The result of the court consideration of property disputes, as a rule, is the decision that obliges the defendant to close the debt in the prescribed period. If the debtor does not comply with this obligation, the bailiffs, who are to collect funds, have the right to impose arrest on his bank accounts. If the defendant uses the credit funds, a logical question appears: how to repay the loan if the account is seized by bailiffs?
What kind of account is the arrest?
When you receive a notice that the bank accounts have been arrested, you first need to figure out which of them has been arrested. Most often, banks in processing loans do this:
- Carry out the opening of a current account for the borrower, on which he makes a mandatory contribution every month;
- Additionally, a loan account is opened, to which, according to the payment schedule, funds from the previous account are sent.
The second account does not belong to the borrower. It relates to the bank that issued the loan. Therefore, the bailiffs cannot arrest him. In addition, the balance of such an account, as a rule, is negative or zero. For this reason, it makes no sense to arrest him.
Credit card holders have a slightly different relationship with a banking institution. For them, most often, only a loan account is opened. But the important point is that the money on it, according to the law, belongs not to the borrower, but to the bank. Therefore, they are not allowed to arrest their bailiffs. But the banking institution itself can limit the borrower access to the funds on a credit card by decision of the FSSP or on its own initiative.
When you receive a notice of seizure of accounts, first find out which of the above schemes you cooperate with the bank. This will determine further actions.
Ways to close a consumer loan
When an arrest is imposed on a current account, a verbal agreement can be concluded with the bank to enter payments into the loan account. To do this, you must visit the branch of the banking institution and issue a relying statement. Payment can be made in the following ways:
- Through the cash desk of the bank.
- Transfers from accounts that are opened in other banking institutions.
- From another checking account opened again.
You have the opportunity to open a new bank account and bind to it a loan account for the repayment of loans. It is best to make the owner of a new account of another person. In this case, there is no situation. When bailiffs arrest him. To create conditions of consistency of payments, issue a specific bank order, which allows you to automatically transfer money to the debtor’s account.
Closing a credit card debt
How to pay the loan when the bailiffs seized the credit card account? As mentioned earlier, the bailiffs are not allowed to completely block access to the funds in the account. The debtor has the opportunity to replenish it. Therefore, you can close the existing debt in the usual ways:
- through ATMs;
- through the cash desk of a banking institution;
- using cashless transfer.
Since officially both the credit card account and the money on it do not belong to the debtor, you can try to cancel the arrest. To do this, you should take a document in a banking institution about the lack of your own money on a credit card, and then submit it to bailiffs who conduct your business.
Likelihood of debt relief
Many debtors are interested in – is it possible to agree with bailiffs on the distribution of loan payments? This possibility exists. She is stipulated in Article 203 of the Code of Civil Procedure of the Russian Federation. According to this document, it is possible to obtain an installment plan for the closure of any recovery, which is established by the court.
For installments should refer to the bailiffs who lead your case. And write relying statement. This must be done immediately, as you receive a writ of execution, or no later than 5 days later. Otherwise, it will rely that you do not wish to fulfill the obligations on you to close the debt, and you may be charged an executive penalty in addition to the principal debt.
To substantiate the filing of an application, you should submit documents about your own financial situation:
- income document;
- expenditure documents;
- documents that confirm your precarious financial situation.
In addition to these certificates, you can provide witness testimony in writing, which confirms your financial situation.
In addition to appeals to the bailiffs, you can contact the bank itself, which provided a controversial loan. Based on the situation, he can provide credit holidays or reduce the monthly payment.