How to remove the restriction on registering a car with the traffic police

Restriction of registration actions: instructions for use.

In recent years, the used car market has literally broken records. Used car sales have increased dramatically over the past few years. But at the same time, the number of vehicles subject to certain registration restrictions has also increased. To our regret, every year more and more car owners and buyers are faced with problems with their registration and re-registration with the State Traffic Inspectorate.

And this is despite the fact that there are a number of official services on the Internet that allow you to check any car not only for theft, but also for the presence of restrictions on registration actions with the traffic police.

But what to do if restrictive measures have already been imposed on the car, and the car owner needs to remove them? How to find out in advance which body has imposed a ban on registering a car with the traffic police? Let's figure it out together, friends.

First, let's determine what restrictions may be imposed on the property of the car owner. In particular, we will find out with you what restrictive measures can be imposed on the vehicle.

First, you and I need to understand on the basis of what legislative act in Russia certain restrictive measures can be imposed on a car.

The main regulatory law in Russia is the Federal Law “On Enforcement Proceedings” dated October 2, 2007 N 229-FZ.

Thus, according to Law FZ-229 “On Enforcement Proceedings”, the bailiff has the right to seize the debtor’s property within the framework of enforcement proceedings, as an interim measure until the debt is paid or partial repayment of the debt begins.

That is, if enforcement proceedings are initiated against the owner for any debts by the bailiff service within the framework of Federal Law No. 229, then in accordance with Article 80 of this law, any property of citizens may be seized.

Is it legal to restrict the previous owner?

To answer this question, we need to understand when the owner actually becomes the past. Everything is very simple - at the moment of signing the purchase and sale agreement. Bailiffs, in accordance with the Federal Law “On Judicial Proceedings,” can, within the framework of enforcement proceedings against the debtor, as an interim measure, impose a registration ban on his property, including a car. But if the property no longer belongs to the latter, then such a restriction is illegal.

That is, if the ban is imposed by the bailiffs after the transfer of ownership - the date (and time, if any) in the car purchase and sale agreement, then this is illegal, and it is subject to cancellation, since it was actually imposed on someone else’s property. We'll look at how to cancel it below.

What does “vehicle impound” mean?

Many citizens in the country confuse this restriction of registration actions imposed by a bailiff with the seizure of a vehicle. In fact, friends are not the same thing. The arrest itself implies a specific prohibition on the disposal of this property.

Here are the cases in which property seizure is used as part of enforcement proceedings:

— Ensuring the safety of property that is subject to transfer to the claimant or sale.

— Execution of a court decision on confiscation of property.

— Execution of a court decision to seize property that belongs to the debtor and is owned by him or third parties.

The seizure of the debtor's property may consist of the following, namely, both in prohibiting the disposal of property, and (or) in limiting the right to use property or in its seizure.

Grounds for lifting arrest

Let's move on to the question of how to remove the arrest from a car. To begin with, we list the grounds provided for by law, in the presence of which the arrest can be lifted:

The requirements stipulated by the writ of execution were satisfied, that is, the fine was paid, penalties, fees, debts or taxes were paid.
Termination of enforcement proceedings in connection with the issuance of a demand from the court or other body that issued the writ of execution.
If the court decision finds the seizure of the car to be unlawful.
Termination of proceedings caused by the initiative of the claimant, as well as in other cases that are detailed in the law. All detailed information about the cancellation of the arrest must be reflected in the resolution on the completion of enforcement proceedings.

How to remove a car from a seizure imposed by bailiffs? First of all, you need to write an application, which will later need to be submitted to the bailiff service. The application must indicate a request to remove the seizure from the car, as well as attach the necessary documents. Depending on the reason for which the seizure was imposed, receipts for payment of fines, payment documents indicating payment of alimony, and other debts may be attached to the application. A court decision dismissing the case in which the vehicle was the subject of a dispute may also be attached.

We invite you to learn in more detail, using a video, how to remove a seizure from a car by bailiffs. Let us remind you that if you still have questions, you can contact the bailiff service yourself and get advice on this issue.

How to remove a court-imposed seizure from a car? Unlike the previous option, in this case you need to contact not the bailiffs, but, accordingly, the court. Moreover, you need to contact the court that made the decision to seize. First of all, you need to write a statement of claim; it is advisable to draw it up based on the advice of a lawyer, otherwise the application may simply not be accepted.

The judicial authority accepts the application and considers it in court. As a result, a decision is made to lift the arrest or refuse to satisfy the claim. If a decision is made to lift the arrest, the data is transferred to the appropriate authority (bailiffs or customs authority). Then he gets involved, removing the arrest from the car.

Source

It's worth distinguishing!

Buying a car

In what cases can a car not be seized?

According to the Federal Law “On Enforcement Proceedings”, in particular Article 80, paragraph 1.1 , seizure of property is not allowed if the amount of debt (collection amount) is less than 3,000 thousand rubles.

That is, if you owe someone less than 3,000 thousand rubles , then even if enforcement proceedings are initiated against you, the bailiff service will not be able to seize your property (including your car) as a measure to ensure payment of the debt.

Prohibition on registration of a car.

By the way, it is worth immediately noting that bailiffs rarely resort to seizing vehicles at the initial stage, preferring to first impose restrictive registration measures on vehicles.

Thus, this is also done within the framework of Article 80 of Federal Law No. 229, namely, paragraph 4 of this law, which provides for restrictions on the right to use property .

What does this mean for the car owner? Everything is very simple. The bailiff has the right, after initiating enforcement proceedings, to limit registration actions with the debtor's car by informing the traffic police authorities, which, in accordance with Order of the Ministry of Internal Affairs of the Russian Federation No. 1001 of November 24, 2008 (as amended in the current version) have the right to limit registration actions with the car by court decision , by decision of the bailiff service, investigative departments, Investigative Committee, Prosecutor's Office or Ministry of Internal Affairs, and other government agencies. structures.

Here's how you can check whether there are restrictions on registration actions with a car at the traffic police

But what if you are planning to buy a used car, but are afraid that registration restrictions are imposed on it? Indeed, if there are restrictive measures in relation to such a car, the new owner, after signing the purchase and sale agreement, simply will not be able to re-register the vehicle in his name within the period established by law...

To our deep regret, there have been many such cases in recent years. Especially after the traffic police authorities simplified the procedure for re-registration of cars after concluding a purchase and sale agreement and other agreements in accordance with the Civil Code of the Russian Federation.

After all, now the owner of a car can sell it without first deregistering it with the State Traffic Inspectorate. Simply, after signing such an agreement, the new owner is obliged to re-register the car in his name within 10 days. As a result, it turns out that the parties to such a purchase and sale transaction must make settlements among themselves under the agreement before registration with the traffic police.

In order for future buyers to know in advance what kind of car they are purchasing, the traffic police authorities have introduced an online service on the Internet to check the car for search, for the presence of restrictions on registration actions with the vehicle.

Also, anyone can check the desired car by personally contacting the traffic police.

Why can they impose restrictions on registration actions with the traffic police with a car?

According to the current legislation, the bailiff service can impose restrictions on registration actions with a car by decision of various government bodies, namely regarding debts, legal disputes between owners, etc. contradictions.

Here are the reasons why registration restrictions may be imposed on a car:

— Debts from traffic police fines.
— Debts for any administrative fines.
— Tax debts.
- Rent debts.
— Debts for alimony.
— Litigation regarding ownership or division of property (disputes between individual entrepreneurs, legal entities, heirs, relatives, etc.)
— For insurance cases related to regressive claims.
— At the request of the Customs authorities.
— At the request of the judicial authorities in the interests of organizations that have the car as collateral. For example, under loan agreements.

Deadlines for appealing a car seizure

Applications and petitions are considered by officials within 10 days. If these deadlines are violated, you can appeal the inaction of the FSSP representative to a higher authority.

When considering a case in court, a response is given within 30 days.

Articles:

Seizure of a car by bailiffs for debts

Buying a car with a ban on registration actions