What to do if the bailiffs blocked your salary card?

Taking into account modern requirements for carrying out enforcement proceedings, the seizure of accounts and valid cards of the debtor is the main method of executing court decisions on monetary obligations. It is important to understand the difference between wage collection and seizure of accounts at a credit institution. It is because of the lack of precise definition of these terms that confusion arises, misleading most debtors. If the bailiff seized your card, the most important thing is not to panic and find out why this happened. It is important to find out the reason for the arrest.

How to find out that a card has been seized due to enforcement proceedings?

A bailiff imposes a seizure on the debtor’s accounts in the following cases:

• a decision was made to impose an administrative fine;
• a court order was issued to collect debt, fines, penalties for housing and communal services, under a loan agreement with banks or micro-loan organizations;
• a monetary penalty established by a decision of a judicial authority in an adversarial process.

With modern systems for accessing the database of enforcement proceedings, finding out the reason for the seizure of a card is not difficult. Moreover, after receiving documents from the bailiffs at the bank, the client is informed about the seizure.

With this data, it will not be difficult for the client to find his enforcement proceedings using the open database of enforcement proceedings. As a result, you can contact the bailiff in person or contact the specified phone number.

To receive a resolution, you can come to the FSSP employee during reception hours or wait for the corresponding letter at the place of registration.

If the bailiff sent a resolution to the debtor’s employer, then the latter does not have the right to collect an amount exceeding 50 percent of the citizen’s official monthly earnings, except in cases established by law.

The concept of “salary card”, officially enshrined in laws, does not exist. The credit organization in which the company's salary project was opened issues personalized debit cards that are linked to regular current accounts. These include uniform requirements for bank accounts. Accordingly, the arrest corresponds to the amount of collection. And 100 percent of the income received from the account may be withheld until the debt collected by the court is fully repaid.

The bailiff cannot find out the history of the origin of the funds. That is why there is a complete blocking of income. There is a contradiction here between the provisions of the legislation on enforcement proceedings and on maintaining bank secrecy.

Deduction amount

The card itself can be used - it remains active. Her account and the funds that were on it are blocked. When an encumbrance is imposed, the entire salary will be seized, because the bailiff does not know that it is exactly that. By law, no more than 50% of the debtor’s income is subject to blocking, which is regulated by Article 99 of the Federal Law “On Enforcement Proceedings”.

But the retention rate can increase to 70% if:

1. There is a large debt for alimony, and the person avoids providing financial assistance to his children.
2. If it is necessary to compensate for damage due to the loss of a breadwinner, the cause of whose death was the debtor (or harm to health caused to a person).
3. When funds are stolen by the debtor or it is necessary to compensate for some material damage.

The percentage may drop to 25-30% if the debtor has children under 18 years of age (or a single-parent family). But you should not expect interest write-offs when the arrest is imposed unexpectedly by the bailiffs, because they do not know whether the debtor has children, or what kind of family he has. Therefore, the entire amount is blocked, which is not a reason to panic.

Does the bank have to notify the seizure?

There is no need to talk about the existence of such an obligation. The relationship between the parties in the interaction between the client and the credit institution is established within the framework of the account servicing agreement.

For example, Sberbank also provides information about the last name, first name, and patronymic of the bailiff who imposed the arrest. The name of the district FSSP to which the bailiff is assigned is indicated.

The amount of the penalty must be reported, since it is for this amount that the arrest is made.

By law, the duty to notify the debtor is assigned to the bailiff.

Is it the bank's responsibility to notify the client about the seizure of his account?

Here you need to carefully read the terms of the agreement for the issue and servicing of a credit card. The document states that the holder, by signing it, automatically agrees that the Bank has the right to write off from other accounts that have residual funds overdue debt in the amount of the second mandatory payment without additional consent of the card holder, if such a condition is provided for in the terms of the agreement . The holder authorizes the bank to convert the finances available in its accounts into foreign currency at the rate established by the bank on the date of the transaction in the event of failure by the client to fulfill financial obligations to it.

This means that the bank’s actions regarding write-offs are legal. To avoid being left without a livelihood, always carefully read each clause of the contract before signing it.

Should bailiffs report enforcement proceedings?

The bailiff issues a corresponding resolution on the commencement of enforcement proceedings. A copy of this document is sent to the debtor via Russian Post by registered mail with acknowledgment of delivery to the addressee. The debtor receives notification of the receipt of such a letter and must pick it up at the local post office.

From the date of receipt at the department, the letter is stored for 30 days. Next, it will be returned to the sender.

Cases when the letter is not received:

• the citizen did not take it away intentionally;
• the citizen does not reside at his place of registration;
• the postal employee did not deliver the notice;
• the notice was stolen along with other contents of the mailbox inside the entrance.

In other cases, when the letter has been delivered and handed over, the debtor will be fully informed about the existence, basis, amount of the debt, information about the identity of the debtor, about the bailiff who is conducting the proceedings.

How much can bailiffs deduct from wages?

With the exception of cases where alimony obligations are collected in a specified amount of money, the maximum amount of withholding should not exceed 50 percent of the amount of income received as wages to the citizen’s current account.

Exceptions established by law:

• When are alimony debts collected?
• When compensating for damage to a citizen’s health.
• When compensating for damage caused as a result of a crime.
• When compensating for damage caused by the death of the family breadwinner.

Under such requirements, retention rates can be as high as 70 percent.

In the presence of circumstances such as:

• difficult financial situation;
• raising one or more minor dependents;
• obtaining disability while maintaining the ability to perform a labor function.

The percentage of the recovered portion may be reduced to 25 percent. You need to talk about this with the FSSP employee who is conducting the production. All these factors must be documented:

• Presence of children – birth certificate for each dependent.
• Disability – certificate of passing the commission.
• Pensioner status – pension certificate.

Without appropriate confirmation, a request to reduce the recovery percentage will not be considered.

Is the money held by the employer or the bank?

It depends on who the decision to initiate enforcement proceedings was sent to. If the documents are in the employer’s accounting department, then the percentage of recovery strictly corresponds to 50 percent of income. They are sent by the accountant to the bailiffs’ account specified in the resolution. Further manipulations with finances are carried out by the bailiffs themselves in accordance with the court decision.

If the resolution is received by a credit institution in which a current account is opened for the receipt of wages, then most often a seizure is recorded for an amount equal to the amount of the collection. All incoming income is written off to repay the debt in the amount of 100 percent of the income. After the seizure is removed from the salary card, the amount of the penalty will correspond to the established limits.

Which banks do not freeze accounts?

The statuses of all financial institutions are equal. If bailiffs blocked a salary or credit card in one organization, then they can do the same in another. Therefore, it will not be possible to find a place where you can safely put money without fear of arrest, unless you leave it at home.

But there are cases when money is sacrosanct. These are the categories of accounts that cannot be touched.

You can store money in the webmoney.ru system. Make a virtual card and pay with it. Bailiffs do not make requests to this organization.

Hotline for citizen consultations: 8-804-333-70-30

How to remove a hold from a card?

Until the corresponding notification is submitted to the FSSP employee, he does not know that the current account is used to receive salaries. To confirm this fact, it is necessary to draw up an application in accordance with which you request the removal of restrictions from this account. Be sure to attach to it an extended statement taken from a branch of a credit institution and a certificate from your place of work stating that funds were transferred to this specific account.

There are several ways to submit an application:

• sending by Russian Post a valuable letter with an inventory of the contents and declared value;
• personally to the employee during reception hours.

The second option is preferable, as it will speed up the process of removing the burden. You don't have to wait for the bailiff to receive the correspondence. The first path is intended for those who cannot take time off from work to go to the bailiffs.

When submitting in person, you should print out two identical copies of the application. The citizen’s copy is stamped and signed by an employee confirming receipt of the document. It is recommended to stitch and staple a package of documents, including an application, a statement from the credit institution where the account is opened and a certificate of employment.

Typically, staff receive visits twice a week, for several hours. Given the volume of debtors, the queues for them can stretch to dozens of people. Therefore, it is necessary to queue in advance.

If the bailiff is not on site, it is not forbidden to transfer the application to the office of the district department of the FSSP.

A Sberbank card was blocked for suspicious transactions, what to do?

A Sberbank card has been blocked: what to do, possible reasons for blocking, how to unblock the card

If Sberbank has blocked the card, you will not be able to use the payment instrument in standard mode. In most cases, the block can be lifted within a few days. But before contacting the bank, find out the reasons for blocking and the possible consequences of such a decision. How to find out about blocking? There are several ways to quickly find out that a bank account is blocked: By SMS. In most cases, the client receives a notification from number 900, which details the reason for blocking and the card number. If you accidentally deleted this notification, you can make a request by calling the support number (900). At the bank office. Take your passport and card. Bank employees

will verify the information and (upon request) provide an official document confirming the current status of the account. In online services. If you log into your Sberbank Online personal account, the blocked card will be displayed separately. Accounts that are valid without restrictions are located on the main page - there will be no special marks opposite them. Call support by phone. Call number 900, give your full name, payment instrument number and code word. Passport details will be required for quick identification. If you don’t remember some of the data or you don’t have your credit card at hand, take the password from the bank terminal. A contact center specialist will help determine the status of the account and tell you what the reason for the restriction is. In the terminal. If you suspect that your card account is blocked, to make sure, take another one (if available). Insert another card, enter your PIN and go to the list of available accounts. If you try to insert a locked card into the terminal, it will be automatically captured. On the site. Fill out the special form in the “Feedback” block, indicating your questions. A current phone number and email are required. Either option allows you to determine exactly what happened to the account. If you want to receive an official document from the bank, contact your nearest branch. Reasons for blocking A bank card account can be blocked for many reasons. To troubleshoot the problem, find out what caused the restriction. Incorrect PIN entry

The most popular reason for a card to temporarily suspend activity is to enter the PIN code incorrectly 3 times in a row. If you have forgotten your current PIN code, it cannot be found out from the bank or service - this information is confidential. What to do if you yourself blocked the card because you entered the PIN code incorrectly: If you don’t urgently need the money, wait a day. The next day the account will be active automatically and you will be able to use your credit card again. Re-issue if you want to withdraw cash. From a reissued card you can withdraw up to 50,000 rubles per day using your passport only. Replace the card if you are using an instant card. Replacement with momentum is carried out within 15 minutes. You will receive a card with the same account number, and the details for calculating your salary will also remain unchanged. If you want to change your PIN, this can only be done when the card is unlocked. The service is free, contact the bank office or change the PIN yourself at any of the terminals. The new PIN will take effect immediately after replacement. Account seizure

If you have debt on utility bills, traffic police fines or loans, the card account may be blocked by bailiffs. The account is seized by court decision. How to find out about an arrest: An SMS notification is sent to your phone, which indicates the reason for the arrest, the amount of recovery, the number of the court proceedings and the name of the authorized employee. In Sberbank Online, the seized account is displayed with a special mark. At the office, upon request, employees will give you a document that will also indicate information about the arrest. General information can be obtained from the support service by calling 900. A seizure blocks a card account only if the owner does not have enough funds to repay the debt. To lift a lien, you must first meet financial obligations. After repayment for a long time, there are 2 options for how to return the card to functionality: contact the bailiffs or wait until they lift the block themselves. On average, resolving the issue takes from 5 to 30 days. Suspicious activities

If you often order purchases from foreign sites, paying by card, or receive dubious transfers (from online wallets, from foreign suppliers), there is a risk that the bank will block your card for suspicious actions. Typically, the reason for such a block is the excessive caution of a financial organization: in order to prevent fraud and violation of Russian legislation, bank employees block dubious customer accounts. If you pay taxes, comply with the laws of the Russian Federation and do not pay for prohibited services, for example, illegal online casinos, there is nothing to worry about. To remove the block, contact the bank manager and bring documents that confirm the legality of your financial transactions. Often such blocking occurs for individual entrepreneurs and company owners who receive payment for goods from abroad and then report to the bank about where the money came from. Blocking for a negative balance Sberbank debit cards are not blocked if the balance drops below zero due to withdrawal of funds to pay for Mobile Banking or annual maintenance. But if you are arrested and owe a debt to the court, the account balance may also be in the red. If you owe money to the state, bank, companies or individuals, pay off all debts to regain the ability to use the means of payment in full. Use of the account by third parties Fraud or suspicion of it is a common reason for restricting actions with the account. The bank is interested in ensuring that depositors' funds are under the control of their owners. Therefore, the security service stops possible attempts to steal money from accounts. Fraudsters most often steal cash from customers who

use online services. By making transfers to dubious companies, accessing via SMS, or receiving codes from Sberbank Online, they steal money from deposits and credit cards. If the bank has suspicions that the funds on the bank card are not being used by its owner, with a 99% probability the account will be blocked. What to do in this case: If there really was an attempt at fraudulent activity, you need to reissue the invoice. You will receive a new means of payment in 7-14 days at a convenient Sberbank branch. If all transactions were performed by you personally, call the support service or check with the office for information. If you have a passport, you can leave a request for unlocking; the bank will respond within 10 days. In situations where money has been debited from the account, you need to not only leave a claim with Sberbank, but also take the statement to the police. Consideration of this issue may drag on for many months, since it is not easy to track financial crimes. Expiration date When the validity period of the plastic carrier has expired, the card is blocked automatically. The account continues to operate. You will receive all the deductions that the employer sends to it, but you will only be able to withdraw money at the office using your passport. With a planned reissue, it is enough to simply get a new card. All services (SMS banking, auto payment and Sberbank Online) will remain unchanged and will be fully available after activating the new payment method. You can receive the card at the same office where the account was opened. If the reissue was issued at the initiative of the client, the branch can be any. Arrest under 115-FZ

Account holders who make financial transactions for large amounts may face blocking of funds under 115-FZ. What is the essence of blocking by law: Money in the amount of 1 million rubles or more, sent online, has been received into a bank card or deposit account. The client wants to withdraw cash at the office 1-2 years after deposit and refuses to provide information about the nature of the cash receipt. Rosfinmonitoring cannot track the nature of the receipt of funds, therefore it instructs bank employees to stop the cash withdrawal operation and temporarily suspend access to the account. Only cards are subject to blocking, information about financial transactions for which remains unknown to the bank. If you regularly send information to Rosfinmonitoring, agree to fill out paperwork to verify where a large amount of money came from, or simply do not withdraw it immediately after it arrives in your account, the card will not be blocked. In cases where amounts to the account are received in payments in the amount of 200-300 thousand rubles, but regularly throughout the day, the card can also be blocked until the client submits a report to the authorized financial authority. According to 115-FZ, verification of large financial receipts allows minimizing the risks of terrorist financing. Banks are required to report all suspicious transactions on depositors' accounts. Those who refuse to cooperate are subject to special control by Rosfinmonitoring, and their accounts are simply blocked until the reasons are clarified. If you are one of the citizens whose cards are blocked by the decision of financial monitoring, contact the nearest bank branch with all documents. A bank employee will accept your application, and the response from the authorized body usually takes no more than 10 days. After reviewing the decision in your favor, the account will be unblocked after 1-2 days. STOP list: indefinite blocking

Some clients do not have the right to use bank services, apply for deposits, cards and loans. This is a special category of citizens who are included in Sberbank’s STOP list, or black list. STOP list is a special list of clients. It includes those who are legally involved in terrorism or extremist activities. When servicing such clients in the office, specialists usually see a special red mark next to their accounts, which limits access to almost all transactions except expenses. If you are a respectable citizen who was mistakenly included in the STOP list, provide all account documents, passport and SNILS to the Sberbank office. The bank card will be unblocked only if the bank has no questions about your involvement in prohibited groups in the Russian Federation. Is it possible to withdraw money from a blocked card? You can receive money from a blocked Sberbank card, but only in the office. The bank imposes certain requirements on the client when carrying out this financial transaction: To make a withdrawal, it is necessary to provide the number of the means of payment and the account from which the debit transaction will be carried out. The amount of expenditure is no more than 50,000 rubles, if you only have a passport. When filling out a permit for inspection by Rosfinmonitoring, the amount of the operation may be increased, but not more than 600,000 rubles per day. If the client has already withdrawn money from an account in another office within 24 hours, he is obliged to notify the bank about this. Attempts to withdraw money from a blocked card in the terminal will be unsuccessful, since the terminal will immediately capture it. If you need cash urgently, you can call the bank's support service and explain the reasons for your financial difficulties. In some cases, especially for VIP clients, the bank makes an exception and provides the opportunity to receive money in an emergency. Withdrawing money abroad for VIP clients If you have a privileged card, starting from the GOLD level, you can subscribe to the service of fast cash withdrawal abroad for a fee. The cost of emergency cash withdrawal abroad will cost 6,000 rubles.

What to do if the debt is paid off but the arrests are not lifted?

When the enforcement proceedings are closed, the regime of arrests of accounts and deductions ceases. Closing is associated with payment of the full value of the debt, taking into account the enforcement fee - seven percent of the collection amount. Sometimes situations happen when the debtor has paid off the entire debt, but the seizure of the salary card is not removed. In this case, you need to do the following:

• Prepare a complaint addressed to the senior bailiff of the district FSSP with a demand to understand the reasons for the inaction of the executor in the proceedings and leaving the arrest on the salary account. Attach documents confirming payment of the monetary claim in full to the application. Demand the return of the overcharged amount of money.
• Submit your application in person during the office hours of the senior bailiff, at the office, or send it by mail in a certified letter. When submitting in person, prepare two identical copies of the document so that one of them bears a receipt stamp.

The period for consideration of the complaint is 30 days. During this time, a decision is made on the validity of the stated claims. The citizen is prepared and sent a written response, in accordance with which the requirement for a full refund of the overpaid funds, a partial refund, or a refusal is satisfied if the collection is considered justified and the actions of the bailiffs are justified.

The period during which the refund is made depends on whether the money has time to leave the bailiffs’ deposit and arrive at the account of the claimant. In this case, the range of terms ranges from one working day to several months, since the procedure for returning from the creditor’s account is complex and lengthy.

Simultaneously with the return, the arrest is lifted and a decision is made to terminate enforcement proceedings. The corresponding decisions are sent to the bank or accounting department of the enterprise where the debtor performs his labor function.

In case of an unreasonable refusal or lack of response to a complaint, a citizen has the right to contact the prosecutor's office of the district where the collection is carried out and the judicial authorities.

How does an arrest happen?

When making arrests, bailiffs are required to act strictly in accordance with the law. If the card is blocked, the person is deprived of access to wages. Typically, a seizure involves the following actions:

1. The person to whom the citizen has a debt submits an application to the court. The authorized body considers the appeal, studies all the nuances of the current situation and the evidence presented. If there are sufficient reasons, a decision is made. The plaintiff's demands are satisfied.
2. The citizen is offered to voluntarily pay the debt. If a person does not perform the action, information about the debt along with the writ of execution is transferred to the bailiffs.
3. FSSP employees request information from the bank or other financial organizations about the debtor’s details. The company is obliged to transfer the requested information to the authority.
4. Bailiffs oblige the bank to seize the client's account and transfer funds to close the debt.

Info

The job of bailiffs is to enforce debt collection. In addition to seizing the card, the state gives the person a number of additional powers. Thus, representatives of the FSSP have the right to seize property to pay the debt and hold the defaulter accountable.

A person whose account has been seized and blocked can no longer make transactions with a bank card within the amount determined by the bailiffs.
You will not be able to use the terminal and withdraw funds, or make a transfer to another bank card. If the amount is more than needed to close the debt, the owner will be able to dispose of the remaining funds at his own discretion. However, practice shows that in the event of an arrest, a citizen is not able to perform any operations at all, regardless of the amount kept in the account.

How long should the arrests be lifted after the debt is paid?

The time for removing the burden depends on:

• time of receipt of the amount on deposit by the bailiff department;
• the speed of transferring the amount of money to the creditor’s account;
• the speed of receipt of the performance fee;
• further redirection of this amount to the budget.

Only after transferring the amount of the enforcement fee to the budgetary funds, the bailiff has the right to issue a resolution to terminate the enforcement proceedings and remove sanction restrictions from the account. From the moment these documents are received by the credit institution servicing the account or the employer, the seizure is lifted immediately and no further penalties are made. The debtor will receive official income in full.

What to do if the bailiffs made an arrest by mistake?

Situations like this are not uncommon. They are related to the peculiarities of identification of the debtor by employees. Main search criteria:

• Last name, first name and patronymic.
• Date of birth of the citizen.
• Place of birth.

The debtor's passport data, individual tax identifier (TIN), SNILS and other data specific to a specific person are not used. Because of this, the accounts of full namesakes are seized.

To correct the situation, it is worth preparing a written statement about the mistake made and submitting it through the FSSP office or to the bailiff in person. It is recommended to send copies of the application to the main department of the city or region and the Central Division.

This application is subject to verification, which includes comparing the basic identification data of the applicant with the data of the debtor.

Funds written off by mistake are returned to the applicant’s account in accordance with the general procedure, the period of which depends on whether the bailiffs managed to transfer the money from their deposit to the account of the claimant.

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We remove the seizure of a salary card

Of course, restrictions on spending your own funds bring unpleasant emotions. Still, it’s better to pull yourself together and start acting.

1. Find out from the financial institution information about the seizures imposed.

The most convenient way to check information is in Online Banking. Sberbank card holders can go to the application or web version, open a card marked arrest or blocking. Next, you need to click the executive documents button and familiarize yourself with the information that opens. You can also personally contact the bank for advice.

2. Obtain an extended statement from a financial institution

At the request of the client, they are required to issue a document stating what date, by whom and on what basis the actions were performed. This certificate will be needed to prepare a complaint against the work of the bailiffs.

3. Get a certificate from your place of work

The document will confirm that the account is indeed intended for payroll.

4. Write a complaint to the bailiffs

Conventionally, the document can be divided into three parts. The “header” indicates the recipient of the complaint, full name, telephone number, and address of the applicant. The narrative indicates when and under what circumstances the violation occurred.

Next comes the petition part, which indicates a request to remove the arrest from the card. In the application, be sure to make a note about the presence of the application, and support it with a bank statement and a certificate of account assignment.