Statistics say that about 2.5 million used cars are purchased in Russia every year, and only a fifth of them are sold by official dealers.
The rest get out of hand. At the same time, the number of situations is growing when a new car owner is denied registration with the traffic police due to the arrest of the vehicle.
The buyer realizes that he has become a victim of a scam, too late - it is already impossible to find a seller with money.
You can avoid this situation if you pay attention to a conscientious check of the car even before the conclusion. Read the article and find out how to check a car arrest.
A car may be impounded:
- . The arrest is a consequence of the fact that the owner has been increasing the debt for traffic police fines, alimony, and utilities for a long time. Bailiffs can act only after the recognition of the debt by the court.
- Customs. The arrest is imposed if the car was imported into the territory of the Russian Federation illegally.
- Court. The car can become the subject of a dispute, for example, between former spouses. In this case, to remove the arrest, it is necessary to wait for the verdict of the court.
- Traffic Police Department. If, after an accident, the body, engine, VIN numbers become unreadable, an arrest is made that prohibits re-registration of the vehicle. The tracing department is checking to make sure that the plates have not been changed during the renovation.
Where to check?
You can check the car for arrest by contacting:
- In the FSSP department - it is the bailiffs who execute all court decisions. In response to a request, the motorist will be told whether any restrictions are imposed on the car, and, if so, for what reason.
- To the traffic police department. To find out if a car has been arrested, you need to stock up on the following information: car model and make, state registration number, identification data, such as body and engine numbers.
Online check
Visit government departments personally there is no need if you have a computer with the Internet at hand. Online verification can be carried out according to the following algorithm:
- Visit the site www.gibdd.ru.
- Find the block "Online services of the traffic police" on the right and select the item "Vehicle check".
- On the vehicle verification page, enter the VIN and captcha - a code that protects against spam. The VIN code can be found in the TCP and in the certificate of registration of the technical device. In the absence of a VIN code, body and chassis numbers will do.
- Click the big green "Check for Restrictions" button. If the details are correct, the service will display information about the existing restrictions.
The traffic police online service does not provide information about cars that are pledged. In addition, it is impossible to find out when the car was wanted or as a pledge.
It is difficult to obtain information about the pledge, because the traffic police does not have a single database of such cars, and financial institutions, of course, will not agree to disclose banking secrecy. However, there is a way, but more on that later.
Checking through the website of bailiffs
On the website of bailiffs (www.fssprus.ru) you can find out about court proceedings against a particular person. You need to find the item “Learn about debts. Enforcement Proceedings Data Bank” and indicate information on an individual or legal entity. An individual will need to enter their full name, date of birth, name of the city of registration. The VIN and registration number are not required.
Prefer online check direct request to the FSSP. You will be able to learn the same information, but much faster.
Mobile App Check
Apple technology users can check the car using the "VIN check" application.
The application functions in accordance with the current legislation and includes the database of VIN codes of Kaluga, Kaliningrad and St. Petersburg.
The application user can find out from a reliable source the date of manufacture of the car, the country where it was produced, and the basic equipment.
The obvious advantage of the application is that it allows you to check whether the vehicle is pledged by the bank.
In fact, the iPhone app is the only way to get credit information, so it's no surprise that it has been in the top 10 downloads of the AppStore for a long time.
How to remove the arrest from the car?
In order for the arrest to be removed from the car, it is necessary to eliminate the reason for its imposition, namely, to pay the resulting debt.
The driver is given five days to pay - if the money is not received within this period, the car is seized and transferred to a specialized company that tries to sell it.
However, the deceived car owner does not want to pay debts for an unscrupulous seller.
There is only one way out: to file a lawsuit and demand a refund and the recognition of the contract of sale as invalid.
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 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 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 full right to search and seize your property, write off funds from various 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 lift the ban on registration actions First of all, you need to make sure that each of the bailiffs who applied punishments 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 interim 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, according to 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 hidden former owner information 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 bailiffs arrest a 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.
When buying a car not from the salon, but previously used and from hands, a completely logical question arises before the buyer: how to protect yourself from illegal fraud and find out if the car is under arrest or stolen?
Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
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Car arrest in Russia
The arrest of a car is a legally significant action, expressed in the form of a response measure of the Federal Bailiff Service (hereinafter - FSSP), court, customs or judicial structures of the Russian Federation in order to prevent possible violations of the owner in the future or to be able to pay off the resulting debt in the future.
Ways
In our state, a car may be seized in several cases, directly established by legislative acts. The most common and frequently encountered option is to pledge a car in a banking organization as a guarantee of a refund. This situation occurs when the car is purchased on security or when it acts as a guarantor for another loan obligation.
If there is such an option, then the car is actually the property of the bank and is not subject to sale, donation, exchange and other legally significant actions with it.
The owner can freely use the car, but he has no right to alienate or perform other actions, as this is fraught with negative consequences both for himself and for the buyer. The actions of a person who has violated obligations will be further qualified as fraud and will entail appropriate punishment.
Another case of arrest of a car is the restriction of actions with it due to its transit legal status. For example, such a situation may arise in the event of the death of the owner before the opening of the inheritance and entry into the rights to hereditary property. This is especially true in the case when the heirs cannot come to a unified decision regarding the car. In this case, the court imposes an arrest until the situation is resolved. Seizure of property will also be imposed when the owner has committed a crime.
There are two options:
- a car is a means or a participant in criminal events;
- the crime is of a property nature, so the vehicle may become the subject of confiscation in the future.
How to find out who made the arrest?
In our country, the following authorities can seize property:
- FSSP - has such a right in the event that the owner of the car has large amounts of outstanding fines or other payments (including utilities, alimony, etc.), but on condition that such a debt is recognized by the court as existing and outstanding.
- Court instance - in the case when the car passes in any form in a criminal or civil dispute and there is a possibility that the owner wants to get rid of it.
- Customs - in the case when there are undeniable facts or suspicions that the car crosses the border or is imported illegally, as well as there has been a violation of the customs clearance rules established in the Russian Federation.
- The search department of the traffic police - in the event that the car had an accident and has damage associated with the need to replace parts, where the vin number, engine number, etc. are indicated. Employees road service must seize the car and ensure that all identification data retain their original appearance.
Procedure
Seizure of property can only be imposed by specially authorized bodies. Moreover, this happens not at their discretion or inner conviction, but according to a reasoned decision of the court. Cases when an arrest can occur, as well as the procedure for its imposition, are regulated by Law of the Russian Federation No. 119. In the case of issuing a document on arrest in the traffic police, the obligatory presence of the owner is necessary, since he will continue to use the arrested property and he must know what he has the right to do and what not.
What is the purchase risk?
Before you buy a car from your hands, you should completely protect yourself from undesirable consequences. For example, if you bought a car and the seller did not tell you that it was restricted, then new owner will not be able to register it, i.e. traffic police will refuse to register.
Thus, the new owner will not be able to take ownership of their new purchase.
Fortunately, today there are several ways. Using one of them, you will protect yourself from further problems.
How to find out if the car is impounded or not?
You can check the car for the presence of arrest sanctions both offline (when contacting the appropriate authorities) and online.
At the bailiffs
If you decide to check the car in this way, then the procedure for contacting this structure is regulated by the law "On the Procedure for Considering Citizens' Appeals". Article 7 of this law contains a list of requirements that are put forward for the design and content of your appeal. The application must be considered within the time limit established by the law.
Currently operating general rule- up to 30 calendar days (Article 12 of the Law), but according to a review of established practice, the period during which you will receive a response to your appeal does not exceed 7 calendar days.
Be sure to include the following information in your application:
- model, make of the car and year of release according to the documents;
- state registration mark (according to the state number indicated on the plates in the front and rear of the car);
- vin code, body number, and engine number.
If you have any documents on hand, including copies of them, then attach them to the text of your appeal. On the official portal of the bailiff service, it is possible to check the information in a more efficient way, but the main requirement here is knowledge of the VIN code. Not everyone can find out this information about someone else's car. If you don't have one, please contact us in writing.
At the traffic police
The traffic inspectorate, like no other structure, is simply supposed by status to have all the information about the vehicles that have been registered with them. It is necessary to contact the department for work with requests from citizens and organizations. The terms and conditions for applying here are the same as in the FSSP.
It is possible to check the car in the online request system.
An important point is the fact that the traffic police may receive a notice of the arrest of the car a little later, especially in the case when this service is not the initiator of this legally significant action. Take this fact into account when deciding to obtain information about a particular vehicle.
Online
If you decide to get information on the car you are interested in as quickly as possible, then go to the traffic police website - http://gibdd.ru. On the main page, on the right side of the portal, find the "Online Services" block and click the illuminated blue "Vehicle Check" button.
You will be automatically redirected to a form that must be completed to complete the initialization. Here you need to enter the VIN code, then the captcha below (the security code, usually contained in the picture). If you do not know the VIN, you can enter the body or chassis number.
Only this information about the car service you are interested in will be able to provide you with the necessary information. Once you have entered it, click on the big green button at the bottom of the "Check for restrictions" page.
If the information you have is true, the service will provide you with data on whether any restrictions are currently imposed on the registration of the vehicle, whether it is under arrest, or whether there are no restrictions and transactions with the car are allowed.
The service does not provide information about when and for what time the car was seized, it is on bail or wanted.
Real appeal or online verification?
The choice of verification method should be based on what goals you are pursuing. In the event that your the main objective- obtaining information to confirm the words of the seller or a banal check of your own car, then, of course, everything will happen online much faster.
If you need information as evidence in a trial, then a written response from one or another authority will act as such.
This will be the best way, since it is issued on official letterhead signed by an authorized official.
other methods
There are several more ways to convict the seller of dishonesty when selling a car:
- Be sure to make an appointment with the traffic police for the seller, transfer the money and sign the contract only after re-registration. If during this procedure the traffic police did not have any questions, then the car is clean.
- If necessary, resort to the help of other services. Fortunately, there are a lot of them on the Internet today, both free and paid.
- Enlist the help of a special company that checks the car before re-registration. So, they can provide information not only about the arrest or bail, but also the number of accidents involving this vehicle, as well as other important factors and problems.
- Do not transfer the entire amount for the car until the car is completely re-registered.
- Do not agree to the sale of vehicles to you general power of attorney or in any other way without re-registration, until you personally verify the correctness of the transaction.
lift arrest
If you are the owner of an arrested car and want to sell it, then before taking such an action, you should remove the car from arrest. To do this is quite simple - just eliminate the reason why your car was subject to restrictions. Most often, the problem lies in the timely repayment of debt obligations. If, within 5 days from the date of imposition of restrictions, the owner repays all his debts, they will be removed from the car immediately. If the owner ignores the situation, then in the future the car is seized, and then the car can even be seized and transferred to other persons for storage.
