Bailiffs can describe the debtor's property at any stage of enforcement proceedings until the full repayment of the debt. This measure is carried out when the property of the debtor is seized, which is used as a way to ensure the execution of the court decision.
When carrying out enforcement proceedings, bailiffs have a wide range of powers, which include an inventory of the debtor's property. This measure is carried out within the framework of the implementation of the arrest of the specified property to ensure the actual execution of the decision at the expense of such property. The right to describe property arises from bailiffs on the basis of Article 80 of the Federal Law "On Enforcement Proceedings". This article indicates that the decision on the seizure of property can be made by the bailiff independently, implemented on the basis of the corresponding statement of the claimant.
Why do bailiffs describe property?
The inventory of property in the practical implementation of the decision to seize property is carried out in order to prevent the debtor's illegal actions aimed at concealing or selling these assets. That is why, immediately after drawing up the inventory, the bailiff decides to impose specific restrictions. In particular, he may prohibit the disposal of the described property, the use of it. If necessary, the bailiff has the right even to withdraw the described property within the framework of enforcement proceedings. Specific measures must be indicated by this official in a special seizure order.
How is the inventory of the debtor's property drawn up?
The law "On Enforcement Proceedings" establishes a number of special requirements that must be met by the inventory of the debtor's property. In particular, the bailiff is obliged to describe the property before arrest, to involve attesting witnesses who must be present when drawing up this document, to certify its authenticity with their own signatures. The inventory itself lists the persons who were present at its compilation, the property described, its preliminary cost, and the restrictions imposed. After that, the drawn up document is signed by the bailiff himself, by attesting witnesses, by other persons present when drawing up the inventory. In some cases, the described property is transferred under the protection of third parties, about which a special note is also made in the act. The completed inventory, together with the seizure order, is sent to the participants in the enforcement proceedings, including the debtor himself, the claimant, and other persons.
