The statement of claim for the liberation of property from arrest: sample

According to the current legislation of the Russian Federation, the court has the right to apply arrest on the joint property of the applicant and the defendant. Moreover, this may occur during the consideration of the case or on the final decree. The main purpose of such actions is to ensure the safety of controversial property. If you do not agree with the court decision, in this case you need to make a suit on the liberation of real estate or other values. And how to make it properly, we will tell you in this article.

1

Bases for seizure

The arrested property implies a complete ban on its use, and in some cases - restricting the rights of ownership of the confiscation. In any case, for such a procedure must be surface grounds. These include:

• court decision on the case of confiscation of property;
• a sign of "preservation" of all values \u200b\u200bthat are transferred to third parties by law;
• seating property for the time of consideration of the case, if there is a need.

The basic concepts and rules of arrest by bailiffs are fixed in Law of the Russian Federation "On Enforcement Proceedings".

2

Appeal procedure

To date, there are very often cases when the court decision on the ban on the use of property is unfair. Especially for this there is a certain procedure for appeal, which is regulated. Civil Code (GK) of the Russian Federation. For example, the arrest was imposed on the apartment of a civilian at his place of residence, but the owner of which he is not. Trade and industrial premises are also often featured under such circumstances. To prove its mistake, the defendant is obliged to grant supporting documents, whose number belongs:

• contracts;
• invoice or invoice;
• cash documents or checks for payment;
• acts on the reception of the object;
• other accounting or civil law documents.

It should be added that many confuse the removal process from arrest to protect rights and freedoms with the procedure for appealing the adopted court decision. Their difference can be found in Civil Code (Art. 23, 25 and 441), as well as in the table below.

3

Rules of paperwork

Well, of course, in this case, it is necessary to make a statement of claim for the liberation of property. Its sample can be easily found on the Internet or get in the judicial office. When making a claim, pay attention to the following aspects:

1. In the "Shapka" of the document, specify the name of the instance where you appeal. If the value of the property is over 50 thousand rubles, the lawsuit is drawn up in the district or urban instance, otherwise - on the world judge. In addition, the full name and the address of the plaintiff, the defendant, the debtor, as well as the data of the third party (state performer) should be specified here. The last string of the "caps" is the price of a claim.
2. In the body of the statement describe in detail the situation: when and who is imposed by arrest, and what grounds were for this. Also bring a list of seized values \u200b\u200bon the list, confirming them documented.
3. In the next part of the document, argue your application: write what caused a claim, confirming your arguments with excerpts from the legislation of the Russian Federation. If, with the seizure of property, substantial violations were made by the bailiffs - be sure to inform this fact. Guide with the provisions Law of the Russian Federation "On Enforcement Proceedings".
4. And in conclusion, ask the judge to remove the arrest from the above estate. Here you can duplicate the list of withdrawn values \u200b\u200band the number of confiscation resolution.
5. Crerate a document according to the signature, and also set the date of claim.

For a statement on mandatory, attach such support documents:

• skakopia of the claim;
• checks for payment of state duty;
• a copy of the decision to seize values;
• any documents confirming the fact of illegal decision (contract, invoice, etc.).

You can download right now on our portal:

• Sample application for exemption from arrest;
• Filled sample claim for the release of property from arrest and exclusion from OPI;
• Sample arrest declaration;
• Filled arrest applied sample;
• Sample petition for applying;
• Sample executive list for property arrest;
• Filled with an executive list on the imposition of arrest on property.

Create a suit on the arrested property is completely simple. The main thing is to familiarize yourself with the legislation of the Russian Federation, and also use the above-described tips when making a document.