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

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

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

How to check a car for theft

In addition to the exchange of the necessary documentation when concluding a transaction for the sale of a vehicle, it is necessary to verify the authenticity of its owner, i.e. whether the subject of the transaction is stolen. There are several ways to audit, with which you can get real information on a particular car. And first, let's find out how to check the car for theft according to the traffic police database.

Through the traffic police

So, how to find out if a car is stolen or not with the help of the traffic police? Receive this information can be done through direct contact with the staff of this instance. 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 on the vehicle being checked. If the fact of theft in a particular car is revealed, the employee is obliged to take measures to detain him to establish the circumstances and further proceedings.

This method of revision is provided free of charge, data on the car is issued without any additional payments. And now let's find out how to get a car stolen 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 get information on car theft online. At the same time, you can use these resources even when you are outside the state. However, there are still very few official databases created with data on stolen vehicles.

On the network, you can come across illegal databases that contain allegedly reliable information, but you should not fully trust such resources.

To obtain reliable information, you should use the official website of the traffic police, which operates within a particular region. If there is no such base in the region where the car is located, a personal appeal to the authority is necessary. Such databases provide data only on stolen vehicles; there is no information about pledged cars.

What sites can you check?

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

The following video will tell in more detail about the Internet check of a car for theft:

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

You can get information about the theft only according to 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. With this code, you can get reliable information about the past of your car. This number is necessary to perform registration actions when performing operations in the traffic police, when the employee checks the VIN number with the entry in the vehicle passport and the inscription on the plate. The VIN code can be located in various places on the different cars(under the hood, in the cabin).
body number converges with the VIN code, but there may be individual numbers of specific aggregate units and parts.
Chassis number (frame)- can also be identical to the body number, therefore, in all accompanying documentation (passport of the vehicle, registration certificate) only the body number is indicated. Also, the frame number can be found by the VIN code of the car.
State number of the vehicle- an individual number assigned to the car during registration (alphanumeric information and region number). It is placed on a reflective plate at the back and front of the car.

The easiest way to check is the official online service Traffic Police ("Vehicle Check"). Thanks to the service, you can check:

finding a car on the wanted list;
a ban on 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, by 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 free of charge, however, for more detailed information and a detailed report, you must already pay.

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 number of the vehicle certificate.

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

How to “break through” a car for arrest

A vehicle may be seized in the following cases:

the owner of the car has a debt to pay traffic police fines (arrest is imposed by the bailiff service);
the owner of the car has arrears in paying for housing, alimony payments (arrest is imposed by the court if the vehicle is the subject of a disputed legal relationship, and there is a risk that the owner sells the car before a judicial act is issued);
the vehicle is suspected of being illegally imported or illegally cleared by customs (seizure is imposed by the customs authority);
a ban on deregistration is imposed by the investigative 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 is applied).

If there is an arrest on the car, this means that it is forbidden to carry out any registration operations with the traffic police. An “arrested” car cannot be removed from the register, re-registered for another owner, etc. Checking for the fact of the arrest of a car is carried out in those instances that are authorized for 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 bailiff service is responsible for the execution of court decisions. This service contains a database of seized property. Therefore, in order to obtain information, it is necessary to issue an application, the consideration of which takes no more than 30 days. However, in practice, when citizens apply for information about the seizure, it takes from 5 to 7 working days.

The application should include information about:

Make and model of vehicle.
State registration number.
VIN-code, which is registered in the data sheet.

Documents can be attached to the application, which are confirmation of the above data.

To check the vehicle for arrest, you can use the virtual form, which is located on the official page of the bailiff service on the network. This option is the most efficient, but you need to 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 issue a written request. About that, and if the crime is nevertheless committed, we will tell 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 bail

Important Features

A vehicle may be pledged during the execution of property transactions, when it acts as a guarantor of the security of the transaction. In addition, a car is considered as a pledge if it is purchased under a car loan agreement from specialized companies.

If the car is pledged, then until the full repayment of the amount, it is owned by the pledger, but his rights are limited. The pledged car cannot be sold without the consent of the pledgee, as well as perform other operations with it. Without going through the procedure for obtaining permission, such operations with the vehicle will be considered invalid, and the concluded agreement will have no 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 return money from an unscrupulous seller.

In addition, a bona fide purchaser may stop making payments under the obligation, and the pledgee has the right to sell the pledged property in order to recover the money. In this case, the seller is left without a vehicle and without funds. This is the importance of checking the car for bail.

When checking documents, the following facts may alert:

the presence of a duplicate of the vehicle passport for a new car;
frequent change of owners.

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

Ways

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

When buying a used car, it is important to make sure that the seller behaves honestly. 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, it cannot legally change ownership. Even if the buyer acts in good faith, he may lose the car due to the forced termination of the transaction.

Checking through the traffic police

An easy way to check for such a restriction is the official website of the traffic police. To do this, you need to open the service "Check the car".

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

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

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

The query results will then be displayed. Best result- no restrictions.

In this case, the car is "clean". You can do registration with it.

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

Checking through the FSSP

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

On the page that opens, you need to enter the details of the owner of the car. Be sure to select for which bodies the check will be carried out, and indicate the name and surname.

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 check, mainly because of 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 for theft in advance using online services.

Checking 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 vehicle data (for example, you can enter VIN).

The best result is the absence of claims from the traffic police. This means that the car is not wanted, at least at the time of checking with the service.

Attention! Sometimes checks fail, for example, due to communication problems with a poor internet connection or because the service is busy. In this case, you need to wait a while and repeat the request. If it still doesn’t work out, there is always the opportunity to contact the traffic police directly (arrive at the department in the car being checked).

Checking with 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 clear, but at the same time with very rich features in addition to the specified check. It can also be used to check the 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 downsides. Firstly, full check produced 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 the car for theft before buying - for example, due to work on the data source. To be fair, it's not the service's fault.

Autocode honestly warns that the data is relevant only immediately at the time of the 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 if the car was used by taxi services - after all, taxi drivers do not always carefully monitor the car for the sake of quick delivery of the client.

Checking a car for bail: step by step instructions

A car is pledged if its owner has used the vehicle as a guarantor of any transaction. However, there is another option: the car was bought on credit, while the car loan amount has not yet been fully paid. In both cases, the seller, by law, cannot dispose of such property in full. To avoid termination of the transaction and the loss of a freshly acquired "iron horse", you need to check the car before buying it for a deposit.

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

In the item "Find in the registry" you should switch to the tab "By information about the subject of pledge" and then "Vehicle". After that, in the input field, you need to specify the VIN for the car and click "Find".

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

If the car is listed as a pledge, it is better to refrain from purchasing it. For reliability, it is recommended to insure yourself with a notarized extract from the register of pledges.

Reminder: what you need to check before buying a car

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

Important! First of all, you need to check the owner himself, whether he has a real passport. Fraudsters do not hesitate to use lost or stolen passports.

So, what to check before buying a car in the first place:

History of registration actions. The first indicator is the history of changes in registration actions. This includes, in particular, the number of previous owners. If the seller claims that he is the very “first and only” driver and did not know other cars, but according to history it went through 5-6 hands, it is worth considering. Also in the history you can see the changes that actually happened to the documents and the machine itself.
Mileage. Often the seller "twists" the mileage in order to rejuvenate the product in this way and make it more desirable for the buyer. Inconsistencies in the indications of the distance traveled may indicate fraud in more serious moments of the transaction.
Participation in an accident according to the traffic police. Nobody likes 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 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 claims, for example, to a type of transport that is seriously different from the description indicated in the documents. Also, courts, customs, investigating authorities, etc. can limit the “freedom” of a car. The most popular restriction is the ban on registration actions. In fact, such a machine cannot legally change ownership, and transactions with its participation will be forcibly terminated.
Pledges. The owner can no longer dispose of the pledged property in full. So you need to know how to check a car before buying for a mortgage. About a quarter of the cars sold do not pass such a test - it is extremely risky to buy them. The maximum guarantee can only be provided by the presence of a notarized extract about the absence of a vehicle in the register of pledges.
Theft. This point is one of the most serious. Few people like to own stolen property, especially since it will only last until the next inspection. So it is better to play it safe and check the car for being stolen.
Disposal. Recycling can be carried out both by the owner of the car, and 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 on which the data on the policy is available is indicated, and there may also be indications of restrictions. All this allows you to check the seller for honesty.
Those. inspection. The check-up marks will show for how long the diagnostic card is valid. 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 words of the seller.
The cost of OSAGO and tax. An additional item that helps estimate the cost of a car. If you know how to check the cost of OSAGO and the amount of tax for a car, you can avoid unexpected expenses.
Customs. Data on the registration of the car when imported into the country is very important. After all, only foreign cars with the appropriate mark can be legally used. Also, this document will allow you to establish the country where the car was previously operated and indirectly assess the state of transport.
fines. If the car has unpaid fines, then new owner can get problems with them "inherited". It is better to check in advance that the car is “clean”.

Be careful when buying, carefully check the car before purchasing for arrest and bail, look at the totality of indicators. And do not forget about checking the data of the seller himself. Successful purchases!

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A car is a 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. A lot of trouble can be delivered by the acquisition of an arrested car. Let's try to figure out what a car in arrest means.

What does it mean to seize a car

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

The restriction prevents the exercise of the right of ownership (or other right) in relation to the property. This measure can be applied when a car is divided by spouses during a divorce, when a vehicle is pledged, 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, the prohibition on registration actions is most often used. Such a measure can be applied in the presence of debts for 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 dated October 2, 2007), this measure provides for an inventory of property and a ban on absolutely any actions with it.

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

This procedure can be initiated by the decision:

courts when satisfying the claim of any organization or state institution (bank, department of social protection, etc.);
customs authorities;
bailiffs.

There are many reasons why a car is impounded. The most common of these are unpaid utilities, overdue loans, alimony debts or traffic fines. Also, punitive sanctions can be initiated for non-payment of taxes or in case of violations of the customs clearance of a car (for example, the owner, in order not to pay a fee to the state treasury, imports it from abroad for spare parts, etc.).

Seizure procedure

The arrest of the car by bailiffs is carried out in the manner prescribed in Articles 64 and 68 of the Federal Law "On Enforcement Proceedings". Employees of the FSSP are required to present the appropriate resolution to the owner and draw up an inventory of the property.

An act of seizure should be drawn up and the documents on the car should be confiscated: title and registration certificate (at the same time, the presence of two witnesses is mandatory). The act of imposition of arrest indicates such parameters as:

car color;
state room;
body and engine numbers (when it comes to freight transport, the chassis number is additionally indicated).

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

Then the issue of transferring the vehicle to storage is decided. An outside person or organization with which the FSSP has an appropriate agreement may be appointed responsible for the safety of the car. However, quite often the withdrawal 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 the arrested car, according to Art. 86 of the Federal Law "On Enforcement Proceedings", it is impossible without the written consent of the bailiff. Otherwise, the case may reach 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 be significantly damaged during operation (for example, in a traffic accident). Accordingly, the cost of the arrested transport will also decrease.

The arrest from the car will be removed after the repayment of the debt. Otherwise, it may be put up for auction.

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

According to the 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 arrested 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 a car belonging to him (taxi, freight transportation, etc.).

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

What is the danger of buying a seized car

Some owners, after the car has already been seized, are trying to get rid of it. And there are buyers for such transport: it attracts relatively low cost. If you make such a deal knowingly, remember that you will not be able to legally make a purchase. All arrested cars fall into the base of the traffic police.

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

In this situation, there are several options for action:

Try to achieve the removal of punitive sanctions. True, this is possible only in a situation where the seizure in time occurred later than the conclusion of the contract for the sale of the vehicle.

Try to negotiate amicably with the seller to terminate the transaction and return the money by sending him the appropriate claim in writing. The effectiveness of such actions is very doubtful, since the owner of the car was well aware of 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 for termination of the transaction and a refund. The buyer has every right to do so in accordance with Article 460 of the Civil Code of the Russian Federation. Here it is necessary to remember the following: if the transaction amount is less than 50 thousand rubles. - you should apply to the 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 trial will take about 2 months.

An important point when drawing up a contract of sale (DKP) is an indication of the real value 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 500,000 rubles for the purchase, and half the amount is indicated in the DCT, it will be very difficult to return the money in full. After all, the court does not need words, but documented evidence.

A word to the experts

“All template contracts for the sale of property, including cars, have a clause that states: “The seller guarantees that the car is not pledged, third parties have no claims on it, and the seller guarantees that it has no signs and filed bankruptcy cases. Such a clause of the contract protects the buyer, and places all responsibility for the circumstances of the transaction on the seller. Therefore, in case of detection of arrests imposed on the object of purchase, after the conclusion of the contract of sale and the transfer of money, the buyer has the right to invalidate the contract, receive the money back and return the car.

To prove the good faith of the acquirer is, of course, a time-consuming lawsuit. But for the services of a representative and other legal costs, it is possible to recover in court from an unscrupulous seller. It should be noted that after winning a lawsuit, it will not be possible to immediately receive money. Most likely, you will have to apply to the bailiff service, and if the debtor is in bankruptcy proceedings, then file your claims in the bankruptcy case with the debtor's creditors register.

Valerik Vardanovich Galstyan, Senior Partner at Rogov Law Firm , Galstyan & Partners

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

If the vehicle purchase and sale agreement was drawn up before the seizure, then the new owner has the opportunity to try to remove the seizure in court, proving that it was a bona fide acquisition, and at the time of the seizure, the vehicle was not owned by the seller.
If the contract of sale was executed after the seizure, then the car will be seized from the new owner, since the seizure is a restriction on the performance of actions to alienate property. Consequently, the seller did not have the right to sell the property under arrest.

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

How to check a car for arrest

In order not to get into an unpleasant situation and subsequently go to courts, before buying, 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, you will need information about the VIN, chassis number or vehicle body number for verification. To access the database of bailiffs, you need to know the number and series of the passport of the owner of the car. If for some reason the current owner refused to provide you with data for verification, it's time to think about the advisability of buying.

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 in the search box state. vehicle number. You will receive information about the former owners of the car, the number of accidents in which it was involved, the actual mileage, whether the car was pledged, whether it was used to work in a taxi, etc.

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

Last updated June 2019

If you have debts, there are open property disputes, then your vehicle may become the object of a bailiff's hunt. You need to know several ways to control the vehicle and methods for removing the arrest already imposed on it.

Grounds for seizing a car

Groundless arrest by a bailiff of a car 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 by the court as a debtor. After a decision is made to initiate enforcement proceedings, the bailiffs act within the framework of this case.

The most common reasons for seizing a vehicle are as follows:

Non-payment of loans to commercial banks;
Failure to pay administrative fines;
Public utility debts;
Alimony 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 the Customs.

How does this happen

Let's say that you took a loan from a bank in the amount of 150 thousand rubles. and don't return it. Taking into account interest and penalties, the bank calculated the amount of 200 thousand rubles. You do not intend to pay off the debt. Then, the bank sues to recover the debt from you, taking into account court costs. Within 5 days, the court appoints a meeting. What informs you.

Even if you do not come to the consideration 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 recover the entire amount will be sent to your postal address. You can appeal against it within a month, after which it will enter into force.

After the entry, the court will issue a writ of execution, which will be issued or sent by mail to the recoverer. Next, the bank will transfer the writ of execution to the bailiff service. The bailiffs will issue a decision to initiate enforcement proceedings and notify you of this. After that, the bailiffs have the full 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 arrest from your car:

The debtor has repaid all debts and satisfied the claims of creditors;
Enforcement proceedings were terminated at the request of the recoverer or by a court decision;
A court decision or ruling on illegal actions to arrest a car has been issued.

How to remove the arrest from the car 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 the new information in their database. You just have to make sure that there is no information on the restrictive measures for your car on the website of the State Automobile Inspectorate.

Removal of restrictions on the operation of the car

In order to cancel the ban on registration actions, you must first make sure that each of the bailiffs who applied penalties to you writes out his decision to lift the restriction.

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

A sample application to the court for the removal of an arrest from a vehicle is as follows.

Judge of the Presnensky District Court of Moscow
Grishin R.R.
Plaintiff Ivanova Natalya Mikhailovna,
living at the address: Moscow, st. Red Dawns, 28, apt. 18
Tel.: 8-922-892-89-78
Defendant Petrov Ivan Sergeevich,
residing at the address: Moscow, st. Bersenevskaya, 48, apt. 116
Tel.: 8-912-789-09-97

Statement
about the removal of the arrest

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

As a measure to secure the claim, by a court ruling of August 18, 2019, the defendant’s property was seized (VAZ 21099 car, state number T 234 TR 177).

At present, there is no need for interim measures due to the fact that I, Petrov Ivan Sergeevich, fully repaid the debt on 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, the securing of a claim may 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 provisional measures in relation to property (car VAZ 21099 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 decision to initiate enforcement proceedings dated September 19, 2019
A copy of the act of arrest of the car dated 09/20/2019

If your application is satisfied by the court, the judge will issue a ruling on the case, which, as a general rule, will enter into force in 15 days. Upon entry into force, the court office will give you a decision with a mark of entry, and also send a copy of the decision 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.

How to find out about the arrest of a vehicle

To be forewarned is to be armed! How do you know if the car is arrested? And how to check the car for arrest at the bailiffs Vin number? In order to find out if 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:

We follow the link https://traffic police.rf/check/auto/#;
In the opened window "Checking the car" enter the Vin of your car;
Below we select the category "Check restrictions";
Click the "Request Review" link.

In the window that appears, all existing restrictions will be reflected. In addition, on the same site you can check the history of registration of a car 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, the reason for the arrest.

Do I have the right to drive a seized car?

Many are concerned about the question of what to do if the car is under arrest? Can I ride it? As a general rule, the arrest of a vehicle by bailiffs involves only the imposition of 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 decision to restrict your rights to operate the vehicle.

Consider an example. So, in a situation where, after the dissolution of a marriage, the property of the former spouses is divided, at the request of one of the parties, interim measures can be taken for the car. Simply put, as part of a property division case, your ex-spouse may ask the court to remove the car from your use. At the same time, she will refer to the fact that driving can negatively affect the market value of the car, and it will lose value.

How is the arrest of a car by bailiffs

You need to understand how the bailiffs arrest the car in order to be able to settle everything peacefully already at the initial stage. 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 the bailiff seized the car, then it will look like this:

Based on the current decision of the court, 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 the address of your residence to carry out the arrest;
On the spot, the bailiff draws up an act of arrest of the car with two witnesses, who, together with the debtor, explain the rights and obligations. Each of them leaves his signature in this document.
If the car was not found, the bailiff starts looking 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 can be seized and sold.

Important: If the procedure for the arrest of the car was carried out with violations, you have every right to appeal against it by writing an application to the bailiff service.

Can a car be seized

It is not possible to seize a secured vehicle. There is a simple rule here. If the claimant does not have an advantage over the pledgee, then the seizure of property in favor of satisfying his claims is not permissible. Simply put, if you bought a car on credit, then your car cannot be arrested to pay off utility bills. Only a bank can have the right to seize a car.

Therefore, if the bailiff arrested your car, which is already under bail in the bank, you need to appeal against his actions in court.

Any property that belongs to you documentarily on the right of ownership must also belong to you in fact. Bailiffs do not always fulfill their duties within the framework of the law, often "going too far", infringing on the rights of property owners. Be armed with the necessary set of knowledge in the fight for your rights.

Parts 2, 3 of Article 86 of the Federal Law "On Enforcement Proceedings" Transfer under the protection or storage of the arrested property of the debtor
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" The term for considering a complaint filed in the order of subordination
Abs. 10, part 1 of article 446 of the Code of Civil Procedure of the Russian Federation "Property that cannot be levied on executive documents"

If you have questions about the topic of the article, please feel free 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 driving a car abroad, the car owner suddenly finds out that this is impossible - the vehicle is under arrest. Meanwhile, avoiding such a situation is not so difficult, if you clarify some data in advance. How to check the car for arrest with bailiffs, how to prevent arrest and how to quickly remove it if your car still turned out to be arrested - read our article.

The essence of the arrest is to establish some restrictions on the use or the right to dispose of a vehicle, or a complete ban on owning it.

The most common method of seizure is the restriction on the disposal of the car, in particular on its registration, in the absence of a ban on driving. Can you still ride it? Yes, in this case, the car owner can continue to drive his car as before, but has no right to sell it, donate it to someone, pledge it or rent it. The arrested vehicle can neither be registered with the traffic police nor deregistered. It is also impossible to drive it outside the state border.

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

What is the procedure for arrest in this case? In the presence of two attesting witnesses, the vehicle is sealed, a protocol is drawn up, in which the recorded speedometer readings, completeness, defects and distinctive features of the car are indicated. If possible, the protocol is supplemented with photo and video materials. Title is confiscated from the owner. The car can be left in the custody of the defendant or transported by a tow truck to a special parking lot, by decision of the bailiff.

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

Who and for what can impose an arrest

The arrest of the car can be imposed by the court if the vehicle is the direct subject of a legal dispute - for example, in a divorce. Another option, when the court also arrests the car, is a property claim was filed against the car owner, the satisfaction of which involves the confiscation of the car.

Another state 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 to recover from the car owner a certain amount of money. First of all, the bailiffs will arrest the bank accounts of the debtor; if the funds on the defendant's accounts are not enough to satisfy the creditor's claims in the amount established by the court, the bailiffs' gaze is drawn to the tangible property belonging to the debtor, in particular, a car if he is a car owner. The car in this case is sold at auction. If the amount received for the vehicle is enough to cover the amount of the recovery, all penalties, fines and costs, then the balance of the money is returned to the former owner.

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

Most often, in practice, vehicles are arrested in case of tax evasion, alimony debts, civil cases with a change of ownership 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 the car for being under arrest

An operational check of any vehicle for the state of arrest can be done online in three main ways:

on the official website of the traffic police http://www.gibdd.ru;
on the official website of the FSSP http://fssprus.ru;
using mobile applications that have access to official databases.

Checking the arrest of a car can be carried out according to its registration state number, but it is even more convenient to do this by the VIN code - an individual number that uniquely identifies any car. VIN for the car the manufacturer assigns it, he 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 the specific data of the machine: the state of manufacture, the date of leaving the conveyor, the make of the car, the model, technical specifications. VIN is mandatory affixed to the vehicle registration certificate and 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. By fault can be tracked complete history cars, including change of owners, accidents and collateral data.

To check the 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 a mandatory captcha. If the request data is entered correctly, the user receives information about the presence or absence of restrictions on the vehicle of interest to him. It is possible to find out this data through the license plate of the car.

The car and the car owner can also be checked for arrest on the official portal of the Federal Bailiff Service. To do this, on the main page of the offsite, select the “Services” section in the same way. What you do next depends 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 in the field, selecting the desired region of the Russian Federation and entering an indispensable captcha, you can get data on the car owner’s debts collected by the FSSP. Through the "Register of Search for Enforcement Proceedings" on the website of the bailiffs, you can find out if the car you are interested in is on the wanted list. And in the service "Notices of public auctions" it is easy to check if the car is put up for auction.

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

How to remove an arrest from a vehicle

First of all, you need to decide who exactly seized your vehicle - only the state body that introduced the restrictions can cancel them.

Usually, the easiest way to get a car unseized is to pay the fines or loan obligations that caused it to be seized. However, this is true when you yourself are the debtor. In practice, very often new owners have to cancel the arrest, who bought the car from their hands and did not make sure that there were no restrictions imposed by law. Naturally, no one wants to pay on other people's debts - especially since these can be quite significant amounts.

When buying a car in the car market from unfamiliar or completely unfamiliar people with a sale and purchase agreement or a power of attorney, but without joint re-registration in the traffic police, you will learn about the fact of the arrest of the vehicle only when you try to register it. And here, two dates will have a key influence on the term for removing the arrest and the complexity of resolving this issue: the sale and purchase 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 took place. In this case, you need to write a statement to the court, in which you point out the illegality of the arrest of your car already. However, the court will not cancel the arrest on the basis of only a statement and an agreement with a date: more than once there have been cases of drawing up an act of sale and purchase retroactively in order to avoid the detention of a car. The reality of the transaction will need to be proved - these may 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 for you. After making 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 arrested car is much more complicated. In this case, the restrictions were imposed legally, which means that they can only be removed by paying all debts associated with the car. Thus, it is pointless for the buyer to try to remove the arrest - it is necessary to challenge the legality of the sale and purchase transaction itself, and cancel it. Indeed, the seller broke the law by selling the car in defiance of the restrictions set for it. In such cases, the court takes the side of the buyer and almost always cancels the fact that the owner of the car has changed. Yes, you don’t have a car yet, but you will get your money back and you can use it to buy another vehicle that you can legally take over.

Before buying a car from your hands, do not be lazy, check with the help of available electronic resources whether the car you like is under arrest by bailiffs. Perhaps this simple operation will save you a lot of time, effort and money in the future.