How To Appeal The Arrest Of Property

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How To Appeal The Arrest Of Property
How To Appeal The Arrest Of Property

Video: How To Appeal The Arrest Of Property

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The seizure of property is an extreme and most prevalent method used by bailiffs as a means of enforcing the decision to collect fines, taxes, and debts. It implies a restriction in the rights to property of citizens, with the exception of essential items, and assumes that this property cannot be mortgaged, sold, donated, etc.

How to appeal the arrest of property
How to appeal the arrest of property

Instructions

Step 1

In order to avoid seizure of property, get in advance all the necessary information about the course of the trial. Provide all the necessary documents, appear when the bailiff is summoned, try to establish trusting business relations with him, express your desire to cooperate, in no case hide and do not shy away from communication.

Step 2

Go to court for a postponement of the execution of the judicial act. If there are necessary grounds, the court will provide an installment plan for repayment of debts according to the declared and agreed schedule. In most cases, all parties are interested in doing without the seizure of property.

Step 3

The debtor's property directly involved in production activities is not seized, as this leads to the stoppage of the work of the enterprise or individual. You have the right to indicate the items and objects on which the seizure is primarily relied on.

Step 4

Transfer some property under the contract to third parties in advance. Seizure is imposed only on items owned by the debtor. Provide the bailiff with documents indicating that this property belongs to third parties.

Step 5

Bankruptcy is an extreme measure to avoid the forced seizure of the debtor's property. Upon declaring bankruptcy, the arrest of the property is lifted.

Step 6

In accordance with the legislation, the following property cannot be used for debt collection: residential premises, if it is the only property of the debtor; the land on which this room is located; Food; adaptations and equipment necessary for the professional activity of the debtor; home interior items. The debtor can appeal against the actions of the bailiff, and he has the right to simultaneously file a motion to suspend the trial.

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