How To File A Claim To Remove The Seizure Of Property

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How To File A Claim To Remove The Seizure Of Property
How To File A Claim To Remove The Seizure Of Property

Video: How To File A Claim To Remove The Seizure Of Property

Video: MY GOODS HAVE BEEN SEIZED BY CUSTOMS – WHAT DO I DO? 2022, November
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The seizure of property can act as a measure to secure a claim, as well as be carried out in the framework of a criminal case. Any seizure of property must be authorized by an appropriate order of the prosecutor.

How to file a claim to remove the seizure of property
How to file a claim to remove the seizure of property

Instructions

Step 1

The seizure of property deprives you of the right to dispose of it the way you want. You will not be able to sell, lease, donate or pledge those movable and immovable things on which it is imposed. The seizure of property is quite often used by bailiffs in the process of enforcement proceedings. However, sometimes, due to the “forgetfulness” of law enforcement officials, the arrest of property continues after the verdict has been passed, although the Federal Law “On Enforcement Proceedings” does not leave this possibility.

Step 2

Since the law does not set a period after which the seizure of property can be automatically considered lifted, you will have to go to court with a corresponding request yourself.

Step 3

If the arrest was a measure of securing a civil claim, but its consideration in court has already taken place, you have the right to apply to the same court with an application to cancel the securing of the claim. Only those persons who were directly involved in the case have the right to such a request. The application is made in writing, indicating the name of the judge who participated in the proceedings. A hearing will be held on your application, after which the judge will decide whether to cancel the arrest or refuse to lift it.

Step 4

The arrest, which was imposed on movable and immovable property by the prosecutor in connection with the investigation of a criminal case, can only be lifted by himself. In this case, the prosecutor has the right to sign the cancellation order only if the list of grounds on which the arrest was imposed can be considered exhausted. Therefore, in order to achieve the lifting of the seizure of property, you need to pay all debts, fines and pay off in full other monetary obligations that forced the prosecutor's office to seize your property.

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