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The interaction of bailiffs and various banks is no secret to many. The first complaints from customers of banks began to appear several years ago. First, the list of organizations was one – two banks, but every year this list is just growing. So, if you have an account, including a salary account, remember, banks can withdraw money for debts.
Could forcibly write off the debts of Russians from their accounts already, as 10 years ago
All this time the issue of a technical nature has been resolved. At first, large sums were written off, now anyone who has violated the rules of the road can get a “SMS of happiness” after a while. On the one hand, if a person does not pay taxes for several years, it will be correct to enforce the collection of funds that he owes. But, banks can withdraw money for debts, even for someone who may not be aware of what he owes. Most often, these are people who violated traffic rules and they were recorded by a video surveillance camera.
At first, some banks refused to work on such a system due to frequent situations when account holders were incorrectly identified. To date, the situation has changed dramatically. Banks and bailiffs easily transmit information to each other through a dedicated dedicated channel with security settings for transmitted data approved by the FSB.
Having such powers, the bailiffs can pick up the money that the account holder owes. And with the help of new technologies, the procedure for collecting debts has become much simpler. Therefore, money can be withdrawn from any of your bank cards at any time. In case the entire amount is not on the account, it is reserved and the account is blocked. And you will not be able to perform any operations on it until the bailiffs complete the withdrawal operation.
The procedure is as follows: the court’s decision to recover the debt enters into force. The bailiffs make a request to the banking organizations to find out if the debtor has a bank account. Interestingly, not only the salary or credit account is checked, but also the metal account and even the DEPO account, which is used to record securities. In the event that the presence of several accounts is detected, the bailiff is entitled to choose an account from which the bank can withdraw money for debts.
So, the bailiffs have full information about all your accounts in case you are on their list of debtors. They can choose any account to write off the debt, except for credit. As representatives of banks say, they cannot forcibly lend their clients. Also, some benefits issued by the state are not subject to recovery. At the same time, banks can withdraw money for debts from the account on which the pension comes. There are no restrictions on the amount that can be enforced, however, it is not allowed to withdraw more than 50% of the monthly income of the debtor.
Unfortunately, the bailiffs do not always manage to follow these rules. It happens so that funds are withdrawn from the list of prohibited. This happens because it is not always possible to correctly determine the type of funds that are in the account.
If you are in a similar situation, immediately contact your bank. Most likely, to solve the problem at this stage will not work. Then, find out the branch, which issued the request for withdrawal. Contacting this branch, find out the data of your bailiff and either communicate with him to clarify the circumstances, or write an application for his name in a free form, in which you are requesting a refund.
Strengthen the statement with reference to article 101 of the federal law, which describes the types of funds that cannot be recovered, and add documents that indicate that social payments are received on your account. In the case of recognition of an error, you can do without a court.
Try not to fall into such situations and handle your commitments in time. After all, if you want to borrow money from your bank next time, he will definitely remember this.