Removing the arrest and return of the property, a remedy
The arrest of any of whose property, including apartments, is – the necessary measures which is used by the State Executor, to avoid the possibility of alienation, and there have been opportunities to escape the fulfillment of the financial obligations undertaken by the bank or any other organization.
The seizure of property can be docked to ensure that the actual execution of the court’s decision is not carried out and has as a consequence a lack of compliance with a full degree of rallying its property. The seizure of property may be manifested in its description, the establishment of the prohibition of alienation, seizure and transfer to the preservation of others. The seizure of property can be docked to ensure in the future the actual execution of the court’s decision and has as a consequence of non-compliance with a full degree of rasporyadzhagatisya their property. The seizure of property may be manifested in its description, the establishment of the prohibition of alienation, viluchenya and transfer to the preservation of others.
How to remove the arrest and forbade the alienation of property dependent on the subject, what he imposed? How to remove the apartament arrest imposed on the property by court order.
Removing the seizure of property that was imposed by the court as security for a claim, there is a fine art. 154 TSPKU. You must prove in court no need to arrest the situation changes in the case in connection with which disappeared grounds for the claim.
In addition, the possible seizure in criminal proceedings by a decision of the investigating judge (court) agreed with the request of the investigating prosecutor or separately, as well as civil plaintiff. Accordingly, the request for cancellation of the arrest also need to submit investigating judge (if the case is under preliminary investigation) or court (if initiated proceedings). An application filed fine art. 174 Code of Ukraine.
How to remove seizure of assets imposed engine:
- based on ch. 2, Art. 50 Law “On Enforcement Proceedings” at the completion of execution, executor makes a decision on the withdrawal of arrest that was imposed on the property;
- if they revealed violations in the procedure of arrest – the arrest was withdrawn by order of the chief of the internal combustion engine;
- if the decision is inexpedient or impossible to implement seized property (excessive wear unprofitable sales) – Arrest removed by order of the bailiff approved by department heads.
In these cases, ICE spokesman independently decides on lifting of arrest if you do not agree with his decision, or his inaction should appeal the decision, referring to the head of department, senior ICE authority or court. The debtor may challenge the actions artist only in court.
On the court:
Filing a claim by the person who owns the property and who is not the debtor.
Cases when, while trying to make any agreement with the property owner discovers that his property seized when he absolutely unknown circumstances.
This confusing situation is possible, and your actions should be as follows:
- Take a notary an extract from a single register of prohibitions alienation of immovable property in which you’ll see on the basis of which the document was seized;
- Contact your state executive service, which seized, obtain a written waiver (the most common situation is that the materials in the executive service are destroyed at the end of 3 years);
- file a claim in court. Detailed instructions on how to file a lawsuit on their own here.
A notary has the right to impose a ban on disposal of property and register it in the appropriate registers in many cases. For example, at the time of his testimony contract lifetime retention or hereditary agreement, contract of pledge (mortgage) of the property subject to state registration. According subject that may apply to a notary to lift the ban of alienation, in each case different. For example, in the case of termination of the contract of a pledge (the mortgage), notary remove the prohibition of declarations of both parties to the agreement or at the request of the pledger only if it provides adequate evidence that obligation fulfilled; after the death of disposing of property under a contract of life hold (or hereditary contract), the notary will remove the ban at the request of the purchaser of the property, if the contract of life hold (or hereditary contract) by the court canceled or invalidated, then turn to the notary can each party.
In addition, the contract of pledge (mortgage) the debtor is also another option to lift the ban as a notary exclusion According to Art. 537 CCU debtor can add funds to your debt on notary deposit. In this case, the debtor must provide evidence of the notary inability to perform obligations to the lender, due to the absence or reject creditor (his representative) to accept the obligation.
Seizure most actively used type of security requirements that could bring the owner a lot of trouble later. In addition, the property owner may be completely bound by any debt, but if you want to perform a particular transaction learns of such trouble. Note that if we consider the provisions of Art. 60 Law of Ukraine “On Enforcement Proceedings”, the paragraphs 3, 4 article (removal of arrest in connection with the discovery of violations of the artist, and the availability of written expert opinion of inappropriate implementation of the arrested property) rarely used in practice. A real opportunity to remove the arrest of property in many situations is filing a lawsuit or judicial review of certain decisions and actions.
In order to make this procedure quickly and successfully, you need to not only have some theoretical knowledge in the field of law, but also have a certain baggage of experience to understand what methods to remove the arrest will be effective in each case. In addition, we note that if the arrest was used as security for a claim, the person against whom the court applied seize the property has only 5 days after familiarization with a copy of the judgment.
Our skilled professionals quickly and properly conduct the following:
- determine the fastest and safest way to arrest the removal of the property;
- form a package of supporting documents;
- professionally make all necessary procedural documents and draw them in accordance with the law;
- carry out your rights and representation in court, authorities ICE, the investigative bodies, as well as the notary.
Our qualified lawyers help promptly return your ownership and relieve you of independent solution of the problem of removing the arrest of the debtor’s property. Our law firm will confidently to protect your interests and guaranteed to achieve the desired result.
Cost of services is determined individually, based on the case. Please contact us for advice.
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