List of which banks cooperate with bailiffs. Which banks do bailiffs cooperate with and which ones do not?

The execution of a court decision first provides for a notification procedure, notifying the citizen of the need to repay the debt, and then a forced procedure if the person refuses to pay the required amount within the allotted time.

The procedure for the bailiff's actions is quite standard and is prescribed in the current legislation. First of all, seizure is imposed on bank accounts. Moreover, funds are equally debited from accounts in rubles or in foreign currency. Some citizens, knowing that they have a debt, try to avoid such a measure of influence and are interested in the question of which banks do not cooperate with bailiffs in 2019. Today we will try to give a clear answer and explain the situation with the arrest of accounts.

The answer to this question lies in the provisions of Russian legislation. According to the law, in response to any request received from a government agency, a bank or other organization is required to provide complete information about the debtor, indicating the following information:

about whether the debtor has accounts and the amounts on these accounts in rubles and foreign currency;
on the storage of any other valuables, for example, deposits.

Banks are given about seven days to complete this action. In this case, the financial institution is obliged to draw up an appropriate document and send it to the address of the request. Some banks do not provide data to bailiffs. In case of refusal to perform such an action, a serious fine is imposed on the banking institution. In connection with all of the above, we can conclude that it is quite easy to obtain information about which banks do not transfer information to bailiffs, if you focus on the number of penalties that were applied to banks in this regard.

How to find out which banks do not cooperate with bailiffs?

By law, every bank is required to provide information to bailiffs. Therefore, we can say with confidence that when such a request is received, a large bank that has a certain reputation in the lending market will definitely provide the necessary information, which will subsequently lead to seizure. It is important to note that bailiffs can send requests not only to commercial, but also to government agencies.

Even if the bailiffs do not send official requests to the bank about whether a citizen has valid accounts, information of this kind is stored at the tax office. At the FMS you can find out about all financial and credit institutions that work with bailiffs. Taking into account such circumstances, the best chance of hiding your savings from bailiffs is to open accounts in the following institutions:

small commercial establishments, since requests are sent to large and government organizations first of all;
electronic payment systems, since online wallets are very difficult to track. In fact, at the end of 2017, more than 100 banking and credit organizations had already signed a corresponding agreement on full document flow in the FSSP. The list of such companies is expanding almost daily.

A citizen can try to determine which specific banks bailiffs most often work with and where they send requests first. Such institutions include Sberbank, VTB24, Gazprobank. Another significant point is that only an organization that has the right to do so can exercise the right to collect debt from the debtor’s account. To do this, you will need to enter a special register created by employees of the Federal Bailiff Service.

From what accounts can money not be written off by bailiffs?

Within the scope of Art. 70 and 81 Federal Law No. 229 of October 2, 2007, restrictions are established in relation to some cash savings of citizens. That is, collection on these funds cannot be made. We are talking about the following means:

savings in foreign currency, provided that ruble savings are sufficient to pay debts and satisfy claims;
money in the referendum fund accounts;
funds in a special election account.

The listed rules were introduced only in the spring of 2016 after amendments were made to the basic law.

What to do if your account is frozen?

Even if restrictions have been imposed on the account, it is worth first inquiring about the current situation and then acting in accordance with the available information. If there is a disagreement with the amount or other points, the citizen can file a claim in court.

The process can be easily won if the bailiff violated the law or the evidence presented by the applicant is sufficient to lift the arrest. 10 days are allotted for making such a decision, and then another 10 days for direct removal of the encumbrance.

Conclusion

Each bank is required to provide bailiffs with information regarding the availability of accounts and funds on them in relation to a certain civilian or company. This is necessary so that service employees can impose a penalty and receive from the debtor the funds that he is obliged to pay by law. If the law is violated, a fine is imposed on the bank.

We were faced with the collection of such fines by bailiffs on the accounts of drivers and the bank cards associated with these accounts. But how legal is it for bailiffs to write off fines from a card, which banks do not write them off, and which are at risk for the driver, how does the process of such writing off work? Let's find out about this in questions and answers.

When does the fine go to the bailiff?

By law, almost all fines are subject to the following terms:

10 days to appeal,
another 60 days for payment.

Thus, you are required to pay the fine within 70 days after receiving a copy of the decision in hand or by mail, unless you appeal it. If you contest, the period is extended until the decision of the person considering such a complaint comes into force.

And after these 70 days, if you have not paid the fine, then it may go to the bailiffs. In practice it goes away much later.

What's going on with the bailiffs?

The bailiff offers to voluntarily pay the fine to the appropriate person at your registration address, giving you a reasonable time to comply with its requirements. Usually it is 5 days.

In case of failure to comply with the demand/offer, the bailiff initiates enforcement proceedings, which, unfortunately, will also cost you money - 1000 rubles for individuals. And again about practice - even in the presence of enforcement proceedings, you will not always have to pay an amount of a thousand rubles.

And then your fine will be displayed in the production data bank on the FSSP website.

So, what is next?

Then, after the initiation of enforcement proceedings (hereinafter referred to as “IP”), the bailiff has the right, by law, to collect the amount of the fine plus 1000 rubles forcibly:

at the expense of property,
against the funds that he finds on you (yes, just like street punks on the street),
from your cash account or from a bank card.

How is money debited from the card?

The law gives the bailiff the right to apply for debt to the banks where you have an account - the Federal Law “On Enforcement Proceedings” in its Article 8:

1. Executive document on the collection of funds or their arrest can be sent to the bank or another credit organization directly by the creditor.

And this happens as follows:

first, the bailiff requests from banks (each separately, and that is why there is a possibility of opening a card in a bank from which bailiffs do not write off fines) information about the availability of the debtor’s accounts, providing all his personal data for identification;
the bank responds to this request;
if the response from the bank is positive, the bailiff sends a writ of execution and an application to collect funds from the debtor’s account in the amount of the debt for fines;
the bank transfers the specified amount of money to the bailiffs, notifying you about this via mobile banking or in another way (not necessarily an official letter).

What if there is no money on the card?

But if the funds on your card are not enough to write off the entire amount of the debt, then part of it will be written off. Or nothing at all when the balance on your card is zero.

But when the money arrives on the card, it will be sent as a priority to the bailiff service, and not to you. In priority, this means that you will not be able to manage this money, even if it is not written off immediately, since the specified amount will simply be blocked as a deduction by the bailiffs.

Why am I not receiving notifications about blocks?

Everything is simple here! A number of banks have automated the system for requesting data about clients and their accounts and cards from bailiffs. Thus, the bailiff can automatically write off fines from the card.

Unfortunately, such automation does not work very well for the bank client - often notifications about such write-offs do not come in the form of SMS and other notifications, and you can only find out about a fine being written off from the card by checking the balance and seeing a statement about the reasons for the write-off. This is how, for example, Alfa Bank works.

Is a bank account seized?

Most often not. It is enough for the bailiffs to impose a block on the specified amount, and when writing off debts from the card, this is what should happen.

And accounts (including settlement organizations and entrepreneurs) are usually arrested if they fail to comply with tax laws regarding filing returns, submitting the necessary notifications and other violations of the Tax Code.

However, there are reviews on the Internet, where, for example, the banks Sberbank and VTB 24.

Can fines be charged to a credit card?

They can, but only if it is money in excess of the loan. Simply put, a credit card usually has a negative balance when you use the bank's money so lent out to you. If you do not use credit money, but, on the contrary, invest your own money on top, then the card balance will be positive.

And only in this case can the bailiffs write off your money specifically.

Article 72, part 2. It is not allowed to foreclose on the debts of the debtor on funds located in a nominal bank account or accounts owned by the debtor.

The logic of the legislation here is simple: credit money is the bank’s money, not yours, and the bank gives you the right to use it as a result of an automated agreement concluded with you at the time and after you enter your PIN code or swipe your card through a magnetic reader. But the bailiffs cannot write off this money from the card.

The only exception here is not a card, but an account, for example, for a car loan, where your car is used as collateral. Then only to secure obligations to this bank itself, money can be written off, and only when it is impossible to take away the collateral property itself from you (Part 1 of Article 72 of the Federal Law “On the FSSP”).

Why is my card being driven into negative territory, are banks giving me a loan or an overdraft?

The expression “to drive the card into the red” is not entirely true here, although at first glance it looks exactly like that.

The fact is that no one will open an overdraft or a line of credit for you in case of fines being written off from the card by the bailiffs - the bank will not agree to such generosity. It’s just that the system itself displays the balance in such a way that it looks like a negative balance. But in fact, the minus in this case means your debt to the bailiffs, not to the bank. And this means that you can manage money on the card only after you deposit money and bring the balance to zero. And only after you put money on the card, the debit will occur, and in no case at the moment the minus is installed.

The above is true both in the case of a debit card with a zero limit and in the case of a card with an overdraft - don’t worry, the bailiff will not force you into an overdraft.

Which banks do bailiffs usually not write off fines from?

And now we come to the main question of our article. To answer this, we monitored reviews and forums for most popular banks in our country and found out in which banks bailiffs do not write off money, and in which they write off money very often.

But keep in mind that the information here is based only on reviews from bank customers themselves, and not official data, so it may not be accurate. Moreover, the situation with such write-offs can change at any day, and it cannot be said that it is 100% relevant as of October 29, 2019.

In general, any bank is obliged to provide an answer about the availability of the debtor’s accounts and cards, as well as to comply with the requests of the bailiffs to impose blocking of money (for fines and other debts) and seizure of such accounts. But there are banks that ignore such requests, despite a substantial fine of 50 thousand rubles for this. And not all bailiffs bother with punishing banks for such neglect.

Banks from which, according to reviews, bailiffs do not write off money

Which banks always write off money?

These banks include the following.

January 2019

When interacting with banking structures, the executors put forced collection of debts on stream. Every year, more and more banks actively cooperate with bailiffs and provide them with all the necessary information upon the first request. In order to avoid getting into an unpleasant situation when a certain amount is suddenly written off from your account, for example, for a forgotten unpaid fine, it is very useful to know which banks cooperate with bailiffs and which do not.

How is funds seized from the debtor’s accounts?

Russian legislation has regulated the debiting of funds from debtor accounts by bailiffs since 2007. However, this procedure used to be much more difficult for them than it is now. Since 2011, in accordance with the legislation introducing electronic signatures and electronic document management, the bailiff service has drawn up a standard agreement with banking organizations, which allows sending requests electronically to write off funds.

Now the exchange of information between banks and bailiffs occurs using special software via a dedicated Internet channel. This greatly facilitates the work aimed at collecting debts from citizens.

The principle of interaction between bailiffs and banks is as follows:

After the court decision enters into force, the bailiffs submit a request for the availability of accounts for a particular citizen to the required banking organization.
In response to this request, banks provide information to bailiffs.
After this, the FSSP sends a collection order to the financial organization - it indicates the debtor’s account from which the funds should be withdrawn.
Ultimately, funds in a certain amount are simply debited from the debtor’s account. Moreover, there are often cases when write-offs occur without prior notice and orders from the bailiffs, which is completely contrary to legal norms.

This algorithm can be used to write off all administrative debts that are within the sphere of influence of bailiffs - for example, loan debts, unpaid alimony, traffic fines, taxes or debts for housing and communal services, and so on.

How do bailiffs find out about bank accounts?

So, how is this procedure performed? Bailiffs look for debtors' bank accounts in the following way - an application is submitted to search for the debtor's accounts. This application is sent to all financial institutions. But since there are quite a large number of credit institutions on the territory of the Russian Federation, it is likely that the request will not reach everyone.

The larger the bank, the higher the likelihood that it will receive a corresponding request and, upon first request, provide all the information necessary to the bailiffs, and subsequently write off the funds from the debtor’s account. Sberbank undoubtedly takes the lead among all banks actively cooperating with bailiffs. If legal proceedings are initiated against a person, as a result of which a fine is imposed, then the funds from the Sberbank account of such a citizen will be written off with almost 100% probability.

In such a situation, it may be advisable to open a reserve debit account in some medium-sized non-governmental credit institution. This will reduce the likelihood of sudden withdrawals. However, the larger the amount that the bailiffs want to seize, the more likely it is that the funds will be written off (even in a small banking institution).

Which banks do not provide information to bailiffs?

According to the law, every credit institution operating on the territory of the Russian Federation is obliged to provide the necessary information to bailiffs. If a particular bank has developed a serious reputation in the financial market, then it will certainly comply with the legal requirements of the bailiffs.

Performers can send a request to both commercial and government agencies. As of 2018, more than a hundred financial organizations have already signed an agreement with the FSSP regulating full document flow. Moreover, the list of such credit institutions is updated almost daily.

Here are the 4 largest banks that work most closely with bailiffs:

Sberbank
Gazprombank
Promsvyazbank

Unfortunately, it is not possible to say for sure which bank does not cooperate with bailiffs. Since the demands of the performers are completely legal, any organization that receives a request is obliged to respond and provide the necessary information, otherwise it will be subject to serious penalties. And no bank wants to pay a large fine.

However, it is much easier to hide your own savings from bailiffs if you cooperate with:

small non-state banks;
electronic payment systems (it’s very easy and quick to create such a wallet, and it doesn’t have to be for yourself, but tracking it is very problematic).

These cards are blocked less often by bailiffs

Home Credit Bank

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Which accounts cannot be seized in 2019?

In accordance with Articles No. 70 and No. 81 of the 229th Federal Law “On Enforcement Proceedings,” taking into account the changes and additions that came into force on December 5, 2017, the following cannot be written off:

Funds located in a specialized election account.
Savings held in foreign currency (if ruble savings are enough to pay off the debt).
Money held in the referendum fund accounts.

Bailiffs do not seize the above categories of funds. In other cases, banks write off money at the request of bailiffs, and the bailiffs do not always comply with the necessary notification procedures.

What to do if the bailiffs seized the account?

You can always go to court if there is any disagreement with the amount of funds written off. It is possible to win a lawsuit if the bailiff drew up a statement in violation of legal norms, or if the evidence provided by the plaintiff is insufficient.

Removing a seizure from an account without going to court occurs according to the following algorithm:

After a notification SMS message about the seizure of the account, you need to call the call center of the financial institution or visit a bank branch.
The result of this should be to obtain the necessary information about the amount of debt and how and where to repay it.
After 6-8 hours (maximum 24 hours), the arrest should be removed from the account.

Video on the topic

Legislation obliges all credit institutions operating in the Russian Federation to provide information regarding client funds upon request of bailiffs.

The rule applies to commercial structures on an equal basis with government ones.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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Financial organizations that do not work with the FSSP

As of 2019, over a hundred banking institutions have signed an official document regulating the nuances of providing information to the request of the bailiff service.

The fact that there is no contract does not exempt you from the obligation to provide customer data.. Refusal will result in a fine and other sanctions, including loss of license.

Debt collection

Finding organizations that do not cooperate with the FSSP is becoming increasingly difficult over time, since failure to provide information is actually a violation of the law with the ensuing consequences. There are no people willing to conflict with the state, to risk their own reputation and even existence.

The only option is cooperation with small financial institutions of non-state ownership, whose owners are not persons close to the authorities.

Some of them continue to rely on the principle of bank secrecy and try to maintain the confidentiality of information relating to the citizens they serve.

Often, financial organizations do not directly avoid cooperation with bailiffs, but simply promptly warn clients about the impending arrest, giving them the opportunity to withdraw funds.
This is how one manages to maintain loyalty while formally complying with the law.

Full list

According to reviews, cooperation with bailiffs is minimized by these financial organizations:

Home Credit;
Promsvyazbank;
Citibank;
MTS-Bank;
Vanguard.

How does the service obtain billing information?

The search for data on the funds available to debtors in banking institutions is carried out by sending search applications to various financial organizations.

Due to the huge number of companies operating on the market, it is difficult to control whether everyone received the request and responded to it honestly.

The application is guaranteed to reach the largest banking institutions, and in this case, with almost 100 percent probability, the funds will be automatically debited. They will not risk their authority and create problems with the law.

Procedure for collecting funds

The interaction of bailiffs with banks occurs according to the presented scheme:

After the court decision comes into force, a request is submitted to the financial institution regarding the availability of funds from a particular citizen.
The credit institution provides the necessary data.
If there is money, the FSPP sends a collection order indicating the debtor’s account.
Finance is written off in the required amount.

What to do if an arrest is made?

It is necessary to start by finding out how legal the actions of those responsible are.

If there is an outstanding debt and there are no restrictions on writing off funds due to their special purpose, the only way to solve the problem is to pay off the debt.

In case of seizure of a special category account that does not allow collection, the debtor must:

Collect documents confirming the fact.
Submit an application to the FSSP, which will revoke the decision.

Controversial situations will have to be resolved through the courts.

Grounds for lifting sanctions

Cause	Procedure
The debtor made a full refund to the creditor	It is required to collect all confirming payment orders and present them to the bailiffs by writing a statement.
The actions of authorized persons were recognized as unlawful	The money was not intended for the intended purpose, the debt was accrued by mistake, or the defendant was not notified in the prescribed manner about the process so that he had the opportunity to take action before the trial.
The parties reached a consensus	The writ of execution is taken from the FSSP. Subsequently, if the debtor ceases to comply with the agreement, the plaintiff has the right to re-file the document for collection; it is unlimited.
The defendant became bankrupt	All assets, including accounts, are transferred to the arbitration manager.

Which accounts are they not allowed to touch?

It is mandatory to provide a documentation package including:

papers confirming the intended nature of the money;
statements demonstrating the actual transfer of finances;
certificates from the bank indicating that savings have been blocked.

In the text of the appeal, it is advisable to focus on the illegal nature of the procedural measure that violates the interests of the applicant.

If the outcome is favorable, the illegality of actions regarding the citizen’s funds will be established, and he will be able to return them.

You will need to take a certified extract from the court decision and a writ of execution, which are presented to the service.

The execution of decisions of government bodies and officials provides for the forced collection of debts. First of all, arrest is imposed on accounts in Russian or foreign currency. In order to understand whether it is possible to somehow hide your savings and avoid their transfer, carried out on the basis of an issued decree or other executive document, it is necessary to find out which banks do not cooperate with bailiffs in 2017-2018.

Which banks do not work with bailiffs

In response to a request received from a government service, any bank or credit organization is required to provide reliable information containing information:

about whether the debtor has open accounts and the amount of funds in rubles or other currencies;
about storage of any other valuables.

Failure to provide the information requested by the executive body within seven days may result in a fine. Therefore, when finding out which banks do not provide information to bailiffs, we can say with confidence that if a request is received, not a single credit organization, commercial or government, has the right to hide such information if there is a court order to search for the debtor’s accounts.

Information about the banks servicing the debtor can be easily obtained from the tax service for subsequent contact with a specific organization. There are no banks on the list that do not work with bailiffs. But they do not always make the appropriate request. Accordingly, there is a greater chance of hiding savings from bailiffs by collaborating:

with small commercial banks, because requests are sent to large credit organizations first;
with payment systems, because electronic wallets in Russia are difficult to track.

Note: by the end of 2017, more than 100 banking and credit organizations had already signed an agreement on electronic document management with the Federal Bailiff Service. Through a dedicated Internet channel, information is exchanged and funds are automatically written off from accounts to pay off existing debts. The list of organizations connecting to the system is constantly growing.

At the same time, it is possible to determine which banks bailiffs cooperate with in 2017-2018. first of all: Sberbank, VTB24, Gazprombank and Promsvyazbank were among the first to join the work through electronic document management and electronic signature. At the same time, only companies that are included in the FSSP register have the right to exercise the right to collect debts.

Bailiffs can contact the bank to obtain detailed information about the financial condition of the debtor

Which accounts cannot be used by bailiffs?

According to Articles 70 and 81 of the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings” as amended, altered and supplemented, which entered into force on December 5, 2017, there are restrictions on the collection of money from certain accounts of the debtor. The following funds cannot be written off:

in foreign currency, if the money in the account in rubles is sufficient to satisfy the claims of creditors;
located in the accounts of the referendum fund;
stored in a special election account.

For reference: restrictions on the withdrawal of money from the accounts of referendum funds and special election accounts were introduced only in March 2016.

What to do when seizing accounts

Any action can be appealed in court; only methods that cannot be documented are considered unworkable. You can win the process thanks to:

inattention of the bailiff - if the application was drawn up in violation of legal norms;
lack of evidence provided by the plaintiff

If it was not possible to appeal the legality of the bailiff’s actions, the arrest from the accounts can be removed only after the existing debt is paid in full.

How best to act when communicating with bailiffs will be discussed in the video: