Will you lose your car if it is seized? Step-by-step instructions for the buyer and seller. What to do if your car is seized? Check car arrest by license plate number

The issues that almost every car enthusiast comes into contact with before purchasing a used car are checking not only the vehicle itself, but also the legal purity of the transaction and everything connected with it. Legal issues include: checking the owner’s rights to the alienated car.

To do this, you need to check whether the car is in collateral or whether it is under arrest. If you do not ask these questions, the results of the transaction may be unfavorable for the buyer.

How to check a car for theft

In addition to exchanging the necessary documentation when concluding a transaction to sell a vehicle, it is necessary to verify the authenticity of its owner, i.e. whether the subject of the transaction is listed as stolen. There are several audit methods by which you can obtain genuine information on a specific car. And first, let's find out how to check a car for theft using the traffic police database.

Through the traffic police

So, how can you find out whether a car has been stolen or not using the traffic police? Get this information possible through direct contact with the employees of this authority. Obtaining data on a car is possible both in the region of residence and at any post.

To clarify the information, you must come to the traffic police in the vehicle being checked. If the fact of theft of a specific car is revealed, the employee is obliged to take measures to detain it in order to establish the circumstances and further proceedings.

This audit method is provided free of charge; vehicle data is provided without any additional payments. Now let's find out how to identify a car for theft on the Internet.

Using the Internet

This method is the most convenient and labor-intensive. Special portals have been created on the Internet that allow you to obtain information on car theft online. Moreover, you can use these resources even while outside the state. However, there are still very few official databases created with data on stolen vehicles.

On the Internet, you can come across illegal databases that contain supposedly reliable information, but you should not completely trust such resources.

To obtain reliable information, you should use the official website of the traffic police, which operates within a specific region. If there is no such database in the region where the car is located, you must personally contact the authority. Such databases provide data only on stolen vehicles; there is no information on pawned cars.

What sites can you check on:

www.gibdd.ru/check/auto;
www.avtokod.mos.ru;
www.auto.ru.

The following video will tell you in more detail about online checking of a car for theft:

By state number, by VIN, by body or chassis number

You can get information about the theft only using certain data that each car has. vehicle. Such identification data includes:

Identification number (VIN)– is a unique vehicle code, which includes 17 characters. These symbols contain information about the manufacturer, year of manufacture and some characteristics of the car. Using this code you can obtain reliable information about the past of your car. This number is required to carry out registration actions when carrying out operations at the traffic police, when an employee checks the VIN number with the entry in the vehicle passport and the inscription on the plate. The VIN code may be located in different places on the different cars(under the hood, in the cabin).
Body number matches the VIN code, but there may also be individual numbers of specific aggregate units and parts.
Chassis (frame) number– can also be identical to the body number, therefore, in all accompanying documentation (vehicle passport, registration certificate) only the body number is indicated. You can also find out the frame number by the VIN code of the car.
Vehicle registration number– an individual number assigned to the car upon registration (alphanumeric information and region number). It is placed on a reflective plate at the back and front of the car.

The most in a simple way check is official online service Traffic police (“Vehicle check”). Thanks to the service you can check:

finding the car wanted;
prohibition on carrying out registration actions (there are restrictions on changing the owner of the vehicle).

To obtain information, you will need to enter the VIN code of the car in a special window, and to confirm the action, you must enter the numbers from the specified picture. Then click on the “Check for restrictions” button.

Also, using the VIN code, you can find out the history of a car (technical information, participation in an accident) registered in Moscow and the Moscow region on the website www.auto.ru. This check is carried out free of charge, but you must pay for more detailed information and a detailed report.

Autohistory can also be checked on the website www.avtokod.mos.ru. To do this, you must enter one of the known numbers: VIN or state number, as well as the vehicle certificate number.

Knowing how to check a car for theft before purchasing, we will also learn about checking for search and arrest.

How to get a car arrested

A vehicle may be seized in the following cases:

the owner of the car has arrears in paying traffic police fines (the arrest is imposed by the bailiff service);
the owner of the car has arrears in payment for housing, alimony payments (the arrest is imposed by the court if the vehicle is the subject of controversial legal relations, and there is a risk that the owner will sell the car before a judicial act is issued);
the vehicle is suspected of illegal import or has been illegally cleared through customs (the arrest is imposed by the customs authority);
a ban on removal from registration is imposed by the investigation department of the traffic police (if the car is involved in an accident, or if there is damage to the places where the VIN code, body number or engine was applied).

If there is a seizure on a car, this means that it is prohibited to carry out any registration operations with the traffic police. An “arrested” car cannot be removed from the register, re-registered to another owner, etc. The verification of the fact of seizure of a car is carried out in those authorities that are authorized to carry out such actions.

Through the traffic police

You can check a car for arrest in the same way as for theft on the official website of the traffic police. To do this, you must also indicate the personal number of the vehicle. However, the inspection may receive information about the seizure of the car a little later, so it would be better to contact the FSSP.

In the FSSP

The responsible authority for the execution of court decisions is the bailiff service. This service contains a database of seized property. Therefore, to obtain information, you must fill out an application, which will take no more than 30 days to review. However, in practice, when citizens apply for information about seizure, it takes from 5 to 7 working days.

In the application it is advisable to indicate information about:

Make and model of the vehicle.
State registration number.
VIN code, which is written in the registration certificate.

You can attach documents to your application that confirm the above data.

To check a vehicle for arrest, you can use the virtual form, which is located on the official page of the bailiff service on the Internet. This option is the most efficient, but you must have information about the VIN code. Sometimes it is necessary to check someone else's car, and such information is often not available, so it is better to submit a written request. We will talk about that, and if a crime is committed, separately.

The video below will tell you more about the methods of checking a car for arrest and search:

How to check a car for collateral

Important Features

A vehicle can be pledged when registering property transactions, when it acts as a guarantor for securing the transaction. In addition, a car is considered collateral if it is purchased under a car loan agreement from specialized companies.

If the car is pledged, then until the amount is fully repaid, it remains the property of the pledgor, but his rights are limited. A pledged car cannot be sold without the consent of the pledge holder, nor can any other transactions be performed with it. Without going through the procedure for obtaining permission, such transactions with the vehicle will be considered invalid, and the concluded agreement will not have legal force and consequences. The transaction is canceled and everything transferred under the contract must be returned to the parties. Sometimes it can be very difficult to get money back from an unscrupulous seller.

In addition, a good faith buyer may stop making payments on the obligation, and the mortgagee has the right to sell the collateral to recover the money. In this case, the seller is left without a vehicle and without funds. This is the importance of checking a car for collateral.

When checking documents, the following facts may alert you:

availability of a duplicate vehicle passport for a new car;
frequent changes of owners.

The legality of the transaction can be checked by asking the owner where the beneficiary is registered. It could be a banking organization or a citizen from whom the car is purchased.

Methods

An electronic database of pledges has been created on the website of the Federal Notary Chamber.
Credit history can be checked using the seller's passport data using the Central Catalog of Credit Histories.
Using the Internet portal auro.ru, the location of the vehicle as collateral is verified. To do this you need to know the VIN code. There is a certain list of banking organizations that are partners providing information about pledged cars.

When buying a car second-hand, it is important to make sure that the seller is honest. After all, sometimes there are scammers who sell, in fact, vehicles that do not belong to them. To avoid being in similar situation, necessary check the car before buying.

Checking a car for arrest: step-by-step instructions

If a vehicle is under arrest, within the limits of the law it cannot change its owner. Even if the buyer acts in good faith, he may lose the car due to forced termination of the transaction.

Check through the traffic police

An easy way to check the presence of such a restriction is the official website of the traffic police. To do this, you need to open the “Car Check” service.

The required item can be found in the right menu of the traffic police website

On the traffic police website you can check the registration history of the vehicle, participation in an accident, whether the car is wanted and the presence of restrictions on registration actions:

Next, you need to provide vehicle details. For example, you can use the VIN number, chassis number or body number. After entering the vehicle data, you need to request the appropriate verification. The system will show the numbers that need to be entered in the field below.

The results of the query will then be displayed. Best result– no restrictions.

In this case, the car is “clean”. You can perform registration actions with it.

If the car owner refuses to provide the VIN number for verification, it is better not to contact such a seller.

Check through the FSSP

Another way to check is to use the FSSP (Federal Bailiff Service) website. To do this, you need to use the Services section to access the Enforcement Proceedings Data Bank.

On the page that opens, you need to provide the details of the car owner. Be sure to select which authorities will be audited and indicate your first and last name.

The search results will then be displayed. If the seller is on the list, this is a good reason to refuse to purchase a car.

Checking a car for theft: step-by-step instructions

Another popular test, mainly due to its severity. It is simply impossible to own a stolen car: the vehicle will be confiscated from the buyer, even if he formally followed the letter of the law. Therefore, it is better to check the car in advance for theft using online services.

Check through the traffic police

The traffic police website will help with this check. You need to open the car check page, only this time select a different item. In the same way, you will need to enter the vehicle data (for example, you can specify the VIN).

The best result is no complaints from the traffic police. This means that the car is not wanted, at least at the time of verification using the service.

Attention! Sometimes checks fail, for example due to communication problems when poor quality Internet connection or due to service congestion. In this case, you need to wait some time and repeat the request. If it still doesn’t work out, there is always the opportunity to contact the traffic police directly (drive to the department in a vehicle being checked).

Checking via Autocode

Another popular service that allows you to quickly check a car before buying it for theft is the Autocode website. The service is very simple and understandable, but at the same time with very rich capabilities in addition to the specified check. You can also use it to check your car for arrests and restrictions.

On the main screen you need to enter information about the car in a single field. You can specify the state number. registration, chassis or body data, and also write the VIN. If you have problems finding information, you can use the built-in hints.

The service has a couple of disadvantages. Firstly, full check is made for a fee. True, the cost is quite small - 349 rubles, especially in comparison with the problems from which it allows you to protect yourself. Secondly, sometimes it is not possible to check a car for theft before purchasing - for example, due to work on the data source. To be fair, this is not the service’s fault.

Autocode honestly warns that the data is only relevant at the time of request. Therefore, it makes sense to carry out a check both at the stage of preliminary acquaintance with the car and before the final conclusion of the transaction.

The advantages of this method include detailed full report. It has almost all the necessary parameters, and even more. For example, you can find out whether the car was used by taxi services - taxi drivers do not always carefully look after the car in order to quickly deliver the client.

Checking a car for collateral: step-by-step instructions

A car is pledged if its owner used the vehicle as a guarantor to secure any transaction. However, there is another option: the car was purchased on credit, and the amount of the car loan has not yet been fully paid off. In both cases, the seller by law cannot dispose of such property in full. To avoid termination of the deal and the loss of your newly purchased “iron horse,” you need to check the car before purchasing for a deposit.

Especially for such checks on the Internet, you can use the Register of notifications of pledge of movable property. On home page you need to use the search in the registry.

In the “Find in the registry” item, switch to the “By information about the subject of collateral” tab and then “Vehicle”. After this, you need to enter the VIN for the car in the input field and click “Find”.

The best result is the absence of entries in the register of pledges based on the search results. This will mean that, according to the notary chamber, the car is not pledged.
The Autocode service has similar functionality. The full report has a dedicated section for collateral information.

If the car is listed as collateral, it is better to refrain from purchasing it. To be on the safe side, it is recommended to secure yourself with a notarized extract from the register of pledges.

Reminder: what to check before buying a car

There is a whole set of indicators that directly or indirectly indicate possible fraud. However, you can check them using online services to check the purity of a potential deal. Then the car will really become yours and will not be confiscated, for example, by a court decision.

Important! First of all, you need to check the owner himself to see if he has a real passport. Fraudsters are not above using lost or stolen passports.

So, what you need to check before buying a car first:

History of registration actions. The first indicator is the history of changes in registration actions. This includes, in particular, the number previous owners. If the seller claims that he is the “first and only” driver and did not know other cars, and according to history it passed through 5-6 hands, it’s worth thinking about. Also in the history you can view the changes that actually occurred with the documents and the machine itself.
Mileage. Often the seller “twists” the mileage in order to rejuvenate the product and make it more desirable for the buyer. Inconsistencies in the distance traveled may indicate fraud in more serious aspects of the transaction.
Participation in an accident according to the traffic police. Nobody likes it when a faithful iron horse has to be taken for major repairs immediately after purchase. To avoid such troubles, you need to check whether the car has been involved in an accident.
Traffic police restrictions. The presence of restrictions is a clear sign of problems with the machine. They are imposed if the traffic police has complaints, for example, about a type of transport that is seriously different from the description specified in the documents. Courts, customs, investigative authorities, etc. can also restrict the “freedom” of a car. The most popular restriction is the ban on registration actions. In fact, such a machine cannot legally change hands, and transactions involving it will be forcibly terminated.
Deposits. The owner can no longer fully dispose of the pledged property. So you need to know how to check a car before buying a deposit. About a quarter of the cars sold do not pass this test - purchasing them is extremely risky. The maximum guarantee can only be provided by the presence of a notarial extract confirming the absence of the vehicle in the register of pledges.
Hijacking. This point is one of the most serious. Few people would like to own stolen property, especially since this will only last until the next inspection. So it’s better to play it safe and check the car for it to be stolen.
Disposal. Recycling can be carried out either by the car owner himself or by scrap metal collection points or recycling centers. In all such cases, the real car as a whole ceases to exist. Accordingly, it is impossible to carry out any registration actions with such transport.
OSAGO data. OSAGO data will show whether insurance was issued for the car. Usually the date for which data on the policy is available is indicated, and there may also be indications of restrictions. All this allows you to check the seller’s honesty.
Those. inspection. The inspection marks will show how long the diagnostic card is valid for. For a car, this is a kind of medical card. You can quickly assess the condition of the vehicle and, again, check the veracity of the seller’s words.
Cost of compulsory motor liability insurance and tax. An additional item that helps estimate car costs. If you know how to check the cost of compulsory motor insurance for a car and the amount of tax, you can avoid unexpected expenses.
Customs. Vehicle registration information when importing into the country is very important. After all, only foreign cars with the appropriate mark can be legally used. This document will also allow you to identify the country where the car was previously operated and indirectly assess the condition of the transport.
Fines. If there are unpaid fines on the car, then new owner may inherit problems with them. It is better to check in advance that the car is “clean”.

Be careful when purchasing, carefully check the car before purchasing for arrest and lien, look at the totality of indicators. And don’t forget to check the details of the seller himself. Happy shopping!

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A car is property that, by analogy with other property, can be seized. In this case, the owner of the vehicle loses the right to dispose of the car at his own discretion. Purchasing a seized car can also cause a lot of trouble. Let's try to figure out what a seized car means.

What does it mean to seize a car?

For most inexperienced car owners, car seizure, ban or restriction of registration actions are identical concepts. However, from a legal point of view they are different.

The restriction prevents the implementation of ownership rights (or other rights) in relation to property. This measure can be used when dividing a car between spouses during a divorce, pledging a vehicle as collateral, etc.

A prohibition should be understood as a decision that prevents the owner of the property from performing a specific action or series of actions. For vehicles, a ban on registration actions is most often used. This measure can be used if there are debts on alimony, loans, fines and in other situations.

The concept of arrest is much broader than the previous ones. In accordance with Article 51 of the Federal Law “On Enforcement Proceedings” (FZ-229 of October 2, 2007), this measure provides for an inventory of property and a ban on performing absolutely any actions with it.

Who has the right to seize a car and in what cases?

This procedure can be initiated by a decision:

court when satisfying the claim of any organization or government agency (bank, social security department, etc.);
customs authorities;
bailiffs.

There are many reasons why a car is seized. The most common of them are unpaid utilities, overdue loans, debts for alimony or traffic police fines. Also, punitive sanctions can be initiated for non-payment of taxes or for violations of customs clearance of a car (for example, the owner, in order to avoid paying a fee to the state treasury, imports it from abroad for spare parts, etc.).

Seizure procedure

The seizure of a car by bailiffs is carried out in the manner provided for in Articles 64 and 68 of the Federal Law “On Enforcement Proceedings”. FSSP employees are required to present the owner with the relevant resolution and draw up an inventory of the property.

An act of seizure must be drawn up and documents for the car must be confiscated: PTS and registration certificate (in this case, the presence of two witnesses is required). The act of seizure specifies the following parameters:

car color;
state number;
body and engine numbers (when we're talking about about freight transport, the chassis number is additionally indicated).

In addition, the document must mention external and internal defects of the car.

Then the issue of transferring the vehicle for storage is decided. An outside person or organization with which the FSSP has concluded a corresponding agreement may be appointed responsible for the safety of the car. However, quite often the seizure procedure is not carried out. In this case, the owner of the car or one of his family members is appointed responsible for storage.

It should be remembered that using a seized car, in accordance with Art. 86 of the Federal Law “On Enforcement Proceedings”, it is impossible without the written consent of the bailiff. Otherwise, the matter may lead to criminal liability.

By the way, you most likely will not receive permission from the bailiff, since cars belong to the category of property that can suffer significant damage during operation (for example, in a traffic accident). Accordingly, the cost of the seized transport will decrease.

The lien on the car will be removed after the debt is paid off. Otherwise, it may be put up for auction.

In what cases can the seizure of a car by bailiffs be challenged?

According to current legislation, the arrest procedure cannot be carried out if the car belongs to:

one of the debtor’s family members (for example, the husband’s car should not be seized for the wife’s debts or vice versa);
a disabled person, and he needs it for movement;
a debtor whose work is directly related to the use of his car (taxi, freight transportation and so on.).

If the owner of the vehicle fits one of the above categories, but the arrest was still made, it’s time to go to court.

What are the risks of buying a seized car?

Some owners, after a car has already been seized, try to get rid of it. And there are buyers for such transport: relatively attractive low cost. If you make such a transaction knowingly, remember that you will not be able to legally complete the purchase. All seized vehicles are included in the traffic police database.

Often, the buyer simply does not know that the car sold to him is under arrest. Having contacted the traffic police, the newly-minted owner is denied registration of the vehicle. That is, you seem to have a car, but he cannot use it legally.

In this situation, there are several options:

Try to get punitive sanctions lifted. True, this is only possible in a situation where the seizure occurred later than the conclusion of the purchase and sale agreement for the vehicle.

Try to negotiate peacefully with the seller to terminate the transaction and return the money by sending him a corresponding claim in writing. The effectiveness of such actions is very doubtful, since the owner of the car perfectly understood the illegality of his act, which means that persuasion most likely will not work on him. Often the seller simply hides, turns off the phone and does not want to get in touch.

If the second option does not work, you will have to file a claim to terminate the transaction and return the funds. The buyer has every right to do this in accordance with Article 460 of the Civil Code Russian Federation. Here you need to remember the following: if the transaction amount is less than 50 thousand rubles. - you should contact magistrates, if more - to the district court.

Practice shows that in the vast majority of cases your claim will be satisfied, but be prepared for the fact that the legal proceedings will take about 2 months.

An important point when drawing up a purchase and sale agreement (SPA) is to indicate the actual cost of the car. Often, by mutual agreement, a much smaller amount is fixed on paper. At the same time, the buyer should understand that if, for example, he actually paid 500 thousand rubles for the purchase, and the contract indicates half that amount, it will be very difficult to return the money in full. After all, the court does not need words, but documented evidence.

A word from the experts

“In all standard contracts for the purchase and sale of property, including cars, there is a clause that states: “The seller guarantees that the car is not pledged, that third parties have no claims to it, and the seller also guarantees that it has no signs of and bankruptcy cases filed.” This clause of the contract protects the buyer, and places full responsibility for the circumstances of the transaction on the seller. Therefore, in the event of detection of arrests imposed on the item of purchase, after concluding a sales contract and transferring money, the buyer has the right to invalidate the contract, receive the money back and return the car.

Proving the good faith of the acquirer is, of course, a time-consuming legal process. But for the services of a representative and other legal expenses can be recovered from an unscrupulous seller in court. It should be noted that if you win a lawsuit, you will not be able to get money right away. Most likely, you will have to contact the bailiff service, and if the debtor is in bankruptcy proceedings, then submit your claims to the register of creditors of the debtor in the bankruptcy case.”

Valerik Vardanovich Galstyan, senior partner of the Rogov law firm , Galstyan and partners"

“In such a situation, things can develop in two ways:

If the contract for the sale and purchase of a vehicle was executed before the seizure, then the new owner has the opportunity to try to lift the seizure in court by proving that he was a bona fide purchaser, and at the time of the seizure the vehicle was not owned by the seller.
If the purchase and sale agreement was executed after the seizure, the car will be confiscated from the new owner, since the seizure is a restriction on taking actions to alienate property. Therefore, the seller did not have the right to sell the property under arrest.

In the second case, the new owner has every right to terminate the purchase and sale agreement concluded with the seller and demand the return of the funds paid by him.”

How to check a car for arrest

In order to avoid getting into an unpleasant situation and subsequently having to go through the courts, before purchasing, you need to check the car for arrest by bailiffs. To do this, you can contact the traffic police or the FSSP.

In the first case, for verification you will need information about the VIN, chassis number or body number of the vehicle. To access the bailiff database, you need to know the number and series of the car owner’s passport. If for some reason the current owner refused to provide you with information for verification, it’s time to think about the feasibility of the purchase.

If you need a quick online check of a car for arrest, use the specialized Autocode service. The check will take no more than 5 minutes. It is enough to indicate the state in the search window. vehicle number. You will receive information about the car's former owners, the number of accidents in which it was involved, the actual mileage, whether the car was pledged, whether it was used as a taxi, etc.

Information about the fact of seizure of a vehicle can be found in the “Restrictions” section. You can check your car by going to

Last updated June 2019

If you have debts or open property disputes, then your vehicle may become the target of a bailiff's hunt. You need to know several ways to control a vehicle and methods to remove a seizure that has already been placed on it.

Grounds for seizure of a car

Unreasonable seizure of a car by a bailiff is unacceptable. Bailiffs can seize the car for debts. In order for them to have a legal opportunity to dispose of your property, you must be recognized as a debtor by the court. Afterwards, a decision is made to initiate enforcement proceedings and the bailiffs act within the framework of this case.

Among the most common reasons for seizing a vehicle are the following:

Non-payment of loans to commercial banks;
Failure to pay administrative fines;
Utility debts;
Child support debts;
Division of property after divorce;
Violation of the rules for importing a car.

By the way, in the latter version, the decision to seize is made by Customs.

How does this happen

Let's say that you took out a loan from a bank in the amount of 150 thousand rubles. and don't return it. Taking into account interest and fines, the bank calculated the amount at 200 thousand rubles. You do not intend to pay off the debt. Then, the bank files a lawsuit to collect the debt from you, taking into account legal costs. The court will schedule a hearing within 5 days. What it notifies you about.

Even if you do not come to the hearing of the case, and the plaintiff bank indicates in the statement of claim the possibility of considering the case without his participation, the court will legally make a positive decision. A copy of the decision to collect the full amount will be sent to your postal address. You can appeal it within a month, after which it will enter into legal force.

After entry, the court will issue performance list, which will issue or mail to the claimant. Next, the bank will submit the writ of execution to the bailiff service. The bailiffs will issue a resolution to initiate enforcement proceedings and notify you about this. After this, the bailiffs have every right to search and seize your property, write off funds from all kinds of bank cards and accounts.

How to remove an arrest

The following situations may be grounds for removing the seizure from your car:

The debtor has repaid all debts and satisfied the claims of creditors;
Enforcement proceedings were terminated at the request of the claimant or by court decision;
A court decision or ruling has been made regarding unlawful actions to seize a car.

How to remove the seizure of a car by bailiffs? When the bailiffs receive the necessary information about the possibility of canceling the arrest, they are obliged to make a decision on the release of the vehicle from arrest on the same day. A copy of this document must be sent to you and to the traffic police to reflect new information in their database. All you have to do is make sure that the State Auto Inspectorate website does not contain information about restrictive measures for your car.

Removing restrictions on vehicle operation

In order to lift the ban on registration actions, you must first make sure that each of the bailiffs who applied punishment against you issues their own order to lift the restriction.

We are looking into what measures were taken and for what violations. This information can be obtained through the websites of the State Auto Inspectorate and the FSSP or by visiting them in person. We get everything there Required documents, confirming sanctions.
We voluntarily repay the debt or appeal the decision if we do not agree with the decision.
We receive a resolution to lift the restriction and take it to the traffic police along with copies of receipts for payment for fines or demands.
After this, it is recommended to re-check your car for the presence of enforcement proceedings in the enforcement bases.

A sample application to the court to remove the seizure from a vehicle is as follows.

Judge Presnensky district court Moscow
Grishin R.R.
Plaintiff Ivanova Natalya Mikhailovna,
living at the address: Moscow, st. Krasnykh Zori, 28, apt. 18
Tel.: 8-922-892-89-78
Defendant Petrov Ivan Sergeevich,
living at the address: Moscow, st. Bersenevskaya, 48, apt. 116
Tel.: 8-912-789-09-97

Statement
about lifting the arrest

The Presnensky District Court is processing civil case No. 2-3451 on the claim of the plaintiff Ivanova Natalya Mikhailovna against the defendant Petrov Ivan Sergeevich for debt collection.

As a measure to secure the claim, a court ruling dated August 18, 2019 seized the property of the defendant (VAZ 21099 car, state number T 234 TR 177).

Currently, there is no longer a need for interim measures due to the fact that Ivan Sergeevich Petrov has fully repaid the debt under the claim by transferring non-cash funds to the account of the plaintiff Ivanova Natalya Mikhailovna.

According to Art. 144 of the Code of Civil Procedure of the Russian Federation, security for a claim can be canceled by the same judge or court at the request of the persons participating in the case, or at the initiative of the judge or court.

Based on the above and in accordance with the Code of Civil Procedure of the Russian Federation

Cancel interim measures in relation to property (VAZ 21099 car, state number T 234 TR 177).

The following documents are attached to the application:

Copy of the court ruling dated August 18, 2019.
Payment order for the transfer of funds to the plaintiff’s account dated October 19, 2019 No. 347894.
A copy of the resolution to initiate enforcement proceedings dated September 19, 2019.
A copy of the vehicle seizure report dated September 20, 2019.

If your application is satisfied by the court, the judge will issue a ruling on the case, which, according to general rule will come into force in 15 days. Upon entry into force, the court office will give you a ruling with a note of entry into force, and will also send a copy of the ruling to the traffic police and the FSSP. If you doubt the integrity of the judicial apparatus, you can safely take the document to all services and departments yourself.

How to find out about the seizure of a vehicle

To be forewarned is to be armed! How can you find out if a car is seized? And how to check a car for arrest with bailiffs Vin number? In order to find out whether any restrictions are imposed on your car, you need to visit the official website of the State Automobile Inspectorate of the Russian Federation. We adhere to the following algorithm:

Follow the link https://traffic police.rf/check/auto/#;
In the “Vehicle check” window that opens, enter the Vin of your car;
Below, select the category “Check restrictions”;
Click the “Request Verification” link.

In the window that appears, all existing restrictions will be reflected. In addition, on the same website you can check the history of car registration in the traffic police or the history of participation in an accident. This service is also convenient when purchasing a used car. All information hidden by the former owner will be known to you.

Information about enforcement proceedings is available on the website http://fssprus.ru/iss/iP. Here you can find out the dates of the decision to initiate enforcement proceedings, the name of the bailiff who seized your car, and the reason for the arrest.

Do I have the right to drive a seized car?

Many people are concerned about the question of what to do if the car is impounded? Can I ride it? As a general rule, the seizure of a vehicle by bailiffs only involves imposing restrictions on registration actions. The car still belongs to you, you can drive it, but you have no right to sell it. This rule is valid until the court makes a ruling to restrict your rights to operate the vehicle.

Let's look at an example. Thus, in a situation where, after a divorce, the property of the former spouses is divided, at the request of one of the parties, interim measures may be taken for the car. Simply put, as part of a property division case, your ex-spouse may ask the court to have the car removed from your use. In this case, she will refer to the fact that driving can negatively affect the market value of the car, and it will lose value.

How a car is seized by bailiffs

You need to understand how bailiffs seize a car so that you can initial stage be able to settle everything peacefully. Like any other executive action, the procedure for arresting a car by bailiffs is a set of several actions, the sequence of which is clearly regulated by law. If a bailiff seized a car, it will look like this:

Based on a valid court decision, the bailiff initiates enforcement proceedings.
After 2 weeks, the arrest process begins;
The bailiff sends a request to the traffic police to impose restrictions on registration actions;
The bailiff visits your residential address to make an arrest;
On the spot, the bailiff draws up an act of arrest of the car in the presence of two witnesses, to whom, together with the debtor, the rights and obligations are explained. Each of them leaves his signature on this document.
If the car was not found, the bailiff begins to look for it. He sends the relevant documents to the traffic police;
If the owner does not voluntarily repay the debt within 5 days, the car may be seized and sold.

Important: If the car seizure procedure was carried out with violations, you have every right to appeal it by writing a statement to the bailiff service.

Can a car be seized as collateral?

It is not possible to seize a pledged vehicle. A simple rule applies here. If the claimant does not have an advantage over the pledgee, then the seizure of property in order to satisfy his claims is not permissible. Simply put, if you purchased a car on credit, then your car cannot be seized to pay off debts on utility bills. Only a bank can have the right to repossess a car.

Therefore, if a bailiff has seized your car, which is already pledged to the bank, you need to appeal his actions in court.

Any property that belongs to you documented by right of ownership must also belong to you actually. Bailiffs do not always perform their duties within the framework of the law, often “going too far”, infringing on the rights of property owners. Be armed with the necessary knowledge in the fight for your rights.

Part 2, 3 of Article 86 of the Federal Law “On Enforcement Proceedings” Transfer of the debtor’s seized property into custody or storage
Part 1, 8 of Article 30 of the Federal Law “On Enforcement Proceedings” Initiation of enforcement proceedings
Parts 1, 5, 7 of Article 123 of the Federal Law “On Enforcement Proceedings” Filing a complaint in the order of subordination
Part 1 of Article 126 of the Federal Law “On Enforcement Proceedings” Time limit for consideration of a complaint filed in the order of subordination
Paragraph 10, part 1 of Article 446 of the Code of Civil Procedure of the Russian Federation “Property that cannot be foreclosed on under executive documents”

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days.

Sometimes a very unpleasant problem arises: when trying to register a purchased car with the traffic police or drive the car abroad, the car owner suddenly finds out that this is impossible to do - the vehicle is under arrest. Meanwhile, avoiding such a situation is not so difficult if you clarify some data in advance. How to check a car for arrest with bailiffs, how to prevent an arrest and how to quickly remove it if your car does end up being seized - read our article.

The essence of the arrest is to establish certain restrictions on the use or right to dispose of a vehicle, or a complete ban on its ownership.

The most common method of seizure is to restrict the disposal of a car, in particular, its registration, in the absence of a driving ban. Is it possible to drive it? Yes, in this case, the car owner can continue to drive his car as before, but does not have the right to sell it, give it to anyone, pledge it or rent it. A seized vehicle can neither be registered with the traffic police nor deregistered. It is also impossible to drive it beyond the state border.

In a more severe version for the owner of the car, its operation may also be prohibited. An example of such a situation would be a divorce in which a car is the object of division between the spouses. In this case, the continued use of the car by one of the spouses may entail a decrease in its material value (for example, as a result of a traffic accident), and thereby cause damage to the other.

How does the arrest procedure work in this case? In the presence of two witnesses, the vehicle is sealed, a protocol is drawn up indicating the recorded speedometer readings, completeness, defects and distinctive features cars. If possible, the protocol is supplemented with photo and video materials. The PTS is confiscated from the owner. The car may be left in the custody of the defendant or transported by tow truck to a special parking lot, according to the decision of the bailiff.

If the car is seized for the purpose of recovery under a writ of execution, it is then sold at auction. Within 5 days after the car is seized, a specially accredited company evaluates the vehicle and puts it up for auction. Bidding can take up to 2 months, and the defendant is given the priority right to buy back his car.

Who can arrest and for what?

A car may be seized by a court if the vehicle is the direct subject of a legal dispute - for example, in a divorce. Another option is when the court also seizes the car - a property claim has been filed against the car owner, the satisfaction of which involves the confiscation of the car.

Another government body that has the right to seize a car is the Federal Bailiff Service. The reason for this may be a writ of execution ordering the recovery of a certain amount of money from the car owner. First of all, the bailiffs will seize the debtor's bank accounts; if the funds in the defendant’s accounts are not enough to satisfy the creditor’s claims in the amount established by the court, the bailiffs’ gaze turns to the material property belonging to the debtor, in particular a car, if he is the car owner. In this case, the car is sold at auction. If the proceeds for the vehicle are sufficient to cover the collection amount, all penalties, fines and costs, then the remaining funds are returned to the former owner.

A car can also be seized by customs authorities in case of violations during customs clearance of a car imported into the country.

Most often, in practice, vehicles are seized in cases of tax evasion, alimony debts, civil cases with a change of owner of the car or its division by inheritance, criminal cases with confiscation of property - in all these cases, government agencies can seize.

How to quickly check a car for being under arrest

A quick check of any vehicle for seizure status can be done online in three main ways:

on the official website of the State Traffic Safety Inspectorate http://www.gibdd.ru;
on the official website of the FSSP http://fssprus.ru;
using mobile applications with access to official databases.

The seizure of a vehicle can be verified by its registration state number, but it’s even more convenient to do this using the VIN code - an individual number that uniquely identifies any car. Vehicle VIN it is assigned by the manufacturer, who also enters it into the general database of all vehicles. The code consists of 17 characters - Latin letters and numbers, they are not chosen randomly, but carry specific data about the car: country of origin, production date, car make, model, technical specifications. The VIN must be affixed to the PTS and the vehicle registration certificate; when a car is imported into the country or produced at a domestic plant, its VIN code is immediately entered into the registers of the traffic police and insurance companies. The fault can be tracked full story cars, including change of owners, accidents and collateral information.

To check a car through the traffic police offsite, you need to go to the “Services” section on the main page of the portal, where you select “Vehicle check”. Next, you will need to enter the VIN code and body or chassis number, as well as the required captcha. If the request data is entered correctly, the user receives information about the presence or absence of restrictions on the vehicle of interest. It is possible to find out this data through the license plate number of the car.

The car and the car owner can also be checked for arrest by official portal Federal Bailiff Service. To do this, on the main page of the offsite, you must similarly select the “Services” section. Next, your actions depend on what kind of information you expect to find. By going to the “Data Bank of Enforcement Proceedings”, entering the owner’s last name and first name into the field, selecting the desired region of the Russian Federation and entering the required captcha, you can obtain data on the car owner’s debts collected by the FSSP. Through the “Wanted Register for Enforcement Proceedings” on the bailiffs’ website, you can find out whether the car you are interested in is wanted. And in the “Notices of Public Auctions” service it is easy to check whether the car is up for auction.

Currently, there are also mobile applications for various platforms that allow, by checking the VIN code, not only to look at the arrest of a car, but also to identify all the information of interest about the car contained in the traffic police database.

How to remove a seizure from a vehicle

First of all, you need to decide who exactly seized your vehicle - only the one government agency, which introduced restrictions, and can cancel them.

Typically, the easiest way to remove a lien from a vehicle is to pay the fines or credit obligations that caused it to be seized. However, this is relevant when you yourself are the debtor. In practice, very often new owners who bought the car second-hand and have not made sure that there are no restrictions imposed by law have to cancel the arrest. Naturally, no one wants to pay other people’s debts, especially since these can be quite significant amounts.

When buying a car at the car market from people you don’t know or don’t know at all, with a sales contract or a power of attorney drawn up, but without a joint re-registration with the traffic police, you will learn about the fact that the vehicle has been seized only when you try to register it. And here two dates will have a key influence on the period of lifting the arrest and the complexity of resolving this issue: the purchase and sale agreement and the seizure of the car.

The best option for the buyer is when the seizure of the car was introduced later than its purchase. In this case, you need to write a statement to the court, indicating the illegality of the seizure of your car. However, the court will not cancel the seizure on the basis of only an application and a dated agreement: there have been more than once cases of drawing up a deed of purchase and sale retroactively in order to avoid the seizure of the car. The reality of the transaction will need to be proven - this could be the words of witnesses that after the date of sale only you and not the seller were seen driving the car, receipts and checks for maintenance and repairs, insurance issued to you. Having made sure that you are the real owner from the specified date, and not a participant in a fictitious transaction, the court will remove the arrest from now exactly your vehicle.

The situation with the purchase of an already seized car is much more complicated. In this case, the restrictions were imposed legally, which means that they can only be lifted by paying off all debt obligations associated with the car. Thus, it is pointless for the buyer to try to lift the arrest - it is necessary to challenge the legality of the purchase and sale transaction itself, and cancel it. Indeed, the seller violated the law by selling the car knowingly contrary to the restrictions established for it. In such cases, the court takes the buyer’s side and almost always cancels the fact that the owner of the car has changed. Yes, you won’t have a car yet - but you will get back the money you paid and you can use it to purchase another vehicle that can be legally registered in your name.

Before buying a car second-hand, don’t be lazy, check using available electronic resources to see if the car you’re looking for is in the custody of the bailiffs. Perhaps this simple operation will save you a lot of time, effort and money in the future.