Application for removal of seizure from a car: sample 2021

How to prepare an application to remove the seizure from a car

The lien is lifted only when the seller’s debt is paid off or is absent. Or when the debtor’s property is seized in violation of the laws of the Russian Federation. In the latter case, it is necessary to file an administrative claim against the actions of the bailiff or a complaint to the senior bailiff.

If the debt is repaid, it is not enough for the bailiff to present a receipt for payment of the debt. We strongly recommend that you submit a written application reflecting:

• enforcement proceedings number
• date of repayment of debt in full
• a request to remove the seizure from the car due to the execution of a court decision (another writ of execution). Please attach a receipt and a statement of completion of enforcement proceedings to your application.

If the debt is not repaid, then you must first pay off the debts, and then proceed according to the above algorithm. In addition, since the exchange of information between the FSSP and the traffic police is not instantaneous, a copy of the resolution on the completion of enforcement proceedings.

Removing a court-imposed seizure from a vehicle

If the initiator of the arrest is the court, the cancellation of security measures is possible in 2 ways. The first method is suitable only for those cases where the court decision rejected the claim.

The applicant, along with an application for lifting the arrest, drawn up in free form, must submit to the bailiff a copy of the court decision with a note on entry into legal force.

The second option is when measures are imposed and the court decision is not in favor of the car owner. In such cases, on the basis of Art. 144 of the Civil Procedure Code of the Russian Federation, an application must be sent to the court to cancel the security for the claim. It is drawn up according to the rules for filing petitions in court and is considered by the same judge who issued security for the claim.

After the application to remove the seizure from the car is satisfied, obtain the corresponding resolution and deliver it to the traffic police - this will be faster than waiting for the exchange of information between government authorities.

Clarifying questions on the topic

I purchased a car and did not register it. When I was about to register it, it turned out that the car had been in custody since August 21. I called the seller, he promised to pay. But until today I still haven’t paid. I want to apply to the court to cancel the seizure of the car, since the DCP has been issued, but not notarized.

You can remove the seizure through the court if you prove that you purchased the car before the seizure.

I bought a car, before buying I checked for all restrictions and liens, everything was clean, but upon registration it turned out that the car was wanted, and they put it on the wanted list 2 weeks after my purchase, that is, after the conclusion of the DCP... In the end, the car was confiscated, as were the documents! How to return a car?

You need to apply to the court to lift the arrest.

I sold the car in October '18. The buyer turned out to be outbid (I have an agreement with him).

He sold it to another friend in the city of Novosibirsk, this man somehow took out a loan secured by a car in December 2018 (I am included in the title) 550 thousand rubles! I came to the traffic police to deregister, but they refused! Arrest on reg. Actions.

I'm in Kirov auto in Novosibirsk. What to do?

You can go to court with a request to remove the car from registration.

I bought a car in 2015 and in 2021 there were restrictions on the previous owners. Please tell me what to do.

It is necessary to understand the reasons and period for imposing restrictions. After this, you can take action to lift the arrest.

car was seized by the court due to a debt for a utility bill; they were not allowed to go abroad due to the car being seized

Find out who made the arrest and on what basis. The answer to your question can only be given using official documents.

Last year we bought a car and re-registered it without any problems. A few days ago we sold it, the new owner couldn’t re-register it, it turned out that the car was under arrest for registration actions, they gave us the number of the bailiff of the Stavropol Territory, we got through on the phone and they answered, you need it and come. We live in another region 600 km from them. What to do? Thank you

If you cannot come in person, you can apply in writing or send your representative there with a power of attorney.

Good afternoon, we bought a car that was broken down and needed to be restored, it was not possible to re-register the car because the car was not running, after a long time, we managed to fix it (3 years), but the car is under arrest from the previous owner, the debt is about 500,000, the owner refuses to pay, A large amount of money has been invested in the car for restoration, is it possible to file a claim in court and attach documents confirming the repair of the car? and re-register the car.

A car can be re-registered if it was purchased from the previous owner before it was seized. In this case, a claim is filed with the court to release the property from seizure. There is such a sample on the website. Otherwise, it will only be possible to demand reimbursement of restoration costs from the previous owner.

Good afternoon! 2 years ago I sold the car under a purchase and sale agreement. And he did not make sure that the new owner was registered with the traffic police.

Expert opinion

Morozov Ivan Severinovich

Legal consultant with 6 years of experience. Specialization: criminal law. Has experience in defense in court.

Within two years, the new owner committed offenses (CAFAP fines), but the fines were issued in my name. Currently, I cannot deregister the car, since the registration actions have been seized by the bailiffs.

How to remove car registration and fines?

According to decisions on administrative offenses, fines can only be lifted by appealing the decisions. Moreover, with a request to restore the appeal period.

For argumentation, it is necessary to use the purchase and sale agreement. On the issue of prohibiting registration actions, you need to know the reasons.

If such restrictions can be removed, then the car must be deregistered.

Hello. In 2014, my car was seized; I learned about this arrest only in February 2021. On May 14, 2020, the bailiff issued a decree to remove all restrictions from the car. But for 2 months now the restrictions have not been lifted from my car in the traffic police database. What should I do in such a situation?

Andrey, this is a fairly common situation. It is necessary to write complaints as actively as possible - addressed to the head of the traffic police, senior bailiff (about the exchange of information with the traffic police).

With what kind of treatment? The alimony claimant must apply to the bailiff. So that the bailiff lifts the ban on registration actions. Seized on the car of the defendant for alimony. Disputes and claims were resolved privately and there are no claims.

The basis for lifting the seizure of property is usually the termination of enforcement proceedings. In this case, the claimant (claimant for alimony) can apply in writing to the bailiff with a statement (following the example posted). Depending on the decision made, build further protection.

Surprisingly, even the owner of the car does not always know that his vehicle has been seized.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

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In some cases, this becomes known only after a check by a traffic police officer or upon re-registration.

That is why, first, it is important to understand on what basis the arrest occurs, how it occurs and how to lift the ban or check the car for its presence.

Removing seizure from a car

The Kambarsky District Court of the Udmurt Republic, composed of: presiding judge Efimov S.L., with secretary Khisamutdinova A.R., having considered in open court a civil case on the claim of Gomoyunov D.I. to Chunarev M.Yu., Tarasov E.V., Potorochina G.D. and Sterkhov V.A. on the exclusion from the Resolution No. dated 07/07/2012 of the bailiff of the Kambarsky ROSP UFSSP of Russia in the Udmurt Republic of the ban on deregistration and change of registration data in relation to the car “<data withdrawn>”,

Installed:

Gomoyunov D.I. filed a lawsuit against Chunarev M.Yu., Tarasov E.V., Pontorochina G.D. and Sterkhov V.A. with requirements:

1. Recognize the decision to seize the property, namely the car <data seized>, owned by D.I. Gomoyunov. on the right of ownership is unfounded.

2. To oblige the Kambarsky district department of bailiffs of the Federal Bailiff Service of Russia in the Udmurt Republic to release the property belonging to it by right of ownership, namely the car <data seized> from arrest.

The claim is motivated by the fact that on July xx, 2012, between Gomoyunov D.I. and Chunarev M.Yu. The contract for the sale and purchase of a motor vehicle was concluded in simple written form. According to the terms of the agreement and the deed of transfer thereto, Chunarev M.Yu. sold to the plaintiff a car <data taken> that was in his ownership. Thus, the plaintiff acquired ownership of this car on July xx, 2012.

When registering a car with the REP of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation for the Kambarsky district, Gomoyunov D.I. I learned from the traffic police officers that the car was seized by the bailiffs of the Kambarsky district department of bailiffs of the Federal Bailiff Service of Russia in the Udmurt Republic by decree No. DD.MM.YYYY.

After which he applied to the Kambarsky district bailiff department of the Federal Bailiff Service of Russia in the Udmurt Republic with an application to lift the seizure of the car, since the purchase and sale of the car was completed before the date of seizure of the property (<data taken>).

The property was seized in connection with the obligations of the previous owner of the car - Chunarev M.Yu., in accordance with the decisions of the bailiff of the Kambarsky ROSP UFSSP of Russia for the Urals on the initiation of enforcement proceedings No. dated November XX.2011 in favor of Potorochina G.D., No. dated xx.11.2011 in favor of Tarasov E.V., No. dated xx.11.2011 in favor of Sterkhov V.A..

At the time of the seizure of the property by the Kambarsky ROSP UFSSP of Russia for the Urals, the specified car <data taken> was in his ownership.

On September xx, 2012, the plaintiff received a response from the Kambarsky ROSP of the Federal Bailiff Service of Russia for the Urals with a refusal to lift the seizure of the property, namely the car <data seized>.

The plaintiff does not agree with these arguments for the following reasons.

According to para. 1 item 2 art. 1 of the Civil Code of the Russian Federation, individuals and legal entities acquire and exercise their civil rights of their own will and in their own interest. They are free to establish their rights and obligations in accordance with the contract and to determine any terms of the contract that do not contradict the law.

In paragraph 2 of Art. 130 of the Civil Code of the Russian Federation states that things not related to real estate are recognized as movable property. There is no need to register rights to such property (except for cases specified in the law). In accordance with the Civil Code of the Russian Federation, motor vehicles are no exception.

In paragraph 1 of Art. 434 of the Civil Code of the Russian Federation states that an agreement can be concluded in any form provided for transactions, if the law does not establish a specific form for agreements of this type.

In accordance with paragraph 1 of Art. 161 of the Civil Code of the Russian Federation, transactions must be made in simple written form, with the exception of those that require notarization, namely: transactions of legal entities among themselves and with citizens; transactions of citizens among themselves for an amount exceeding at least 10 times the minimum wage established by law, and in cases provided for by law - regardless of the amount of the transaction.

A car purchase and sale agreement does not require notarization.

According to paragraph 1 of Article 223 of the Civil Code of the Russian Federation, the right of ownership of the acquirer of a thing under a contract arises from the moment of its transfer, unless otherwise provided by law or contract. This rule fully applies to vehicles, since their alienation is not subject to state registration (clause 2 of this article).

In accordance with paragraph 1 of Article 209 of the Civil Code of the Russian Federation, the owner has the rights to own, use and dispose of his property.

Legal relations arising from contracts for the purchase and sale of vehicles are subject to the general provisions of the Civil Code of the Russian Federation on purchase and sale. So, according to Art. 456 of the Civil Code of the Russian Federation, the seller is obliged to transfer to the buyer the goods provided for in the sales contract, as well as all accessories (certificate of state registration of the vehicle, vehicle passport, operating instructions, etc.).

By virtue of Art. 458 of the Civil Code of the Russian Federation, the moment of fulfillment of the obligation to transfer the vehicle is the moment the goods are made available to the buyer at the place agreed upon by the parties.

Thus, the buyer (in this case, the plaintiff Gomoyunov D.I.), who received the vehicle under the sales contract and the acceptance certificate and paid the cost of the vehicle specified in the contract, acquires ownership of it, in particular the right of use, possession and disposal of the received item at its own discretion, including the right of alienation, from the date of transfer of the seller’s vehicle to the buyer’s disposal.

Civil rights may be limited on the basis of federal law and only to the extent necessary in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, to ensure the defense of the country and the security of the state.

By its actions, the Kambarsky District Department of Bailiffs of the Federal Bailiff Service of Russia in the Udmurt Republic violates the rights and interests of the plaintiff.

During the consideration of the case, Gomoyunov D.I. supplemented and clarified his requirements.

At the preliminary court hearing, plaintiff Gomoyunov D.I. submitted an addition to the statement of claim, in which he renounced the claim against M.Yu. Chunarev, E.V. Tarasov, G.D. Potorochina. and Sterkhov V.A. on recognizing as unfounded the decision to seize the car <data taken> (case file 55).

The court accepted the plaintiff’s partial refusal of the claim, since it does not contradict the law and does not violate the rights and legitimate interests of other persons (case file 56).

In the same addition Gomoyunov D.I. clarified the requirement and asked the court to oblige the Kambarsky District Department of Bailiffs of the Federal Bailiff Service of Russia for the Udmurt Republic to lift the ban on deregistration and change of registration data in relation to the car <data seized>.

By protocol ruling on December 12, 2012, the court accepted the clarification of the plaintiff’s representative according to the defendant G.D. Pontorochina. and it is generally accepted that G.D. Potorochina is the proper defendant in the case. (l.d. 83-turn).

At the court hearing Gomoyunov D.I. clarified the claim and finally asked the court to exclude from Resolution No. dated 07/07/2012, issued by the bailiff of the Kambarsky ROSP UFSSP of Russia for the Udmurt Republic VAG within the framework of consolidated enforcement proceedings No., the ban on deregistration and change of registration data in relation to the car <data seized> (case file 93).

Defendants Chunarev M.Yu., Tarasov E.V., Potorochina G.D., Sterkhov V.A. and the third party Kambarsky District Department of Bailiffs of the Federal Bailiff Service for the Urals did not appear at the court hearing; they were duly notified of the time and place of the consideration of the case.

Defendant Potorochina G.D. and the bailiff of the Kambarsky ROSP UFSSP for UR VAG asked to consider the case without their participation, about which there are corresponding statements in the case materials.

The court, taking into account the opinion of the plaintiff, who did not object to the consideration of the case in such a composition, on the basis of Article 167 of the Code of Civil Procedure of the Russian Federation, determined to consider the case at this appearance.

At the court hearing, plaintiff Gomoyunov D.I. supported the claim and explained to the court that on 07/07/2012 an agreement for the sale and purchase of a vehicle was concluded between him and Chunarev. He paid Chunarev a total of XXX rubles for the car; there was an advance payment of XXX rubles. The car was in a broken state, he purchased it to restore it on his own and further use it. He paid Chunarev in cash. On July xx, 2012, he appeared at the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation in the Kambarsky district to deregister the car and register it in his name. Having learned that the car had been under arrest since 07/07/2012, he wrote a statement to the bailiffs to remove the car from arrest; he was recommended to go to court. The transfer of the car took place on the day the contract was concluded, that is, 07/07/2012, he delivered the car to his yard on a tow truck. The car was after an accident that occurred in the area <address> and the car was located there. From there, he and his father transported the car in a tow truck to the courtyard of his house.

Taking part in the preliminary court hearing on November 11, 2012, defendant Chunarev M.Yu. agreed with the claim and fully confirmed the plaintiff’s explanations. Additionally, he explained to the court that he purchased the car <data seized> in April 2012. In early July 2012, his brother crashed his car. He decided to sell the car, called the father of the plaintiff GIA, who is engaged in car repairs, offered him the sale of his broken car, he agreed to look at the car. Gomoyunov I.A. offered him XXX rubles for a broken car, he agreed. First, the plaintiff and his father gave him XXX rubles, then the rest XXX rubles. He signed the agreement with the plaintiff and the transfer deed on July xx, 2012. He did not apply to the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation in the Kambarsky district to deregister the car.

The bailiff of the Kambarsky ROSP UFSSP for UR VAG submitted objections to the statement of claim, considers the plaintiff’s arguments to be unfounded, and the statement cannot be satisfied for the following reasons.

1. The demands are made against an improper person. Enforcement proceedings No., initiated on November xx.2011 on the basis of writ of execution No. dated xx.06.2003, issued by the Perm Regional Court in case No., are pending execution in the Kambarsky ROSP, enforcement proceedings No., initiated on November xx.2011 on the basis of writ of execution No. dated xx. 06.2003, issued by the Perm Regional Court in case No., enforcement proceedings No., initiated on November xx. with Chunareva M.Yu..

During enforcement proceedings, the bailiff issued a resolution dated July xx, 2012 banning deregistration, changing registration data, and conducting state technical inspection of vehicles.

At the time of the seizure, the bailiff did not receive any information about the alienation and ownership of the said property to other persons.

Article 119 of this law provides that in the event of a dispute related to the ownership of the property being seized, interested parties have the right to apply to the court with a claim to release the property from seizure or exclude it from the inventory.

According to Part 4 of Art. 80 of the Federal Law “On Enforcement Proceedings”, the seizure of property includes a prohibition to dispose of property, and, if necessary, a restriction of the right to use property or confiscation of property.

Resolution of the Plenum of the Supreme Court of the Russian Federation No. 10, Plenum of the Supreme Arbitration Court of the Russian Federation No. 22 dated April 29, 2010 “On some issues arising in judicial practice when resolving disputes related to the protection of property rights and other property rights”, in paragraph 51 it is explained that the defendants for such claims are: the debtor whose property was seized, and those persons in whose interests the property was seized. The bailiff is involved in such cases as a third party who does not make independent claims regarding the subject of the dispute.

Consequently, similar demands cannot be made against the bailiff service and directly against the bailiff, since the Code of Civil Procedure of the Russian Federation does not provide for the possibility of presenting claims against persons involved in the case as third parties. Based on the provisions of Chapter 16 of the Code of Civil Procedure of the Russian Federation, the decision can be satisfied by the court only on the requirements presented to the defendants.

Thus, the plaintiff’s demands were made against an improper person, and therefore there are no grounds for their satisfaction.

2. Satisfying the stated requirements will lead to a violation of the rights of claimants in enforcement proceedings.

The plaintiff submitted demands for the obligation of the Kambarsky ROSP to cancel the ban on deregistration and change of registration data in relation to the Mazda 6, 2005, dark green/green color. It is also stated that by its actions the Kambarsky ROSP violates the rights and interests of the applicant.

Article 442 of the Code of Civil Procedure of the Russian Federation establishes that if a bailiff, when seizing property, commits a violation of federal law, which is the basis for canceling the seizure, regardless of whether the property belongs to the debtor or other persons, the debtor’s application to cancel the seizure of property is considered by the court in the manner prescribed by Article 441 of this Code. Such an application may be submitted before the sale of the seized property.

There were no violations of the law when the bailiff issued a resolution banning deregistration, changing registration data, or conducting state technical inspection of vehicles; no evidence to the contrary was presented. The said resolution imposed a ban on two cars registered to the debtor.

Thus, the cancellation of the resolution as a whole may entail a violation of the rights of claimants in enforcement proceedings to satisfy their claims.

Based on the above, he requests that the Kambarsky ROSP UFSSP of Russia oblige him to cancel the ban on deregistration and change of registration data regarding the 2005 Mazda 6 car, to refuse.

The GIA witness questioned at the preliminary court hearing testified that M. Chunarev called him in July 2012 and offered him a car and told him where it was. The car <data taken> was parked in the area <address> at the side of the road. With his son Gomoyunov D.I. and MAF, they looked at the car and decided that they would take it for restoration. On the same day or the next, they loaded the car onto a tow truck and took it to the courtyard of his house at the address: <address>. The purchase and sale agreement was concluded for his son on the same days. They gave Chunarev part of the money, and he formalized the agreement. Then we paid the rest, paid for the car in full, just XXX rubles.

The MAF witness questioned at the preliminary court hearing testified that in early July 2012 the plaintiff called him and said that he needed to look at the car. They went to the "address" with D.I. Gomoyunov. and his father. At the entrance to <address> there was a car <data taken> after the accident. We looked at the car, Gomoyunov’s father D.I. I called the PAE tow truck, and on the same day the car was taken by tow truck to the Gomoyunovs’ home at the address: <address>. The purchase and sale agreement was concluded after the car was brought to the Gomoyunovs. The plaintiff gave Chunarev M. half the amount for the car, a week later another half, in total he gave about XXX rubles.

After listening to the plaintiff and studying the materials of the civil case, the court established the following circumstances relevant to the case.

xx July 2012 between Chunarev M.Yu. and Gomoyunov D.I. a contract for the sale and purchase of a car “<data taken> was concluded, according to which Chunarev M.Yu. sold to Gomoyunov D.I. controversial car for XXX rubles (case file 8).

The car <data seized> was handed over to Chunarev M.Yu. in the ownership of Gomoyunov D.I. on the day of signing the contract, which is confirmed by the transfer deed to the contract for the sale and purchase of vehicles dated July xx, 2012 (case sheet 9).

Defendant Chunarev M.Yu. received from Gomoyunov D.I. funds in the amount of XXX rubles as payment under the contract for the sale and purchase of a car <data taken>.

According to the vehicle registration certificate, series No., the owner of the car <data taken> is Chunarev M.Yu. (case file 10).

In accordance with the vehicle passport (duplicate), series No. dated 04/04/2012, M.Yu. Chunarev, registration date 05/05/2012 (case sheet 11-12), is listed as the owner of the car brand “data seized”.

Based on the writs of execution: writs of execution dated 06/06/2003, issued by the Perm Regional Court in case No., the bailiff of the Kambarsky ROSP UFSSP of Russia for UR 11/09/2011 initiated enforcement proceedings against the debtor Chunarev M.Yu. in favor of the claimants Pontorochina G.D., Sterkhova V.A., Tarasova E.V. (case sheets 26,27,28).

By the resolution of the bailiff on the consolidation of enforcement proceedings into a consolidated one dated November 11, 2011, these enforcement proceedings were combined into a consolidated enforcement proceeding, which was assigned the number No. (case file 29).

According to the vehicle registration card, the owner of the car <data taken> is Chunarev M.Yu. (case sheet 30).

By Resolution No. on the ban on deregistration, changing registration data, carrying out state technical inspection of vehicles dated July xx, 2012, the bailiff of the Kambarsky ROSP UFSSP of Russia for the UR VAG imposed a ban on deregistration, changing registration data, including car <data seized>, registered to Chunarev M.Yu. (case file 14).

These circumstances were established at the court hearing by the explanations of the plaintiff and the defendant, the testimony of witnesses, the evidence presented and the parties are not disputed.

Having assessed the evidence presented in its entirety, the court comes to the conclusion that the claim of D.I. Gomoyunov is satisfied. for the following reasons.

According to Art. 119 of the Federal Law of 02.10.2007 No. 229-FZ “On Enforcement Proceedings”, in the event of a dispute arising regarding the ownership of the property subject to foreclosure, interested parties have the right to apply to the court with a claim to release the property from seizure or exclude it from the inventory .

In the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 10, the Plenum of the Supreme Arbitration Court of the Russian Federation No. 22 dated April 29, 2012 “On some issues arising in judicial practice when resolving disputes related to the protection of property rights and other property rights”, it is explained that, within the meaning of Article 119 Federal Law “On Enforcement Proceedings”, when seizing in order to secure a claim or execution of executive documents on property that does not belong to the debtor, the owner of the property (the legal owner, another interested party, in particular the non-owning pledgee) has the right to file a claim to release the property from seizure.

By virtue of Part 2 of Art. 442 of the Civil Procedure Code of the Russian Federation (Protection of the rights of other persons in the execution of a court decision or a decision of a state or other body), a dispute brought by persons who did not take part in the case related to the ownership of the property subject to foreclosure is considered by the court according to the rules of claim proceedings. Claims for the release of property from seizure (exclusion from the inventory) are brought against the debtor and the claimant.

According to Part 2 of Art. 218 of the Civil Code of the Russian Federation, the right of ownership of property that has an owner can be acquired by another person on the basis of a purchase and sale agreement, exchange, donation or other transaction for the alienation of this property.

By virtue of Part 1 of Art. 454 of the Civil Code of the Russian Federation, under a purchase and sale agreement, one party (seller) undertakes to transfer the thing (product) into ownership of the other party (buyer), and the buyer undertakes to accept this product and pay a certain amount of money (price) for it.

In accordance with Art. 223 of the Civil Code of the Russian Federation, the right of ownership of the acquirer of a thing under a contract arises from the moment of its transfer, unless otherwise provided by law or contract. In cases where the alienation of property is subject to state registration, the acquirer's ownership rights arise from the moment of such registration, unless otherwise provided by law.

Unless otherwise established by law, the right of ownership of the acquirer of a motor vehicle under the contract arises from the moment of its transfer.

The plaintiff presented a contract for the sale and purchase of a car <data taken>, concluded with Chunarev M.Yu. xx July 2012 in simple written form.

Notarization of such an agreement is not required. The contract has not been challenged by anyone, and the court has no grounds to consider it void.

By virtue of Part 1 of Art. 224 of the Civil Code of the Russian Federation, transfer is recognized as the delivery of a thing to the acquirer, as well as delivery to a carrier for shipment to the acquirer or delivery to a communications organization for forwarding to the acquirer of things alienated without the obligation of delivery. The thing is considered delivered to the acquirer from the moment it actually comes into the possession of the acquirer or the person indicated by him.

The controversial car was handed over to D.I. Gomoyunov. xx July 2012, as follows from his explanations, the explanations of the defendant Chunarev M.Yu. and the testimony of the interrogated witnesses of the State Traffic Safety Inspectorate and the IAF (case sheet 60-61), and is also confirmed by the transfer deed to the contract for the sale and purchase of vehicles (case sheet 9).

In accordance with the terms of the agreement, the cost of the car is XXX rubles. From the plaintiff’s explanations it follows that he handed over to Chunarev M.Yu. on account of the purchased car in cash, an advance payment of XXX rubles, then another XXX rubles, that is, he paid for the car in full.

Defendant Chunarev M.Yu. confirmed this fact and admitted that payment for the car under the purchase and sale agreement by Gomoyunov D.I. was produced in full.

Thus, the defendant Chunarev M.Yu. he did not deny the fact of concluding a contract for the sale and purchase of a car, receiving funds under it in full, as well as transferring the car to the new owner, that is, the conclusion and actual execution of the transaction.

In addition, the GIA witness testified that his son Gomoyunov D.I. fully paid for the car <data taken> with Chunarev, first gave part of the money, then the rest of the amount, a total of XXX rubles. He confirmed that the photographs included in the case file show the car <data taken>, which they examined in the area <address> and brought by tow truck to the courtyard of their house, where it is located (case sheet 60, reverse).

The MAF witness testified that for the car <data taken> the plaintiff first gave Chunarev half the amount, and a week later another half, in total about XXX rubles. The attached photographs show this car in the courtyard of the Gomoyunovs’ house (case file 61).

The witness PAE, questioned at the preliminary court hearing, testified that he has a personal crane <data taken>. The father of the GIA plaintiff called him at the beginning of July 2012 and asked him to transport a passenger car to him from <address>. He drove to <address>, there was a broken-down passenger car <data taken>, which he took to the courtyard of the house at <address>.

The court has no reason not to trust the testimony of witnesses, since they are consistent and do not contradict each other, the explanations of the plaintiff and defendant, and the case materials.

The court believes that these circumstances confirm the actual settlement under the contract for the sale and purchase of a motor vehicle and the transfer of the car to the plaintiff, therefore, the transfer of ownership of the car to the plaintiff D.I. Gomoyunov.

Therefore, the court comes to the conclusion that on July xx, 2012, that is, at the time the bailiff of the Kambarsky ROSP UFSSP of Russia for the UR VAG issued Resolution No. on the ban on deregistration, changing registration data, conducting state technical inspection of vehicles, controversial the vehicle <data taken> belonged to the plaintiff Gomoyunov D.I. on the basis of a car purchase and sale agreement concluded between Chunarev M.Yu. and Gomoyunov D.I. xx July 2012.

The plaintiff's ownership of this car arose regardless of the presence (absence) of registration of ownership with the traffic police. Current legislation does not make the acquisition of ownership of motor vehicles dependent on their registration with the traffic police. The period of such registration after the transfer of ownership of the vehicle is not limited by law.

Within the meaning of Part 3 of Article 15 of the Federal Law “On Road Traffic Safety”, registration of a motor vehicle with the State Road Traffic Safety Inspectorate includes registration of a motor vehicle with the issuance of a technical passport to a specific person (owner), indicating in this passport the numbers of vehicle units and issuing state license plate. At the same time, the law does not establish that transactions made in relation to vehicles (movable property) are subject to mandatory state registration, and does not establish a rule that ownership of this property arises only after registration of the vehicle with the internal affairs bodies.

State registration of vehicles is provided for by the Federal Law “On Road Traffic Safety” in order to allow them to participate in road traffic, but is not state registration in the sense that by force of law gives rise to ownership rights.

Considering that at the time of the issuance of Resolution No. on the ban on deregistration, changes in registration data, state technical inspection of vehicles dated July xx, 2012, the disputed vehicle did not belong to the debtor Chunarev M.Yu., in respect of whom a ban was imposed on deregistration, change of registration data, and the plaintiff in the case Gomoyunov D.I., the court considers that it is subject to exclusion from Resolution No. dated 07/07/2012, issued by the bailiff of the Kambarsky ROSP UFSSP of Russia for the Udmurt Republic VAG in the framework of consolidated enforcement proceedings No., prohibition on deregistration and change of registration data in relation to the car <data seized>.

The provisions of Article 56 of the Code of Civil Procedure of the Russian Federation were explained to the persons participating in the case in terms of the parties proving the circumstances to which they refer; the persons participating in the case refused to provide additional evidence.

Guided by Article 194-199 of the Code of Civil Procedure of the Russian Federation, the court

Decided:

Claim of Gomoyunov D.I. to satisfy.

To exclude from Resolution No. dated 07/07/2012, issued by the bailiff of the Kambarsky ROSP UFSSP of Russia for the Udmurt Republic VAG within the framework of consolidated enforcement proceedings No., the ban on deregistration and change of registration data in relation to the car <data taken>.

The decision can be appealed on appeal to the Supreme Court of the Udmurt Republic through the Kambarsky District Court of the Udmurt Republic within a month from the date the decision was made in final form.

The full text of the decision was made on January 21, 2013.

Judge S.L. Efimov

What do you need to know?

It is important to know that arrest is a restrictive measure introduced either to ensure the fulfillment of a statement of claim or to reimburse debts.

The following have the right to introduce such restrictions:

• courts;
• customs;
• bailiffs;
• tax inspectorates.

Expert opinion

Morozov Ivan Severinovich

Legal consultant with 6 years of experience. Specialization: criminal law. Has experience in defense in court.

If an arrest procedure is carried out in relation to a car, then this property cannot be fully used by the owner, for example, he cannot carry out registration actions or transactions with it.

In other words, arrest is a restriction of the property rights of an individual or legal entity.

The legislative framework

The regulatory framework for the issue raised is Article 80 of Federal Law No. 229 of 2007, which contains the procedure for seizing property owned by the debtor.

Additionally, questions about the rights and obligations of each participant in the process are considered - the claimant, the debtor, witnesses and other persons who do not have a personal interest in the results.

The Code of Civil Procedure of the Russian Federation provides for a period of 30 days for appealing the arrest decision.

Moreover, Article 144 of the Code of Civil Procedure of the Russian Federation stipulates that interim measures will continue until the completed claim is fully satisfied or the court ruling is executed.

Authorized bodies

Order of the Ministry of Internal Affairs of the Russian Federation No. 1001 of 2008 indicates that registration activities with a vehicle will need to be stopped when bans or restrictions are introduced.

The latter can only be imposed by authorized bodies, which include:

1. FSSP. Bailiffs seize a car if it is included in a court order to collect debts for utility bills, taxes, penalties, alimony, mortgage interest, etc. Bailiffs contact the debtor if he does not plan to repay existing debts.
2. Investigative authorities. This method is used if a decision is made about the ownership of the car or the division of property. Until the court makes a final order, the property cannot be alienated. This measure acts as a way to secure a material claim, which, due to non-fulfillment of the conditions, may lead to confiscation of the vehicle.
3. Social authorities protection. Employees of this service seize real estate or movable things if their owners affect the legitimate interests of citizens under the age of majority.
4. Customs. They use arrests against vehicles attempting to illegally transport products across borders, during illegal imports, etc.
5. Traffic police Traffic police officers seize vehicles involved in traffic accidents.
6. Other bodies with similar powers.

Methods of appeal

The procedure for appealing the seizure of a car will depend on the initiator of such a decision: administrative and/or judicial procedures may be used in relation to bailiffs. For decisions made by the court, exclusively judicial procedure is used.

To appeal, you will need the following documents:

• Application addressed to the bailiff or statement of claim.
• Applicant's passport.
• Documents confirming ownership of the vehicle.
• Acts on making a decision on arrest.

Administrative procedure

The first stage of the appeal is an appeal to the bailiff service, which made a decision on this measure of encumbrance (Article 441 of the Code of Civil Procedure of the Russian Federation). It is necessary to write an application addressed to the bailiff indicating the reason for canceling the arrest sanctions and attaching supporting documents. To do this, you can use receipts for payment of a fine, alimony or other types of debt, a court order to complete a case in which the vehicle was the subject of a dispute, etc.

The application is considered within 10 days, but if a more detailed analysis of the problem is required, it can be increased to 15 days.

If the bailiff makes an unsatisfactory decision, you can file an application addressed to his immediate supervisor, and then to the chief bailiff in the corresponding region of the Russian Federation. If such actions do not bring the desired result, the car owner has the right to go to court.

Judicial order

Going to court is considered a more effective appeal option, the nuances of which are established by Art. 144 Code of Civil Procedure of the Russian Federation. The claim can be filed personally by the applicant or his authorized representative. In the latter case, it is necessary to issue a power of attorney from a notary indicating the powers of the legal representative.

Important! A complaint about the seizure of a car should be filed with the court that made the decision on the restrictive measure.

To appeal, you must file a statement of claim, indicating:

• Information about the court, the number of the arrest case and the name of the judge on it.
• Information about the plaintiff (full name, registration and residence address, telephone number, etc.).
• Information about the defendant who initiated the imposition of restrictions on the vehicle.
• Information about the car.
• The essence of the issue and the arguments justifying the reasons for the abolition of such a restrictive measure.
• Please cancel the restrictions.
• A list of documents confirming the groundlessness or illegality of actions.

After the court considers the claim and makes a positive decision, it is recommended that you independently deliver a copy of the documents on the removal of the seizure from the car to the bailiffs and the traffic police. Despite the fact that the document should be automatically sent to the appropriate structures, this process may take a long time, so it is recommended to personally deal with this issue in order to avoid problems and misunderstandings in the future.

Once all involved agencies have been notified of the lifting of the impound, the owner will once again have legal use of the vehicle without any restrictions.

Arbitrage practice

The result of the consideration of the case depends on the circumstances in each specific case, the correctness of the claim and the arguments provided. The review period usually does not exceed 30 days. If these deadlines are exceeded, you can write a statement addressed to the chairman. Within 5 days after its adoption, the chairman makes a decision on the consideration of the case, which indicates specific measures to speed up the proceedings.

If the outcome of the case is unsatisfactory, its results can be appealed to a higher authority. In this case, it is important to think through your action plan and analyze errors that could prevent the application from being satisfied. To do this, you can contact professional lawyers who will help you file your claim correctly and protect your interests in court.

Statement of claim for the release of property from seizure

If the rights of the property owner are violated during the seizure, he has the right to file a claim in court to release the property from seizure. The same procedure is used to resolve the issue of canceling other security measures by the bailiff when fulfilling the requirements of the writ of execution.

We invite you to familiarize yourself with: Donation agreement without a notary: for a house and apartment

Birobidzhan Answers from lawyers (4) Novy Urengoy Hello.

A sample statement of claim for the release of property from seizure and its exclusion from the inventory, taking into account recent changes in legislation.

If the rights of the claimant or debtor are violated during the seizure, they have the right to appeal against the actions in accordance with Article 441 of the Civil Procedure Code by submitting to the court a statement challenging the actions of the bailiff. The state fee is paid by the plaintiff based on the cost of the claim.

Jurisdiction of a claim for the release of property from seizure is determined by the place of residence of the defendants, and for real estate - by its location.

The property was seized illegally, since the listed property does not belong to the debtor _________ (full name of the defendant, debtor in enforcement proceedings). I am the owner of the property on the basis of _________ (indicate on what basis the seized property belongs to the plaintiff), in connection with which the property is subject to release from seizure.

To the bailiff of JV Elektrostal ____________________ Applicant: ___________________________, address: _________________________ 1. Cancel the decision to seize property in the form of a ban on registration actions dated ____________.2.

Exclude the following property from the seizure: - car brand __________ _____ year of manufacture as not belonging to the debtor.

“___” _____________ year ___________ Fill out the feedback form.

Describe your question in as much detail as possible in simple words. For a written response, please include your return email address.

Within a day, the lawyer will respond to you by email explaining the situation and recommendations on what to do next.

He has the right to seize and seize property that is in the ownership, operational management or economic management of the debtor - that is, _______________ And the seized property does not belong to the debtor, that is, ____________, by right of ownership. The seized property, the car indicated above, belongs to me, ________________________, as evidenced by the car purchase and sale agreement dated ___________.

, states that arrest, seizure (inventory), foreclosure is determined on the property of the debtor.

Customs authorities - if there are suspicions of incorrect customs clearance of a car imported from outside the Russian Federation. Lifting the ban on the alienation of the car The claim is motivated by the fact that DD.MM.YYYY the plaintiff acquired from A.P. Silin. car ( ) for rubles.

Since there was no need for a technical inspection, the plaintiff was additionally included in the insurance policy on compulsory civil liability insurance of vehicle owners, and therefore did not register the car in his name in a timely manner. Deregistration (for sale) Sample application for lifting the ban for registration actions The starting point here is the date specified in the purchase and sale agreement of the car. Having presented this document to the traffic police officer, he must use the database to check whether the new owner has registered the car in his name.

How to check if the arrest has been lifted?

If such a service is provided on the website of the relevant government agency, you can check the car for seizure (removal) online. If it is impossible to conduct such a check remotely, you will have to personally submit an application to the authority and wait for a response.

Read more: Sample contract for paid legal services

The seizure of a car, as well as its removal and appeal (filing a complaint) can be carried out by the owner of the car or an authorized representative. When writing an application, you must pre-pay the state fee, make copies of the necessary documents and clearly indicate the reason for your application. After receiving a positive decision, it would be a good idea to check whether the information about the removal of the arrest is reliable by submitting an official request to the relevant government agency.

Often, a procedure for imposing an encumbrance on property, including a vehicle, is applied to debtors. If certain circumstances exist, the restriction can be lifted, but to do this you need to contact the appropriate authority - the FSSP or the court.

Today we will talk about how to correctly draw up an application to remove the seizure from a car. You will also find a sample of this document in this article.

What is it for?

A car can be seized by a bailiff as part of proceedings opened against the debtor or by a court as an interim measure.

It is possible to remove the seizure from a car by bailiffs or the court through an application - an official request to release the car from restrictions for a specific reason (due to full repayment of the debt, receipt of a court decision to release the property from seizure, or the cancellation of the decision to seize by a higher bailiff).

How to write correctly?

An application to the bailiffs to remove the seizure from the car is written in free form addressed to the senior bailiff at the FSSP. It is recommended to adhere to the following composition scheme:

1. Name of the bailiff department, address and full name. the applicant;
2. Data on the production, a list of property (indicating the name, brand, number and other information) from which the arrest should be lifted, grounds for cancellation;
3. List of applications (available), date of compilation and signature of the applicant.

An application to the court to remove the seizure from a car must be drawn up according to the rules established by the Code of Civil Procedure of the Russian Federation. Whether the court will accept it for consideration depends on the correctness of its writing. A well-written document consists of the following information:

• “header”, in which the name of the court, full name, addresses of the plaintiff and defendant, and their contact numbers are written;
• case number;
• a brief description of the situation (the date of the court ruling on the imposition of the restriction, the reasons for the plaintiff’s disagreement with this, links to articles of law that justify the cancellation of the seizure of the car);
• a request to cancel the imposition of security on a vehicle (name, make, registration number);
• date of filing the claim and signature of the applicant.

Where to submit?

An application to remove the seizure of a car imposed by bailiffs or a court can be submitted to one of two authorities, either in person or by registered mail via Russian Post.

If the car is seized by a bailiff, the document is sent to the FSSP department, where enforcement proceedings have been initiated. As for the court, the claim should be filed with the authority where the civil case was opened, and within the framework of which interim measures were taken in the form of seizure of the car (as a rule, this is a district or city court).

When submitting a document to a government agency in person, the applicant is recommended to prepare a second copy to mark receipt by the court office or FSSP department.

Application samples

For the convenience of writing an application, you can use the templates we offer, and then modify the appropriate one in accordance with the specific circumstances on the basis of which the car was seized.

To the bailiffs

Applications to the bailiffs from the new owner of the car can be found here: https://yadi.sk/i/E5S46hBW3ZAGHG

How to remove a lien from a car?

It is possible to remove the arrest from a vehicle only after all the requirements presented to it are satisfied by the owner.

Moreover, it is important to take into account some nuances:

1. A ban on the disposal of a car is effective only after the court issues a corresponding court order. If a judicial act does not comply with the law, that is, it is unlawful, then it can be challenged on appeal.
2. The bailiff is obliged to send the owner of the car a seizure order, which will indicate the reason for applying the restrictive measure. If the debtor does not accept the decision, he may demand an explanation of the details of the proceedings.
3. If the location of the owner of the car and the property itself remains unknown, the court issues a ruling banning registration actions against him. The next step is to put the car and the citizen on the wanted list.

Court imposed

If the restrictive measure was imposed by considering the claim by the court, then the owner of the transport claim can also file a claim for consideration.

It is important to take into account that it is correctly formatted, and also has links to current regulations.

Before purchasing, you must have the car seized by bailiffs. What to do if the car is seized by bailiffs? Find out here.

Imposed by the bailiffs

If the arrest was imposed by the bailiffs, then you need to contact the FSSP to find out how to remove it.

If debt obligations were repaid before the introduction of restrictive measures, then supporting documents are submitted to the bailiffs.

traffic police

If restrictive measures are introduced by the traffic police, they can be removed.

To do this, the inspector must inspect the vehicle and make sure personally that the numbers assigned to the units and components have not been changed.

Legislative framework for car seizure

If it becomes necessary to seize a vehicle from the owner in order to prevent violation of its operational use, as well as to prevent violation of the rights and freedoms of citizens, the car is detained in accordance with the Administrative Code of the Russian Federation, Article No. 27.13. At the same time, the third paragraph of this article establishes that those officials who can and are authorized to draw up a protocol on the violation have the right to carry out this action.

According to the next fourth subparagraph, this document must contain the following data: date, place, reason for detaining the vehicle, position and surname of the official who detained the vehicle, preventive measure. After the protocol is completed, a copy of it is provided to the offender (the owner of the seized car). The procedure and process of seizure by bailiffs is described in the law “On Enforcement Proceedings”.

A vehicle that has become an instrument of an administrative offense in a protected area of ​​the Russian Federation can be arrested in accordance with the protocol, a sample of which is described in Appendix No. 6 of the order of Rosprirodnadzor (date: June 14, 2007, No. 165). At customs, stopping and detaining a car or any other vehicle is carried out in accordance with Article No. 261, Part 7 of the Law on Customs Regulation, registered under number 289 of August 3, 2021.

The procedure for seizing a car

If a customs arrest is made at the border, such an action is regulated by the customs code of the Eurasian Economic Union. In particular, Article No. 264 of this regulatory legal act establishes the conditions for the temporary import of vehicles into Russian territory or export abroad (to the territory of the Union).

Also, the process and procedure for seizing a car at customs is regulated by the International Convention, designed to simplify all the described actions of customs officials. Thus, standard No. 11 describes several situations in which a car is seized. For example, these include the need to seize (confiscate) car property or appear in legal proceedings in an already initiated case.

Sample application for lifting the ban on registration actions

If a debt is discovered, the bailiffs will issue a cease and desist order. This document is sent to the traffic police.

Based on this paper, the owner must eliminate the offense, or fulfill obligations - pay, for example, a fine. If there is a decree imposing a ban, the owner, as a rule, will not be able to sell the car and re-register it until he fulfills his obligations.

Removing restrictions on vehicle registration in 2019: procedure

However, other actions with this vehicle are not prohibited.

In fact, a ban on car registration is only one of many types of restrictions. Prohibitive measures regarding car registration are established in order to encourage the car owner to pay money that he owes to government agencies or individuals.

The following authorities have the authority to apply such measures: the judicial authorities, as well as the service of bailiffs; customs Service; social protection; investigative authorities, including the search departments of the traffic police.

Who has the right to seize a car?

A vehicle may be seized by the authorized bodies:

• a judicial authority or a bailiff (most often this happens when there are large debts for alimony, tax payments, loans, including for a car);
• customs government authority;
• traffic police officer (traffic police);
• criminal investigative agency.

The traffic police most often arrest a car for illegal parking. In this case, the car is taken to the impound lot on a tow truck.

A car can be seized for various reasons.

Procedure

To remove the ban from a vehicle, you will need to perform several steps:

1. Find out which official made the decision to seize the car and the reason for it. To do this, you can use Internet resources, since the information is not secret.
2. Contact the MREO to obtain a photocopy of the resolution with the sanctions that were applied. It is important to carefully study the documents and decide whether the measure taken actually complies with the law.
3. If a decision made by an authorized person is illegal, it is subject to appeal. If the application fully complies with the letter of the law, then the reason for the restriction must be eliminated - pay off the debt, return the damage, etc. After this, a request to lift the sanctions is drawn up.
4. A decree is then issued stating that the restrictions have been lifted.
5. Documentation is often sent to the traffic police late. If it is necessary to shorten the deadline, then you can take a photocopy of the document confirming the payment of the debt and lifting the ban yourself.

Required documents

To remove the arrest from a car, you will need to collect a small package of documents:

• arrest warrant;
• vehicle registration certificate, technical passport;
• application to lift the arrest;
• documentary evidence of repayment of obligations and debts (if any).

Sample statement of claim

A sample claim will help when preparing the document. It, like the original, is designed in accordance with the rules of civil proceedings.

A sample application to remove the seizure from a car is here.

Procedure for lifting arrest

Before submitting a package of documents to one of the authorities, you must pay the state fee. The current account and other details for depositing funds can be clarified with the government agency to which you plan to submit the appeal. You should definitely find out which bank accepts such payments.

Required documents

Application for cancellation of interim measures in a civil case - sample

Among the documents that need to be provided in the package with the submitted application, in addition to photocopies of the passport and identification number, you should provide a correctly completed application and a check confirming payment of the state fee.

Important! The amount of the state duty may vary depending on the reason for imposing restrictions on the use of the vehicle

Also attached are other papers that relate to evidence of unlawful seizure or confirm the elimination of the reasons that caused it (for example, a certificate of loan repayment, a receipt for payment of alimony, confirming that the applicant is no longer a debtor).

Statement of claim to remove seizure from a car

When filing a claim, you must describe not only the essence of the issue, but also correctly and consistently indicate the personal data of the applicants and the registration details of the car. The procedure for entering data into the submitted application:

1. The full name of the judicial organization that is responsible for the decision to seize the car (for example, the district court of the city of Samara), its official address.
2. Details of the plaintiff (applicant): starting with full name, ending with address and telephone number for contact, if it is impossible to determine the exact address - the last known location.
3. Information about the defendant (same data). Information for the first three points is indicated at the top of the sheet on the right.
4. Document title : “Application to lift the arrest” (indicated in the middle of the page).
5. History of circulation . This paragraph necessarily mentions what case will be discussed next; for example: “Case No. 264/76 is in judicial proceedings, the claim for which was filed by Ivan Ivanovich Petrov...”.
6. The result of the plaintiff’s appeal , for example, “... to secure the specified claim, property (car) number EA73636AA was arrested...”. The date on which these interim measures were taken should also be indicated.
7. Description of the circumstances due to which the above measure can be legally lifted.
8. An indication of the rule of law , for example, an article of law or code, according to which the removal of the measure will be lawful (“...according to the Code of Civil Procedure, Article No. 144”).
9. The last part of the statement begins with the words “ Based on the above (stated above)”, followed by a new subtitle, which is written in the middle of the line: “I ask.”
10. At the end of the application to the court, you need to insert a phrase about canceling the measure : “Cancel the measures regarding the car EA73636AA.”

Sample (example) of an application to the court

Note! Immediately after the text part of the application, without skipping empty lines, you should put the current date (on the left side of the sheet) and a signature with your last name and initials (on the right side of the line).

Deadlines

The timing of the lifting of the arrest cannot be determined with precision. They will directly depend on the circumstances of the case, as well as the composition of the package of documents.

You can check the car for arrest at the traffic police. How to seize a car using its VIN code? Read here.

How to check a car for arrest by state number? Detailed information in this article.

A citizen who wishes to remove the restriction in the form of arrest from his vehicle must submit a personal application to certain authorities.

Expert opinion

Morozov Ivan Severinovich

Legal consultant with 6 years of experience. Specialization: criminal law. Has experience in defense in court.

We will tell you how to prepare a statement of claim to the court, what rules to follow when drawing up an appeal to the traffic police and the bailiff service, and also give an example of ready-made sample statements.

The content of the article:

Ways to lift the ban, algorithm of actions

To return your previous powers, you need to proceed as follows:

1. Contacting the traffic police and obtaining information about existing restrictions.
2. Studying papers to determine the grounds for the ban. If you disagree with the reasons, the decision can be easily challenged. If comments are approved, they must be eliminated
3. Receiving a decision to lift restrictions. The procedure follows the same sequence as when imposing a ban.

The car owner has two options:

• Court. If the necessary documents are available, a claim is filed in court. The application is reviewed within four to eight months. If the decision is positive, you need to contact the FSSP and receive a decision (issued within 30 days). The court ruling is sent to the traffic police to lift the ban.
• Through the FSSP. The car owner writes a statement to the bailiffs. The application must be accompanied by documents confirming the payment of a fine, documents confirming the payment of alimony, and a court order.

Rules for writing an application to remove the seizure from a car

To correctly file a claim, you must follow these simple rules:

1. Divide the document into several parts. There must be an introductory part, which includes the “header” of the document and the name, the main part and the final part.
2. Place a “header” on the right side of the sheet, at the top.
3. The “header” should indicate the details of the plaintiff, the defendant (full name, address and contact information), as well as third parties and authorities (FSSP, traffic police).
4. Write the title of the document in the middle, after the header. Write the name in capital letters, without punctuation.
5. In the content, indicate in what case the arrest was imposed, what measures were applied (restriction, arrest), what and when the decision on the case was made.
6. In the main part, reflect the reasons for your appeal and the grounds for arrest.
7. Refer to regulations when making requirements.
8. In the final part, you must put forward demands to the court or a request to the traffic police, FSSP - to cancel the seizure of property, in particular for a certain car. Don't forget to include your car details.
9. Please include the date at the end of the document when you will submit your application.
10. A personal signature must appear next to the date. If a legal representative applies, he must sign.

Prepare several copies of statements

1. If you go to court , then one copy must be handed over to the court, the second - to the defendant, the third - to keep for yourself as confirmation of acceptance, other copies are sent to third parties participating in the case.
2. If you send an application to the FSSP or the traffic police , then two copies of the application will be sufficient. One is submitted to the authority, and the other, signed by the employee, you keep for yourself to confirm your application.

Sample application to remove the seizure from a car and a ready-made form for downloading

You can use a ready-made application form.

Sample application to remove the seizure from a car:

Read our other articles. They will help you figure out how to properly prepare documentation for different authorities and institutions.

Still have questions? Just call us:

Seizure of property is a popular way to enforce a judgment. But what if the arrest was made illegally? The procedure for exemption from it will come to the rescue, which can be initiated at the request of the interested person.

In this article we will tell you how to correctly fill out an application for the release of property from seizure through the court and the bailiff, when and to whom it needs to be submitted.

How to remove a lien from a car?

1. A ban on the disposal of a car is effective only after the court issues a corresponding court order. If a judicial act does not comply with the law, that is, it is unlawful, then it can be challenged on appeal.
2. The bailiff is obliged to send the owner of the car a seizure order, which will indicate the reason for applying the restrictive measure. If the debtor does not accept the decision, he may demand an explanation of the details of the proceedings.
3. If the location of the owner of the car and the property itself remains unknown, the court issues a ruling banning registration actions against him. The next step is to put the car and the citizen on the wanted list.

Court imposed

Imposed by the bailiffs

traffic police

Causes

A ban on registration actions is possible in the following cases:

• Violation of the integrity of the license plate.
• Controversial situations during divorce proceedings.
• Presence of unpaid traffic fines.
• There are car tax debts.
• The owner has accumulated loan debt.
• During the importation of the car, legal norms were violated.
• There are problems with the law.
• The owner does not pay child support.

To restrict actions with a car, a decision of a judicial authority is required.

How to make an application

An application for the release of property from seizure must contain:

• Name of the court to which the application is filed;
• Full name or names of persons participating in the case;
• Full name of the bailiff - executor, details of the writ of execution or other writ of execution;
• Details of the documents on the basis of which the encumbrance was created;
• Violations committed by the bailiff when seizing the debtor’s property;
• Evidence confirming the illegality of the bailiff’s actions;
• Request to cancel the seizure of property;
• Date and signature of the applicant - debtor.

APPLICATION for cancellation of security for the claim

(in accordance with Article 144 of the Code of Civil Procedure of the Russian Federation)

On June 4, 2019, the Monchegorsk City Court of the Murmansk Region issued a ruling in case No. 2-__________/19 on the seizure in order to secure the claim of __________ E.A. on the recovery from me in her favor of damage caused by a traffic accident on my property, a HONDA CIVIC car, state registration plate __________51.

On September 27, 2019, on the basis of a writ of execution issued by the court on August 23, 2019, the bailiff department of the city of Monchegorsk of the Federal Bailiff Service for the Murmansk Region initiated enforcement proceedings No. __________/19/51007-IP.

I fulfilled the requirements of the court decision and on January 16, 2020, the bailiff of the OSP of the city of Monchegorsk, the Federal Bailiff Service for the Murmansk Region, completed the enforcement proceedings in connection with the fulfillment of the requirements of the writ of execution in full.

By virtue of Art. 144 of the Code of Civil Procedure of the Russian Federation, security for a claim can be canceled by the same judge or court at the request of the persons participating in the case, or at the initiative of the judge or court.

The issue of canceling security for a claim is resolved at a court hearing. Persons participating in the case are notified of the time and place of the court hearing, but their failure to appear is not an obstacle to consideration of the issue of canceling the security for the claim.

In case of refusal of the claim, the measures taken to secure the claim are preserved until the court decision enters into legal force. However, a judge or court, simultaneously with the adoption of a court decision or after its adoption, may issue a court ruling on the cancellation of measures to secure the claim. If the claim is satisfied, the measures taken to ensure it remain in effect until the court decision is executed.

The judge or court shall immediately notify the relevant state or local government bodies that register the property or rights to it, their restrictions (encumbrances), transfer and termination of the cancellation of measures to secure the claim.

Taking into account the fact of execution of the court decision, which is confirmed by the documents attached to this application, on the basis of paragraph 4 of Article 144 of the Code of Civil Procedure of the Russian Federation,

Ask:

1. To cancel the security for the claim in the form of seizure of the property belonging to me: a HONDA CIVIC car, state registration plate __________51, adopted by the decision of the Monchegorsk City Court of the Murmansk Region in case No. 2-__________/19 dated 06/04/2019.

Sample application for the release of property from seizure

In XXXX district court

Applicant: Full name, address, telephone, email address

Interested person: full name, address, telephone, email address

on the release of property from seizure

In accordance with the writ of execution No. ХХХ dated ХХ.ХХ.ХХХХ, issued by ХХХХ district court, the bailiff ХХХХХ arrested the property belonging to ХХХХ (debtor), namely: ХХХХХ (resolution dated ХХХХ, No. ХХХХ).

When carrying out the arrest of the specified property, the bailiff committed the following violations: XXXXX.

These violations are grounds for canceling the seizure imposed on the property.

At the time of filing this application, the specified property has not been sold.

Based on the above and in accordance with Art. 442 Code of Civil Procedure of the Russian Federation,

Cancel the seizure of property on the basis of writ of execution No. ХХХ dated ХХ.ХХ.ХХХХ, issued by ХХХХ district court, in relation to the following property: ХХХХ.

1. A copy of the representative's power of attorney;
2. A copy of the application for the interested person;
3. Documents confirming the need to cancel the arrest, namely: XXXX.

How to submit

The application must be submitted to the court at the location of the bailiff - the executor who seized the disputed property. If the writ of execution was issued by a court of general jurisdiction, the application is submitted to the court of general jurisdiction.

If the writ of execution was issued by an arbitration court, an application for the release of property from seizure must also be submitted to the arbitration court at the location of the bailiff. The place where the writ of execution is issued does not matter.

If the powers of a bailiff extend to several districts, each of which has a court (interdistrict department of the FSSP), then the application must be submitted to the court of the district in whose territory the legal consequences of the actions of the bailiff arise (clause 8 of the Resolution Plenum of the Armed Forces of the Russian Federation of September 27, 2021 No. 36).

This is the area in which enforcement proceedings are carried out.

An application can be submitted by a debtor whose property has been encumbered.

State duty

An application for the release of property from seizure is not subject to state duty.