The seizure of property is an interim measure in a lawsuit. It can be imposed at the request of one of the parties to the process only by a court ruling. The seized property will be protected at the stage of judicial review from any actions of the defendant in the claim. Most often, the arrest is imposed on real estate: cash accounts, apartments, houses. But sometimes a car or other valuable controversial property may be under arrest. The judge takes measures to secure the pending claim without hearing the parties. The main purpose of the arrest is to preserve the property and ensure in the future the execution of the court decision regarding it.
Instructions
Step 1
If you have filed a claim with the court regarding a property dispute, be sure to take steps to ensure the safety of this property for the entire period of consideration of the claim.
Step 2
Make a security statement for your claim. In the application, indicate the exact identification of the seized property. This may be the address of the location of the disputed property on which you are asking the court to seize. If we are talking about a bank account, then the court must submit the details of the bank account.
Step 3
The most important thing is to correctly justify your claim for the seizure of property. When drawing up a statement, refer to the facts (evidence or evidence) that you have that the defendant was going or is about to take any action with the property. Moreover, these actions should be unambiguously aimed at avoiding further execution of the judgment in your favor.
Step 4
In addition to direct evidence, for example, about the defendant's withdrawal of funds from the accounts, the court also takes into account intentions in making fictitious transactions and other attempts to sell property. Provide all data on these actions to the court.
Step 5
When drawing up your application for the seizure of property, consider the amount of measures you are requesting to secure a legal claim. It cannot exceed the amount of your claims against the defendant. Also, the property subject to seizure cannot include the rights of third parties not affected by your claim.
Step 6
Simultaneously with filing a claim with the court, submit a security application for the arrest of the disputed property on which you intend to sue. If a lawsuit has already been filed, return the arrest application as soon as possible.
Step 7
Within 24 hours, the court will consider your application for securing the claim. If there are sufficient grounds, the disputed property will be seized.
