I bought a car with a ban. What to do? The former owner is a debtor.

Procedure for removing seizure from a vehicle

These restrictions will not allow the vehicle to be deregistered with the traffic police or re-registered in the name of another person. Many car owners are looking for answers to the question of whether a bailiff can seize a car. The answer can be positive. After receiving a court decision, the bailiffs are obliged to inform both the owner of the car and the traffic police. Activities included in the seizure of a vehicle begin with an inventory and a ban on its disposal.

The first question that the defendant must find out for himself is how to remove the seizure from the car through the court. This procedure consists of a certain number of steps. First, you need to obtain information about the person who filed the claim and the reason for his action. Then a statement is written to the bailiff to remove the seizure from the car. After submitting the application document, the case is considered.
Then the procedure for removing the seizure from the car includes a trip to the MREO in order to obtain copies of decisions on the imposition of sanctions. In cases where the defendant discovers the illegality of the sanction, it can be appealed. If the plaintiff’s claims are legitimate, then the best solution would be to eliminate all such claims - repay the debt, compensate for damages. After this, a petition to remove the sanction is submitted.
It is possible to remove the seizure of a car by bailiffs by obtaining a decision to cancel the sanction from the relevant judicial authority. It often happens that the sending of all papers and documents is delayed. In order to speed up the process, it is advisable for the defendant to independently deliver copies of documents on payment of debt or coverage of damage.

How to correctly draw up an application to remove a car from arrest in court

Those who are wondering how to remove a car from seizure by bailiffs must first submit an application addressed to the judge who made the decision to impose a penalty.

Write clearly and to the point; don’t complain about your difficult life or difficult financial situation. The application must indicate the number of the article serving as the basis for the decision. Article 144 of the Civil Procedure Code of the Russian Federation is applicable to this situation. List facts that might convince a judge to remove the lien from the car.

The application must include the following items:

The header of the application indicates the name and actual address of the court, full name of the judge who decided to seize the vehicle. Below is the full name, address and telephone number of the plaintiff.
Find out your case number from the office and indicate it when filling out.
The title of this application is “Application for Cancellation of Security for Claim.”
When describing the circumstances of the case, it is necessary to indicate the reason for the seizure, the date of the hearing, the name of the judge who made the decision, and list the measures applied to you as a defendant. Then you need to write about the results of the decision: whether the claim was satisfied or rejected, perhaps a settlement agreement was concluded between the parties or the case was left without consideration.
Turning to Art. 144, indicate the reason for removing the seizure from the car. Do not miss details, describe all details as accurately as possible.
At the end of the appeal there should be a request to cancel the measures to secure the claim, in our case - to remove the seizure from the car.
Below is a list of copies of documents attached to the application and serving as confirmation of the arguments you presented.

What to do if the bailiff does not remove the arrest from the car?

If the bailiff fails to act to remove the seizure from the car, you can file a complaint with the senior bailiff of the district department of the FSSP. If the senior bailiff does not change the situation, the complaint must be sent further. So, when asked where to write a complaint against a senior bailiff, we can recommend writing it to the regional department, addressed to the head of this department.

Do not forget that the complaint must be submitted in writing. It can be submitted either at a personal reception or through the office (preferably against signature on a second copy), or sent by postal or courier services.

The general period for consideration of complaints, requests and applications is 30 days.

Is it possible to lift the arrest if there is a court decision to collect the debt?

Citizens are often interested in: if they are found to be debtors by a court decision, how quickly will their property, including their car, be seized. It is worth noting here that if the court has not imposed measures to secure the claim, then the arrest will not be imposed very quickly: first, the claimant will need to obtain a writ of execution, which will then be sent to the bailiff service. Then the bailiff will initiate enforcement proceedings and send a resolution to impose a ban on registration actions to the traffic police. And only after these procedures will the vehicle be seized.

Moreover, there are ways that can help you avoid having your car seized. So, if a court decision is made to recover some money, you can apply for a deferment or installment plan for the execution of the court decision. If the dispute was between legal entities and the decision was made by arbitration, then you need to pay attention to in what cases a deferment of execution of the decision of the arbitration court is granted - this has its own nuances.

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The car was seized after you entered into a purchase and sale agreement

In this case, you are lucky. A seizure on the disposal of a car (a ban on registration actions) was imposed after the car had already become yours.

You need to apply to the court with a statement of claim to recognize ownership rights and lift the ban on registration actions. The court is the only competent body that resolves a dispute between the parties regarding the presence or absence of property rights. File a claim at the location of the seized property (30 Code of Civil Procedure of the Russian Federation) in the district court to lift the seizure. In court, you need to prove that upon purchase you became the REAL owner (in order to exclude fictitious sales contracts). The claim is non-property. The defendants will be the debtor (former owner) and the claimant (in whose favor the car was seized), as a third party not making independent claims - SSP. The state fee for such a claim is: 200 rubles.

Sample statement of claim for the release of property from seizure

What documents are needed?

Prepare to file a claim. You need a minimum package of documents:

Copy of the statement of claim
Document confirming payment of state duty
A copy of the decision on the seizure by the bailiff
Documents confirming the plaintiff’s ownership of the seized property
Other evidence confirming the grounds for releasing property from seizure

Sample application to remove the seizure from a car addressed to the bailiff

To the Oktyabrsky district department of Yekaterinburg

Federal Bailiff Service of Russia for the Sverdlovsk region

Applicant:

Statements

to the FSSP on lifting the ban on registration actions

On November 9, 2014, an agreement for the sale and purchase of a motor vehicle (numbered unit) was concluded between me, M. (buyer), and I. (seller). In accordance with the specified agreement, the seller sold and the buyer bought a vehicle (registered unit) GAZ 33021, manufactured in 2005, VIN identification number 96330210537133.

The specified agreement was executed, and on November 12, 2014, I wrote an application to the MREO of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia for the Sverdlovsk Region to register the purchased vehicle. However, I was denied registration of the vehicle due to the fact that the FSSP imposed a ban on registration actions in relation to the specified car.

After that, I went to the website of the Federal Bailiff Service of Russia for the Sverdlovsk region, where I searched in the bank of enforcement proceedings, entering the data of I.

The search did not bring any results, which means that even if enforcement proceedings were initiated, they were subsequently terminated. It is obvious that information about the termination of enforcement proceedings and the lifting of the arrest, if it was lifted at all, was simply not transmitted to the MREO of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia for the Sverdlovsk Region.

By virtue of Art. 8 of the Constitution of the Russian Federation in the Russian Federation recognizes and protects equally private, state, municipal and other forms of property.

In accordance with Art. 35 of the Constitution of the Russian Federation, the right to private property is protected by law. Everyone has the right to own property, own, use and dispose of it, both individually and jointly with other persons.

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No one can be deprived of his property except by a court decision. Forced alienation of property for state needs can only be carried out subject to prior and equivalent compensation.

Based on the above and guided by current legislation,

ASK:

Remove the arrest from a GAZ 33021 car, manufactured in 2005, VIN identification number 9633052037133;
Issue a decree from the bailiff to lift the arrest for its transfer to the MREO of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia for the Sverdlovsk Region.

Date, signature

Grounds that automatically remove the arrest from a car

Four such reasons can be distinguished:

The most convenient thing for all participants in the conflict situation will be for the debtor to repay all his financial obligations, including payment of penalties, interest and other additional payments, which automatically terminates the enforcement proceedings.
The judge's decision that the vehicle was impounded unlawfully was in error.
The claimant no longer has financial claims against the debtor, i.e. enforcement proceedings are also terminated.
Termination of enforcement proceedings by decision of a judge (for example, if the claimant refuses a car seized from the debtor under a writ of execution to compensate for his debt).

Lawyer for removing arrest from a car in Yekaterinburg

One of the common measures to secure claims is the seizure of citizens' property. These activities can be carried out by law by customs officers and bailiffs. This is done with the aim of imposing restrictions on the use and disposal of property by its owner. Therefore, many people who find themselves in such a situation are wondering how to remove the seizure of a car imposed by a court.

Please note that our law office provides legal assistance on a wide range of issues related to debts. So, there are cases when the debtor has nothing and all the property is registered with his spouse. In this case, a process such as the allocation of the debtor’s share in the common property of the spouses, which requires a special approach, can help.

The car was seized before you entered into a sales contract

If registration actions were prohibited earlier, then there is no way to resolve the issue without the former car owner. It is he who needs to be contacted - after all, only he, by law, has the right, say, to communicate with the bailiffs (if they imposed the ban) and find out the validity of the claims against him. If the debt does not exist, then it is the former owner who needs to get the bailiffs to lift the ban. Or sue if this ban was imposed without reason or was not lifted in a timely manner. You will not be able to help him here, since from the point of view of the law you have no relation to this machine and are not one of the parties to the enforcement proceedings. If there is a debt and the ban on registration of the car is justified, then no one will cancel it for your sake, that is, it will still not be possible to register the car. No way. Of course, no one will prohibit challenging the refusal of registration actions in court, but winning such a case is almost impossible (there is judicial practice in this case).

In your case, the solution would be to invalidate the purchase and sale agreement (in this case, the parties return to their original position: you get the money, the seller gets the car).

We draw your attention to the fact that the seller must indicate in the purchase and sale agreement that the property is exempt from claims of third parties. Since an individual entrepreneur has been initiated against him, he does not have the right to get rid of property belonging to him in order to hide his financial situation. The practice is that the owner of the property, trying to hide his financial situation, tries to sell his property retroactively.