of execution or other document with a court decision on collection, the bailiff is obliged to send requests to banks or other credit organizations, the response to which must indicate the existence of the debtor's accounts.

Bank employees provide information about the presence or absence of an account, and if there is a credit account, they must put the appropriate mark when indicating it. But, sometimes it happens that information that the account is a credit account and the funds on it are intended to repay the loan is not provided by the bank, as a result of which the bailiff receives incomplete information about the account and the credit account can be seized, which is automatically blocked.

In some banks, the blocking of the credit account occurs automatically along with the seizure of the deposit account, despite the fact that the bailiff only seizes the deposit account.

How to unfreeze a credit account?

To lift the seizure of a credit bank account, the debtor has the right to cancel the actions of the bailiff to impose the seizure. This can be done by providing information about the account opened under the terms of the loan agreement to the court, or you can also contact the Federal Bailiff Service with a written statement.

On the one hand, the legislation of the Russian Federation does not clearly state the prohibition on freezing a debtor’s credit account. On the other hand, a credit account is not intended for making payments, as a result of which, according to the law, seizure procedures are not applied to credit accounts.

If a debit from the account that has been seized has already occurred, then you must write an application for the return of the debited amount. Refunds of debited funds may take up to ten days.

If a situation arises in which there is a possibility of seizure of a bank credit account or the credit account has already been frozen, provide the bailiff with all documented information on this account. The bailiff must take this information into account and, in the case of an arrest already imposed, has the right to cancel it.

Question and answer

Can bailiffs seize a credit card?

The credit card has long been firmly established in our lives. And this is no wonder. The card has all the advantages that previously did not exist in cash transactions. You can use it to pay for purchases without waiting in line. Accordingly, stores do not need to have cashiers, since many supermarkets already have self-service checkouts. All this leads to automation of the process between sellers and lenders. On the one hand, this is beneficial, but on the other hand, in the event of force majeure circumstances, the proceedings will not be easy.

Such situations include litigation regarding the debts of a bank client. Naturally, the court makes a decision in favor of the lender (bank or microfinance organization), since the borrower independently signed the loan agreement, which contains all the terms of the loan. And after the court decision comes into force, the debtor is transferred to the bailiff service, where the work of enforcing the decision begins.

Bailiffs come to seize property

If there are bank accounts, they are seized. But if everything is clear with debit cards and accounts, since this whole procedure is spelled out in detail in the Federal Law “On Enforcement Proceedings,” then what to do with credit cards?

Can bailiffs seize a credit card?

Any bank card can be seized and blocked by bailiffs. This is also provided for by Federal Law (Article 229). The bailiffs are not obliged to find out what funds are transferred to her and from what sources. Accordingly, they cannot know where you invest your money (after all, you pay off your credit card monthly). The bank provides a statement of all the client’s existing accounts, and the bailiffs already issue a seizure order.

Bailiffs seized your credit card? There is no legal seizure of credit accounts yet. But the situation here is unusual. A credit card has a limit created from the funds of a financial institution, that is, a bank. The debtor has nothing to do with this money. Technically, it is impossible to withdraw such funds from the bank. But due to the incompetence of employees, this can happen, which will be the bank’s mistake. On the other hand, some financial institutions allow you to put more than the established limit on credit cards. Accordingly, funds in excess of the credit limit will be considered own funds. Cards from Sberbank, VTB24 and Avangard Bank most often do not have this function. Other banks can credit clients' credit cards with their personal funds in excess of the credit limit.

Read also: Law on Credits and Debtors 2017

The bank should not accept for execution the bailiff's order to write off loan amounts, however, the bank itself may well block the credit limit for a borrower who is late in repaying the debt.

In order for the bailiffs to seize the credit account, you need to use the card. If you do not do this, the credit funds will not be reflected in the account. Without replenishing the card or withdrawing from it, you can protect yourself from this situation.

But some banks do not allow this, regulating this issue with bank commissions.

Frequently asked questions from our clients include:

Can bailiffs seize a credit card? The bailiffs have the right to do this if you do not notify them about the purpose of the account.

Can bailiffs seize a Sberbank credit card? Seizure of an account is a procedure that cannot depend on the name of the bank. Enforcement proceedings apply to all financial institutions, including Sberbank. In another case, a credit card is bank funds. Accordingly, the arrest cannot be made.

If you are faced with such a situation, you urgently need to contact our company to resolve the issue. We will negotiate with the bank and resolve this issue.

Can bailiffs seize an account in Sberbank?

In extremely rare cases, bailiffs mistakenly seize bank cards. If for some reason it is blocked, then most likely this was the decision of the executors in relation to the debtor who does not want to fulfill his obligations. Bailiffs can freeze a deposit card and the money on it at Sberbank or another financial institution based on existing outstanding debt obligations.

What to do if bailiffs seized an account in Sberbank?

According to current legislation, in the event of evasion by the debtor, payment of existing debts can be carried out through forced collection measures. Seizure is one of these measures. Bailiffs have sufficient powers to seize an account in Sberbank or other financial organization where it is opened. The exceptions are the following cases of target deposits, for which seizure is prohibited:

• child benefit, disability benefit and other material support from the state;
• credit cards.

In other cases, executive bodies have the right to seize a deposit in Sberbank or another financial institution. Even in relation to a salary card or pension card. A condition that must be observed during the seizure of the deposit is that more than half of the amount of the incoming salary or pension cannot be written off from it. If one transaction was not enough to pay off the debt, then it will be carried out partially until full repayment. The algorithm of actions in the case where a deposit in Sberbank is seized by bailiffs is as follows.

1. Clarify for what reason the blocking occurred and which executive body issued the resolution on the need for forced write-off of funds.
2. Find out the total amount of debt in order to understand whether the debt has been repaid or additional payments are required.
3. In case of full payment of the debt, submit a petition to the bailiff with a request to lift the ban. Bailiffs can lift the arrest with the help of a written application to the bank from the bailiff himself, the review period of which will take several days.
4. When the debt is only partially repaid, you must pay the remaining amount yourself and submit a corresponding application to the authorities executing the loan decision.

It is unlikely that the debtor may not know the reason why the bailiffs seized his deposit in Sberbank, since this is preceded by a court hearing on the existence of the debt and a decision on the need to pay it with the relevant notifications of the parties and copies of decisions. But it may also happen that when money is written off, the debtor does not know why this is happening. Most likely, such a write-off is erroneous. Therefore, in such cases, it is necessary to obtain an answer to the question on the basis of what resolution the write-off is carried out and by whom. Money can be seized not only by bailiffs, but also by customs officials or tax representatives.

How can I find out if my Sberbank account has been frozen via the Internet?

The debtor may not always know why the bailiffs seized a card from Sberbank or another financial organization, and the bank itself does not always agree to provide this kind of information. In this case, you can find out the details of the court decision on forced collection using the Internet. Using the FSSP website, you can find out who issued the order to seize a deposit in Sberbank or in the bank where the debtor is served. Information about the date and document number is also provided here. Likewise, if the debtor expects and admits the possibility of seizure of accounts in Sberbank or another financial institution. You can also obtain information about account blocking by bailiffs in Sberbank itself. However, this requires a personal application to the bank. Such information can only be obtained after blocking.

Read also: Interim balance sheet for liquidation of LLC sample 2017

Can bailiffs seize a credit account?

Credit accounts are not subject to blocking by bailiffs. It is possible to seize only deposit cards, as well as those to which wages or pensions are transferred. It is also unacceptable to write off money against disability benefits received by the debtor, financial assistance from the state for children and other payments of a similar nature.

If your account is frozen, how do you receive your salary?

Even in cases where bailiffs have seized accounts in Sberbank or similar banks through which wages are transferred, further receipt of wages is possible despite the blocking. Firstly, wages can be received through the organization's cash desk. But this is rather a one-time measure. Here it is worth taking into account the cash limit in it and the size of the total wage fund for employees. Secondly, you can continue to receive your salary on the card if you prepare the documents correctly. The most important thing here is to monitor the order in which documents are received. If it is impossible to repay the debt in one payment, it is paid in installments by debiting money from the debtor’s account. The bank will execute the order it receives first: a request to block a sum of money or pay a salary. In order for wages to continue to be transferred to the card upon arrest, you must contact the employer’s accounting department in order to draw up all the documents relevant to the situation.

How to remove a seizure from a bank account?

The removal of the arrest is carried out by bailiffs upon a written application to the bank. The processing time for this is several days. In order for accounts to be unfrozen, the debt must be fully repaid. However, a one-time write-off of funds may not be enough. If the amount of debt exceeds 50% of the transferred salary or pension, the remaining portion will be partially written off. If you need to remove a seizure from accounts in Sberbank imposed by bailiffs, you need to find out the number of the resolution by which this happened and the body carrying out the execution of the court decision. After repaying the debt in full by debiting money from the account, the card will be unfrozen automatically within a short period of time, up to 10 days. If there are not enough funds on it to pay off the debt, then upon independent full payment you need to apply to the bailiff about the need to lift the arrest.

Application for removal of seizure from a current account sample 2017

When paying off a debt and needing to unfreeze the account, you need to write a corresponding statement addressed to the bailiff in whose proceedings this collection case is located. The period for its consideration is 10 days. If, after its expiration, the debtor has not received any notifications from the bailiffs, then he has every right to file a complaint with the court about the inaction of representatives of the executive branch. Such applications are not subject to state duty. The sample application requesting the lifting of the arrest must contain information about the number of the case on which proceedings are underway and the arrest was imposed. Here you also need to indicate how the debt obligations were repaid. It is important that this information is presented along with clarifications about the amount, date and method of repayment of the debt. At the end of the application, you must indicate a request within the framework of which you need to remove the seizure from an account in Sberbank or another financial organization. The basis for this may be the fact that existing debt obligations have been repaid.

A sample application can be viewed and downloaded here:

Seizure of a credit account or whether bailiffs can seize a credit card

Hello dear friends and work colleagues!

Very often, the following situation happens to our clients. Under one loan agreement, enforcement proceedings are initiated before one Bank. As part of enforcement proceedings, a credit account opened in another Bank is seized.

Naturally, in such a situation, a completely reasonable question is asked: Can bailiffs seize a credit card from a third-party Bank?

Our company has prepared for you a comprehensive answer to these questions for practical use.

Freeze of credit account

The seizure of the credit account occurs on the basis of a resolution of the bailiff. You need to understand this and not be confused when funds are written off from your account without acceptance at the pre-trial stage.

Still, these are different civil legal relations that require different ways to protect the rights of the Debtor! In this article we will consider the first option, when the seizure of a credit account occurs on the basis of a decision of a bailiff.

Can bailiffs seize a credit card?

The difficulty is that a bank card, be it a credit card or a salary card, has its own bank account. The bailiff issues a decision to seize bank accounts and sends this decision to the Bank.

Now, if at least one current account is opened in the Bank in the name of the Debtor, the Bank will be obliged to arrest him. Whether you want it or not, it will definitely happen. Fact! And there is nothing illegal here.

In modern realities, employers prefer to transfer wages to employees into bank accounts. But this trend has significantly increased the number of debtors whose accounts have been seized. The decision to arrest is made by bailiffs on the basis of a writ of execution that has entered into legal force.

Seizure of an account does not allow the owner to dispose of the funds on it. But often the rights of debtors are violated during arrest. To ensure that your rights are not infringed, you need to understand the arrest process itself and know in detail how the encumbrance is removed. So, can bailiffs seize a credit account?

Reasons for freezing accounts

The reason for seizing a bank account may be:

• Execution of a court decision in a civil case or collection of a fine ordered in a criminal case.
• Blocking an account acts as a way to effectively repay a debt when the court decides to collect, among other things, the property of the debtor.
• In order to receive funds due for the fulfillment of alimony obligations.

Federal legislation regarding enforcement proceedings provides a list of accounts that may be subject to seizure and describes the procedure for blocking an account. It also describes those funds that cannot be seized, as well as the algorithm of actions between the bailiffs and the bank. Seized accounts can belong to both individuals and legal entities. In legal practice, however, there are cases of erroneous seizure of an account or bypassing existing laws and regulations. The latter may become a reason for filing a claim. Can bailiffs seize a credit account? This is a common question.

Bank actions

The bank does not have the right to seize the account. But this practice also occurs. This happens especially often when the client has a debit and credit account in the same bank. By blocking the debtor's accounts, the bank is trying to get its funds, which goes beyond the law. A financial institution cannot forcibly freeze the funds of its clients. An arrest can only be made as a result of a court decision. That is, the bank must file a lawsuit to recover funds from the debtor and wait for a verdict in its case.

Next, the bailiffs begin their work and, with the help of the bank, block the accounts for further withdrawal of funds in favor of the plaintiff. The account may be blocked without notifying the owner, as provided by law. The use of such measures is provisional. However, it is worth noting that forced seizure of an account can only be carried out after the debtor has been given the opportunity to voluntarily repay the debt. Can bailiffs seize a credit account? This question interests many.

Blocking a consumer credit account

For debtors who have a consumer loan, two accounts are opened: a settlement account and a loan account. The initial loan amount is issued through the current account, and payments are made to repay it. At the initial stage, this account is zero, and funds received into it are automatically considered the borrower’s own funds. In case of debt, funds received into the account may be collected to pay off the debt by a court decision. In this situation, arrears on the loan occur. Do bailiffs have the right to seize a credit account? Let's figure it out.

The loan account shows how much you need to pay on the loan. The money received is used to pay off the loan. Since this account belongs directly to the bank, it cannot be seized. The loan is repaid according to the following scheme: money is deposited into the current account every month, and the bank, in turn, when the next payment is written off, transfers the money to its account (loan). Just at the time when the money is in the current account before being written off, the funds may be seized by order sent by the bailiff.

In the situation described above, it would be most reasonable to contact the bank, where you can agree to deposit funds directly into the loan account, bypassing the current account. You can deposit money into a loan account either through a cash desk, or by transfer from another bank account, or by opening an account for a third party. Can a bailiff seize a credit account? More on this later.

Legality of seizure of a credit account

Many people use credit cards. It is much more convenient than cash payment. It is convenient to pay for your purchases with a card without waiting for change and delaying the queue. It is also convenient to make purchases at self-service checkouts without the presence of a cashier. The trade turnover process is being automated and modernized. But in case of unforeseen situations, it is quite difficult to deal with the card. For example, when there is a trial in court due to debts to the bank. Any card issued by the bank can be seized and blocked. By law, bailiffs do not need to find out the intended purpose of the money coming into the account. The bank provides the bailiffs with a statement only about the availability of accounts.

Can bailiffs seize a credit card account?

The law does not provide for the seizure of credit accounts. A credit card has a limit that is created by the bank itself. An account linked to a credit card is a loan account. In fact, the debtor has no relation to this money and, accordingly, it is not possible for the bailiffs to seize it. As a rule, after the arrest of a credit account linked to a card, to unblock it, it is enough to provide the bailiff with a document confirming the absence of funds of the debtor on the card.

But some banks allow you to put funds on your credit card that exceed the original limit, which means you can store your own savings on it. Bailiffs can only seize the accounts you use. Thus, to avoid blocking, it is better not to withdraw or top up your credit card. Clients often ask employees: “Can bailiffs seize a credit account without notifying me?”

Sequence of actions when seizing an account

First, you need to find out who seized the account and whether it was legal. It is necessary to make a request to the bailiff service, obtain all documents and make copies. If you consider the actions of the bailiffs to be illegal, then you need to take the following steps:

• Find out the reason for the account seizure.
• Receive the documents on the basis of which the arrest was made. Such papers can be requested from the bank.
• You must obtain a statement of your account from a credit institution. It must indicate the intended purpose of the funds received.
• Write a complaint to the bailiff service, indicating those actions that are illegal, and demand the cancellation of the court decision.

The response to the complaint must be provided no later than 10 days from the date of its filing. If the bailiff service refuses to consider it or gives an answer that is unsatisfactory for you, you should prepare a claim in court. We figured out whether bailiffs can seize a bank credit account. How is the unlocking done?

Unblocking your account

There are two ways to quickly remove a seizure from a credit account:

• Pay off the debt. That is, get rid of the very reason for the account seizure.
• Unblock the account through the court, thus appealing against the unlawful actions of the bailiffs.

If the account is seized, all funds on it are written off. If there are enough funds in the account to repay the debt, it will be unlocked automatically. If there are not enough funds, the debt will be collected in the future from monthly receipts into the account. Once the reason for the arrest is eliminated, the account will be unblocked within three days. But in practice this period may be extended. Can bailiffs seize a credit account at another bank? We gave the answer above.

Conclusions

Summarizing all of the above, we can conclude: the client is late and does not comply with the subsequent court decision, as a result of which the bailiff freezes the accounts under the writ of execution. If the debtor does not agree, then litigation begins, collecting a large number of documents, evidence of his innocence, and if the claim is satisfied, the accounts will be available again.

In any case, the situation in our country is such that we often have to prove our innocence and rightness. Bias towards debtors and rejection of life circumstances are characteristic not only of banks, but also of employees of the judicial system. We looked at whether bailiffs can seize a credit account. But it is better to avoid such situations.