Which banks have entered into agreements with bailiffs. Banks that do not work with bailiffs. Active actions of the holder of the writ of execution

Is there a bank where they won’t seize accounts? The situation with anonymous wallets in electronic payment systems is still better; they are more difficult to track. There is a risk, of course, I wrote about it) I myself have several legal proceedings. I’ve been using the Alfabank card for a couple of years. No one has been arrested yet)) And the fact that the bailiffs do not always get to the accounts, then this is a question of the creditor’s interest in collecting the debt. Prompt creditors themselves hand over to the bailiffs all the information about the debtor’s accounts and property, or even submit a writ of execution to the bank themselves. And from which cards of which banks can the bailiffs not withdraw? Another question is which ones will be difficult for them to find, definitely not in Sberbank. This is an electronic request. So we have to offline all the goats (banks) in full (across the entire federal database) and poll them.

Which banks do not cooperate with bailiffs?

In addition, negotiations are underway with the National Bank in order to make this set unified. Then, by and large, there will be no blank spots left on the bank card for the bailiffs.

For example, negotiations took place relatively recently in Khabarovsk, where bailiffs met with local bankers. A sequence of answers has been developed on the issue of cooperation in the field of IT and electronic document management, for example, on the conclusion of an agreement on the exchange of requests and answers in electronic form between credit institutions and management, the press service said in an official statement.
Moreover, the department of the Federal Bailiff Service for the Khabarovsk Territory and Sberbank have created a new cooperation scheme when working with receipts from clients with debts subject to collection. According to the plan, it should be gentle for the debtor.

Which banks do bailiffs cooperate with and which ones do not?

- Banks will help bailiffs get into the pockets of Russians
- Can a bank withdraw money for debts?
- Banks are beginning to actively cooperate with bailiffs
- Which banks' accounts cannot be seized?
- Is there a bank where they won’t seize accounts?
- And from which cards of which banks can the bailiffs not withdraw?
And from which cards of which banks can the bailiffs not withdraw?
Banks that do not work with bailiffs

Banks will help bailiffs get into the pockets of Russians Sberbank was the first to sign such an agreement, which is why the most complaints from its clients can be found in the public domain.

Which banks do not work with bailiffs

1 Which banks do not work with bailiffs
2 Which accounts cannot be used by bailiffs
3 What to do when seizing accounts

The execution of decisions of government bodies and officials provides for the forced collection of debts. First of all, arrest is imposed on accounts in Russian or foreign currency.

In order to understand whether it is possible to somehow hide your savings and avoid their transfer, carried out on the basis of an issued decree or other executive document, it is necessary to find out which banks do not cooperate with bailiffs in 2017-2018.

Banks that do not work with bailiffs

Attention

Experts from both sides managed to establish cooperation, which resulted in the ability to write off funds from clients’ receipts without losing interest on the deposit, the bailiffs inform. - Now the bailiffs will first of all enforce those receipts whose regime allows funds to be written off from deposits without prejudice to the client on interest. The debtor must be prepared that his salary card may also be seized.

Info

Indeed, before writing off money, the bailiff must make sure that he has the right to do this. Since the law does not allow everything to be written off, there are certain types of income that are inviolable.

In practice, a sequence of questions appears. For example, at legal forums they are discussing the situation at a time when bailiffs blocked not only salary cards, but also credit cards.

About banks and finance

Bailiffs will be able to quickly acquire information about the availability of receipts, bank cards, securities, safe deposit boxes, and information about loans issued to the debtor. In addition, the bailiff will become aware of any movement of funds on receipts of debtor citizens.

If a penny dropped somewhere, it would be noticed. The project in the Northern capital is just the beginning: we have a large number of banks, and so do debtors. The law prohibits bankers from covering clients who are in debt.
Accounts can be seized, but if there is not enough money, you can wait. Or, as lawyers say, accumulate funds. Under such conditions, the account becomes a kind of trap for the debtor’s money: what comes in, does not go away.
As the director of the Federal Bailiff Service, Artur Parfenchikov, said then, the department is already working to introduce a similar system in other banks.

Which banks do not cooperate with bailiffs?

Some lawyers are confident that in this case the bailiffs only have the right to block the card, but not withdraw money from it. Russian newspaper - Federal issue No. 6025 (49) dated March 7, 2013 Source: www.rg.ru How not to pay a loan!!! Bailiffs!!! Fascinating posts: A selection of articles that should interest you:

What to do if a bailiff has seized a bank account to which wages are accrued Register to watch the video* Introduction 1. Can a bailiff seize a bank card? 2. The procedure for removing seizure from a bank account...
Which bank services the corn card? How to apply for and top up a corn credit card? May 12, 2015 A plastic card can serve as a good analogue of a bank loan while traveling abroad.

Which banks do not have bailiffs seize accounts - information for debtors

Sberbank? Only 10 banks cooperate with bailiffs. Which reliable ones do not cooperate? Along with the topic “Pension in Sberbank” they are also searching for: Urgent legal consultation free of charge 8 800 505-91-11

Banks do not cooperate with bailiffs.
They make a request to all banks and the banks are obliged to provide them with all information about accounts opened in these banks
There is no such list. It depends on your luck here. Sberbank is the first on the list where the request is made.
The FSSP has so far signed an agreement on such cooperation with only 4 banks - Sberbank, Promsvyabank, Gazprombank, VTB 24.
By law, bailiffs have the right to write off money from any bank account. But for this you need to make a request to each bank. Debits from the accounts of the mentioned banks occur automatically.

Which bank does not work with bailiffs?

Reply Is it unlikely that bailiffs make requests to foreign banks, all at once or just the main ones?

They do it at Sberbank, but the rest usually don’t get around to it.
Maya, at the request of the bailiffs, any (!) bank will provide information and, according to their order, will withdraw money from the account.

Is this legal?

Hello! submit a statement to the bailiff. What statement?

Similar questions Which banks do not cooperate with bailiffs? I didn’t give the decision to the bailiffs, the magistrates said that they would revoke the previous decision that was not in my favor, but for some reason they didn’t revoke it, etc. What companies exist to resolve the issue of discrepancies in settlements with the bailiffs, that is, they count one amount, but I don’t agree with them. Funds in the amount of 9,350 rubles were illegally written off from my pension account (plastic card) at Sberbank.

Which bank does not cooperate with bailiffs?

FSSP. Bailiffs can contact the bank to obtain detailed information about the financial condition of the debtor Which accounts cannot be used by bailiffs According to Articles 70 and 81 of the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings” with amendments, changes and additions that have entered into force December 5, 2017, there are restrictions on the collection of money from certain accounts of the debtor. The following funds cannot be written off:

in foreign currency, if the money in the account in rubles is sufficient to satisfy the claims of creditors;
located in the accounts of the referendum fund;
stored in a special election account.

For reference: restrictions on the withdrawal of money from the accounts of referendum funds and special election accounts were introduced only in March 2016.

Nowadays, on the territory of the Russian Federation, the number of debtors on loans taken from banks for various needs is rapidly growing, and this is due to the protracted economic crisis in the country, which made itself felt back in the fall of 2014. Thus, real incomes of the population decreased significantly, and prices, on the contrary, increased, which resulted in the physical impossibility of the population to pay off their long-standing debts. If we add to this figure the debts that citizens incurred to microfinance organizations because they simply did not have enough money for food and housing and communal services, the consequences look very sad.

However, no one has repealed or softened the law, and lawsuits continue to be resolved in favor of creditors, and then debtors are subject to penalties by the FSSP. Bailiffs, in turn, have a wide range of powers, including requesting data on the status of citizens’ accounts and immediately blocking them.

Procedure for seizing funds from the defendant’s accounts

The FSSP is an executive body that is responsible for the enforcement of court decisions against citizens of the country and legal entities. The main measure of primary recovery when the plaintiff applies to the bailiffs is to block the debtor’s money in the accounts, and it occurs in the following order:

First of all, the creditor receives a writ of execution, which is issued on the basis of a court decision.
Next, he can try to independently fulfill the will of the court and obtain voluntary payment of the debt from the defendant by presenting him with this document.
If this measure does not work, he submits the sheet to the FSSP, and they initiate enforcement proceedings to begin debt collection.
The bailiffs make a request to the banking institution whose client is the defendant and, having discovered funds in the account, demand that the bank block it.
Quite often, a writ of execution is replaced by a court order, which is issued in an expedited manner if the debtor’s guilt has been established in advance, and if the defendant does not cancel it within the period prescribed by law, then it comes into force.

Important! Since 2012, bank employees have signed a special document when applying for a job, which does not allow them to disclose in favor of the defendant the intentions of the bailiffs to block accounts so that they do not have time to cash them out.

Trial

How bailiffs obtain information about debtors' accounts

Bailiffs, as soon as they receive a command to act against a debtor, first of all send electronic requests to almost every commercial bank operating in the region of their jurisdiction. Of course, in the overwhelming majority of cases, the population keeps money in the top ten largest banks, such as Sberbank, Gazprombank, MKB, etc. Thus, the check begins with them, then, if they do not see anything significant, it automatically proceeds to smaller institutions.

Important! It must be said that Federal Law No. 229, which guides the FSSP service, obliges banks to provide all information about the requested persons, if they are their clients. All actions are initiated by a resolution to begin the search for the defendant’s monetary assets, sent to each credit institution.

What does a bailiff's request to a bank look like?

Requests made by FSSP employees to commercial banks, as a rule, are according to the list below:

By sending the relevant requirements in writing with Russian Post in the form of correspondence with a return notification. In these papers, they demand that a specific government representative be provided with information about the citizen’s funds in their accounts. Of course, the FSSP has all the passport data of the person who lost the lawsuit, which makes the notification procedure as simple as possible.
Many large banks have specialized employees who respond to requests from bailiffs, since their clients are millions of citizens. In such cases, requests are usually sent to colleagues via a dedicated email address.

Important! Regardless of the type of request, any request from the FSSP is a guide to action for authorized employees of banking organizations, and they immediately provide all information about their clients, even if this threatens their reputation.

FSSP Service

Banking institutions that do not provide information upon requests from bailiffs

Many citizens are wondering which banks do not provide information to bailiffs. In general, no bank in the country has the right to refuse cooperation from bailiffs, since the FSSP strictly adheres to the requirements of the law. However, it should be taken into account that the seizure of debtors’ accounts is still a secondary measure resorted to by law enforcement officers. The most effective method was and remains blocking the defendants’ debit and credit cards, since the information on them is practically on the surface, unlike data from savings accounts.

Thus, bank cards are seized today within 1 business day, and, as a rule, debtors have no opportunity to withdraw funds from them. The same applies to the debtor’s card, on which wages are calculated, which is most convenient for government officials, since it is periodically replenished.

Bankruptcy of an individual

However, it will be much more difficult for bailiffs to collect funds from the following citizens’ accounts, if they have them:

No debit social cards on which state-provided payments are credited. Thus, alimony bills paid in favor of the child’s mother, pension transfers from the Pension Fund of the Russian Federation, childcare benefits, disabled people and other state social benefits that are prohibited for bailiffs cannot be collected, since all these funds are directed to the benefit of socially vulnerable layers of the population.

This also includes scholarships, unemployment benefits and, of course, maternity capital. However, if funds were transferred from a social card to a regular commercial account that is under arrest, the funds will be immediately frozen or written off as debt.

Seizure of accounts

The same applies to reverse charges from commercial cards to social ones: bailiffs can easily track the recipient of incoming funds, and if it is not a government agency, the funds are subject to write-off or blocking. However, if the amount of debt is significant, 50% of pensions can be seized, but this happens extremely rarely.

Which banks do not cooperate with bailiffs? Numerous small banking institutions that do not have state funds or influential individuals from big business close to power in their capital. Such organizations sometimes value each of their clients, since any release of information can seriously damage their reputation, and, accordingly, they try not to leak information about them to representatives of government agencies. Their main measure is not to hide information from the bailiffs, but to promptly warn clients about the upcoming arrest, so that they have time to transfer their funds to another place or withdraw cash. However, as practice shows, any major inspection of such an institution can easily lead to the revocation of the license and further bankruptcy of the bank.
Recently, a fairly large part of the population has begun to actively use electronic payment and savings systems for financial transactions, for example, Qiwi, WebMoney, Payeer, etc. These accounts are checked by bailiffs last, and there are never any problems opening it to another face and stay in the shadows all the time, without revealing your real savings to government officials.

Important! Unfortunately, it is almost impossible to say exactly which financial institution does not cooperate with the FSSP service, since liability for the bank can occur at any time, and they will make a deal with the state, but to the detriment of clients.

Actions of a debtor whose bank account has been blocked

If bailiffs have seized the debtor’s accounts, citizens need to take the following steps without succumbing to anxiety, since this procedure is quite ordinary for the population:

First of all, it is worth going to the bailiff for an appointment and finding out how legally the representative of the authorities acted, whether there is a court decision in the case and how payments can be restructured in other ways.
If a court decision and a writ of execution actually exist, and the debtor himself recognizes the amount required by the creditor, it must be repaid. It should be said right away that if a citizen’s account contains an amount greater than the assigned debt, the required funds will simply be automatically written off to repay it, there will be no arrest, and the balance on the balance will be available to the former debtor. Account blocking occurs only in cases where there is not enough money on the card or account, and the bailiffs will wait for new receipts.
If the debtor perceives a violation of the law in the actions of the bailiffs, he has the right to write a complaint to a higher authority or file a petition in court.

Cooperation between bailiffs and banks

Important! It should be said right away that if the account is completely blocked, illegal actions are seen as such - the FSSP service cannot recover more than 50% of the debtor’s income in favor of the creditor, no matter what the amount is, and no matter how many creditors lay claim to the debtor’s property.

In what cases is seizure removed from the debtor’s accounts?

The law provides several ways to remove restrictions from the debtor’s accounts, depending on his actions, namely:

The classic method is for the debtor to fully return the funds collected from him to the creditor and close the debt. In this case, he needs to collect all payment orders proving this fact, appear before the bailiffs, write an application to lift the arrest, and the seized funds will be revealed to him on the same day.
If the court recognizes the actions of the bailiffs as illegal, and they could not seize the funds by law, or the debt was accrued by mistake, the court decision can be canceled for lack of the subject of collection. The same can happen if the debtor did not receive any messages about the lawsuit, which would allow him to take certain measures without bringing the matter to the bailiffs.
In the case when the debtor reaches certain amicable agreements with the creditor regarding his non-payment, he also takes the writ of execution from the bailiffs, since according to the law the debtor covers the debt. Here it should be said right away that the document is valid for an indefinite period, and if the debtor violates his agreements, no one is stopping the plaintiff from applying to the FSSP again.
When a debtor goes through bankruptcy proceedings and, in fact, loses all his assets, and any of his accounts are no longer managed by himself, but by an arbitration manager.
If the debtor has been charged with all his property, which is subject to confiscation by law, and there is simply nothing left to unblock. In this case, the defendant’s salary account most often remains blocked.

Amortization

Important! In order for the court to take the side of the defendant and make a decision to lift the arrest, he should have extensive knowledge of the legislation of the Russian Federation, since there are many nuances. This means that it is best if the debtor turns to a professional lawyer for help, who, if he cannot fully achieve the desired result, will at least soften the conditions for the debtor. For example, if a penalty is imposed on a pension, an experienced lawyer will always be able to reduce the monthly penalty to 30% of the total accrual amount.

To summarize, it should be said that any debt must be paid immediately, and not brought to court and more unpleasant consequences, since in the end the debtor will have to not only pay the entire amount in the requested amount, but also forcibly repay the FSSP enforcement fee, assigned in the amount 7% of the amount charged. This means that it is always easier to go to a credit institution immediately after problems arise with loan payments and try to negotiate a restructuring of the debt, or its deferment due to a difficult life situation, for example, loss of a job or the fact that the employer is significantly delaying wages. And, as a rule, banks are quite willing to enter into such transactions, softening their payment conditions if the debtor provides the necessary justification.

Increasingly, the topic of erroneous write-off of funds against non-existent debts by bailiffs from bank accounts belonging to debtors of the same name is being raised on Internet forums. On what basis do credit institutions continue to collect money from client accounts? Which of them have already entered into agreements with the FSSP of the Russian Federation, significantly simplifying the procedure for collecting or seizing accounts? What to do for those whose debit card has unreasonably gone into the red?

You will find answers to these questions in this article.

FSSP plus the banking community – high-quality execution of court decisions

The opportunity associated with the seizure of funds in the debtor’s account appeared to bailiffs mainly since 2007 with the entry into force of Federal Law 229 on “Enforcement Proceedings”. In accordance with this law, arrest can be imposed only by a court, a bailiff, including by order of the preliminary investigation authorities based on the existence of a court decision (Article 115 of the Code of Criminal Procedure of the Russian Federation). Seizure can also be used in other cases provided for by law (enforcing the execution of a court decision or claim, within the framework of criminal procedural legislation, etc.).

If there are no details of the debtor, the bailiff has the right, after issuing a resolution to search for accounts, to send it to credit organizations for execution.

Significant progress in the debt write-off system was achieved through the introduction of an electronic document management mechanism in 2011.

The FSSP of the Russian Federation developed a standard agreement with credit institutions, which made it possible to send requests for write-offs of funds in electronic form and significantly reduce the time for processing them. From now on, bailiffs and banks can exchange information via secure communication channels.

Sberbank of Russia was one of the first to sign such an agreement on interaction back in December 2011, undertaking obligations to provide, upon electronic request of bailiffs, in electronic form information regarding the availability of current accounts (cash in accounts) of debtors (individuals or legal entities according to enforcement proceedings), thus executing the orders of the bailiffs. In turn, this allowed the FSSP of the Russian Federation to search for accounts of debtors opened in Sberbank branches throughout Russia, significantly reducing the time spent on arrest and foreclosure.

VTB Bank soon joined the mutually beneficial cooperation, whose President and Chairman of the Board Andrei Kostin noted at the agreement signing ceremony that improving financial instruments is the key to effective execution of court decisions in Russia.

An agreement on electronic document management has already been concluded by a little more than 100 credit institutions (information as of March 2017). The FSSP of the Russian Federation continues to actively support and develop interaction with the banking community, eliminating all possible risks associated with attempts by debtors to withdraw money from their accounts.

In real life, the interaction system discussed above looks like this: a credit institution debits a certain amount from the account of the debtor, who receives a corresponding notification of the collection on his phone. On the one hand, this is convenient, since you no longer have to worry about small debts generated; you just need to open a card at VTB24, Sberbank or another bank that actively cooperates with bailiffs, and the debts will be automatically written off.

The downside is that this will always happen without your knowledge, even if you drove through a red traffic light...

Those credit institutions that have not yet joined electronic document management cooperate with bailiffs on the basis of Article 81 of the Federal Law “On Enforcement Proceedings,” responding to requests in writing, which takes much more time.

Executive documents to help credit institutions

According to the general scheme, it is possible to initiate the seizure or foreclosure of the debtor’s funds within the framework of enforcement proceedings initiated on the basis of a court decision, after which the writ of execution (court order) can be sent by the bailiffs directly to the credit institution. As a rule, when such a document arrives at the bank, the latter only checks its validity (compliance with the law) and the availability of funds in the account of the debtor.

Thus, both parties can effectively interact solely on the basis of executive documents.

If all these conditions are met, the credit institution must immediately write off the funds, otherwise it risks being fined by the Regulator due to the fact that it notified the debtor, and he withdrew money from the account. In fact, the bank does not have the right to postpone even for one day the actions that the FSSP asks to apply, otherwise it will have to pay almost half of the funds that are subject to collection.

If the funds in the debtor's bank account are not enough to repay the debt in full, write-offs are made gradually, i.e. as funds arrive in the account. The bank notifies the bailiffs about each such write-off, informing them of the partial execution of the received order. “Undisputed debts” (recognized by the debtor and confirmed by documents) incurred for taxes and utilities are collected in a similar simplified procedure.

Write-offs do not apply to benefits such as maternity capital, loss of a breadwinner, injury to health, etc. (the full list is contained in Article 101, Article 229 of the Federal Law).

Right to make mistakes

The introduction of a simplified procedure could not but affect the mood of citizens, who increasingly hold a negative opinion about such penalties.

One side of the coin is when the reason for this is actually debts accumulated to the state (non-payment of car fines, taxes, alimony, utilities, litigation and loans). And the second - when you have nothing to do with unexpectedly written off debts, the owner of which is a namesake with an identical full name, date and place of birth (this also happens).

In such a situation, banks should not be blamed: they are not responsible for illegal write-offs of funds, but are only ordinary performers in the overall scheme of collecting debts from customers. The error must be looked for somewhere at the level of the housing and communal services - a frequent initiator of such collections, or the bailiff service itself, which can collect the same debt several times from a debtor who has, for example, two current accounts in different banks.

If you discover that funds have been written off from your own account due to a debt that you know nothing about, you first need to contact the bank, and only then go to the FSSP department that is relevant to your case.

If it turns out that the money was written off due to the fault of the credit institution, then, in addition to returning the written-off amount, it will also have to pay the client compensation in the form of interest for using someone else’s savings (Article 395 of the Civil Code of the Russian Federation).

If the case is before the FSSP, it is advisable to appeal the actions of the bailiff before his immediate superiors. The complaint must be sent within 10 days, calculated from the day on which the victim became aware of such an error. If there are no expected results, the issue is resolved in court.

How to figure it out on your own to resolve the situation

Today, the service available on the official website of the FSSP of the Russian Federation is very convenient in terms of checking for the presence of enforcement proceedings or a court decision. If, after entering the requested information, the service produces information in which you are mentioned as a debtor, you should perform a number of actions.

Necessary:

contact the court by telephone or make a personal visit in order to establish the circumstances, and have an identification document with you;

make a call to the bailiff who initiated the enforcement proceedings, informing him that you are the debtor’s namesake, then meet him in person and present your passport, TIN or SNILS, i.e. any of the documents that will allow you to identify You. As a rule, in such cases, namesakes are asked to file a statement regarding mistaken identity in enforcement proceedings.

If there is no confirmation of a court decision or enforcement proceedings, you need to contact the contact center of the credit institution where you have a blocked account.