On January 1, 2012, amendments to the law "On Enforcement Proceedings" entered into force, on the basis of which it became much easier to arrest the debtor's accounts. You can freeze absolutely all existing accounts until the amounts on the accounts cover the entire debt.
It is necessary
- - application;
- - writ of execution (amicable or voluntary agreement);
- - order of the bailiff to arrest bank accounts.
The enforcement proceedings were entrusted to the bailiff service. To arrest the debtor's accounts, contact the territorial office of the bailiff service with a statement. Submit a writ of execution, a voluntary agreement executed or certified by a notary.
The force of a writ of execution also has an amicable agreement, drawn up in a notarial form, if, on the basis of the submitted statement of claim, the parties concluded a truce and documented the fulfillment of mutual obligations. If the plaintiff has a second copy of a voluntary or amicable agreement, a court order and a writ of execution are not required.
On the basis of an application, a writ of execution, a voluntary or amicable agreement, the bailiff is obliged to begin enforcement proceedings within 7 calendar days. If it is impossible to forcibly collect money from the debtor at the place of work, the bailiff has the right to foreclose on existing bank accounts, on the debtor's property, or to involve him in compulsory administrative work. Arrest for forced labor is practiced only if there is nothing more to collect from the defendant.
If there is no property or permanent job, but there are bank accounts, enforced collection is directed to them. The bailiff is obliged to have time to send the order to the bank until the debtor has time to withdraw all available funds and close all accounts.
Accounts can be arrested for any period until the entire amount of the outstanding debt is repaid. If the debtor's salary is deposited into the savings account, no more than 50% on a monthly basis can be enforced. That is, only 50% of the incoming amount will be frozen, the debtor has the right to use the rest of the funds.