Problem

Hello!

I am a debtor in a claim from an individual. In accordance with the resolution of the bailiffs, 50% of my salary at the place of work is deducted. I received the remaining 50% of my salary on a salary card at VTB24. The bailiffs blocked this salary card of mine, although I brought them certificates from the bank and from work stating that this card was issued as part of a salary project and my salary was transferred to it. As a result, my 50% of my salary for three months hung on this card. What can be done? The bailiff says that only through the court.

Solution

Hello,

As I understand it, the deduction of this same 50% of the salary to pay off the debt is made by the accounting department of your organization. What is written in the executive document regarding the calculation procedure? How long has it been collecting?

According to Federal Law No. 229-FZ "On Enforcement Proceedings", enforcement proceedings for the collection of any debt by a court decision are carried out only on the basis of an executive document, which includes a writ of execution or a court order issued by the court. If there is a debt, by a court decision, the bailiff has the right (obligation) to send the debtor a copy of the Resolution to initiate enforcement proceedings and offer him to repay the debt within up to 5 days. If the debtor does not do this, then the bailiff (one bailiff is involved in specific enforcement proceedings) has the right to seize the debtor’s bank accounts.

If the debtorpay off the debt or does not agree with this action of the bailiff, he has the right to appeal this arrest in court.

You also have the right to file a complaint against the actions of bailiffs addressed to the chief bailiff of the Subject of the Russian Federation, then to the prosecutor's office and the court (or better yet, to all authorities at once, there is no point in separately).

To obtain information, you can try to write something like this to the senior bailiff: according to the writ of execution No. such and such. On such and such a date such and such proceedings were initiated. Every month, 50% is deducted from my salary at work to pay off this debt. I receive the remaining 50% of my salary on a salary card at VTB24. I have no other sources of income, payments are made exactly on time, without delays.

However, on such and such a date my bank account, where the remaining 50% of my salary is transferred, was seized by a bailiff. Please provide information on how and on what basis my bank account was seized.

Article 122. Deadlines for filing a complaint

A complaint against a decision of an official of the bailiff service regarding his actions (inaction) is filed within ten days from the date the bailiff or other official issued a decision, performed an action, established the fact of his inaction or refused to challenge. A person who was not notified of the time and place of action shall file a complaint within ten days from the day when this person learned or should have known about the adoption of a decision or the commission of actions (inaction).

Solution

Hello, Alexander!

According to Art. 138 of the Labor Code of the Russian Federation, the total amount of all deductions for each payment of wages cannot exceed 20 percent, and in cases provided for by federal laws - 50 percent of wages due to the employee. When deducting from wages under several executive documents, the employee must retain 50% of the wages.

Thus, they do not have the right to withhold all your wages in enforcement proceedings.

You can apply to the court to challenge the illegal actions of bailiffs. Your application must be reviewed within 10 days. In addition, you can submit complaints to the prosecutor's office or to a higher authority of the Federal Bailiff Service.

Bank cards are the most popular type of financial management among residents of all countries, therefore such items are considered important material assets that can become the object of seizure in the process of fulfilling enforcement obligations in enforcement proceedings. Sberbank cards are in demand, and are often subject to blocking by bailiffs.

If bailiffs blocked a Sberbank card, what to do Not everyone knows how to successfully resolve such a situation. Initially, it is worth finding out the real reason for blocking the credit card, which organization initiated this procedure and further prospects for the arrest. Most often, bank employees can block an account after receiving an official court order or a decision of the bailiffs. A credit card can be blocked if the following circumstances arise:

1. The bank client has an outstanding loan;
2. The card is blocked when a loan with an overdue debt repayment period is detected;
3. Lack of payment of utility bills;
4. Availability of various fines;
5. Other debt obligations.

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Actions of clients in case of blocking of a bank card by bailiffs

If the reason for blocking a personal or credit card is the actions of bailiffs, then bank clients should take care to eliminate the circumstances that became decisive in the seizure process. It is important to remember that when withdrawing funds from bank credit cards, debits are made from ruble accounts, then from foreign currency accounts. Violation of this procedure is illegal and is grounds for going to court.

Before writing off money, the bailiff must indicate the details of the account from which the funds will be withdrawn. Financial legislation establishes rules according to which executive services have the right to withdraw only a certain portion of funds. Accordingly, as a result of the arrest, only 50% of the total amount will be withdrawn, but if the case concerns alimony, then finances within 70% of the total balance in the account can be withdrawn.

To successfully resolve the situation related to card blocking, it is worth negotiating with employees of the bailiff service. To do this, it is necessary to accurately determine the reason for the arrest. If the object of blocking is a credit card on which salaries or social benefits are credited, you must immediately draw up an application requesting unblocking. As a result of negotiations, the procedure for repaying debts will be determined, as a result of which all obligations will be fulfilled over time.

In some cases, bailiffs refuse to accept the terms of bank clients, so employees of government or commercial organizations have the right to contact their employer to change their payment terms. After this, wages will be paid in cash. However, receiving accruals in cash does not exempt you from paying debts.

The most effective and efficient way to resolve this situation, which will help you quickly unblock a bank card and fulfill all the requirements of enforcement proceedings, is the full repayment of debt obligations. In this case, after submitting and checking the executive documentation on the results of the proceedings, the banking institution is obliged to completely unblock the credit card within ten days from the date of its official arrest.

The procedure for unlocking a Sberbank card

When bailiffs blocked a bank card, what to do Only an experienced lawyer will advise you, since attempts to independently lift the arrest through VTB 24 may be ineffective or lead to more unfavorable consequences. Every banking client probably doesn’t know what to do and what actions to take to unblock a Sberbank credit card. Therefore, it is important not to panic and, after discovering the fact of blocking, immediately contact the 24-hour support service to clarify the specific reason and circumstances of the arrest. If the fact of credit card seizure is confirmed, bank clients should perform the following algorithm of actions:

1. Visit to the bailiff service subject to prior appointment;
2. Collection of documentation that states the reasons and circumstances of the seizure of the client’s bank credit cards;
3. A detailed study of all the circumstances of the case, which will determine the legality of such a course of fulfillment of enforcement requirements;
4. Drawing up a corresponding application indicating the fact of crediting wages or social benefits to the card.

After receiving this application on behalf of the debtor, the bailiff must decide whether to lift or continue the arrest. In some cases, a decree is also issued to transfer a certain part of the credits towards debt obligations. After the resolution is issued, the information is provided to banking institutions, as a result of which the client will have the opportunity to repay debt obligations and receive personal funds on bank cards.

If bailiffs fulfill their obligations improperly or violate the law, bank clients have the opportunity to contact the judicial authorities or the prosecutor's office with a corresponding complaint. This document must be reviewed by authorized employees within thirty days, after which a reasoned response is issued. If there are no desired results after cooperation with bailiffs, you should contact lawyers who will help you plan the correct and effective strategy of action.

Your salary card was unexpectedly blocked? One of the reasons may be the seizure of the card by the bailiffs. Bailiffs often block debtors' salary cards. From the article you will find out whether bailiffs have the right to block cards to which earned funds are received. And also about what to do if your salary account is frozen.

Why did the bailiffs block the salary card?

The account into which wages are received can be seized by bailiffs if a debt arises. This, in turn, includes:

• non-payment of utility bills;
• overdue child support debt;

When enforcement proceedings are initiated, the bailiffs begin to consider the defaulter’s property, which can be used to pay off the debt. This also applies to funds placed on deposits and accounts. Bailiffs begin to search for the debtor's accounts, sending relevant requests to the banks of which he is a client. If there is an account with any credit institution, the bank reports only the account number. That is, the bailiffs do not receive information about which account is opened with the defaulter - a regular bank account, a credit account or a salary account. That is why people are so often arrested, although according to the law bailiffs do not have the right to do so.

No one, including bailiffs, has the right to block the account to which the employer transfers wages to the employee. Seizure of salary cards is most often just a mistake by bailiffs. Bailiffs often confuse the debtor's regular payment card with the one to which the salary is received. But it is prohibited by law. The bailiff has no right:

• block a salary card;
• confiscate the card on which the defaulter receives his salary;
• carry out other actions with this financial instrument.

Bailiffs can seize the account into which wages are received, or the funds themselves. But they have no right to block the card where the earned money is stored. The law only allows a certain amount of money to be withheld from the debtor’s salary. In this case, the maximum amount of arrest cannot be more than 50% of the defaulter’s monthly income.

What to do if bailiffs have blocked a salary card

If bailiffs have seized a salary card, then to solve the problem you should do the following:

1. Take a certificate from work about the amount of your monthly salary, as well as that the salary is received on a card that is blocked.
2. Write a complaint to the bailiff who seized the card, providing the above certificates.
3. If the bailiff does not respond to the complaint and does nothing, then you should contact the OSP of the Federal Bailiff Service at your place of residence. The application should be submitted to the senior bailiff for the region.

After receiving documents that confirm that the seized card is not an ordinary debit card, but a salary card, the bailiff must lift the seizure. It is worth noting that the debtor can send an application to the OSP UFSSP by registered mail with notification.

Blocking salary cards by domestic financial institutions has become a fairly common practice. In most cases, banks position such a decision as the need to cover financial debts to organizations from the salary account. One of the most common organizations - Sberbank - is also no exception. Can Sberbank block a salary card due to a loan?

Possible actions

Obtaining a loan from Sberbank is always a more accessible, faster and cheaper procedure for participants in salary projects of the same organization. Such a loyal attitude is quite justified: in case of non-payment of debt obligations, the client’s salary funds will remain in the financial institution . In this case, the debit salary account plays the role of collateral.

Thus, if a bank client is late in paying a loan debt, then Sberbank has the right to:

• Pay off the debt by writing off wages;
• Block the card account for withdrawal.

The basis for such actions is the agreement concluded between the client and the bank at the time of receiving the loan. However, even if the terms of the loan agreement contain such a clause, any financial organization is obliged to notify the client in advance about the forced implementation of such measures as blocking a salary card or writing off a certain amount from it.

Legal basis

From a legal point of view, does Sberbank have the right to carry out such manipulations with client funds that are its property?

When considering this issue, the following nuances must be taken into account:

1. A banking institution has the right to block a Sberbank card and also make other manipulations with a client’s salary account solely based on a court decision regarding a specific borrower. Thus, if a delay occurs, the organization must file a claim with the court, wait for a court decision, and also obtain an order from the bailiff;
2. Compliance with the first point does not give the bank the right to deduct more than 50% of the credited income from the cardholder’s salary account;
3. Only bailiffs have the right to make a decision to seize a salary account or write off part of the amount from it. The bank does not have the right to independently take such measures to repay the debt.

The bank cannot withhold the client’s salary without a court decision and the amount of such amount cannot exceed 50%, otherwise the client may challenge the actions of the financial organization in court. In this case, creditors will be held administratively liable.

The cardholder has the right to seek unblocking of the account, return of withheld funds, as well as compensation for moral damages if the bank has violated one of the listed points. The amount of compensation is determined by the court.

Causes

Among the most common debts, with subsequent measures taken by Sberbank to block a salary card or deduct funds from it, may be:

• Unpaid or overdue loan;
• Traffic police fines;
• Failure to pay utility bills;
• Other debts, fines.

If restrictions are imposed on withdrawals, wages will continue to be credited to the client’s account. Topping up the card is not limited to the owner. Such procedures can only be carried out at Sberbank cash desks.

Can another bank block a Sberbank card?

Blocking of salary accounts is possible if there is a decision of the bailiff. If a Sberbank client has overdue debt obligations to another bank, the financial institution must independently contact the legal authorities with a request to seize the client’s card and deposit accounts. With the arrival of the corresponding resolution, Sberbank is obliged to block the debtor’s cards.

Similarly, Sberbank can facilitate the blocking of client accounts in other financial organizations.

Need to know

It is important to remember: after making the last payment on the loan, it is necessary to double-check the credit account to ensure that there are no even small amounts of debt, for example, kopecks. It is better if the card is verified by the client a week or two after the loan is fully repaid.

The basis for such precautions is the process of calculating interest on the use of credit funds. Information regarding such charges may be out of date at the time the final payment is made. Its updates will be available in a few days.

Thus, in the account of a client who believes that he has already fully repaid the loan, there may be insignificant amounts of debt remaining. Over time, these amounts accumulate in fines and penalties. Often, a financial institution user is unaware of the existence of a debt until problems arise.

Unlock procedure

Only a bailiff has the right to make a decision on lifting restrictions on a blocked Sberbank salary account. To do this, the debtor is required to present to the department employee a certificate from the place of work with information on the actual accrual of wages to the account.

In addition, you must fill out an application containing the following information:

• Name of the bailiff service, address of the organization;
• Full name of the employee handling the debtor's case;
• FULL NAME. client of a financial institution, registration address;
• Name of the banking organization;
• Number of the court decision that is the basis for the seizure of the account;
• Full number of the blocked card.

How to speed up the process

There are cases when making a decision to unblock an account is delayed by the bailiff service. In this case, the client has the right to complain to the relevant legal authorities:

• Court located at the place of residence;
• District prosecutor's office.

The client makes a complaint application in any form. The document must be submitted to the office of a government agency. This can be done in person or by registered mail. It is known that the seizure of an account, as well as its unblocking, is carried out by the organization within one day from the moment of presentation of the court decision. Thus, provided that the instructions are followed exactly, the client can quickly gain access to blocked funds.

To prevent arrest

Force majeure circumstances can happen to any client. However, there are ways to avoid blocking your salary account even if you have a credit debt. Some recommendations:

• During the court hearing on the debt, propose to the bailiff service to transmit to the accounting department of the client’s place of work a request for monthly transfers of part of the client’s salary directly to the debt account;
• Pay off debt on loans with existing property;
• Insist on reviewing the payment schedule or terms of the contract. This will eliminate the need to block your salary account.

Salary is the totality of funds required to ensure a person’s life. For this reason, legislation protects clients from complete blocking of their salary account if they have a credit debt.

Sberbank cards are very popular now. Almost every resident of Russia uses them. However, trouble may happen to them - they may be blocked. In this case, anyone may immediately have the thought: “The bailiffs blocked the Sberbank card, what should I do?”

First, let's look at why the card might have been blocked. One option is that the client blocked it independently or with the help of bank employees. Sometimes this is required in order to protect yourself from loss of money from the card for some reason. The card can be blocked via SMS, call center or bank branch. In this case, it can be unblocked by contacting the bank.

Also, if there are not enough funds in the account to pay for the annual or monthly maintenance of the card, it may be blocked. If you forget your card PIN and enter it incorrectly 3 times into the ATM, it will also be blocked. This is done to protect your card from fraudsters.

The most difficult case is . It may be blocked if there are any debts. This could include unpaid taxes, loans and other debts.

The card is also blocked if you forget it at an ATM or at a cash register. This is done by employees in accordance with the bank's rules.

If bailiffs have blocked a Sberbank card, what should the owner do?

If it was the bailiffs who blocked your card, then you should first eliminate the reason why this happened. Money is always debited first from an account in rubles, and then from an account in another currency. If the opposite happened, this is already a violation.

Before making a write-off, the bailiff must specify from which account the write-off will occur first. There are rules according to which bailiffs can only write off a certain amount. It should be no more than 50% of the account balance. If the case is related to alimony, then bailiffs have the right to write off 70%.

If you are not sure of the competence of bailiffs, then you can contact a lawyer for help. Your situation will be reviewed by a qualified lawyer, and you will be provided with assistance and advice on what to do in this case, and will also be helped to correctly prepare all the documents.

You can start negotiating with bailiffs on your own. First of all, you need to understand the exact reason for blocking the card. If so, then you should write a statement to the bailiffs in order to unblock it. Most often this happens in the near future. The only thing is that 50% of your salary will be automatically debited every month. Thus, the debt will be repaid over time.

But it also happens that bailiffs do not meet you halfway. Then, one option is to contact your employer. Try to negotiate with him so that he gives you all your wages. Your card will remain blocked. But you will still have to pay off the debt.

The easiest and most effective way is to pay off the debt immediately. In this case, the card will be unblocked within 10 days.

How to lift the arrest if the bailiffs blocked the Sberbank card?

In order for the blocking to be lifted, the bailiff must make a decision about it. He is the one who deals with all the affairs, so the bank will not be able to help with this. If you notice violations or are not satisfied with the work of bailiffs, you can safely contact the court or the prosecutor’s office. You can file a complaint there. It will be reviewed no later than 30 days. After this you will receive an answer.

If you have any further questions, you can contact a lawyer through our website. He is ready to provide you with answers to absolutely all questions. He will also be able to advise you on what to do if the bailiffs have withdrawn more money than they should. A lawyer will be able to explain any controversial situation to you.