What should I do if a car is arrested by a police officer?
The situation, I must say, is unpleasant, but where it is, quite unpleasant, when you come home suddenly in a mailbox you find a court order to arrest a car. That’s the way: the owner of the car after such a surprise, will not be able at his discretion to now dispose of his belongings. Now he will not be able to sell his car, give someone a gift, test it or rent it.
But what you can do is arrest a vehicle – a measure is compelled, because its calling is to protect the creditor’s legitimate interests. The arrest of the property of the debtor by the Service of Forensic Bailiffs is imposed in order to prevent its sale bypassed by a court decision. But in case if afterwards the debtor does not execute court orders and does not return debts, the car will be let out from the “hammer”, and the money from the sale will go to close the debtor’s debts and the costs of the Service of the Forensic Service.
What are the reasons for the arrest of a vehicle SSP
A car may be arrested if the person who owns it is recognized as a debtor. This is the only reason for limiting the owner of the car to the right to use this property. There are several reasons for the appearance:
– delayed payment of the loan. If the bank was not able to negotiate with the client peacefully, then the problem is resolved through the court. The credit institution, in the claim, asks the court to recognize the case of debt formation and to force a careless borrower to settle his obligation by arresting the TC in his property.
– cars can be arrested and for debts to individuals. But this is possible only if this fact is recognized by the court.
– Debts often arise before state structures or legal entities: the customs service can file a lawsuit in court for the arrest of a car if its owner has been violated documents for import of motor vehicles to the territory of the country.
The car is arrested by the bailiffs
But how to find out that the car was arrested?
The rules for the arrest of a motor vehicle SSP are established by law.
The owner of the car must be served with a document indicating the reasons for the car’s arrest and the time limits in which he is required to comply with the court order. But if a motorist for some reason not familiar with the document, he can ask the bailiffs for this document.
A vehicle may be arrested only after a court decision has been issued by a representative of a court to prohibit any actions with the car. As soon as the owner of the car receives a copy of such a document, he has the opportunity to find out if his car is arrested and if so, why. But if the location of the car is not established, then the court can be made a decision on its pursuit and arrest.
What should I do if my car has been arrested?
In this case, the car owner must do everything to remove such a restriction from the vehicle.
Such a question, usually, the owner of the car carries on his own. But due to the fact that many are practically not familiar with the legislative base, the problem can be considered unresolved.
If at the appointed time the car owner did nothing about the debt, the bailiffs arrest the car and transfer the seized car to a company engaged in the sale of vehicles under arrest. But as long as the TC is not purchased, it can still be returned if you pay off the current debt.
After the vehicle is arrested, the driver has no right to ride on it. Therefore, motorists, debtors, having learned about executive production, do not think anything better than hiding from court executors.
But in this case, the bailiffs found the possibility of arresting the car of the debtor, they declare the vehicle to be stolen.
In order to buy a stolen car, there may be big problems. And the old owner can be convicted at all. In order to prevent this from happening, the TC owner is better off settling his debts in a timely manner and contacting the bailiffs. Buyer must carefully check the car before buying.
How to be if the vehicle is illegally arrested by a bailiff?
It often happens that the cost of arrested transport is lower than the actual amount of debt. In this situation, the car owner may declare the action of the bailiff illegitimate. Sometimes such an act of bribery may be the occasion for bringing to justice.
If the car owner finds that the bailiff is acting in an illegal manner, then he has the opportunity to do so:
– apply to court;
– write a complaint to the SSP department;
– file a complaint with the prosecutor’s office.
Why get a car?
The main reason is to avoid the possibility of selling a car. When selling bids, the amount received from the sale of a car is always less than its actual value. The car owner is not at all beneficial, because the rally in the sum can turn out to be large, as the court executors are interested in the quick sale of the car, and it is not profitable for them to find a buyer who is able to pay good money for the car. Another reason may be that the money that is supposed to rescue trading may o