In a situation where a citizen has a loan debt, there are cases of writing off funds from a salary card to pay off the debt. This can be done by the bailiff-executor, and in certain cases - by the bank itself.
Actions of the bailiff-executor
After the court's decision to recover the debt from the debtor, the writ of execution goes to the bailiff. The bailiff seizes all bank accounts of the debtor located in all banks of the Russian Federation. After the seizure is imposed, the account holder cannot take any action with the money.
If a salary card is seized, the entire salary will be debited from it to pay off the debt. But according to the law, the bailiff has the right to no more than 50% of the amount of income received.
To restore his rights, a citizen must receive information about arrests at any of the bank branches (in which the current account is located). This document will indicate the date of the seizure, information on the amount of the seizure, the writ of execution, as well as on the bailiff who seized the seizure.
At the place of work, you must obtain a certificate confirming the fact of work in this organization and receipt of wages to a bank current account (indicating the account number).
With this certificate, it is necessary to appear at the indicated bailiff during his office hours. When visiting the bailiff, you must ask him to release the arrest on the grounds that the account is a salary account. A certificate from the place of work will serve as confirmation of this basis.
In addition, it is necessary to write an application for the return of the seized funds indicating the amount, the date of withdrawal of the money and the account number.
The seizure is removed from the account within 10 days from the date of application. However, due to the introduction of electronic document management in recent years, the release of an arrest takes a few minutes. Within 3-5 working days, the withdrawn amount of money will also be returned.
In some cases, the creditor bank independently withdraws funds from the accounts of its debtor clients. From the point of view of the law, this is legitimate only if the debtor works in this bank and receives wages in it.
But many banks include in the texts of loan agreements conditions that allow them to write off the amount of arrears from the salary card.
If there is no such condition in the agreement, the actions of the bank are illegal and you can safely file a complaint against it with the court or the prosecutor's office.
If such a condition exists, you can contact the employer with a request to pay the salary to the current account of another bank or issue it in cash at the cash desk.
You can try to "negotiate" with the bank by sending him a letter with a request to withdraw not 100%, but 50% of the funds received, referring to the fact that the bank, by its actions, deprives the debtor of his livelihood. As a rule, the bank meets halfway and returns half of the funds already withdrawn. In the future, he will withdraw only ½ of the amount of income received. It is more profitable for the bank to receive half of the deductions than to receive nothing.