An account that is opened in accordance with the terms of the loan agreement is not subject to seizure and, accordingly, blocking, since the funds in the credit account are not the debtor's income. However, sometimes there may be cases when a credit account is seized and money is debited from it by a bailiff.
Why does the bailiff arrest the account?
The duties of the bailiff-executor (hereinafter the bailiff) include the execution of the decision, determination, court order, judicial acts and acts of other authorized bodies, which is recorded in the writ of execution or court order. In other words, the decision to seize the bank account is made by the court, and the bailiff carries out this decision.
One of the main duties of the bailiff-executor is, as a rule, to collect funds from the debtor in favor of the claimant, determined by the court. The collection procedure means the seizure or seizure of material assets, including cash and funds in accounts. Upon receipt of a writ of execution or other document with a court decision on collection, the bailiff is obliged to send requests to banks or other credit organizations, in response to which the presence of the debtor's accounts should be indicated.
Bank employees provide information on the presence or absence of an account, and if there is a credit account, they must put the appropriate mark when specifying it. But, sometimes it happens that information that the account is a credit account, and the funds on it are intended to repay the loan, are not provided by the bank, as a result of which, the bailiff receives incomplete information about the account and may be seized on the credit account, which is automatically blocked.
In some banks, the blocking of a credit account occurs automatically along with the seizure of the deposit, despite the fact that the bailiff only seizes the deposit.
How to remove the seizure of a credit account?
To remove the seizure of a credit bank account, the debtor has the right to cancel the actions of the bailiff to impose the seizure. This can be done by providing information about the account opened in accordance with the terms of the loan agreement to the court, and you can also contact the Federal Bailiff Service with a written statement.
On the one hand, the legislation of the Russian Federation does not clearly state a ban on the arrest of the debtor's credit account. On the other hand, the credit account is not intended for settlements, as a result of which, according to the legislation, the imposition of the arrest procedure in relation to credit accounts is not applied.
If the withdrawal from the seized account has already occurred, then you must write a statement to return the debited amount. It may take up to ten days for a refund of the debited funds.
If a situation arises in which there is a possibility of seizure of a credit account in a bank or a credit account has already been seized, provide the bailiff with all documented information on this account. The bailiff must take this information into account and, in the event of an already imposed arrest, has the right to cancel it.
