When a person accumulates "official" debts - to the bank, state, ex-wife, he is subject to penalties. One of which may be the seizure of property. As a rule, this happens by a court decision in cases where the debtor regularly refuses to pay the bills and it takes a long time to look for him. The very same procedure for the seizure of property is quite simple.
Instructions
Step 1
When seizing the debtor's property, you must draw up an act of seizure - it is also called an inventory. It is necessary to indicate the following data in it: last name, first name, patronymic of all those people who were present in the room during the arrest; the full name of all confiscated items with a detailed description of their distinctive features or a list of documents that confirm the ownership of this item; a preliminary estimate of the cost of these items; type, volume and term of restriction of the right to use property; a mark of the seizure must be put down, and the person who took all the confiscated things for safekeeping must be indicated. You should also note that the trustee is aware of what awaits him in the event of embezzlement or partial appropriation of the property that was transferred to him for safekeeping. Be sure to indicate in the inventory if there were any comments or statements from persons who were present as witnesses.
Step 2
Check that the inventory is signed by the bailiff, who is responsible for the seizure of property, attesting witnesses and the person who will keep the seized items. If some other persons were present during the arrest, their signatures must also be put in the inventory. Be sure to check that the appropriate mark is put on the document if someone refused to sign the inventory.
Step 3
Copies of this drafted document must be given to the person or organization to which the defendant is in debt. Moreover, this should be done the next day after the decision is made. If the property is taken out, then it is necessary to warn immediately.
Step 4
The rules for the seizure of property are spelled out in Article 80 of the Federal Law "On Enforcement Proceedings". It also determines the period within which the bailiff must carry out the procedure for the arrest of property. Under the same provision, the bailiff is allowed to refuse to seize the debtor's property if he sees any inconsistencies.
