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CAN Bailiffs Describe Property

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Court bailiffs can describe the property of the debtor at any stage of the enforcement proceedings until the debt is fully repaid.

The specified measure is carried out at arrest of property of the debtor which is applied as a way of maintenance of execution of the decision of court.


When implementing enforcement proceedingsBailiffs have a wide range of powers, including the inventory of the debtor's property. This measure is implemented as part of the implementation of the arrest of this property to ensure the actual execution of the decision at the expense of such property. The right to describe property arises from bailiffs on the basis of Article 80 of the Federal Law "On Enforcement Proceedings". This article indicates that the decision to arrest the property can be taken by the bailiff independently, be implemented on the basis of a relevant application of the recoverer.

Why do bailiffs describe property?

Inventory of property in practical implementationDecisions on the seizure of property are carried out with a view to preventing illegal actions of the debtor aimed at concealing or selling these assets. That is why right after the inventory is drawn up, the bailiff makes a decision to impose specific restrictions. In particular, he may prohibit the disposal of the described property, use it. If necessary, the bailiff may even withdraw the described property in the framework of the enforcement proceedings. Specific measures are necessarily indicated by this official in a special resolution on the imposition of arrest.

How is the list of the debtor's property drawn up?

The law "On Enforcement Proceedings"Establishes a number of special requirements, which must correspond to the inventory of the debtor's property. In particular, the bailiff is required to describe the property before arrest, to involve witnesses who must be present when drafting this document, to verify its authenticity with its own signatures. In the inventory itself are listed the persons who were present at its drawing up, the described property, its provisional value, imposed restrictions. After that, the document drawn up is signed by the bailiff himself, understood, by other persons present at the time of drawing up the inventory. In some cases, the property described is transferred to the protection of third parties, which is also made a special note in the act. The issued inventory together with the decision on the imposition of arrest is sent to participants in the enforcement proceedings, including the debtor, the recoverer, and other persons.

CAN Bailiffs Describe Property Was last modified: May 21st, 2017 By Sexzeilt
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