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Messenger What is a property seizure?
A property seizure is one of the measures that a state enforcement officer may apply, acting by court decision in cases provided for by law. The purpose of this procedure is to prevent the transfer of property to third parties or to enforce collection of debt from the owner. Under certain circumstances, such property may later be confiscated and sold. You can learn what a seizure is and how enforcement is carried out by consulting with the lawyers of our company. In addition, during various legal proceedings you may find useful the information set out here: Courts.
Ukrainian legislation clearly regulates in which cases property can be seized:
- In civil law this measure may be applied in cases of unpaid alimony, division of property acquired by spouses during marriage, recovery of debt from a borrower, as well as compensation for damages caused to a victim as a result of various offenses.
- In the course of proceedings related to commercial activities, property belonging to an enterprise may be seized for the purpose of settling debts through the subsequently confiscated items or assets.
- Property involved in a criminal case and classified as physical evidence may be seized for its safekeeping. In addition, the law provides for confiscation of property as a form of punishment for a committed crime. Property may also be seized as a means of securing compensation payments to victims.
After property is seized, a prohibition or restriction on use comes into force if there is reason to suspect its disappearance or transfer. Failure to comply with this condition results in administrative sanctions in the form of a fine.
Objects and items that may be subject to seizure include:
- houses, apartments and other real estate, including inherited or gifted property;
- a vehicle owned by the debtor;
- jewelry, except for items classified as prizes and awards;
- cash, including non-cash funds held in any currency;
- furniture, as well as household appliances and equipment;
- securities.
This list is not exhaustive, as other types of property may be seized under certain circumstances. Personal items of use, including clothing, are not subject to seizure, except when it concerns expensive fur garments.
Clients often ask us how to find out about a property seizure. Our specialists are always ready to advise you on this and on how the seizure process works.
Information about seized real estate is necessarily entered into the State Register and becomes freely available online. Before checking a house or apartment for seizure, you must register in the Electronic Services Cabinet.
How is the process of lifting a property seizure carried out?
To answer the question of how to lift a property seizure, it is first necessary to know who imposed it and on what grounds the measure was applied. A legal position must be formed based on a thorough study of the documents available, determining the algorithm of further actions.
If the prescribed legal procedure was violated during the imposition of the seizure, the issued order may be appealed. To do this, you must apply to the head of the enforcement service or to a judicial authority. It is important to remember the time limits within which an appeal is permitted.
In other cases, lifting the seizure is carried out through the courts. The following may file a corresponding lawsuit:
- The debtor who owns the seized property.
- A new actual owner of the seized property.
To do this, it is necessary to prepare a statement of claim in accordance with established rules; details on how to prepare it can be found here: Statement of Claim to the Court.
It should be noted that there is no universal way to lift a seizure, since each situation requires comprehensive legal analysis. It is also not always necessary to go to court. Property may be released from seizure, including:
- by a state enforcement officer upon timely completion of the enforcement proceedings. In addition, the reason for lifting the seizure often lies in the impossibility of realizing certain items or assets.
- by the head of the enforcement service if violations that occurred during the imposition of the seizure are confirmed.
The right to appeal the actions of a state enforcement officer by appealing to the leadership of the enforcement service is granted only to the creditor and third parties who are participants in the enforcement proceedings. Applications from debtors can be considered only in court.
Ukraine is a country where citizens often fall victim to legal illiteracy. Many do not know that a property seizure can be lawfully avoided by initiating an appeal against the decision or filing a counterclaim within the established deadlines. It is also possible to arrange an installment plan for payments under the enforcement writ. In certain cases, the court decision may also be enforced with a deferment.
You can learn more about these and other mechanisms concerning lifting a property seizure by following the link Lifting a property seizure in Ukraine or by contacting the specialists at our company directly. We are always ready to help you achieve justice in the courts and restore property rights on legal grounds.