What bailiffs can take for debts, and what not

Why can anything be taken from you for debts?

No one will come to pick up your belongings if you are a little late with the payment for the Internet or delayed payment of the loan. The property will be in danger only if the creditor goes to court and wins it. Then the court's decision will go to the bailiffs, and now they already have the authority to collect debts from you. This includes describing your items and selling them.

What will the bailiffs take first?

They will start with money, because it is easier to take it and return it to the lender. There are two simplest ways:

• Find out if the debtor has an account. The bailiff has the right to requestFederal Law of 02.10.2007 N 229-FZ banks have such information. If the accounts are found, the institution will be obliged to withdraw money from them and transfer them to the bailiffs. If funds are insufficient, debts will be charged from future receipts.
• Act through an employer. If the debtor receives a white salary, part of it will be immediately sent to the bailiffs by the court decision. The amount usually does not exceed 50%
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  Federal Law of 02.10.2007 N 229-FZ from earnings. But when it comes to debt alimony, then you can lose up to 70%. All calculations are made after the income tax has been deducted from the salary.

That you definitely won't be taken awayFederal Law of 02.10.2007 N 229-FZ, so this is all sorts of benefits and compensations related to harm to health, death and so on.

If it was not possible to pay off the debts with money, the bailiffs proceed to the next stage: they seize and sell the property.

What property cannot be collected for debts

The list is pretty long. It includesCode of Civil Procedure of the Russian Federation Article 446:

• The only dwelling and the area below it. Exception - if the apartment or house is pledge for a mortgage loan. Also, in rare cases, it is allowed to sell the only home when the amount of debt significantly exceeds the value of the property.
• Furniture, clothes, equipment necessary for life. That is, the bed, linen and stove will not be taken away from you. But with a game console, a mink coat and a ring with a ruby, you will have to say goodbye.
• Property with which the debtor earns. They won't take the sewing machine from the seamstress, the car from the taxi driver, the laptop from the programmer. True, if the item costs more than 100 minimum wages (now the minimum wage is 12,130 rubles), then they can still withdraw it.
• Farm animals, birds, rabbits and bees, food for them and buildings where they live. But only if they are kept for personal purposes. If animals and insects are used in business, they are subject to seizure.
• Seeds for sowing.
• Products and money in the amount living wage taking into account the debtor himself and his family members.
• Fuel for cooking and heating.
• The means necessary for a disabled person.
• Prizes and state awards.

What property can be taken for debts

It is allowed to withdraw what is not prohibited. It makes no sense to list everything, but here are some interesting options:

• Pets. They are considered property by lawCivil Code of the Russian Federation Article 137. Animals, so they are subject to arrest and subsequent sale. For example, in the Stavropol Territory, the owner was arrested for the debtsA cat was arrested for debts in the Stavropol Territory cat. In 2015, a bill was introduced to the State DumaThe Duma proposed to ban the arrest of pets, which would prohibit this, but he did not find support.
• Fence. In the Stavropol region, bailiffs arrestedBailiffs arrested a fence in the Krasnodar Territory a fence made of corrugated board. The fence was dismantled and sold at auction.
• Hay. Two hundred haystacks hit"Instead of 200 thousand rubles - 200 hay": bailiffs arrested hay from the defaulter of alimony under arrest due to the fact that their owner-farmer did not pay child support.
• A door. The debtor made it himself and wanted to install it instead of the old one. But did not have timeSouth Ural bailiffs arrested the door.

In general, nothing is safe. Fortunately, you canFederal Law of 02.10.2007 N 229-FZ choose what you need least of all and suggest it for implementation. But only if the price of these things is sufficient to pay off the debt.

What will be done with the property next

It will be sold. How exactly depends on the priceFederal Law of 02.10.2007 N 229-FZ. Property with a total value of less than 30 thousand rubles can be sold by the debtor himself, if both parties agree with its price. It is prescribed in the deed of seizure. If the property is worth more than 500 thousand, then it will be sold at an open auction in the form of an auction. Things that do not fall into both categories are carried out by a specialized organization.

Part of the proceeds will be given to the creditor - in the amount of the debt specified in the writ of execution. Part will be taken away by the bailiffs in the form of a performance feeFederal Law of 02.10.2007 N 229-FZ. It is equal to 7% of the debt, but not less than 1,000 rubles per person and 10,000 from the organization. The money will be transferred to the budget.

If the debtor voluntarily pays the debt within five days after receiving the order from the bailiffs, the performance debt can be waived.

Is it possible to return your property

Yes, if you pay off the debt before the things are sold. If they have already been bought, then you can only say goodbye to them.