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Kolesnyk Ilya

Expert on bankruptcy, write-offs of banks on loans, government and civil process. Specializes in the procedures of bankruptcy and restructuring of the physical assets of sole proprietorships, oskarzhennі vykonavchih prodzheni, znyatti arreshtu z rakhunkiv, oskarzhenni punitive sanctions on loans.

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A statement of claim for the removal of seizure from property

Seizure of property as a tool for execution of court decisions

The institution of property seizure is an important tool in the enforcement of court decisions. After all, thanks to the seizure of the debtor’s property, it becomes possible to guarantee the further execution of the decision. Seizure can concern a wide range of property – from real estate to money in bank accounts.

At the same time, seizure of property significantly limits the debtor, depriving him of the right to dispose of his property.

 

Grounds for removing the seizure from the property

There is a possibility of removing the seizure from the debtor’s property during enforcement proceedings. The list of grounds for this is clearly established in Article 59 of the Law on Executive Proceedings.

In particular, the seizure can be lifted if the property does not belong to the debtor, but to another person, which is confirmed by a court decision. Also in case of repayment of debt or impossibility of sale of property. The arrest must be lifted at the end of the proceedings.

In addition, the executor removes the arrest if he discovers a violation during its imposition, receives confirmation of the special regime of the debtor’s account, etc.

Other grounds include debt repayment, impossibility of selling property, termination of proceedings, etc. If there are no such grounds, only the court can remove the arrest.

The procedure for appealing the seizure of property in court

In order to challenge the seizure of property, it is necessary to apply to the court with a statement of claim.

Such a statement must contain:

  • the name of the court where the lawsuit is filed;
  • surname, first name, patronymic and address of the plaintiff – the person contesting the arrest;
  • data of the defendant – a state executive service body;
  • justification of the illegality of the arrest;
  • list of documents and other evidence.

In the statement of claim, it is necessary to name all the participants in the process, prove the groundlessness of the seizure of property and provide confirmation of their position. This will enable the court to objectively consider the case and make a legal decision.

 

Arguments in favor of lifting the arrest

In the statement of claim regarding the removal of the seizure, the plaintiff must provide the justification for his demands. He can refer to the following arguments:

  • There is a court decision that cancels the seizure of property. This indicates the illegality of such an arrest.
  • The very imposition of the arrest was illegal and groundless. The plaintiff can prove it.
  • Without the ability to use the seized property, the debtor is unable to fulfill his obligations or provide for his own needs.

In short, arguments in favor of lifting the seizure can be: its cancellation by the court, the illegality of the imposition, the impossibility for the debtor to fulfill his obligations as a result of the seizure.

Evidence for the application

Corroborating evidence must be added to the claim for arrest removal:

  • A copy of the decision on seizure of property – to certify the very fact of seizure.
  • Documents confirming the claimant’s ownership of this property. For example, an extract from the real estate register.
  • Documents that prove that without access to the seized property, the debtor cannot fulfill his obligations or provide for his own basic needs. For example, a certificate of income.

Importantly! This should be documentary evidence that supports the plaintiff’s key arguments in favor of removing the seizure from the property. They will enable the court to consider the case comprehensively.

So, it can be understood from the above that in order to challenge the seizure of property, you need to apply to the court at the place of execution of the decision with a statement of claim.

The court is obliged to consider such an application. If the requirements for the removal of the arrest are satisfied, the court will make a corresponding decision.

This court decision is binding on all authorities, local self-government bodies, legal entities and individuals.

By contesting the arrest through the court, it is possible to get it canceled on the basis of a binding court decision.

In such a difficult situation as property seizure, you can count on professional legal support from our lawyers at Prykhodko and Partners. Our team of qualified lawyers will provide an individual approach to your case, help protect your interests and challenge the wrongful arrest decision. By contacting us, you will receive quality legal assistance.

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Expert on bankruptcy, write-offs of banks on loans, government and civil process. Specializes in the procedures of bankruptcy and restructuring of the physical assets of sole proprietorships, oskarzhennі vykonavchih prodzheni, znyatti arreshtu z rakhunkiv, oskarzhenni punitive sanctions on loans.

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