Remove the attachment from the account, property, apartment, car

It is not uncommon for property owners to find out by accident that their property has been seized or prohibited from alienation. Such restrictions significantly limit the rights of the owner to dispose of his property. In order to remove the seizure from accounts, apartments, cars or other property and to restore the violated rights, it is necessary to take a number of legal measures in accordance with the law.

Is there a universal way to remove the arrest?

The unequivocal answer is NO. However, if you discover that your property has been seized but do not understand the reasons, you should take the following general steps:

• Find out which body made the arrest.
• Study the original document that became the basis for the arrest and get a copy of it.

After these steps, it will become clearer what your next steps are to remove the arrest in a specific situation. For example, in order to remove the attachment imposed due to the concluded credit agreement, it will be necessary to conduct a legal analysis of all documents related to the loan, to find out compliance with its terms and justify the impracticability of further attachment of property.

Ways to remove seizure from property

Depending on the specific circumstances of the seizure of property, there may be different ways to remove it. Among the possible options:

• Illegal actions of the bank, which should remove the arrest after the borrower fulfills the terms of the loan agreement, but does not do so.
• Grounds for invalidating the contract (in whole or in part), as a result of which the seizure can also be lifted.
• Grounds for the termination of suretyship, which will allow the arrest of the surety’s property to be removed.

The importance of legal analysis and strategy selection

A crucial step in removing the seizure is a thorough legal analysis of all documentation related to the seizure (contracts, court decisions, etc.). This will make it possible to form a justified legal position and choose the most appropriate strategy of actions in a specific situation. An incorrectly chosen strategy can lead to negative consequences when going to court.

After determining the legal position, a plan of further actions is drawn up: appeal to the bank, executive service or directly to the court. It is important to carefully study the documentation and find out the reasons for the arrest before deciding on its removal.

Removal of arrest after the end of storage of proceedings

It is important to know that:

• The materials of executive proceedings are kept for only 3 years. After this period, they are subject to destruction.
• If the creditor has not resumed enforcement proceedings within 3 years, all documents in the case are destroyed.
• However, records of the seizure of the debtor’s property may remain in the registers.
• The debtor can apply to the executive service with a request for the availability of documents in his case.
• After receiving confirmation of the destruction of the documentation, the debtor can file a lawsuit in court to remove illegal seizure of property.
• The state bailiff will not be able to prove the legality of arrests due to lack of documents.

Using the statute of limitations for the storage of materials, the debtor can obtain the removal of the arrests without canceling the original court decision.

Conclusion of a settlement agreement for the removal of arrests

An effective way to remove seizures from property imposed by a court decision is to enter into a settlement agreement with the creditor. This creates grounds for closing executive proceedings and obliges the state executive to remove all arrests.

Combined strategy

• Obtain a settlement agreement between the debtor and the creditor through legal support.
• On the basis of the agreement, request the executor to close the proceedings and remove the arrests.
• After the arrests are lifted, the debtor can apply to the court to declare the settlement agreement invalid.

This strategy allows you to first remove the foreclosures by entering into an agreement with the creditor, and then cancel this agreement if it turns out to be unfavorable for the debtor.

Contact professional lawyers

If you are faced with the imposition of a seizure on your property, you need to contact legal help for its removal. Specialists of the legal company “Prykhodko and Partners” will help you collect all the necessary documents, conduct a thorough legal analysis of the circumstances of the arrest, and prepare convincing legal arguments in your favor. If necessary, they will represent your legal interests in court, defending your property rights.

Cooperation with an experienced law firm will help to quickly and efficiently resolve this difficult issue and free your property from illegal encumbrances. Don’t delay, because time is of the essence.