Removal of seizure from the debtor’s property

Seizure of property is a temporary limitation of the right of ownership, which is applied to the property of the debtor in order to ensure the execution of the court decision. Arrest may be imposed on any property of the debtor, including:

• Real estate: apartments, houses, land plots.
• Vehicles: cars, motorcycles, yachts.
• Bank accounts: deposit, current, card accounts.
• Other valuables: jewels, antiques, shares, securities.

In what cases can property be seized?

Property can be seized in a number of cases provided for by Ukrainian legislation. Here are some of the most common:

By court decision.

• As part of civil proceedings, for example, to secure a claim or enforce a court decision.
• As part of business proceedings, for example, to ensure the performance of a business contract.
• As part of administrative proceedings, for example, to ensure the payment of a fine.
• As part of criminal proceedings, for example, to ensure confiscation of property.

According to the decree of the state executor.

• As part of executive proceedings, i.e. enforcement of a court decision.

According to the decision of the investigator:

• As part of a criminal investigation, for example, to ensure confiscation of property.

By resolution of other state authorities:

• For example, the tax service to ensure payment of taxes.

In other cases provided by law:

• For example, seizure of the debtor’s property in case of his bankruptcy.

It is important to note that property seizure can only be imposed on property owned by the debtor. It is not possible to seize property that belongs to other persons, even if it is in the possession of the debtor.

Here are some of the types of property that cannot be seized:

1. Items of personal use, excluding luxury items.
2. Funds paid for child maintenance.
3. State awards.
4. Objects of religious value.

If you believe that your property has been seized illegally, you can:

• Apply to the court for the removal of the arrest.
• Contact a lawyer for help.

Please note that the seizure of property can have serious consequences for the debtor. He may not be able to use his property, sell it or give it as a gift.

In what cases can a seizure be removed from property with the help of a lawyer during executive proceedings?

With the help of a lawyer, it is possible to remove the attachment from property during enforcement proceedings in the following cases:

The arrest was made illegally. For example, if the seizure was imposed on property that does not belong to the debtor, or if the seizure was imposed without legal grounds. A lawyer can help you:

• Analyze the circumstances of the case and determine whether the seizure was lawful.
• Prepare documents for lifting the arrest.
• Represent your interests in court.

The debtor fulfilled his obligations. For example, if the debtor has paid the debt for which the seizure was imposed. A lawyer can help you:

• Get documentary confirmation of fulfillment of obligations.
• Prepare a statement on the removal of the arrest.
• Submit an application to the state executor.

Consult a qualified lawyer

Foreclosure is a complex legal process that may require the knowledge and experience of a lawyer. Here are some reasons why you may want to consult a lawyer:

A lawyer can help you determine the legality of the seizure:

• He will analyze the circumstances of the case and determine whether the seizure was lawful.
• He can help you challenge the wrongful arrest in court.

A lawyer can help you prepare documents for the removal of the seizure:

• He knows what documents you need to remove the arrest.
• He will help you to complete all the documents correctly.

A lawyer can represent your interests in court:

• He has experience in conducting cases in court.
• He can protect your rights and interests in court.

A lawyer can help you remove the arrest from the property as quickly and efficiently as possible:

• He knows how to correctly and quickly remove the arrest from the property.
• He has experience in working with government agencies.

Please note that removing the lien from the property yourself can be a difficult task. You may need the help of a lawyer to properly complete all the documents and protect your rights.

For consultation or calculation of the price of removing the seizure from the debtor’s property – fill out the form below.