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Property that is not subject to seizure by bailiffs. What property cannot be seized by bailiffs? What to do when seized


  • performance list;
  • court order;
  • Realization of ownership.

    What property can bailiffs seize?

    Transfer of property to auction. If the property has not been sold within two months, it is offered to the plaintiff as repayment of the debt. In this case, the amount will be taken into account in the amount of 75% of the assessed value of the property. If the property is not sold and the plaintiff refuses to accept it, then it is given back to the owner.

  • Grounds for arrest;
  • Initial cost assessment;
  • Implementation period;
  • Signatures of those present.

  • Real estate registration certificate.

Seizure of income

If the contractor does not respond to your statements, then you will have to defend your rights in court. As in other cases, there are types of income that are not subject to sanctions, namely:

  • alimony;
  • insurance pension;
  • maternal capital.

  • Fuel (for home);
  • State awards, gifts and prizes.

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Seizure of the debtor's property

A large debt to a bank, company or individual is a matter that could potentially lead to serious trouble. If it is not possible to reach peaceful agreements, and the debtor does not find money in time to pay the loan and fines, then the time will come for the creditor to go to court. And the court may well make a decision to seize property belonging to the debtor.

What property is not subject to seizure by bailiffs. List (list) of property

What is meant by this term, and what exactly threatens the seizure of property?

Seizure of the debtor's property by a bailiff

If the debtor does not have the means to pay the debt, this does not mean that all claims against him will be withdrawn. In such cases, the court pays attention to the person’s property and decides to seize the property, that is, to permanently or for some period prohibit the debtor from disposing of it.

  • Seizure does not equate to confiscation and immediate sale of property. As a rule, the debtor has time to search for alternative solutions to the problem. However, the arrest may also result in confiscation if the person does not find the money.
  • The arrest is carried out by bailiffs - in order to carry out the procedure, they require clear legal grounds for such a measure, an official decision made by the bailiffs independently or at the request of the recoverer, and a writ of execution.

Is there property that cannot be seized?

The law does not provide a list of property that, in principle, cannot be seized. But there is a nuance - there are certain types of property that cannot be confiscated and sold even after seizure. For example, this applies to a single home - even if the owner is limited in the right to dispose of the apartment, they still will not be able to take it away for debts.

Is it possible to appeal a decision to seize property?

In some cases, upon seizure of property, its owner may file a lawsuit in court. Namely:

  • if the arrest was carried out in his absence;
  • if property belonging to the person’s relatives, and not to himself, was seized;
  • if the arrest was made unlawfully at all, in violation of procedure or without a serious legal reason.

In these and other situations, as well as when property is seized, which in principle cannot be sold, the debtor can remind of his rights - and most likely, the court will side with him.

The debtor's property is seized by bailiffs only after enforcement proceedings have been initiated. The basis for initiating proceedings is an order or a direct executive document.

Arrest procedure

The start of enforcement proceedings is the date the defaulter receives the notice and leaves a signature. After notification, debts must be repaid within two weeks from the date of receipt, otherwise they will be repaid forcibly.
In order for the arrest procedure to be carried out, the following grounds must be present:

  • performance list;
  • court order;
  • resolution to initiate enforcement proceedings.

These measures are applied to ensure the safety of property that will be sold or transferred to the claimant. Causing damage to seized property is a criminal offense. This measure is also used in the process of executing a court decision to impose sanctions or confiscate the debtor’s property. Procedure for seizure of property:

  • Inventory of property. This is a census of items that are the property of the defaulter, with the drawing up of a corresponding act;
  • Property valuation. Determination by an expert of the value of the confiscated property;
  • Realization of ownership. Transfer of property to auction. If the property has not been sold within two months, it is offered to the plaintiff as repayment of the debt. In this case, the amount will be taken into account in the amount of 75% of the assessed value of the property. If the property is not sold and the plaintiff refuses to accept it, then it is given back to the owner.

Procedure for inventory and drawing up an act

The procedure for inventorying property by bailiffs is an integral and most important part of the arrest. The inventory of property by bailiffs is carried out in the amount of the collection amount, and also includes enforcement costs and enforcement fees in payment.

How is property confiscated by bailiffs? The contractor notifies the defendant of the date and time of the inventory. An inventory of the debtor's property is made by bailiffs according to registration. During this process, in addition to the executor and the defaulter (or the person representing his interests), witnesses and, if desired, the debtor must also be present.

Before the start of the process, the executor must present his identification and a resolution stating that enforcement proceedings have been initiated. What can bailiffs seize? The inventory includes a fortune in the amount of debt and payment of additional expenses, that is, the executor does not have the right to impose sanctions on property whose value exceeds the amount of debt. At the legislative level, the form of the condition inventory act is established. This act covers the following points:

  • Grounds for arrest;
  • Date and place of confiscation;
  • Passport details of those present, including witnesses;
  • The name of things, with a full description of the characteristics and taking into account the distinctive features;
  • Initial cost assessment;
  • Data on restrictions on the use of confiscated goods;
  • Property storage information;
  • Implementation period;
  • Signatures of those present.

The person to whom the seized property was transferred for storage must be informed of the responsibility, as well as the prohibition to dispose of the property. The debtor is informed of the terms and procedure for appealing the arrest procedure.

The inventory act is drawn up in several copies. One remains with the executor, the other is handed over to the defaulter against receipt. Copies of the resolution and the inventory report are immediately sent to the parties to the enforcement proceedings. You can appeal the decision within 10 days, after which the implementation process begins.

Seizure of a car

In addition to the confiscation of cash, jewelry and luxury items, it is also possible to impose sanctions on transport. The seizure of a car by bailiffs occurs as follows. Upon arrest, the executor attaches an appendix to the inventory report with a detailed description of the vehicle, its condition, as well as the presence of tools and a first aid kit.

After the inventory, a resolution is sent to the traffic police prohibiting the deregistration of the vehicle, as well as changing the registration data and carrying out a technical inspection. After which the car is confiscated. If the owner of the car or his representative was not present at the time of the inventory, then after the confiscation the executors send a special report to the police stating that the car was seized without the debtor, and production data is also indicated.

Since 2016, driver's licenses can be seized by bailiffs for debts. Confiscation of rights for debts can be appealed if the debt does not exceed 10 thousand rubles and the vehicle is the main source of income.

Seizure of real estate

Seizure of real estate is the most extreme and complex measure of collection, but, nevertheless, the most effective. The executor is obliged to inquire from Rosreestr whether the debtor has real estate or not. If there is one, then the next step is to send a copy of the document on the seizure of real estate to the government authorities to block various actions, including the sale of possessions. The seizure of living space is complicated by the fact that the executor needs to create a package of documents to carry it out. This package includes:

  • State registration certificate;
  • Extract of property from the Unified State Register of Rights;
  • Real estate registration certificate.

If this is a private house or plot, then it is necessary to send a request to the relevant authorities to request from the debtor documentation proving ownership of the plot, as well as a cadastral plan. When making an inventory, it is necessary to inventory the property in great detail.

Seizure of income

Seizure of bank accounts and write-off of funds is the first thing the FSSP does. The account can be blocked, or, if this is the only source of income, a certain amount not exceeding 50% of the income can be written off, but sometimes the entire amount can be written off. What to do in such a situation?

If the salary card is blocked by the bailiff, then you should make an appointment with him and familiarize yourself with the production documents. You should also write an application and present a certificate from the accounting department from your place of work confirming that it is a salary job and that you receive income. In this case, the contractor is obliged to remove the block from the account.

The same should be done in case of complete debiting of funds from the card; you must present a certificate to prove that the salary is being transferred to the card. An old-age or disability pension is also income, as in the case of wages, bailiffs are allowed to write off no more than 50% of the full amount, this primarily depends on the individual life situation of each person.

If the contractor does not respond to your statements, then you will have to defend your rights in court.

Seizure of property by bailiffs

As in other cases, there are types of income that are not subject to sanctions, namely:

  • amounts received for damage caused to health;
  • pension assigned due to the loss of a breadwinner;
  • a pension assigned in connection with an injury that was acquired during the performance of official duties;
  • looking after an incompetent person;
  • payments to victims of man-made disasters;
  • compensation payments of various types (travel, treatment, child benefits, etc.)
  • alimony;
  • insurance pension;
  • maternal capital.

Property not subject to seizure

Many people are interested in the question: is it possible to avoid confiscation of property and what kind? The federal law has approved a list in which property is not subject to seizure by bailiffs. It includes:

  • The only living space suitable for living, and the land plot on which it is located (But if it is under a mortgage, or in addition to the property, there is rented housing, then the property is seized);
  • Personal items (with the exception of jewelry and luxury items) and household items (gas stove, refrigerator, etc. Furniture can be defended if it is presented in a single copy);
  • What is used for professional activities (Computer, musical instruments, car, etc.);
  • Personal farmstead (Commercial is subject to confiscation), pets (This paragraph applies to expensive purebred and rare animals. They are confiscated if there is space and conditions for keeping them) and seeds (For planting on the site);
  • Food products and the amount for them not exceeding the subsistence level for each family member;
  • Fuel (for home);
  • Items and means of transport necessary due to disability;
  • State awards, gifts and prizes.

This list of property not subject to seizure by bailiffs can be taken as a basis, but in different situations they are based on the individual case.

How to avoid inventory and arrest by bailiffs

Of course, there are ways to avoid seizure of the debtor’s property by a bailiff. The main one is the full repayment of the debt within a specified period from the date of notification of enforcement proceedings.

You can obtain a deferment of execution of the decision by going to court. In this case, you will have to pay on time, otherwise the order for installment payment will be invalid.

If property that does not belong to the debtor is seized, its estimated value is underestimated, income is unlawfully withheld, if the statute of limitations has expired, then the decision can be appealed within 10 days from the date of its issuance by the executor.

Don't shirk responsibility. When the debtor meets the executor halfway, he, within the framework of the law, can help obtain an installment plan to pay off the debt, reduce the amount of deduction of income to pay off the debt and establish an adequate estimated value of the seized property.

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The representative of the debtor may be one of the family members who have reached the age of majority. The defaulter has the right to offer his choice of items for inventory.

Redemption of seized property from a bailiff can only be made by an authorized person, but not by the debtor himself.

Filing bankruptcy will help stop production and lift sanctions.

What to do if, along with the property of a convicted person, bailiffs confiscate the belongings of his relatives or cohabitants? Investigated AiF in Belarus.

According to paragraph 1 of Article 61 of the Criminal Code of the Republic of Belarus, confiscation of property is the forced gratuitous seizure into the ownership of the state of all or part of the property that is the property of the convicted person.

Defend yourself – on your own

What to do if, along with the property of a convicted person, bailiffs confiscate the belongings of his relatives or cohabitants?

PROCEDURE

Clause 2 of Article 62 of the Criminal Code states that confiscation of property is carried out for grave and especially grave crimes committed for mercenary reasons, and can be ordered by the court only in cases provided for by the Criminal Code. As lawyer Ivan LADIGA explains, confiscation of property, as a type of additional criminal punishment, is carried out by bailiffs after the court verdict comes into force. This occurs after the expiration of the period allotted for its cassation appeal and protest, i.e. upon expiration of 10 days from the date of announcement of the verdict or from the day of delivery of a copy of the verdict to the convicted person.

If the verdict is appealed to the cassation court, then after the cassation court makes a ruling on the court’s verdict, the sentence comes into force immediately.

After this, the cassation instance sends the criminal case with the court verdict and its cassation ruling to the court of first instance, which considered the case.

Having received the case, the court of first instance, which passed the sentence on confiscation of the convicted person’s property, sends a copy of the sentence, a writ of execution and a copy of the inventory of property for execution to the bailiff at the location of the convicted person’s property.

The inventory of property shall indicate the full and exact name of each individual item or group of similar items of equal value, a detailed designation of the distinctive features of each item, the name of the material from which each item is made, as well as weight, color, dimensions, quality, percentage of wear and other features, compilation which are provided for by the legislation of the Republic of Belarus.

WHERE IS WHOSE PROPERTY?

When confiscating property, the rights and legitimate interests of family members of the convicted person living with him must be taken into account.

Courts must check whether the property described is owned by the accused, and if there is evidence that the arrest has been imposed on property that does not belong to the accused, the court, in the absence of a dispute about the ownership of this property, is obliged to decide on the exclusion of such property from the inventory, the lifting of the arrest and return it to its rightful owner.

Note that the court takes into account the existence of a marriage contract between spouses. If, according to the marriage contract, one of the spouses is the owner of specific property, in the event that the second spouse comes under the radar of law enforcement agencies, the first one can safely claim what belongs to him in accordance with the marriage contract.

As for property acquired before marriage registration, if necessary, you should apply to the court with a statement of claim to exclude this property from the inventory act. If you provide evidence of the acquisition of property before registering the marriage, the court has the right to recognize it as yours and exclude it from the inventory act.

According to paragraph 3 of Article 167 of the Criminal Executive Code, disputes about the ownership of property subject to confiscation by court verdict are resolved through civil proceedings. Therefore, even if you are not related to the convicted person, but lived with him and your property was seized, you have the right to appeal such a decision by presenting appropriate evidence that the seized things belong to you.

HOME, CLOTHING, FUEL

The list of citizens' property, which cannot be seized under executive documents, is indicated in the appendix to the Criminal Executive Code of the Republic of Belarus.

In particular, a residential building, apartment or individual parts thereof are not subject to confiscation if the convicted person and his family permanently reside in them, land plots on which the house and outbuildings are located, as well as plots necessary for running an agricultural or subsidiary plot.

Bailiffs do not have the right to take away livestock in the amount necessary to meet the needs of the convicted person’s family, agricultural seeds necessary for the next sowing, as well as feed for livestock if the convicted person’s main occupation is agriculture.

Do not confiscate household items, old clothes, some furniture (usually one bed and chair for each family member, one table, one closet per family), as well as all children's things, food, fuel intended for cooking and heating family premises.

In this case, fur and other valuable clothing, table sets, items made of precious metals, and also those of artistic value may be confiscated.

Money up to ten basic units (currently 210 rubles) for the convicted person and each member of his family, international and state awards and prizes awarded to the convicted person and members of his family, and equipment necessary for the continuation of the professional activities of the convicted person are not subject to confiscation.

Vehicles specifically designed for the transportation of disabled people will not be confiscated.

Collection cannot be applied to the following types of income:
1) sums of money paid in compensation for harm caused to health;
2) sums of money paid in compensation for damage in connection with the death of the breadwinner;
3) sums of money paid to persons who received injuries (wounds, injuries, concussions) in the performance of their official duties, and members of their families in the event of the death of these persons;
4) compensation payments from the federal budget, budgets of constituent entities of the Russian Federation and local budgets to citizens affected by radiation or man-made disasters;
5) compensation payments from the federal budget, budgets of constituent entities of the Russian Federation and local budgets to citizens in connection with caring for disabled citizens;
6) monthly cash payments and (or) annual cash payments accrued in accordance with the legislation of the Russian Federation to certain categories of citizens (compensation for travel, purchase of medicines, etc.);
7) amounts of money paid as alimony, as well as amounts paid for the maintenance of minor children during the search for their parents;
8) compensation payments established by the labor legislation of the Russian Federation:
a) in connection with a business trip, transfer, employment or assignment to work in another location;
b) due to wear and tear of a tool belonging to the employee;
c) sums of money paid by the organization in connection with the birth of a child, the death of relatives, and the registration of marriage;
9) insurance coverage for compulsory social insurance, with the exception of old-age pensions, disability pensions and temporary disability benefits;
10) pensions in case of loss of a breadwinner, paid from the federal budget;
11) payments to pensions in the event of the loss of a breadwinner from the budgets of the constituent entities of the Russian Federation;
12) benefits to citizens with children, paid from the federal budget, state extra-budgetary funds, budgets of constituent entities of the Russian Federation and local budgets;
13) funds from maternity (family) capital provided for by Federal Law No. 256-FZ of December 29, 2006 “On additional measures of state support for families with children”;
14) the amount of one-time financial assistance paid from the federal budget, budgets of constituent entities of the Russian Federation and local budgets, extra-budgetary funds, from funds of foreign states, Russian, foreign and interstate organizations, and other sources:
a) in connection with a natural disaster or other emergency circumstances;
b) in connection with a terrorist act;
c) in connection with the death of a family member;
d) in the form of humanitarian aid;
e) for providing assistance in identifying, preventing, suppressing and solving terrorist acts and other crimes;
15) the amount of full or partial compensation for the cost of vouchers, with the exception of tourist ones, paid by employers to their employees and (or) members of their families, disabled people not working in this organization, to sanatorium-resort and health-improving institutions located on the territory of the Russian Federation, as well as amounts full or partial compensation of the cost of vouchers for children under the age of sixteen to sanatorium-resort and health-improving institutions located on the territory of the Russian Federation;
16) the amount of compensation for the cost of travel to the place of treatment and back (including the accompanying person), if such compensation is provided for by federal law;
17) social benefit for funeral.

Increasingly, individuals and legal entities, having certain property and not having funds for their needs, take money as security for this property, thus solving pressing problems. Changes in the country's economy and simply life situations sometimes do not allow us to fulfill our obligations to return funds in a timely manner.

According to the current legislation (Article 348 of the Civil Code of the Russian Federation), the pledgee may foreclose on property that is pledged if the debtor improperly or does not fully fulfill its obligations. Collection is carried out by issuing a writ of execution by the court. Regulation of the types of property that are subject to the prohibition of foreclosure is entrusted to Art. 446 Code of Civil Procedure of the Russian Federation and related federal laws. The ban on foreclosure on the property of citizens under writs of execution is aimed at the socio-economic protection of the rights of the debtor and his family members. The list of property of organizations that is subject to the ban on foreclosure under executive documents is enshrined in the relevant federal laws.

The list of property specified in Art. 446 of the Code of Civil Procedure of the Russian Federation is considered exhaustive and not subject to broad interpretation. But this list can be supplemented or clarified by the provisions of federal laws.

Property that cannot be foreclosed on

According to Art. 446 of the Code of Civil Procedure of the Russian Federation, the following property of a citizen is not subject to foreclosure under executive documents:

  • residential premises, which are the only place suitable for permanent residence for the debtor and his family members;

Foreclosure is not allowed, regardless of the cost, area and location of such residential premises. Evidence that such a premises is the only place of residence of the debtor and his family is the registration of a citizen at the place of residence and an entry in the unified state register about the existence of ownership rights to the residential premises. However, if a citizen and his family members permanently reside in residential premises occupied under a lease agreement, then foreclosure on other residential premises owned by the debtor is permitted.

  • land plots with residential premises located on them, which are the only place of residence of the debtor and his family (dependants);

A plot of land that is not subject to recovery under executive documents must be used only for personal purposes of the debtor and his family members. If a citizen uses a land plot that belongs to him by right of ownership to grow products for sale and his actions fall under the definition of entrepreneurial activity, then such land plot may be foreclosed on. To date, the area and size of a land plot used for personal purposes are not defined by law.

In Art. 446 of the Civil Code of the Russian Federation states that the exception is land plots and residential premises that are the subject of a mortgage. That is, such residential premises and land plots can be foreclosed on by the mortgagee in accordance with the mortgage agreement.

  • household items, ordinary home furnishings, individual items, for example: clothing, personal hygiene products, shoes, etc.

The exception is luxury items and jewelry.

  • property of the debtor, which he needs for professional activities.

Exception: property worth more than 100 minimum wages.

  • working, dairy, breeding cattle, rabbits, deer, bees and poultry used for personal purposes and to meet the immediate needs of the debtor and his family. Outbuildings and structures intended for keeping these animals, poultry, etc., as well as feed, in the amount necessary for their maintenance before leaving for the apiary or pasture.
  • seeds for sowing;
  • money and food worth less than the subsistence level;

The calculation is made based on the number of family members of the debtor citizen. The living wage consists of a consumer basket and mandatory fees and payments. In turn, the consumer basket consists of a minimum set of food products, necessary services and goods that ensure human life and maintain his health. The consumer basket is determined at least once every five years.

  • fuel necessary for the debtor and his family members for heating during the heating season and preparing daily food;
  • state awards, memorable and honorary signs, prizes awarded to the debtor;
  • vehicles necessary for the debtor due to his disability.

Amounts of money that cannot be recovered

Article 69 of the Federal Law “On Enforcement Proceedings” imposes a restriction on the foreclosure of certain sums of money.

The following funds are not subject to foreclosure:

  • compensation for harm caused to health;
  • compensation for damage resulting from the death of the breadwinner;
  • for the birth of a child (maternity capital);
  • payments to mothers of many children;
  • payments for injuries received, mutilation, wounds, etc. in the performance of official duties;
  • benefits for single mothers or fathers;
  • payments to disabled people of the first group and pensioners;
  • alimony obligations;
  • for additional nutrition, prosthetics, sanatorium treatment in case of harm to health;
  • payments for work with hazardous working conditions;
  • benefits to citizens exposed to radiation as a result of an accident or disaster at a nuclear power plant;
  • payments for work in extreme conditions;
  • severance pay upon dismissal of an employee;
  • financial assistance and payments to the organization accrued to the employee in connection with the registration of marriage, the birth of a child, or the death of relatives.

Property not subject to seizure by bailiffs

446 of the Code of Civil Procedure of the Russian Federation states that the list of the organization’s property, which is subject to the prohibition of foreclosure, is determined by federal law.

Enforcement proceedings do not provide for foreclosure on the property of the debtor-institution other than the funds it has. According to Art. 120 of the Civil Code of the Russian Federation, the institution is responsible for its obligations only with available funds.

The Federal Law “On Freedom of Conscience and Religious Associations” prohibits the foreclosure of property that has a religious purpose. There is currently no specific list of this property. According to the logic of things, property for liturgical purposes can include: altar, iconostasis, icons, etc.

The property of agricultural cooperatives, which is classified as indivisible funds, also has immunity from foreclosure (Federal Law “On Agricultural Cooperation”). Such property includes: livestock, work horses, vehicles (except cars), animals, poultry, feed, equipment, etc.

Each Federal Law makes its contribution to the general list of property that cannot be levied under enforcement documents.

The civil process involves the provision of evidence of its innocence by each of the parties to the case. In relation to the topic under consideration, the plaintiff must prove that he has the right to the debtor’s property, and the defendant that his property is not subject to recovery through enforcement proceedings. A housing law lawyer is an opportunity to protect your right to social and economic protection guaranteed by the state and preserve your property.

Best regards,

Lawyer Victoria Derzhavina

​Seizure of the debtor's property is a method of ensuring the execution of a court decision (executive document) to collect a debt. Seizure is an inventory of property and a ban on its sale by the debtor, which allows the assets to be subsequently sold at auction and the debts to creditors to be repaid using the proceeds. In some cases, arrest is used to ensure the safety of disputed property.

Grounds for seizure of property by bailiffs

The grounds and procedure for seizure of the debtor's property are regulated by the Law on Enforcement Proceedings (hereinafter referred to as the Law), in particular Art. 80. Along with this, the norms of procedural legislation apply.

Grounds for arrest - a set of conditions:

  1. There is a writ of execution that contains a demand for property or monetary recovery. In this case, the amount of monetary recovery must exceed 3,000 rubles, with the exception of cases of seizure of money, collateral and the presence of a writ of execution providing for the seizure of property.
  2. The bailiff’s independent decision or the claimant’s application for seizure, satisfied by him.
  3. Availability of a legally established purpose (justification) for the use of arrest:
  • ensuring the safety of property for its subsequent sale or transfer to the claimant;
  • execution of a court decision on confiscation of property or its arrest.

What property cannot be seized?

There is no legally established list of property that cannot be seized. Bailiffs have the right to independently decide on the seizure of certain objects. At the same time, the debtor retains the right to appeal such a decision or the arrest itself if they were unlawful or unfounded.

According to the general rule arising from Art. 446 of the Code of Civil Procedure of the Russian Federation, property that cannot be foreclosed on cannot be seized. However, whether or not to apply this rule is, again, the decision of the bailiff. A striking example is the practice of seizing the debtor’s only home, despite the fact that it cannot be sold by paying off the debt with the proceeds. The legality of this practice was reflected in the position of the highest judicial authorities.

The seizure of the debtor's property by bailiffs does not always entail its sale or transfer to the claimant, because the debtor can pay off the debts voluntarily, or other measures will lead to the repayment of the debt. The actual purpose of seizure is to register property and establish restrictions or prohibitions on its free use (disposal). What will happen to the property in the future depends generally on the progress of the enforcement proceedings.

Considering the above, debtors should not rely on the fact that the bailiff will not be able to seize the property listed in Art. 446 Code of Civil Procedure of the Russian Federation. But you can be sure that such property cannot be confiscated or sold off.

Restrictions on collection apply to:

  • the only suitable housing (apartment, room, house), if it is not the subject of a mortgage, as well as the land plot on which such housing is located;
  • home furnishings, individual items, if they are not luxury items and are not jewelry;
  • property for the professional activities of the debtor in the amount of up to 100 minimum wages (10 thousand rubles);
  • animals used for non-commercial purposes (working, breeding, dairy cattle, bees, birds, rabbits), feed for them and buildings for housing;
  • seeds for the upcoming next sowing;
  • cash and food products for a total amount equal to “one subsistence minimum for the debtor + one subsistence minimum for each dependent of the debtor”;
  • fuels for home heating and cooking;
  • vehicles and other property necessary for a disabled person;
  • prizes, state awards, badges awarded to the debtor.

Based on the restrictions established by the Law, it is impossible to seize the pledged property to enforce the foreclosure on the claim of a person who does not have priority over the pledgee. In addition, it is unacceptable to seize assets that belong to persons other than the debtor. This often happens when bailiffs seize everything in the debtor’s apartment (house), despite the fact that the property may belong to family members. In such situations, it is always necessary to raise the question of the validity of the arrest and the need to appeal the decision (actions) of the bailiff, lifting the arrest in whole/partially and excluding certain property from the inventory.

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Legality and validity of seizure of property

In most cases, the question of the legality of the seizure does not arise. Bailiffs act on the basis of a judicial act or writ of execution against the debtor. If there are no such grounds, these are not so much illegal as criminal actions associated with abuse of official power and arbitrariness.

The main claims of debtors and other interested parties are related to unfounded decisions and actions of bailiffs, in particular:

  • seizure of property contained in the list of Art. 446 Code of Civil Procedure of the Russian Federation;
  • seizure of the property of members of the debtor's family, his other relatives or acquaintances under the pretext that this property belongs to the debtor;
  • seizure of property for an amount obviously greater than the amount of the debt;
  • seizure of luxury goods that are not luxury goods;
  • arrest of domestic cats, dogs, other pets, doors, windows, locks and other “ridiculous and controversial” property.

Some situations with unreasonable seizure of property include the imposition of restrictions and prohibitions that are too severe, in the opinion of debtors, or the seizure of property, although it could well have been left in the custody of the debtor.

Grounds for appealing the seizure of property

In the event of an illegal and (or) unjustified seizure of property, the debtor and other interested parties have the right to appeal both the decision to seize and the procedure itself, including the procedure for its actual implementation, the inclusion of individual objects in the inventory and (or) the imposed prohibitions and restrictions.

The appeal procedure will depend on the subject of the dispute. For complaints against decisions (actions) of bailiffs, administrative and (or) judicial procedures are applied. If the appealed decision to seize property was made by the court (contained in a judicial act or executive document), then only a judicial appeal is used - in a higher court.

As a result of an appeal, you can achieve:

  1. Removal of seizure of property if this measure was applied illegally or unreasonably. In this case, the subject of appeal is the decision to seize the property.
  2. Exceptions from the inventory of individual property, for example, if it does not belong to the debtor or is included in the list established by Art. 446 Code of Civil Procedure of the Russian Federation. Here, the decision and actions related to the inclusion of specific property in the inventory of the subject to seizure or arrest are disputed.
  3. Declaring the procedure illegal - when appealing the actions (inaction) of the bailiff in the process of seizing property, for example, if there were no witnesses or there were other procedural violations. Satisfaction of such a complaint will actually remove the seizure of the property, but will not become an obstacle to the re-application of the measure - this time in accordance with all the rules.
  4. Cancellation of specific restrictions and (or) prohibitions imposed on the debtor’s property rights during the seizure of his property.
  5. Return to the debtor for responsible storage of property seized during arrest. In this case, the subject of the complaint is the decision and actions of the bailiff to confiscate specific property. Only precious stones, metals, products and their scrap are subject to mandatory confiscation. As a rule, cash is confiscated, and such actions are difficult to challenge if the arrest is carried out according to all the rules. But as for other items and things, the fact of seizure can be appealed. This will allow the property to be returned and continue to be used, albeit with restrictions.

In judicial practice, the bulk of disputes regarding the seizure of property are related to the inclusion in the inventory of those items, things and objects whose seizure the debtor does not agree with. Typical situations are when bailiffs seize everything more or less valuable that they find in the debtor’s home. And they are advised to complain about statements about the ownership of property by other family members or other people in general. A separate category of disputes is the seizure of property on the initiative of the bailiff, which the debtor does not agree with and which often raises suspicions of abuse of authority, and sometimes of extortion of a bribe in this way. And finally, disputes often arise because the debtor believes that the property is not subject to seizure, such as the only home, personal belongings or inexpensive equipment for professional activities. Closely related to this is the initial assessment of property “by eye”. Hence, it is controversial to determine whether or not the value of the seized property fits into the amount of the debt, whether or not property for professional activities will exceed 10 thousand rubles, and food together with cash will exceed the subsistence level.

To date, the Supreme Court has only decided on the admissibility of seizure of the only housing that is not a mortgage. Such actions by bailiffs have been considered legal since 2015. The restrictions imposed on the disposal of housing are also legal, in particular on the registration of other persons, the sale and rental of real estate. As for other property listed in Art. 446 of the Code of Civil Procedure of the Russian Federation, the issue of the legality or illegality of his arrest is decided on an individual basis. If you don’t agree with the arrest, you need to file a complaint as quickly as possible, preferably in court.

Hello, Oksana. I analyzed the lawyers' answers and prepared a detailed answer to your question.

Bailiffs often have to rush in their work. As a result, property that is not the property of the debtor or is prohibited by law from confiscation falls under arrest. That is why the question of what property is not subject to seizure by bailiffs is so relevant.

List of exceptions

In accordance with Art. 446 of the Civil Procedure Code of the Russian Federation (Civil Procedure Code of the Russian Federation), bailiffs should not describe the following list of things:

  • the only housing, if it has not been confiscated for committing a criminal offense;
  • the disabled debtor's vehicle;
  • fuel for home heating;
  • items that are used in the work activity of the debtor;
  • Food;
  • household essentials, including a refrigerator, gas stove;
  • clothing, shoes, personal hygiene and cosmetics;
  • personal awards;
  • property from personal farming (chickens, pigs, cows, rabbits, goats, seeds and feed) not intended for sale.

If the debtor has an apartment, but lives in a rented one, bailiffs have the right to describe the apartment they own.

When selling products obtained from farming on wholesale markets, such property and the entire farm as a whole are subject to arrest.

Bailiffs do not have the right to seize furniture that is in a single copy and is in good condition, as well as household appliances without which a family cannot exist (for example, a washing machine for a large family).

Seized exotic or purebred animals that have a high price, as a rule, are not confiscated from the owner, but are left for safekeeping. Article 80 of Law No. 229-FZ provides that during the period of arrest, the owner loses the right to sell the property, destroy it, or otherwise dispose of it. An exception is made for sale for the purpose of subsequent debt repayment, if the value of the property does not exceed 30 thousand rubles (Article 87 of Law No. 229-FZ). When the debt is not paid within the period established by the bailiffs, the property is put up for auction or transferred to the creditor (at his request).

Precious jewelry can be seized regardless of its quantity.

When bailiffs enter your home and are about to seize your property, you have the right to choose which of it is best to give to them. If a computer is more important to you than a TV, write a corresponding statement addressed to the bailiff!

You cannot arrest narcotic substances, as well as military weapons for which you have a permit.

Income not subject to recovery

In addition to specific property that is not subject to inventory and confiscation, the law establishes restrictions for funds that are not subject to seizure. You cannot make an inventory of the following constantly paid to the debtor:

  • alimony;
  • survivor benefits;
  • funds for causing injury or work-related injury;
  • amounts to compensate for damage caused to health;
  • benefits for caring for a disabled person;
  • childbirth benefits;
  • money from an insurance policy;
  • funds from the state in the form of various compensations and subsidies;
  • compensation accrued on the basis of the Labor Code.

Any inventory made by bailiffs must be based on a decision made by a judicial authority. It is issued in 2 copies. The first of them is issued to the debtor, and the second remains with the employee of the Federal Bailiff Service (FSSP).

The inventory procedure is possible only after the written consent of the senior bailiff is issued. The debtor must obtain this permission before it begins.

How to minimize losses

In some cases, it is simply impossible to avoid contact with bailiffs. Then you need to try to prevent major financial and material losses. To do this, the law has provided several options that can be used by writing a statement to the court asking:

  • on installment plans and permission to pay the debt in several installments over a certain period of time;
  • provide a deferment that will allow you to postpone the repayment of debts for a certain period (from 1 to 12 months).

The court grants such applications if there are compelling reasons, which include:

  • serious illnesses;
  • dismissal or layoff;
  • temporary financial difficulties;
  • other circumstances that really prevent the debt from being repaid.

After the judge accepts such an application, the debtor must notify the FSSP employees about this.

The described and confiscated property can be returned in the event of illegal or incorrect actions of the bailiff. But this must be proven with the help of facts confirming illegality. This may be an incorrectly or untimely document (inventory report) or testimony of witnesses.

In the event of recovery of property worth more than 30 thousand rubles, its value is entered into the inventory act. In the absence of such an assessment, you can file a complaint against the actions of the bailiff and use the services of an independent appraiser, paying for his work yourself.

The debtor has the right to check whether the bailiff can confiscate all items included in the inventory report. To do this, you should use Art. 446 of the Civil Procedure Code of the Russian Federation, which provides a list of property that is not subject to recovery.

When a FSSP officer seizes an apartment that is owned by both spouses, one of them can submit a written application to the court at the bailiff’s place of work with a claim to release the property from seizure. Disputes about the release of property from seizure are considered in accordance with jurisdiction according to the rules of claim proceedings, regardless of whether the seizure was imposed to secure a claim or in order to foreclose on the debtor’s property in pursuance of a decision made by FSSP employees.

Given the crisis situation in the country, the number of borrowers who voluntarily or due to circumstances ended up in the dock as malicious debtors has increased. They face an unpleasant procedure - an inventory and subsequent seizure of property to pay off the debt. But how free are bailiffs in their actions? Is there a list of property that is not subject to seizure by bailiffs? There is such a list, and it is quite extensive. What and why bailiffs do not have the right to take away, read on.

What property is not subject to seizure by bailiffs?

The executive team by law must not seize for sale in order to compensate for the debt of property from the list:

  • items of professional activity (a computer for a programmer, a car for a taxi driver, an instrument for a musician, etc.);
  • livestock, feed, agricultural equipment;
  • religious items;
  • belongings of other people living with the borrower;
  • joint property of the spouses, but you will have to prove the fact that the spouse was not aware of the debt and did not use the funds.

List of property not subject to seizure by bailiffs by court decision

Housing

The popular belief that large debts on loans or other obligations can leave a careless debtor homeless has nothing in common with reality. Of course, an apartment or a country house, as well as the plot of land on which this house stands, are included in the list of property that is not subject to seizure by bailiffs when the debtor no longer has housing options.

But when a person who has debts owns other real estate, residential, non-residential or commercial property, then he can already be arrested. True, there are a couple of nuances here:

  • the debtor must be the sole owner of the property; shared ownership excludes the possibility of an inventory;
  • The market value of the property must be equal to or less than the amount of debt, otherwise it will also be safe.

List of personal items

This point causes a lot of controversy due to what is considered personal property and what is not. Often they describe items that fall under this clause. So, what personal property is not subject to seizure by bailiffs:

  • items of clothing and footwear;
  • simple self-care products;

It is important to understand that luxury goods really should be seized, in particular, we are talking about jewelry. On the other hand, even expensive personal items like a fur coat cannot be seized.

It is easy to get confused in this classification, and the executors themselves may misinterpret the law. If they have seized an item from the list of property that is not subject to seizure by bailiffs, it can be returned in court.

Furniture

There is also such an item on the list of property that is not subject to seizure by bailiffs, such as furniture. However, it is important to understand that this only applies to property that is not valuable for sale and repayment of the debt, interior items (which are sometimes mistakenly or deliberately called furniture during inventory) and paintings, antique items with a value significantly exceeding the amount of the debt.

List of household appliances

An interesting point, which is also one of the first on the list of what can and should be arrested. The fact is that household appliances have occupied too large a niche in the life of a modern person, so it is important to divide them into those that are really needed and those that bring comfort and pleasure.

The following equipment is considered necessary and included in the list of property not subject to seizure by bailiffs:

  • gas or electric stove;
  • fridge;
  • washing machine (when small children live in the house);
  • household appliances intended for work;
  • household appliances, which, in addition to the borrower, are used by socially vulnerable categories of citizens.

The exception is equipment needed to make life easier for a person with disabilities.


Awards, prizes and gifts

State awards are given only for certain merits of a person and do not imply changing hands, much less sale. Gifts, prizes and bonuses are also considered non-seizable property.

However, it will not be possible to present the inheritance as a gift - it is not included in the list of property that is not subject to seizure by bailiffs.

Cash

Surprisingly, there is such a column in the list of exceptions. The debtor's accounts are blocked first as soon as his case is received by the enforcement service, and the work of its employees does not include finding out the origin of the funds. If all the money is seized, it is possible to unblock part of it through the courts:

  • credit card accounts;
  • 50% of wages (provided that the amount is not lower than the minimum wage in the region);
  • state compensation, alimony, children's money and other preferential payments;
  • subsistence level of the region, found in cash during a housing inspection.

Conclusion

Property that is not subject to seizure by bailiffs is presented in a large list, but sometimes it is difficult to understand the intricacies of determining status. If the enforcement service acted unlawfully and seized untouchable property, its work can be challenged in court. Debtors whose loan amount with interest does not exceed 3,000 rubles should not be afraid of seizure of property - this rule does not apply to them.

Today, there are often cases when, after a court decision, funds are recovered from the debtor; bailiffs and executors deal with these issues. If the defendant does not challenge the decision within the allotted time, then he will face seizure of his property and bank accounts. But the debtor must know what property is not subject to seizure by bailiffs, this will help protect his rights.

Housing

Many people mistakenly believe that they can lose the roof over their head for debt, but this is a big mistake. In fact, the only housing and land plot on which a private house is built is not subject to arrest, if it is the only property of the debtor.

It’s another matter if the debtor owns other residential real estate. She can be arrested. But there are significant limitations here too. If the property is in shared ownership and the defendant is not the sole owner, then bailiffs will not be able to seize the property. Another nuance is that the value of real estate must be comparable to the amount of debt. Here we are not talking about mortgage debts, because in this case the housing is pledged to the bank and will be repossessed if the borrower fails to fulfill its obligations under the loan agreement.

But this does not mean that seizure cannot be imposed on other personal belongings, household items, furniture and equipment. Next, you should carefully consider what property is not subject to seizure by bailiffs.

Personal items

Here, each debtor has many questions, and each of them requires individual consideration. First of all, personal items are not subject to seizure; these include shoes, clothing, personal hygiene products, and food. This does not apply to luxury items and jewelry; they can be confiscated, but only if their value corresponds to the size of the debt.

Quite a lot of questions still remain. For example, can high-value clothing, such as a fur coat, be confiscated? In fact, no, they cannot, because it is an item of clothing, but if something like this does happen, the debtor has the right to file a lawsuit and return the property back. But more about this procedure below.

Furniture

An exciting question: what pieces of furniture can bailiffs seize? The law does not provide for the seizure of such property, especially if the apartment has old furniture. If bailiffs threaten to describe interior items, this does not apply to furniture. And, for example, antiques, luxury items, expensive paintings and much more can be confiscated if their value is close to the amount of the debt. In addition, the task of bailiffs is to seize and sell the debtor’s property, and old furniture is not of particular value to them.

Appliances

This is also a controversial issue. Bailiffs cannot seize household appliances, without which it is difficult for a person to exist. First of all, these are kitchen stoves; they are necessary in everyday life for cooking. Without them, it is difficult to provide adequate nutrition for a family, which means that the rights of citizens are violated, which does not comply with the law. The same is true for a home refrigerator, without which it is impossible to store food that a person needs every day.

But this rule does not apply to other household appliances, such as microwave ovens, washing machines, multicookers, and televisions. According to bailiffs, these are luxury items, and there is no ban on their seizure. But do not despair; it is enough to challenge this decision in court if it can be proven that the seizure of property will sharply worsen the debtor’s situation. By the way, if there are, for example, two stoves or refrigerators, or several televisions in the house, then they can be confiscated.

Gifts, prizes and awards

Gifts and prizes are the property of the debtor, but it is impossible to seize them. As well as for state awards, bonuses and more. But this does not apply to inheritance, that is, if a debtor inherited any property and it became his property, then he can be arrested for debts. It is impossible to sell the means necessary for the existence of a disabled person, for example, strollers and cars.

State awards are a separate issue; they were received for some merit, and third parties have no right to claim them. Accordingly, bailiffs cannot seize them for the purpose of subsequent sale.

Professional items

Property that is necessary for professional activities is not subject to seizure. That is, property that generates income. For example, if the defendant works in a taxi, then it is impossible to seize his car, or he is a musician and needs a musical instrument. The exception is the high cost, exceeding 100 times the minimum wage. But, accordingly, it can only be withdrawn if the amount of debt corresponds to the value of the item.

Property that is used by his children, such as a computer, cannot be seized from the debtor. If a child is a school student, then this item is necessary for his studies and cannot be confiscated.

Agricultural property

For a rural resident, the main source of food is their own farm. Bailiffs cannot sell livestock, the products they produce, and the feed for their maintenance. This is the case if we are not talking about entrepreneurial activity. In simple words, if the debtor keeps the farmstead not for sale, but for his own use, then it cannot be seized. The same applies to the seeds needed for the next sowing season.

In some cases, it is impossible to seize transport if it is necessary for movement from a rural area to, for example, a place of work. Buildings and structures for keeping livestock are also not subject to seizure.

Non-touchable items include fuel, such as firewood, which is used to heat the room and is a source of cooking.

Cash

The first thing that is seized is bank accounts. Credit cards are prohibited because they are not the property of the defendant, but belong to the bank, and therefore it is impossible to seize them. The salary account can be frozen, but not completely, the maximum amount is 50%, and the balance cannot be less than the minimum wage in the region. But the bailiff’s duties do not include finding out where and why the funds are coming to the debtor’s account. To lift the ban, you need to contact the bailiff service and document that this is wages.

Child benefits, alimony, subsidies and other payments also cannot be seized. Similarly, you need to prepare documents and contact the bailiff service. The seizure will be lifted, and the debtor can receive the previously seized funds.

Cash found during the inventory of property can be withdrawn, but only partially; the remaining amount should not be less than the subsistence level. And accordingly, there cannot be more than the amount of debt.

Other property

There is other property that is not subject to seizure. These are religious items. These include books, icons and other attributes, as well as items that do not belong to the debtor, but to other family members living in the same living space. But this fact will need to be proven in court.

The controversial issue is the property of the spouses. On the one hand, all property is jointly acquired, including debts. For example, if the defendant took out a loan during marriage, but was unable to repay it, his wife was not a guarantor or co-borrower, then recovery will be from joint property. The only exception is if one of the spouses did not know about the loan and did not use it, which will be difficult to prove.

There are many nuances regarding what property is not subject to seizure by bailiffs. Even if the law does not provide for a ban on the sale of property, but the debtor really needs it, then it is wiser for him to file a claim in court and provide evidence. Then he might be able to defend it.

Illegal actions of the bailiff

There are often cases when the bailiff tries to collect the debt from the defendant at any cost, and at the same time he is of little interest in whose property was seized, even if it was acquired by third parties. Many legally illiterate debtors are ready to give away even those items that no one has the right to take. But this is far from correct.

First, the bailiff comes to the defendant’s house and seizes his property, that is, the owner loses the right to dispose of his property, he cannot sell it, donate it, or destroy it. If the defendant does not agree with the actions of the bailiff, then he has the right to file a claim in court. This also applies to cases where the owner does not agree with the assessment of the value of the item. Then an examination is appointed, and according to its conclusion, the final price is determined.

In general, in case of any disagreement, you should not be afraid to go to court. There is no state fee for the claim, the procedure will not take much time, but this will provide an opportunity to legally defend your rights.

Conclusion

Every citizen, especially a debtor, must know exactly what property is not subject to seizure by bailiffs. In addition, you can resolve the issue without arrest, for example, go to court with a request for a deferment or installment plan. Or challenge the actions of bailiffs. These measures will not help you get rid of debt, but they will help you gain time, collect the necessary amount and pay off the debt. It is just impossible to sell the property that was described. It should also be taken into account that if the amount is less than 3,000 rubles, then no one will be able to seize the debtor’s property or his funds.