Claim to lift seizure of property and accounts

Seizure of property and bank accounts is a restriction imposed by state authorities that prohibits the disposal of property or funds. Most often, this occurs within the framework of court proceedings or on the basis of a court decision. The owner of the property can use it, but not sell or transfer it to another person.

Seizure can become a serious obstacle when carrying out any financial transactions. For example, a person may learn about the existence of a seizure only when selling real estate or when trying to withdraw funds from a bank account. That is why it is important to regularly check your assets and respond to possible restrictions in a timely manner.

If the seizure was imposed illegally or the grounds for its preservation have lost their validity, the owner has the right to apply to court with a claim to cancel it.

Grounds for lifting the arrest

The legislation of Ukraine provides clear grounds for lifting the arrest from property and accounts:

1. The owner of the property has proven that it does not belong to the debtor (Law of Ukraine “On Enforcement Proceedings”).
2. The enforcement proceedings have been completed, and the arrest has not been lifted automatically.
3. The debt for which the arrest was imposed has been paid in full.
4. A violation of the procedure for imposing the arrest was revealed.
5. The arrest was imposed on funds that are not subject to collection (pensions, social benefits, etc.).
6. The arrest was imposed as a result of a judicial error or without proper notification of the property owner.
7. The bailiff did not comply with the procedure established by law for notifying the debtor about the arrest of the property.

Why is it important to cancel the arrest in time?

Arrest of property or accounts can cause a number of problems that can significantly limit the rights of the owner and lead to financial and legal difficulties. In particular:

• Inability to sell or transfer property to other persons. For example, the owner cannot sell an apartment or car if they are under arrest.
• Banks refuse to carry out financial transactions. Blocked accounts make it impossible to make payments, receive salaries, pensions or other payments, which can lead to a breach of obligations to counterparties or financial difficulties in everyday life.
• Legal consequences for the owner. If the arrest was imposed illegally, but was not appealed, this may become the basis for additional restrictions or sanctions from state authorities. For example, if the debtor did not know about the arrest, he may face lawsuits and fines.
• Financial losses due to the inability to dispose of assets. The owner cannot profit from the sale of the property, use the funds for investment or business.
• Risk of loss of property due to forced execution of court decisions. If the debt is not repaid or the seizure is not appealed in time, the seized property may be sold within the framework of enforcement proceedings.

Given these risks, timely appeal to a lawyer will help avoid unjustified restrictions and financial losses.

Appealing and canceling the arrest

This is a legal way to protect your rights, and professional assistance from specialists significantly increases the chances of a successful resolution of the issue.

The arrest of property or accounts can lead to the following problems:

1. The inability to sell or transfer property to the ownership of other persons.
2. Banks’ refusal to carry out financial transactions.
3. Legal consequences for the owner due to unreasonable restrictions.
4. Financial losses associated with the inability to dispose of assets.
5. That is why it is important to contact lawyers in a timely manner and appeal illegal decisions.

How to properly file a lawsuit to cancel the arrest?

• The lawsuit to the court must contain:
• Name of the court.
• Data of the plaintiff (owner of the property).
• Defendant (the body or person that imposed the arrest).
• Justification of the illegality of the arrest.
• Reference to the legislation.
• Request to cancel the arrest.
• Attachments (documents confirming the facts).

How can lawyers help to cancel the arrest?

Challenging the arrest yourself can be difficult and requires a thorough analysis of your situation. The lawyers of the law firm Prykhodko and partners will help you:

• Assess the legality of the arrest.
• Collect the necessary documents for applying to the court or the bailiff.
• Prepare a statement of claim and accompany you in the legal process.
• Accelerate the process of unblocking bank accounts and removing restrictions on property.
• Propose a strategy of actions to avoid similar situations in the future.

Our team has extensive experience in the field of enforcement proceedings, credit obligations and appealing against unlawful decisions.

Timely appeal to specialists significantly increases the chances of a quick resolution of the issue and avoiding additional problems in the future. Don’t delay, protect your rights today!