The arrest can be imposed on the property only inThe course of the case and the execution of the judicial decision, after which the debtor can not sell the property or lay it down. In case this is a car, the debtor has no right to travel abroad.
After the case is closed, the debtor has to withdraw the arrest himself, since no one else can do it.
You will need
- The demand for the removal of arrest, the court's decision
After all the turmoil, when a court decision was pronounced,It remains to remove the arrest from the property. First of all, you should apply to the court where the case was heard and file a demand for lifting the arrest in the name of the judge who dealt with this matter. The judge will appoint a meeting on a certain date, the demand will be considered irrespective of whether the remaining participants in the case are present. After the consideration of the claim, a judicial decision is made to annul the arrest. If the other participants in the case do not agree with the decision of the court, they can appeal to the appellate court. After the court decision is issued, a writ of execution is drawn up for the lifting of the arrest and transferred to the district executive service.
In the event that, after reviewing the claim, the judgeMade a decision not to remove the arrest from property, to file claims to the higher courts is useless. Most likely, the debtor is not satisfied with all the requirements of interim measures. If the arrest is imposed in the course of a criminal case by an investigator or a court to ensure the execution of a sentence, the authority that is currently considering the case can overrule this decision.
If the debtor does not have other means forRepayment of the debt, then his property according to the inventory will be realized within two months. For the bidding there are specialized organizations. Often all property from the auction is sold at too low prices, it would be more profitable to independently sell part of the property in order to pay off debts. In this case, the debtor has more chances to pay off debts more quickly, rather than paying off all his life.