The arrest of the apartment is a necessary measure to secure a property lawsuit. Its main purpose is to preserve the property and ensure the further execution of the court decision regarding this property. The arrest is imposed by the court at the request of any of the parties to the process. The judge makes a decision to secure the claim without hearing the parties. The arrested apartment will be protected at the trial stage from possible actions for its alienation (sale, donation, etc.).
Instructions
Step 1
If you are already at the stage of litigation regarding the disputed apartment, submit a petition to the court for the arrest of this property in the form of a security statement. If there is no litigation, you need to file an appropriate claim in court at the same time as the application for the seizure of the disputed property. The claim, like the motion for arrest, is filed at the place of residence of the defendant.
Step 2
Draw up a statement of security for a claim. In the cap, write your court district and the name of the judge hearing the case. Indicate the address of the location of the disputed real estate, which you are asking to seize. Also, if you have a copy or original of the certificate of registration of the right, write in the application the number of this or another document of title.
Step 3
Justify your claim for the arrest of the apartment. When drawing up an application, it is advisable to indicate the facts (evidence) you have that the opposing party in the case intends to take any action with the apartment to alienate it. In the absence of direct evidence, refer to the general requirements for securing a claim.
Step 4
When drawing up an application for the arrest of an apartment, keep in mind that interim measures by the court in the current process can only be taken in the amount of the claims or counterclaims put forward. Also, the apartment subject to arrest cannot include the rights of other persons who are not involved in litigation. For example, if there is a disagreement regarding an apartment, where only a share in the right is controversial, the court cannot seize the entire property. In this case, mark in the application the share in the right in question.
Step 5
Submit your application to your court clerk and sign your copy that the application was accepted. The court will consider your application for securing the claim within 24 hours, and the disputed apartment will be seized.
