How do I remove an arrest from a car?
If we are talking about removing the arrest from the property, the main role in this is played by the resumption of the court case, by the decision of which or in connection with which this very arrest was imposed. Any citizen of Ukraine may need to address such issues, since it is impossible to be one hundred percent insured.
Unfortunately, there is a misconception that property can only be seized from people who are debtors, which is fundamentally not true. Such difficulties can be encountered when inheriting property, under a contract for life maintenance, in connection with a purchase and sale transaction, etc.But first of all, such a development of the situation should be feared by those who have already lost the court, and its decision was put into effect by the state executor.
What services do we provide?
With our lawyers, you can count on:
- removal of arrest from movable / immovable property;
- removal of arrest from property in a criminal case;
- removal of seizure from the debtor’s property;
- preparation and submission of the relevant application to the court;
- assistance in the seizure of the property (if there is such a need).
Kasyanenko & Partners Law Company is ready to provide customers with quality assistance in solving problematic issues of the debtors.
How to remove an arrest from a car?
It is possible to remove the arrest from the car only by the appropriate decision of the court. If we are talking about criminal records, then the court must submit the appropriate package of documents that would confirm the absence of the need for seizure and contain the reasons why the car must be returned to its owner.
If a civil case is being considered, the package of documents for filing with the court includes an application for the cancellation of the previously imposed arrest, proof that the owner of the vehicle was compensated for all the damage and, as a result, there is no longer a need to extend the measures under the previous court decision.
What are the procedures for removing the seizure of property imposed by various authorities?
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Procedure for removing the arrest from the apartment imposed following the court decision
How to remove the arrest?
Procedure for removal of the arrest imposed by a court decision occurs according to 158 SPC of Ukraine. To achieve a positive decision in court is possible only after filing an application, which will be justified by the absence of the need for arrest or change of circumstances in the case.
Property can be arrested and within the criminal process., in this case, it is necessary to apply to the investigating judge or the court. In the first case, the case has not yet been completed and is under pre-trial investigation, in the second-when the judicial proceedings have already been opened. It is necessary to make the statement according to Art. 174 of the criminal procedure code of Ukraine.
If you have such a situation, the lawyers and attorneys of Kasyanenko & Partners Law Company are ready to help you, using many years of experience in solving such difficulties. We will provide you not only with high-quality legal support, but also help to achieve a positive decision on the abolition of the seizure of property.
How to remove the arrest from the property, which was imposed by the state executor?
The removal of the arrest, in this case, occurs if:
- The state Executive body shall take the appropriate decision;
- The state Executive body shall decide on the removal of the arrest from the property after the completion of the enforcement proceedings (under article 40 of the law);
- Violations are revealed at the seizure of property, the decision, in this case, is made by the Head of the Department of State Executive body;
- It was decided that the seized property could not be sold because of its unfitness, unprofitability, etc.;
- You do not agree with the decision of the state Executive, it can be appealed through the court;
- a person who owns the property, but who is not a debtor, filed a lawsuit in court.
It is recommended to act, in this case, as follows:
- contact the notary and get from him a document from the unified register, which will indicate the reasons for the seizure of property;
- contact the Executive service and get a written refusal from them, which is most often associated with the fact that the documents are not stored in their more than three years;
- make up and file a lawsuit.
How to remove the arrest from the property, if it was imposed by a notary?
The notary has the right to seize the property. And this happens in different cases, the most common of which are: proof of inheritance, a contract of lifelong maintenance or mortgage agreement. After the mortgage agreement expires, the notary will remove the arrest from the property. This will happen only when the lender or the lender and the borrower together will apply to him with the appropriate application.
If the lender applies himself, it must provide evidence that the borrower has fulfilled all of its contractual obligations. The borrower under the mortgage agreement can also transfer funds to the notary’s Deposit following their debt obligations. This is necessary if the lender refuses to accept the performance of obligations from the borrower.
In the case of hereditary cases, when the person transferring the property dies, the notary can remove the arrest from the property, but only if the receiving party applies to him with an application.
Seizure of property in Ukraine
Kasyanenko & Partners Law Company specialists will help you to remove the arrest imposed on real estate or any other property in the shortest possible time.
Such a measure as the seizure of property (including housing) is a warning and is used by the state Executive service to ensure that the property could not be alienated. It also ensures that the debtor fulfills its credit obligations to the financial institution that issued the loan.
The removal of the seizure of property is the process of using legal methods, the main purpose of which is to obtain documents confirming the fact of removal of the arrest. To such kind of documents that can belong to the corresponding decision of judicial instance, the resolution was taken out by the state executor, the extract from the state register that property is not arrested.
As the practice of Kasyanenko & Partners Law Company for the protection of clients in this area shows, the process of seizure of property always requires a thorough and comprehensive approach to the analysis of existing documents. These include both court papers and documents describing the activities of the Executive service. Only after such an analysis can you choose the right way and arguments to achieve this goal. Such complexity and legal entanglement are quite capable of putting inexperienced lawyers in a dead end. That is why it is important from the very beginning to work only with qualified specialists of Kasyanenko & Partners Law Company, who have considerable experience in this right niche and can quickly and efficiently cope with the client’s problem situation.
It is important to note that the seizure involves not only ensuring the performance of credit obligations, but also the inability to dispose of it. The property may be described, seized and transferred to third parties for safekeeping.
Process of removal of arrest from the car
If there is a need to remove the arrest from the car, it can be done only by obtaining the appropriate court decision. In the case when the issue of removal of arrest is connected with criminal investigation, it is necessary to submit to the court an application for the need to resolve this issue, as well as documents that would confirm that the conditions and reasons, for which the arrest was imposed, are no longer valid and have lost their influence. When the question relates to civil proceedings in addition to the statement submit, you must also papers which would prove the fact of damages the owner and the lack of further need for the measure of caution.
Removal of seizure from property and prohibition of its alienation: for the point of view of the subject who used this measure
Removal of the arrest from the apartment imposed by the decision of the judicial body
Removal of arrest from the property which was imposed by a court decision to ensure the claim is subject to regulation according to Article 158 of the Civil Procedure Code of Ukraine. To achieve a positive result in your case, it is necessary to prove in the courtroom that there is no need to arrest the property, a change in the circumstances in connection with which this measure was applied, a change in the General situation in the case, etc.
There are situations when the seizure of property is imposed on criminal proceedings. In this case, the investigating judge imposes an arrest in the presence of an agreed request of the investigator and the Prosecutor (or only the Prosecutor), and the plaintiff in the case. Submission of the petition for cancellation of arrest is carried out according to at what stage there is a case: to the investigating judge if there is a place to be an only pre-judicial investigation; in court, if judicial production already entered the business. The petition must be drawn up and filed based on Article 174 of the Criminal Procedure Code of Ukraine.
If you need to remove the arrest from the apartment imposed by the court-ask for quality legal assistance in Kasyanenko & Partners Law Company. Our specialists have the necessary experience to solve such problems. We will help you to make the right claim, select the necessary arguments and will be able to protect the interests in court while saving your money and time.
Removal of arrest from the property imposed by the decision of the state Executive service
If the arrest was imposed by the decision of the state Executive, then it can be removed:
Following the decision of the GIS:
- Article 40 of the law of Ukraine On enforcement proceedings indicates the fact that upon completion of enforcement proceedings, the grounds for further seizure of property and prohibition of its alienation disappear. The decision to withdraw the arrest, in this case, is made by the state Executive.
- If serious procedural violations on the part of the Executive body were revealed during the seizure of the property. The decision to cancel the arrest, in this case, is made by the head of the Executive service Department.
- Arrest from the property will be removed if this property will be impossible or inexpedient to realize (a condition of property, unprofitability, etc.). The decision to withdraw the arrest is made by the state Executive himself. This decision must be confirmed by the head of the Executive service Department.
In the above cases, the arrest of the property will be removed by the Executive service itself. If you are not satisfied with the actions (inaction) of the Executive body, it is necessary to file a suit in court, a complaint to the head of the Department or a higher Executive body. When it comes to seizure due to the presence of debts to the Bank, the debtor has the right to appeal against the actions of the contractor only in court.
By the decision of the judicial body
As the practice of Kasyanenko & Partners Law Company shows, situations when the owner unexpectedly learns that his property without any reasons was seized are not so rare.
In such a complex, from a legal point of view, the situation, it is necessary to act on the following algorithm:
- Contact the notary to obtain an extract from the register of property rights. In this statement, you will be able to find out according to what document your property was seized.
- Contact the GIS, a Department that made the arrest. The most common situation is when you get a written refusal of the Executive service, as all the materials they have destroyed at the end of the 3 years.
- Make up and file a lawsuit.
- After receiving the court decision, contact the Executive service Department with it and the accompanying documentation. It is best to do everything yourself, controlling the implementation of SIS their obligations.
Other legal aspects of the removal of the arrest, if the enforcement proceedings are in progress
For example, quite common are situations where the seizure of property is imposed because of the non-payment of alimony. If the debt is repaid, and the arrest is not removed, it is necessary to apply to the court, as this practice is a direct infringement of property rights.
Seizure of property by a notary
The current legislation of Ukraine assumes quite a significant number of cases when a notary has the right to impose a ban on alienation (arrest property) and make appropriate marks in the unified register of property rights. As an option, this can happen at the conclusion and certification of the transaction lifetime maintenance or inheritance process.
That is, based on each specific case, different subjects of legal relations can apply to the notary on the issues of removal of the arrest. As an example, if it is a question of performance of obligations under the pledge agreement, the notary will remove arrest from property only after the address of both parties (the pledgee and the pledger) or only the pledger if the last will provide necessary documentation which would confirm the fact of performance by the pledgee of the obligations.
Following article 537 of the Civil Code, for the debtor under the pledge agreement (a mortgage agreement), there are other options for removing the arrest from the property. Thus, the debtor can put the financial means intended for performance of contractual obligations, on the Deposit account of the notary. This is done if the debtor is not able to fulfill its obligations directly to the creditor, as he evades the recognition of the fact of the performance by the creditor of its contractual obligations.
As you know, the seizure of property should be considered as the most effective method to ensure the fulfillment of debt obligations. However, this method can deliver the owner of the property a huge number of problems, especially if the owner is not bound by any contractual obligations. Unfortunately, as practice shows, the points of the law that help to remove the arrest from the property, concerning the detection of violations of the contractor or the inexpediency of the sale of a property, are successfully applied very rarely. Most often, as a method of protecting their property rights, they used filing a lawsuit in court and appeal against the actions of the representative of GIS.
To achieve the desired result in court, it is necessary to have not only significant theoretical knowledge in this area of law but also to have accumulated years of practical experience. All this will help to understand exactly how to act in certain situations. It is also important to note that it is possible to appeal against the arrest imposed for ensuring the civil claim within 5 to 15 days from the moment of acquaintance with a copy of the judgment. In such cases, even people with legal education can be confused, not to mention ordinary citizens who are not connected with the law. To make a claim, to collect the necessary documents and evidence, a person without experience simply does not have enough time. That is why we strongly recommend that you contact Kasyanenko & Partners Law Company to avoid unpleasant consequences of seizure of property throughout Ukraine.
Our qualified specialists can efficiently and quickly:
- find the most effective method to remove the seizure of property;
- to issue and make procedural documentation on your case;
- to protect your interests in court, to represent your position in the Executive service, at the notary, etc
Unfortunately, it is impossible to say that in our country at all at least someone is insured against seizure of property. Anyone can find themselves in a similar position and not even suspect it. A large range of property can be seized. In most cases, this does not depend on the amount of debt owed to the Bank. And this is without taking into account the fact that the seizure of property can be imposed if a person does not have any debts at all.
In any case, you will have to defend your interests in the courtroom. Therefore, from the very beginning, contact an experienced lawyer, because of the efficiency of his actions, the correctness of the documents, representation in court and will depend on the result of your case.
Specialists of Kasyanenko & Partners Law Company can return your property rights in the shortest possible time, thereby freeing you from the difficulties of collecting documents, preparing a claim and litigation. We will help you to achieve the desired result.
How to remove the arrest? What is the seizure of property?
Seizure of property is a measure that can be used by a public or private contractor. This happens only after the decision of the court and following the current legislation of our country. Most often, such a measure is used as a way to prevent the alienation of property or to ensure the fulfillment of the debtor’s credit obligations to the Bank. If the situation is not in favor of the debtor, then such property can then be realized in payment of the debt. You can get information that this is the process of seizure of property, and in what cases it may be, on the advice of Kasyanenko & Partners Law Company lawyers.
Reasons for applying such a measure
The Ukrainian legislation clearly States what are the reasons for the seizure of property:
- If it is a question of civil office work: at non-payment of the alimony, at division by a married couple of jointly acquired property, collecting non-payment on credit obligations, compensation of losses to the injured party.
- If it is a question of economic activity, then arrest can be imposed on property of the enterprise which will be realized further for payment of debt obligations.
- If we are talking about criminal proceedings, the property on which the arrest is imposed, is considered as evidence in the case, which is necessary to ensure further safety. The law also provides for full confiscation of property as punishment for crimes committed. At the same time, the arrest imposed on the property serves as a measure of ensuring the provision of compensation funds to the injured party.
Once the property is seized, the owner will lose the right to dispose of and / or use the property. In case of non-compliance by the owner of these conditions, he will face administrative punishment and fines.
Objects and objects that can be seized
To them belong:
- Any real estate, even that which was inherited or received upon donation.
- Movable property, for example, a car.
- Precious metals and jewelry, as an exception, i.e. those that were received as a prize or reward.
- Financial assets in any currency, non-cash funds.
- Household items and headset.
- Securities, investment securities.
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This list is not complete, as other property may be seized, depending on the circumstances of the case. Only personal items cannot be seized. But there is an exception, in this case, – expensive fur products.
Specialists of Kasyanenko & Partners Law Company are ready to provide you with comprehensive advice on issues related to the arrest of property and features of its removal, and further qualified assistance to solve this problem.
If your property has been seized, the information about it you can find in the public domain in the Register of property rights. But before you take advantage of this opportunity, you need to register in the so-called Office of electronic services.
The process of removing the seizure of property: how does it happen?
To get an answer to this question, it is necessary to find out who was seized, and on what basis it was done. Only after comprehensive legal analysis of the documentation, it is possible to formulate a legal position and choose the most effective methods of arrest removal.
If the arrest procedure was carried out in violation of the current legislation, the actions of the Executive body/executor can be appealed to the court or by filing a complaint against the chief of the Executive service.
Other cases involve only recourse to the courts. With a claim to the court can apply:
A debtor whose property has been seized.
The new owner of the property that was seized.
To do this, the claim must be drawn up following the current rules.
Who can initiate the removal of the arrest?
It should be understood that there is no universal recipe for the removal of seizure from property, as each individual case requires a comprehensive legal analysis. Sometimes you don’t even have to go to court to get the arrest lifted.
From-under arrest property can release:
The Executive body itself after the completion of the Executive office work. The reason for the removal of the arrest from the property may also be the impossibility of its further implementation.
Head of the Executive service in the presence of significant procedural violations in the imposition of arrest.
Only the claimant and the third person who are directly related to this Executive record-keeping have the right to appeal against the seizure of property from the chief of the Executive service. The debtor may appeal against the seizure of his property only in the courtroom.
How to avoid seizure of property?
In our country, many citizens are often victims of the lack of even minimal knowledge in the legal field. Moreover, few people know that the seizure of property can be completely legal, if you make a statement of claim or initiate a process of appeal against the actions of a public or private contractor and do not miss all the deadlines. With the right approach, it is possible to achieve not only the removal of the arrest from the property, but also the postponement of the judgment or payments on the writ of execution.
You can learn about methods of removal of arrest from property at lawyers and Kasyanenko & Partners Law Company who are always ready to help clients to return their property rights and to achieve the most favorable solution to a problem situation.