There is an arrest on the property, what to do and how to remove

The law firm "Law and Law" brings to your attention, where it has a successful practical experience "On the seizure of property." In this article, you will find out the circumstances under which movable and immovable property may be seized. What the arrest implies and how to cancel the imposed encumbrances. Of course, it is unpleasant when your rights are restricted, but this is a legally necessary measure of the recoverer, provided for by the Regulatory legal acts of our legal country.

In certain situations, the seizure of movable and immovable property is an interim measure, an encumbrance, where the right to use property is limited. Which are formed not by the will of the encumbered person, but on the basis of a court decision and/or ruling. Arrest/encumbrances legally prevent the encumbered person from using, owning and/or disposing of his property. In other words, the seizure / encumbrances on property – this means a ban on all civil transactions with property.

The Court has the right to impose an arrest at the request of the applicant. A private or state bailiff by a court decision, or the criminal prosecution authorities in an initiated criminal case. Sometimes the tax authorities are responsible for not paying off the tax debt. The owner of the seized property, to whom it has been handed over for safekeeping, undertakes to ensure the safety of the entrusted property. It will be possible not to make any legal transactions with the seized property only when the arrest is lifted. There are many facts and circumstances where authorized persons, due to their ignorance and/or illiteracy, make arrests. In such cases, we advise you to contact the Law and Law Law Firm to obtain legal advice on resolving this problem.

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In most cases, arrests are made by Private or State bailiffs on enforcement proceedings initiated by a court decision on debt collection, alimony, etc. Let's say you are the owner of a part/share in the common property, then encumbrances can be imposed only on your part of the common property. But in this circumstance, encumbrances limit your rights to purchase and sell real estate and other property owners, in which case it will not be legally possible to cede or dispose of the encumbered property until the encumbrances are removed. If the amount of debt is insignificant, namely, it does not exceed 10% of the estimated value of the seized property, then in this case the arrest is subject to judicial removal, provided that you comply with the court's Decision and/or the Submission of an authorized body to the best of your financial ability. Also, the arrest of the Body of inquiry or preliminary investigation for mortgaged property in second–tier banks in mortgage and/or housing loans is not legal.

Sincerely, Law and Law Law Firm

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       Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.  

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