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Can bailiffs describe the property

Can bailiffs describe the property

Bailiffs describe the property of the debtor may at any stage of the enforcement proceedings until full repayment of the debt.

This measure is carried out during the arrest the debtor's property, which is used as a way to enforce the judgment.


In carrying out enforcement proceedingsbailiffs have a wide range of powers, which is included among the inventory of the debtor's property. This measure is carried out in the framework of the seizure of said property for the actual execution of the judgment at the expense of such property. The right to describe the property occurs in the bailiffs on the basis of Article 80 of the Federal Law "On Enforcement Proceedings". This article points out that the decision on seizure of property may be taken by the bailiff alone, implemented on the basis of a corresponding application the claimant.

What Bailiffs describe the property?

The seizure of property in the practice ofthe decision to arrest the property is carried out in order to prevent illegal actions of the debtor, aimed at concealing or sale of these assets. That is why immediately after the preparation of an inventory of the bailiff decides to impose specific restrictions. In particular, it may prohibit mange the property, use it. If there is need, even the bailiff has the right to withdraw the property described in the framework of the enforcement proceedings. Specific measures must be indicated according to an official in the special resolution of the seizure.

How to obtain an inventory of the debtor's property?

The law "On Enforcement Proceedings"It establishes a number of specific requirements that must be met inventory of the debtor's property. In particular, the bailiff shall describe the property before the arrest, bring witnesses, who must be present during the preparation of this document to assure its accuracy of their own signatures. In most inventory lists the persons who were present when compiling the described property, its preliminary cost imposed restrictions. After that compiled the document signed by the bailiff, witnesses and other persons present in the preparation of the inventory. In some cases, the described property is transferred under the protection of third parties, as well as made a special mark in the act. Decorated inventory together with the decision on seizure is sent to participants of enforcement proceedings, including the debtor, the creditor or other persons.

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