In addition to being held liable for non-fulfillment of monetary obligations, the debtor may be limited in the exercise of some of his rights. One of them is the right to freely travel abroad.
When travel abroad may be closed
A person may be deprived of the opportunity to travel abroad for a variety of reasons. These include: admission to state secrets, the passage of military and other similar service, the commission of a crime or the fact of serving a sentence, etc. The evasion of the debtor from the execution of the court decision stands apart. The subject of this decision may be various amounts of money (alimony, debt, fine, etc.). In addition, a ban on leaving may be imposed on non-property disputes.
Border crossing and outstanding loan
In order for the debtor of the bank to be restricted from traveling abroad, it is necessary to have a court decision that has entered into legal force on the collection of the debt on the loan. In addition, travel abroad may be closed even when a criminal case is initiated against the person due to the non-repayment of the loan (for example, on the fact of fraud).
How travel restrictions are imposed in connection with loan debts
After the entry into force of the court decision on the collection of the debt and the issuance of a writ of execution, the bailiff, at the request of the claimant (bank) or on his own initiative, issues a decision on a temporary restriction on travel against the debtor. Before the adoption of this resolution, the debtor may be given a certain time to voluntarily repay the debt. After that, a copy of the decree is sent to the debtor, and also transferred to the migration and border authorities. If the restrictions imposed on travel abroad are related to a writ of execution that is not issued by a court, the claimant or bailiff has the right to file an application with the court demanding the introduction of such measures.
The introduction of restrictions on travel abroad is the basis for the withdrawal of the foreign passport from the debtor. After seizure, the passport is transferred to the authority that issued it. If a person has not yet managed to issue a passport, its issuance may be refused until the restrictions are lifted.
What needs to be done to remove restrictions
In order to lift the restrictions related to crossing the border, the debtor is obliged to provide the bailiff with evidence confirming the repayment of the debt. After that, the bailiff issues a decree on the abolition of restrictions on travel abroad. The ban on traveling abroad is lifted after the receipt of this decree by the migration and border services.
