Bank card blocked by bailiffs. Can bailiffs block a salary card and what to do? How to remove an arrest from a salary card

Relations between the lender and the borrower are governed by a loan agreement that was signed by both parties, regardless of what the client's goal is: taking a mortgage or issuing a simple credit card.

If you do not pay off the debt on your card for a long time, at one fine moment it will simply be blocked.

Main reasons for blocking

The bank takes such actions on the basis of the decision of the bailiffs. Usually, the decision to arrest does not violate the law, but the client is still interested in what to do if the bailiffs have blocked the salary card. Let's take a closer look.

The arrest on the card is imposed in the following order:

1. The court makes a decision according to which the borrower must fully repay all debts.
2. The bailiffs send a notice (a writ of execution) to the creditor bank.
3. According to him, the lender blocks the card.
4. Bailiffs have the right to withdraw no more than 50% from the client's salary card.

The user's salary card can be arrested in order to pay off debts on a loan or utilities, to pay alimony, etc.

Solutions to the problem

If bailiffs have blocked a salary card, there are several options for solving the problem. The choice of one of them will depend on the reasons for such an act. Here are a few tips that can help:

• Meet with the bailiffs. First, the bank finds out the reason for the arrest, then you need to get a certificate that confirms the fact of blocking the salary card. Now you can go to the bailiffs, write an application for unblocking there, you just have to pay off the debt in full.
• Agree with the boss. You can ask to give you wages in cash, but few will go for it.
• directly to the lender. If you pay off all debts, the creditor can withdraw the claim, which will automatically allow you to remove the block from your card.
• Appeal to the court. If for some reason the bailiffs blocked the salary card, and you do not agree with such a decision, you can appeal it in court by filing a lawsuit.

In any case, the easiest way to solve the problem is to fully pay off the entire amount of the debt, after which the bailiffs themselves will send an application to the bank with a request to remove the block.

You can borrow money from friends or acquaintances, or write a statement so that they take your property to pay off debts. Sooner or later you still have to pay. Therefore, we recommend that you avoid such serious delays and do not ignore your credit obligations.

Protect your rights

If suddenly you received a notification that the salary card in your bank was arrested, you need to carefully study the law "On Enforcement Proceedings".

It describes in detail the procedure for the actions of bailiffs, options for getting out of this situation, and you can also read about the reasons for blocking. This will allow you to judge whether the actions of the bailiffs are lawful.

Answering the question whether bailiffs can block a salary card, we answer - they can, but no more than 50% of the amount can be debited from the account. Each situation is very individual, so it is quite possible that the help of an experienced lawyer will be useful to understand everything.

The blocking algorithm includes:

1. Contacting the accounting department at the place of work, where the client is issued a certificate of income for the last 6 months. The certificate must clearly state that the salary is received exactly on the specified card account;
2. Contacting the lender's bank branch, where they must accurately state the reason for blocking the card. If the reason for this is the decision of the bailiff, then you need to contact him;
3. Write 2 statements: the first with a request to familiarize yourself with the material of your case (the borrower has every right to do this in accordance with current legislation). So you can find out the full amount of the debt, who collected it, and see the accompanying documents on the basis of which the account was arrested;
4. The second application with a request to remove the arrest from the salary card, if for some reason more than 50% of all obligations are charged from the account. It is accompanied by a certificate from the accounting department.

Block appeal

Once you have familiarized yourself with the documents in the case and ascertained their legality, you can write an application for the removal of the arrest. If for some reason the bailiffs are in no hurry to withdraw the claim, a complaint can be filed immediately with the court, the prosecutor's office or the bailiff service at the place of registration. Already within 30 days they are required to send a written response.

If the bailiffs blocked the money on the card and you need to remove the arrest, it is important to fill out the application correctly. It must include the following details:

• The name of the bailiff service and their location.
• Name of bailiff and applicant.
• Place of residence of the applicant.
• The date when the enforcement proceedings were opened. Case number.
• The name of the bank from which the applicant has a salary card.
• The number of the card that was seized.

It makes sense to take the help of a specialist if you do not know what to do in a card blocking situation. The easiest way is to pay off the debt. An account in a bank where funds are kept can be subject to arrest.

If more than 50% of accruals have been withdrawn from the card account for the last month, then you must immediately file a lawsuit in court. During the proceedings, it will be clarified for what reason the amount of penalties exceeds the allowable norms, and it will also be possible to limit the amount of deductions.

Alternatively, you can talk to your employer to start getting at least part of your salary in cash. Of course, this will not help to remove the arrest from the card, but the person will have the means to live.

As a rule, the cardholder himself learns about the fact of blocking already after the fact, and it often happens that not 50%, but all 100% is withdrawn. It is sometimes quite difficult to return the money withdrawn from the account by the bailiff, as well as to unblock the card, so only a lawyer can help the victim.

Check out the offers of banks

Card with cashback in Rosbank

Issue a card

More about the map

• Cashback up to 7% - for selected categories;
• Cashback 1% - for all purchases;
• Bonuses, discounts on goods and services from VISA;;
• Internet banking - free of charge;
• Mobile banking - free of charge;
• Up to 4 different currencies on 1 card.

Card from PromsvyazBank

Issue a card

More about the map

• Up to 5% cashback;
• Cash withdrawal without commission at partner ATMs;
• Card service - free of charge;
• Internet banking - free of charge;
• Mobile banking is free.

Card from Home Credit Bank

Issue a card

More about the map

• Up to 10% cashback from partners;
• Up to 7% per annum on the account balance;
• Withdrawing funds from ATMs without commission (up to 5 times a month);
• Apple Pay, Google Pay and Samsung Pay technology;
• Free internet banking;
• Free mobile banking.

Debit card from Alfa Bank

The bailiffs blocked the salary card: what to do, to whom and how to contact in order to solve this problem as soon as possible? The answers to these and other questions will be discussed in detail in this article.

Reasons for blocking a salary card

Very often, people who receive wages for plastic ask themselves whether bailiffs have the right to block a salary card. Indeed, after all, the card is yours, the money on it is also yours, so on what grounds are funds debited unilaterally (that is, without your consent)?

If the bailiffs blocked the salary card, it is likely that this happened for one of the following most common reasons:

• the presence of overdue debt on a mortgage or consumer loan,
• utility bills,
• unpaid fines
• obligation to pay child support on time.

Arrest can be imposed not only by the courts, but also by tax, customs authorities, and the federal financial monitoring service.

How is the card blocked?

In fact, if the bailiffs blocked the card, this happened in accordance with the current legislation. The procedure for seizing a card is as follows:

1. The issuance of a court decision, according to which the borrower must fully repay the existing debt,
2. A notice in the form of a writ of execution is sent to the bank that issued and services the card,
3. Based on the writ of execution, the issuing bank blocks the plastic,
4. Funds are debited (one-time or monthly), and after repayment of debts, the funds are released.

Thus, the answer to the question whether bailiffs can block a salary card will be in the affirmative.

Options for solving the problem of blocking a salary card

Consider options for what can be done if bailiffs have blocked a salary card.

Personal meeting with bailiffs

First you should go to the bank that issued your card, find out the reason for the arrest of funds, and also get a certificate confirming the fact of blocking and the fact that funds were debited from the salary card. After that, you can go to the bailiffs and write a statement regarding unlocking. Beforehand, you can familiarize yourself with the materials of your case - for this you also need to write an application. From the file you will find out the exact amount of the debt, and by whom it is collected. If more than 50% are written off, you also need to write a statement asking you to sort it out.

Contacting a lender

If it is possible to promptly pay off all the existing debt that caused the blocking of the card, the creditor will withdraw the claim, and the absence of a statement of claim will automatically lead to the release of funds on the salary card.

Going to court

The bailiffs blocked the card, but you do not agree with this? Then you can appeal the court decision by filing a counterclaim.

There is also such an option as a temporary solution to the problem - to agree with the boss that you will be given wages in cash, bypassing plastic. However, let's be honest - few leaders will do this.

Therefore, it is better to borrow money from friends or acquaintances (or give away part of the property to pay off debts), close the debt, after which the card will be automatically unlocked.

But don't panic. A positive answer to the question of whether bailiffs can block a salary card should be clarified with an amendment that no more than 50% (in individual cases - 70%) of all funds received for plastic can be written off.

Keep in mind that the amount of deductions can be reduced to 30% if the debtor has a minor child, and up to 25% if the child is raised by a single parent.

How to write an application for unlocking funds

So, the bailiffs have blocked the card, but what do you not know to do? If you managed to pay off or restructure the debt and need to urgently remove the arrest, you must write an application that must include the following information:

• The name of the bailiff service, their address,
• Name of the applicant and the bailiff himself,
• The address at which the applicant is registered
• Case number and date when enforcement proceedings were opened,
• Name of the issuing bank of the salary card,
• And, in fact, the card number.

If more than 50% of accruals have been debited from the card in the last month, you should immediately file a lawsuit in court. So it will be possible to find out on what basis more funds are blocked than expected, and at the same time it will be possible to reduce the amount of penalties.

It often happens that all debts have already been paid off, and it is not possible to fully use your salary card. In the absence of debt, the bailiff must transfer to the bank servicing your card a decision to cancel the block. If the terms for the cancellation of the arrest are unreasonably delayed, you have every right to apply to higher authorities:

• to the prosecutor's office
• to court,
• to the local bailiff service.

You can file a complaint in person or by mail. The review period is up to 30 days, after which a written response must be received.

In the process of unlocking the card, the court and the bank can send the debtor to each other, so lawyers recommend that all applications submitted be made in several copies and that all documents related to the case be kept.

Under current legislation, there is no provision for blocking a salary card. However, in practice this is by no means uncommon. Are bailiffs entitled to seize a salary card in 2019?

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and IS FREE!

By law, the first thing a bailiff does when executing a court order is to foreclose on bank accounts and cards. Often, debiting funds is accompanied by account blocking.

With a lack of funds, the debtor's balance "goes into the red." But do bailiffs have the right to arrest a salary card?

General aspects

In the implementation of enforcement proceedings, the duty of the bailiffs is to search for property that can be confiscated in payment of the debt.

Property includes any material assets, including bank accounts. Bailiffs send requests to different banks, demanding to provide the debtor's account number.

The bank is obliged to satisfy the request. But the data provided does not indicate the purpose of the account - current, or salary.

It turns out that bailiffs cannot arrest a salary card. They have no right to block it, withdraw it and perform other actions.

But they may well arrest the account to which this card is linked. At the same time, they do not know that the account is a salary account.

A related question arises, what part of the funds can be charged from the salary card to pay the debt for enforcement proceedings, and is such a write-off legal in principle?

Required terms

The debtor's accounts are seized as part of enforcement proceedings. The bailiff begins the search for property for recovery only after receiving the writ of execution.

This document becomes the result of the trial and the consequence of the court decision that has entered into force.

The direct debtor must receive by mail a copy of the resolution on the commencement of enforcement proceedings. Five days are given for voluntary repayment of the debt.

After this period, a decision to search for property is issued. At the same time, 7% is added to the amount of debt. Arrest is imposed on any found property belonging to the debtor.

Seizure means that the owner of the property cannot use it until the full repayment of debt obligations.

Including can not perform any operations with the seized property. In the case of the arrest of a bank account, one should distinguish between such concepts as “blocking” and “seizure”.

When an account is blocked, no operations on it are possible.

That is, you can neither withdraw funds nor replenish the account. When arrested, we are talking about freezing the account. Available funds are written off against debt, but the receipt of funds is not prohibited.

As a rule, when seizing, the account owner sees a negative balance.

This reflects the amount of debt for enforcement proceedings. As the money is credited to the account, the negative amount will decrease.

Only when this amount turns out to be equal to zero, we can say that the debt is fully repaid. Can bailiffs seize a Sberbank salary card?

There is no difference, when searching, the presence of accounts in any financial and credit organizations is checked. The accounts of Sberbank, VTB 24 and any commercial banks where accounts are found are subject to arrest.

Types of debt

When blocking a salary card, you should first find out who is the initiator of the procedure. Usually, a bank freezes accounts by decision of bailiffs or a written submission by the court.

Judicial proceedings, as a result of which cards and accounts may be blocked, are initiated in several cases:

• the presence of a solid debt for;
• non-payment of the appointed alimony;
• failure to pay a fine;
• large loan debt, etc.

In any case, the blocking of the card is preceded by a sequential process, when the institution or company sues to collect the debt.

If the court recognizes the claim as legitimate, then an appropriate decision is made. On its basis, enforcement proceedings begin with the search and seizure of the debtor's property.

Legal regulation

The procedure for seizing the debtor's funds stored in the bank is regulated (as amended on 12/28/2016), namely.

According to this provision, after the start of enforcement proceedings and the expiration of the period for voluntary repayment, the bailiff sends copies of the resolution on the search for the debtor's accounts to banks.

If any are found, the funds are seized in the amount of the debt indicated in the executive document.

When the available funds are insufficient, the bank suspends operations on the account and executes as funds become available, up to the full repayment of the debt.

That is, in fact, the bailiff can seize any discovered account.

Do they have the right

Under current legislation, the bailiff has the right to seize any discovered account.

At the same time, the FSSP cannot know that the account is a salary account or that they are receiving it.

The arrest from the account is removed only after the payment of the debt in full or at the direction of the FSSP.

Therefore, if an account is arrested, to which funds that are not recoverable are received, then the debtor must contact the bailiffs and provide documentary evidence of the impossibility of arresting a particular account.

In the situation with the salary account, there is no direct ban on his arrest. But since wages may be the only source of income for a citizen, the law limits the amount of withdrawals against debt.

But, again, since the bailiff does not know the purpose of the account, you will need to contact the FSSP with the appropriate confirmation. After that, the arrest from the salary account will be partially removed.

What to do in such a situation

If the salary card, or rather the account, is still blocked, then the FSSP should be contacted after preparing.

You need to get a certificate from the bank that a certain account (card) is used to receive salary funds. The bailiffs will offer to apply for the removal of the arrest, but this still will not save you from paying the debt.

But in addition to contacting the FSSP, other scenarios are possible:

The simplest and most obvious solution is to pay off the debt. It is unlikely that it will be possible to agree with the plaintiff if the debt is accrued for traffic police fines.

After payment, the bailiffs themselves will send a letter of demand to the bank to remove the arrest from the card.

How can I remove an arrest?

Unblocking a salary card is carried out only on the basis of the relevant instructions from the FSSP or a court decision received by the bank.

If for some reason the removal of the arrest is delayed, then you can send a complaint to:

• court at the place of residence;
• the prosecutor's office at the place of registration;
• territorial branch of the FSSP.

Complaint in writing is submitted in person or by registered mail. The request is considered within thirty days.

After that, the applicant is given a written positive/negative answer. As is obvious, the process of removing the arrest is far from a quick procedure.

Therefore, it is better not to allow the blocking of the salary card. For this, it is necessary to provide the bailiffs with the address in a timely manner.

Then the judgment will be sent to the employer. The required payment amount will be charged monthly to pay the debt before the salary is transferred to the card.

Maximum Hold Size

As mentioned above, the FSSP can collect only part of the salary as part of the enforcement proceedings. More than 50% of monthly salary cannot be collected.

When proceedings relate to unpaid alimony, the maximum amount of deductions does not exceed 70%.

But you need to know about the sequence of recovery. First of all, bailiffs identify bank accounts. After the arrest, funds are withdrawn to pay off the debt.

When the bailiff knows that the account is a salary, the maximum allowable amount is withdrawn.

If the debt is not repaid in full, the search for movable and immovable property begins. Found objects are seized, after which they are sold at the lowest price.

When an outstanding debt remains after the sale of the property, 50% of the debtor's income, including salary, and so on, is charged monthly, except for the exceptions listed in the law.

Frequently asked Questions

Questions that arise when seizing a salary card mainly relate to the legality of the actions of bailiffs.

Theoretically, collecting wages in full is against the law.

But here there is such a situation as the substitution of terms, in particular, the imposition of arrest and penalty. And the possibility of challenging the actions of the FSSP is somewhat debatable.

A clearly similar situation is considered in the Ruling of the Sverdlovsk Regional Court in case No. 33-13446/2011 dated 09/20/2011.

A citizen applied to the court, whose bank salary account was arrested as part of enforcement proceedings for the return of unpaid money.

The plaintiff demanded that the arrest be declared illegal and that the amount of deductions not exceed 50%. Subsequently, the plaintiff waived the requirement to determine the amount of the withholding.

The bailiff did not appear at the hearing. By decision of the court, the seizure of the plaintiff's account was declared unlawful.

However, such a decision did not satisfy the authorities concerned, and the bailiff appealed to the unreasonable decision of the court of first instance and the incorrect application of substantive law.

In the process of checking the cassation appeal, it was established that the bailiff, as part of the enforcement proceedings, issued a decision to seize the bank account.

At the same time, although the documents on the case indicate the place of work of the debtor, the number of the salary account is not indicated. The bailiff with the talo knows about the salary assignment already after the arrest.

At the same time, legislative provisions on the partial recovery of funds were also considered.

But the bailiff in his decision indicated only the arrest of funds in a certain amount, but did not indicate the need to collect them, reserving the right not to follow the order of collection.

Thus, the actions of the bailiff were aimed only at ensuring the execution of enforcement proceedings in terms of ensuring the safety of the discovered funds.

On this basis, the previous decision was canceled and the seizure of the salary account was recognized as lawful.

If without a court order

Speaking about the seizure of a salary card (account), you need to understand how the process of enforcement proceedings is carried out.

This cannot begin until it receives a proper judicial decision. Only after receiving the writ of execution, the bailiffs begin to act.

First, the debtor is notified, offering to pay voluntarily. Only in case of refusal or ignoring of payment funds are debited from the accounts.

Important! Without notification, the bailiff cannot start the seizure procedure. But if the notification letter did not reach the addressee, this will not affect the course of enforcement proceedings.

After a certain time, the bailiffs begin the recovery procedure. When the salary card was arrested, it is necessary to find out for what reason.

Video: the bank writes off wages in paying off loan debt - what to do

The debtor, when applying to the FSSP, must be provided with a proper writ of execution. In the absence of a court decision, the seizure of funds and property is illegal.

Can bailiffs seize a salary card again? Yes, as soon as they receive the appropriate court decision.

Can a wife's card be blocked for her husband's debts

In accordance with the bailiff has the right to foreclose only on the property of the debtor himself.

That is, in the process of searching for property, it is necessary to establish its ownership. But it is not uncommon for a wife's salary card to be blocked for her husband's debts.

If this is not enough, then the spouses are jointly and severally liable within the framework of their own property. That is, bailiffs can seize the accounts of the spouses of debtors.

But such a penalty is possible only if there is an appropriate court decision.

When enforcement proceedings are initiated only against the husband and the wife is not a co-defendant in the case, the bailiff does not have the right to confiscate her share of property and personal funds.

For example, the wife is responsible for the rent debt jointly with the husband. But if it comes to her husband's unpaid loan, you still need to prove that the funds were spent for the common good.

If completely

The law says that only 50%, maximum 70%, of the funds can be recovered from the salary. But here there is a nuance.

It says that these restrictions do not apply when foreclosing funds on salary accounts, except for the amount of the last payment.

To put it more simply, bailiffs have the right to write off 100% of the funds stored on it from the salary account.

But 50-70% will be charged from subsequent receipts. Therefore, it is not advisable to appeal the full write-off of money from the salary card. There is no violation of the law in this.

Bank cards are the most popular type of financial management among residents of all countries, therefore, such items are considered important material values ​​that can become an object of arrest in the process of fulfilling enforcement obligations in enforcement proceedings. Sberbank cards are in demand, which often become the object of blocking by bailiffs.

If a bailiffs blocked a Sberbank card, what to do for the successful resolution of such a situation, not everyone knows. Initially, it is worth finding out the real reason for blocking a credit card, which organization initiated this procedure and further prospects for arrest. Most often, bank employees can block an account after receiving an official court order or decision of bailiffs. Credit card blocking can be carried out if the following circumstances arise:

1. The bank client has an outstanding loan;
2. The card is blocked when a loan with an overdue debt repayment period is found;
3. Lack of payment of utility bills;
4. The presence of various fines;
5. Other debt obligations.

Free legal advice

Application successfully sent!

Our lawyer will contact you shortly and advise you.

The best lawyers

Larionov

Actions of clients in case of blocking a bank card by bailiffs

If the reason for blocking a personal or credit card is the actions of bailiffs, then bank customers should take care of eliminating the circumstances that became decisive in the process of seizing. It is imperative to remember that when withdrawing finances from bank credit cards, debiting is carried out from ruble accounts, then from foreign currency. Violation of this order is illegal and is the basis for going to court.

Before debiting money, the bailiff must indicate the details of the account from which the funds will be withdrawn. The financial legislation establishes the rules according to which the executive services have the right to withdraw only a certain part of the funds. Accordingly, as a result of the arrest, only 50% of the total amount will be withdrawn, but if the case concerns alimony, then finances within 70% of the total account balance can be withdrawn.

To successfully resolve the situation associated with the blocking of the card, it is worth negotiating with employees of the bailiff service. To do this, it is necessary to accurately determine the reason for the arrest. If the object of blocking is a credit card to which salaries or social payments are credited, it is necessary to immediately draw up an application demanding unblocking. As a result of negotiations, the procedure for paying off debts will be determined, as a result of which all obligations will be fulfilled over time.

In some cases, bailiffs refuse to accept the conditions of bank customers, so employees of state or commercial organizations have the right to contact the employer to change the terms of remuneration. After that, wages will be issued in cash. However, receiving cash payments does not exempt from paying debts.

The most effective and efficient way to resolve this situation, which will help to quickly unblock a bank card and fulfill all the requirements of enforcement proceedings, is the full repayment of debt obligations. In this case, after the provision and verification of executive documentation on the results of production, the banking institution is obliged to fully unblock the credit card within ten days from the date of its official arrest.

The procedure for unlocking a Sberbank card

When bailiffs blocked a bank card, what to do only an experienced lawyer will tell you, since attempts to independently remove the arrest through VTB 24 may be ineffective or lead to more adverse consequences. What to do and what actions to take to unlock a Sberbank credit card, whether every bank client probably knows a lot of the bank. Therefore, it is important not to panic and, after discovering the fact of blocking, immediately contact the round-the-clock support service to clarify the specific reason and circumstances of the arrest. In case of confirmation of the fact of arrest of a credit card, bank customers should follow the following algorithm of actions:

1. Visiting the bailiff service subject to prior appointment;
2. Collection of documentation that states the reasons and circumstances for seizing the client's bank credit cards;
3. A detailed study of all the circumstances of the case, which will determine the legality of such a course of fulfillment of executive requirements;
4. Drawing up an appropriate application, which indicates the fact of crediting wages or social benefits to the card.

After receiving this application on behalf of the debtor, the bailiff in charge must decide on the removal or continuation of the arrest. In some cases, a resolution is also issued on the transfer of a certain part of the credits against debt obligations. After the decision is issued, information is provided to banking institutions, as a result of which the client will be able to pay off debt obligations and receive personal funds on bank cards.

If the bailiffs perform their obligations improperly or violate the law, bank customers have the opportunity to apply to the judicial authorities or the prosecutor's office with a corresponding complaint. This document must be reviewed by authorized employees within thirty days, after which a reasoned response is issued. In the absence of the desired results after cooperation with bailiffs, it is worth contacting lawyers who will help plan a correct and effective strategy of action.

In the process of enforcement of judicial acts, FSSP officials have the authority to seize the property and accounts of the debtor. Can bailiffs block a salary card if these funds are the only source of livelihood for a citizen? The answers to these questions can be found in the material presented.

Legal grounds for foreclosure on citizens' accounts

In the modern world, a rare person can do without interacting with banking structures. Opening an account, depositing or getting credit cards has become commonplace, and salaries are usually transferred in a non-cash form.

In the event of a court decision, citizens have an obligation to fully repay the debt. If voluntary execution does not occur, the documents are sent to the FSSP service. Bailiffs have the authority to carry out the following actions:

1. search for property and monetary assets of the debtor;
2. search for citizens, as well as establishing the place of their labor activity;
3. seizure of property and funds;
4. foreclosure on seized property.

Arrest, as a procedural decision, applies not only to things, objects and objects, but also to the accounts of persons who were defendants in a lawsuit.

A salary card is required to receive a monetary reward from an employer. When contacting a credit institution (for example, a local branch of Sberbank or any other financial institution), an account is opened for a citizen to whom a salary card is linked. Thus, when transferring monetary rewards to places of work, the account is replenished.

If the bailiffs issue a decision to seize the accounts of citizens, bank employees are obliged to fulfill the requirement of these officials and block all transactions with the client's funds. At the same time, citizens may not receive notification of such actions and learn about the write-off of funds only after the fact has happened.

If the bailiffs blocked the salary card, what to do and where to go? In some cases, citizens have the legal right to challenge the illegal actions of FSSP employees.

Free legal advice

Application successfully sent!

Our lawyer will contact you shortly and advise you.

The best lawyers

Larionov

The procedure for challenging actions if a salary card is blocked

Bailiffs have every right to block a debtor's account or card, but the ability to write off citizens' funds is significantly limited by the requirements of the law. First of all, it concerns the maximum amount of deductions.

In the process of debiting money from the debtor's account, the following conditions must be met:

1. the specific amount of deduction may be established in the decision of the judicial authority (for example, 25% of the employee's income when establishing maintenance payments);
2. the maximum amount of deductions in the execution of a court order cannot exceed 50% of the income received (exceptions to this rule can also be provided only by law);
3. exceeding the maximum write-off violates the rights of the debtor and can be appealed.

Such a purpose of the card as a salary project does not mean that the blocking will be illegal. However, they are not entitled to withdraw the entire amount transferred by citizens in the form of monetary remuneration for work, under any circumstances.

To restore the violated right, it is necessary to collect the following documents:

1. certificate from the place of employment on the amount of the transfer;
2. an extract from a banking institution on all deductions from accounts.

If, upon reconciliation of these documents, an excess of the write-off of 50% is established, it is necessary to contact the bailiff who conducts enforcement proceedings. In the application, it is necessary to point out the illegality of the actions and demand the return of the money.

If the specified appeal did not bring results, it will be necessary to prepare a complaint and submit it in one of the following ways:

1. to the head of the FSSP;
2. to the judicial institution at the place of enforcement actions.

In practice, only judicial intervention allows you to properly restore the right and return the debited money. In addition to the claim, the court must submit the specified statements from the account and place of work, as well as a copy of the decision to seize the property and assets of the debtor. Since the entire amount of wages was written off, the specified decision did not indicate the maximum amount of deduction.

If during the trial the fact of the complete debiting of funds from the card is confirmed, this will be the basis for the cancellation of the illegal act. The debtor will be able to apply for a refund, while the following procedure is performed:

1. in the court it is necessary to obtain executive documents in which the obligation to return the debited funds will be fixed;
2. you need to contact the local FSSP authority with a request for voluntary execution;
3. if there was a refusal to return the funds, you must contact the Federal Treasury to receive money from the federal budget.

Such actions will help to return legally earned money.

To protect yourself from unexpected withdrawal of salary card funds, you need to receive procedural documents of the bailiff service in a timely manner. In this case, each debtor has the right to challenge illegal acts even before the actual blocking of the account. In addition, it is advisable to open cards in banks that are not among the leaders of the financial market, since the procedural measures of the FSSP cannot simultaneously concern all financial institutions of the country.

If the salary card was blocked, you need to take the above actions in time and challenge the illegal actions of officials. The expectation that the money will be returned voluntarily will not bring results, and in a month such a write-off may be repeated.