Does the bailiff have the right to seize the credit account?
Does the bailiff have the right to seize the credit account?
Account that is opened in accordance with the terms and conditionsloan agreement, is not subject to arrest and, accordingly, to blocking, since the funds in the credit account are not the income of the debtor. However, sometimes there can be cases when the credit account is seized and the money is written off by the bailiff.
Why does the bailiff attach an arrest to the account?
The duties of the bailiff-executor(hereinafter bailiff) includes the execution of a decision, determination, court order, judicial acts and acts of other authorized bodies, which is fixed in the writ of execution or a court order. In other words, the court renders the decision to arrest the bank account, and the bailiff fulfills this decision. One of the main duties of the bailiff is, as a rule, to recover money from the debtor in favor of the recoverer, as determined by the court. The procedure for collecting means the seizure or withdrawal of valuables, including cash and cash on hand. Upon receipt of the writ of execution or other document with the court decision on recovery, the bailiff must send out inquiries to banks or other lending institutions in response to which the presence of the debtor's accounts must be indicated. Employees of banks provide information on the presence or absence of an account, and in the presence of a credit account they should put a corresponding mark when specifying it. But, sometimes it happens that the information that the account is a credit and the money on it is intended to repay the loan is not provided by the bank, as a result, the bailiff receives incomplete information about the account and can be seized on a credit account that automatically is blocked.In some banks, the blocking of the credit account occurs automatically, together with the deposit deposit, despite the fact that the officer charges only the escrow.
How to remove the arrest of a credit account?
To lift the seizure of a credit bank accountthe debtor has the right to cancel the actions of the bailiff to impose seizure. This can be done by providing information about the account opened under the terms of the loan agreement to the court, and you can also apply to the Federal Bailiff Service with a written application. On the one hand, the legislation of the Russian Federation does not clearly state the ban on the arrest of the debtor's credit account. On the other hand, the credit account is not intended for settlements, as a result of which, under the law, the imposition of the arrest procedure on credit accounts is not applied.If the write-off from the account, to which the arrest was seized, has already occurred, then it is necessary to write an application for the return of the written-off amount. Return of written-off funds can take up to ten days.If there is a situation in which there isthe likelihood of seizure of a credit account in a bank or a credit account has already been arrested, provide the bailiff with all the documented information on this account. The bailiff must take this information into account and, in the event of an already imposed arrest, has the right to cancel it.
