Can cards be debited? Situation: the bank writes off loan debts from another account without permission. Illegal write-off in favor of loan debt
In 2016, organizations had the opportunity to receive citizens’ debts using a simplified procedure. Utilities, banks, microfinance organizations, etc. rushed to take advantage of this. However, there are cases when the simplified procedure leads to erroneous debiting of funds from the account.
Evgeny Nazarov was inattentive while driving, violated traffic rules and was fined 1.5 thousand rubles. The corresponding notice was sent to Evgeniy by registered mail. He found his fine on the government services website and deposited the money online. However, after some time, another 1.5 thousand rubles were written off from his card.
Should I receive a warning about debiting money?
Bailiffs are required to notify the debtor of the upcoming write-off. He should receive a copy of the resolution on the commencement of enforcement proceedings. The notice is sent within 5 days after consideration of the verdict.
The account owner must be aware that money will be debited from him. However, in practice things are different. Sometimes the debtor knows nothing about impending troubles due to improper notification. This happens, for example, if he does not live at the registration address or does not pick up a court notice from the post office. Sometimes bailiffs fail to accurately determine the debtor’s address, or the person changes his place of residence at the wrong time.
According to Heads Consulting department lawyer Irina Baskakova, the collection procedure is regulated by the law “On Enforcement Proceedings”. Last year, a simplified collection procedure came into force, which applies to credit debts. A sufficient basis for the actions of bailiffs is now the writ of execution of a notary. The debt collector can resolve the issue without going to court: immediately go to the enforcement service and collect the debt with the help of bailiffs.
The innovation was adopted by banks, microfinance organizations, management companies and other organizations to which citizens owe money. However, utility companies cannot write off funds from their accounts on their own: they cannot do without contacting bailiffs in this matter. By the way, according to the law, the duties of executors include not only notifying defaulters about upcoming write-offs: they must offer debtors to return the money voluntarily within a certain period.
Amounts and terms
The main thing is that the procedure for debt collection must be followed, and the amount, in principle, can be any. Another thing is the deadline for presenting the writ of execution for execution. There is a limitation - no more than 3 years from the date of issue.
There are also restrictions related to the origin of the funds from which the debit is made. By law, you cannot write off more than half of your salary. This provision sometimes leads to disagreements, since it is not always possible to determine whether the salary is in the account or the funds came from other sources.
Penalties cannot be applied to some sources of income in principle. An example is recourse payments or compensation related to caring for disabled citizens.
In case of write-off of funds protected by law or fundamental disagreement with the actions of the bailiffs, you can try to return the money through the court. The petition must indicate why objections were not submitted on time (for example, the place of registration does not coincide with the address of actual residence, so they did not receive the notification). After this, perhaps the court will respond favorably to the application for a reversal of the judicial act.
Obtaining a loan from an MFO is a fairly popular procedure today. Citizens who regularly use the services of microfinance organizations are wondering how the loan is repaid in case of delay. Is it possible to withdraw funds from the client's card account? And will this method of debt repayment be legal? It is worth considering this situation in more detail.
Repayment of an overdue loan by microfinance organizations: featuresprocedures
Typically, debt repayment occurs through the courts. This also applies to loans issued via the Internet. If payments are late, the creditor goes to court to collect the borrowed funds. After issuing the writ of execution, the bailiffs begin work. After studying the financial situation of the defaulter, they can block the required amount and transfer it to the account of the institution that issued the loan. Specialists of a microfinance organization do not have the right to independently carry out such an operation if there is no consent of the client.
However, there is another side to this that the borrower is often unaware of. It concerns the situation when the client has given his consent.
A clause on debt repayment through the payer’s card account can be included in the agreement. Typically, this condition is provided when applying for an urgent loan via the Internet. When making an online request, the client is often unaware of this procedure for collecting funds and, when concluding an agreement, does not pay attention to this clause in the contract. However, for microfinance organizations, this method is sometimes the only opportunity to return funds provided through online resources.
Is it legal for a microfinance organization to write off money on its own?
If the client has entered into an agreement and agreed to the terms, then returning the loan by debiting funds from the borrower’s card becomes absolutely legal. Moreover, in this case, notification of the payer is not even required. In order not to find yourself in a similar situation and to avoid unpleasant surprises, you should carefully study the contract before signing it, and not after.
Using blocking of funds on the card during client authorization
A small amount can be blocked by MFO specialists at the initial stage of work - before receiving a loan. The borrower's consent in this case is required. Why is this being done? This measure is often used by microcredit organizations to authorize a client and verify his right to use a plastic card. Before carrying out the operation, the employee obtains permission from the potential borrower. After which it temporarily blocks the funds. After confirming the authenticity of personal data and rights to the card, the amount will be unlocked and the client will be able to use the loan.
When applying for a microloan through online services, do not forget to carefully read all the clauses of the agreement.
Application form
“Your account has been debited...” Mobile banking users may be alarmed by a familiar text if the transaction took place without their participation or desire. They wrote off money from the card without my knowledge. In such situations, the algorithm of actions begins with finding out the reasons for the write-off. They will determine the card user's next steps to get the money back.
If you did not consent to the withdrawal of money, then it happened illegally. How quickly it is possible to return the money written off from the card depends on the correctness of the actions of the card owner. It is convenient to use a plastic card when it does not cause hassle.
No consent required?
Stories of write-offs for collection of fines or duties are similar to each other: SMS about withdrawal of funds at the request of judicial authorities. Often many people do not remember or are not aware that they have a debt or a fine, so such messages are confusing.
The bailiff service enforces decisions of courts and other authorized bodies. And when you do not pay the fine on time, the bailiffs begin their work.
To avoid getting into an unpleasant situation and always be aware of your debt, contact the FSSP service, which will notify you every day that enforcement proceedings have been initiated against you. Mobile applications that “search” for debts using various databases are also convenient. The most reliable way to stay informed is the Data Bank of Enforcement Proceedings on the FSSP website.
The debt or fine can be paid on the website of the Federal Bailiff Service.
Bailiffs withdrew funds from the card
Can bailiffs write off money from a card? They can. If you think that the bailiffs wrote off money from the card unlawfully, then turn off your emotions and get ready to defend yourself.
To find out the exact reason for the write-off, go to the bank branch. If the bank confirms that the write-off was made based on the order of the bailiff, request a copy of this decision.
If the bailiffs wrote off money from your card, you should attach a copy of the decision to the application, in the text of which you refer to the fact that money was written off from your card illegally. Be sure to include a request for immediate return of the entire amount. Don't forget to take a bank statement.
The copy of the resolution will indicate the name and surname of the bailiff, as well as the territorial division of the service. This information will be useful when drawing up an application to the FSSP.
When formulating your appeal, demand the immediate return of the collected funds and the cancellation of the issued decision, according to which the debiting from the account took place.
Send the same appeal to the main department of the FSSP and publish it on the bank’s website.
You can also leave a request on the website of the Prosecutor General's Office to initiate a prosecutorial review of the bailiff's actions.
Illegal write-off in favor of loan debt
As soon as the salary arrived, the money was debited from the card. Written off to reduce loan debt. And you weren't asked. Experts say that the situation in which the illegal withdrawal of funds occurred is complex, but solvable.
Why do they write off their entire salary as a loan? It's simple. According to the law, it is impossible to recover from a loan debtor an amount exceeding half of the salary. But the system does not pay attention to this; it uses all the money received on the card to pay off the loan debt. This situation occurs when a large debt accumulates, the bank adds the client to the list of malicious debtors.
If you write an application addressed to your employer with a request to pay your salary in cash, the bailiff service has the right to oblige the director to transfer no more than 50% of your earnings to pay off the loan debt.
The second option for illegal write-off of funds by bailiffs may affect benefit recipients. For example, child care benefits, disability benefits, etc. are transferred to a bank card. The bailiff does not know that these are social benefits, and a write-off occurs. For the system, this is also just money. In such a situation, it is the fault of the bailiff, who did not find out what kind of funds they were: assets or benefits.
You need to contact the bailiff and provide evidence that it was the social benefit that was written off from the card to offset the debt. And since this is not the debtor’s money, it cannot be collected or collected at all. The amount written off must be returned.
Money was debited from the card for a fine
When, for example, it becomes known via SMS notification that money has been debited from the card for a previously paid fine, you will need to go to court.
Collect the necessary papers and copies for this. Before filing a statement of claim, you will need to make a scanned copy of the receipt confirming your payment of the fine. You must obtain an account statement from the bank and a copy of the order to write off funds from the account. This copy will contain data that will be useful for filing a complaint against the bailiff if money was written off from the card for a paid fine.
Wrongful write-off
Attackers can get to your funds from a bank card by hacking into your Personal Account in the Internet banking system or gaining access to your account through a banking application. If you realize that unknown persons have withdrawn money from your card, you need to immediately turn off the power to the means of communication used to withdraw money, i.e., a smartphone or laptop. And then block the card account by calling the bank’s hotline. Don't hesitate to write a statement to the police without a day's delay. It is also recommended to contact your Internet provider and get them to provide statistics on authorization from this device for the last three months. This will allow you to determine how your accounts were accessed.
In case of fraudulent activity, it will not be possible to return money through the bank. Refunds will only occur when the court proves that the money was withdrawn by criminals.
Funds were withdrawn from a Sberbank card
They withdrew money from your Sberbank card, but you didn’t do it. Then, most likely, the funds were stolen, so start acting immediately:
- Block the Sberbank Online application.
- Immediately call the Sberbank hotline.
- Inform the operator about the situation, and then go to the bank branch to write a statement that you consider the transaction to be unlawful.
If money was debited from a Sberbank card, the bank may not agree with your claims and refuse to comply with the requirements. You'll have to go to the police and tell them the details.
Methods of fraud
Attackers are constantly improving, coming up with new methods of theft, and it is no longer news that they withdrew money from a Sberbank card. However, the old methods continue to work, despite repeated warnings in the media. Although Sberbank plastic cards are considered one of the most secure.
Common methods:
- you are notified of your winnings;
- you are informed that your card has been forced to be blocked;
- they send you links to virus sites and programs.
Do not rush to rejoice at messages about winning. Usually the “lucky” person is asked to call a specific phone number to clarify the details. When calling, attackers try to find out the card number or card code on the back side. It is important to understand that if you yourself gave this information to the scammers, it is unlikely that you will be able to hold them accountable and get your money back.
If you debited money from your Sberbank card after talking with a bank specialist, then most likely you were communicating with a fraudster.
For some reason, the attackers, posing as bank employees, will ask you for your card number information. Although the information is confidential and no one should ask for it. Remember this, no matter what force majeure circumstances the callers refer to and no matter what financial losses they warn about.
Another common method of theft from a bank card is a message about its blocking. You will also be asked to call the specified phone number back, calling this step the only way to return the card to the current mode. And then again persistent requests to provide card details.
Therefore, be more careful about any messages containing links. Sometimes they are malicious and can be sent from a number in your phone contacts list. It’s safer to call back and find out more about the link: why did they send it to you, and does it pose any threat to your bank funds?
Store Sberbank plastic cards only in a safe place.
Sberbank cards and precautions
You can avoid unpleasant situations and not allow scammers to leave you without money by observing certain precautions that apply to plastic cards of Sberbank or any other financial organizations.
If you are a fan of online shopping, then for such purchases it is better to use a separate card, not a credit card or one to which salaries and other assets are transferred. You can use a separate electronic wallet intended only for purchases in online stores. On the card for online purchases, keep only the amount necessary to pay for the goods.
When using an ATM, be careful. Inspect the number pad to make sure it is not damaged and there are no additional devices on it. All ATMs are equipped with a camera; make sure it is working (no external damage). In case of theft, the camera will record the attacker, however, now scammers understand that it is not worth attacking the person who is withdrawing money from the card right at the ATM.
If the message informs you that a failure has occurred and you cannot use the card, and the solution is to call the phone via SMS, take your time. To check the information, dial the bank number.
If they call you and introduce themselves as an employee of Sberbank, don’t rush to take their word for it either. Listen to the information, hang up and call Sberbank.
If you change your cell phone number, do not forget to cancel the mobile banking service.
Money was withdrawn from the bank card, but the ATM did not dispense cash
The ATM did not dispense money, but money was debited from my bank card. Sometimes it happens. Typically, an error when receiving cash occurs due to a power outage or device malfunction. But how to correct the consequences of this unsuccessful technical operation?
Money can only be returned after contacting the bank. It is better to do this immediately by calling the “hotline” number, usually it is indicated on ATMs and on the card. Tell the bank specialist what address the ATM is located at, what time you tried to withdraw money, provide your bank card details and code word.
All banking transactions are saved in the bank’s system memory every minute, so it will be easy to check your information.
The bank's next step is ATM collection. When recalculating cash, a surplus will be found - an amount the size of which will coincide with the amount you specified.
To verify your words, the bank may use video from surveillance cameras.
It is possible that the bank will decide to refuse to give you money. In this case, contact the Central Bank. He will demand that the bank explain the reasons for this decision.
The police should also accept your statement. Write him by mail with a request to verify the fact of illegal withdrawal of money. You can contact the department in person. True, the problem is that the police often do not want to accept such statements, the cases of which are difficult to solve. Such actions on the part of law enforcement agencies are illegal; any citizen can demand acceptance of an application, and they cannot refuse him.
If you still receive a refusal to initiate a case, do not be upset. The document will be useful in court. You can draw up a statement of claim yourself, but it is better to do this with the help of a lawyer who will take into account all the points in each specific case. In court, on the basis of Article Eight Hundred and Fifty-Six of the Civil Code of the Russian Federation “Responsibility of the Bank for Improper Transactions on the Account,” you can count on payment of interest from the bank. And article fifteen, “Compensation for moral damage,” of the Law on the Protection of Consumer Rights gives the right to demand compensation for moral damage.
If the bank has no doubts about the correctness of your words, the money will be returned to your bank card.
Banks may consider your application for several days, but usually no more than a month.
Write-off under control
Online banks, accessible through mobile apps or computers, record all bank card transactions. The most common way to stay on top of transactions is through banking apps. Their availability and operation are possible only if you have a mobile Internet connection.
The application will notify the cardholder via SMS about outgoing or incoming transactions. Using the system is convenient because it makes it easy to control the balance of a bank card and block it in a second if necessary by the owner who has come across fraudsters with bank cards.
Mobile application services require a monthly payment of up to fifty rubles.
Is it possible to return money written off from the card?
If money is written off due to fraud, then you will have to seek a refund through the courts. And this process may not always lead to a positive result for the plaintiff. In addition, proceedings in such cases may be delayed. Legal advice may be required.
Referring to the correctness of banking transactions on the card, the bank may refuse to return the money. If the login and password, PIN code and other data were entered correctly, the bank does not care who entered them.
There must be indisputable evidence that the money was stolen from a bank card by fraudsters. For example, a money debit operation took place in an area where the card owner was not located.
How does the bank protect your card?
Fraudsters with bank cards are common today, but sometimes, due to their own inattention, a client can give them a trump card. It is no coincidence that a plastic card along with a PIN code is issued in a sealed envelope. An attacker only needs to know your card number and the special code on the back of the card.
The responsibility of banks is enshrined in the Civil Code of the Russian Federation. For example, article eight hundred and forty-five states that a bank account was created to store client funds.
Article eight hundred and fifty-four establishes the condition that money is written off only by order of the client. If the bank does not have such an order, the write-off can be carried out after legal proceedings.
Pay attention to how your bank handles customer identification. If PIN code verification is not required, this leads to a violation of the rules for identifying and confirming the data of the person who has a bank account.
If you have lost your bank card and money has been debited from it, your interests will be protected by Federal Law-161. Send a notification to the bank about the loss of your bank card. Having received it, the bank is obliged to return the money written off without the client’s knowledge.
It is better to inform the bank as soon as possible that the card is lost. The sooner you do this, the sooner your account will be blocked. The numbers to contact in case of loss of the card are written on the back of the plastic card. If later the bank card is unexpectedly found, for example, in a purse, then it can be easily returned to working mode. Usually it is enough to pay with a card for a purchase with confirmation (for example, by sending a code to your phone).
Is it legal to seize a credit card? The issue is quite controversial, on the one hand, bailiffs have every right to write off funds from the debtor’s bank account, arresting them. But on the other hand, a credit card is a loan, not the debtor’s personal funds, which means the issue of the legality of writing them off is controversial. The thing is that, according to our legislation, each credit card is linked to the corresponding account, and the bailiffs, if they have the appropriate decision, have the right to write off money from the debtor’s accounts.
Interpretation of the law
Answering the question: can bailiffs seize a credit card, it should be noted that there is no direct prohibition on such seizure in the legislation of the Russian Federation, but nevertheless, not everything is so simple. Article Art. 81, the Law “On Enforcement Proceedings”, states that bailiffs can write off money from the debtor’s accounts. But since the purpose of the accounts is a banking secret, the bailiffs send a corresponding request to the banks, which must themselves provide them with accounts from which the bailiffs can write off money. That is, the bailiffs themselves are not aware that they are seizing the client’s credit card. Usually, banks simply do not send a credit card invoice, since this is not in their financial interests, part 8 of Art. allows them to do this. 70. That is, everything depends on the specific actions of the bank, how it responds to this request from the bailiff service.
The second important aspect is that the debtor usually does not have funds in this credit account. That is, the account has a negative or zero balance, but during periods of replenishment of the account (interest payments, etc.), the money is not immediately written off by the bank and during this period the bailiffs can seize the funds; in practice, such a scenario is rare, but nonetheless.
Therefore, the answer to the question: can a credit card be seized will be positive.
Such cases have occurred in practice; lawyers advise in this case to do the following.
- Inform the bailiff that this card is a credit card.
- Wait until the seizure on this card is lifted.
Usually, since the funds on such a card are bank funds, the accounts are unfrozen, and the bailiffs no longer write off these accounts. There is a similar story with the accounts to which maternity financial assistance for feeding the child will be transferred.
Can bailiffs seize a credit card?
Read here how to choose and apply for a credit card online.
If the court decides to block or write off your funds to pay debts, then bailiffs can seize all your bank accounts. What happens to the account to which the credit card is linked? Do they have the right to block this account too? And what happens to the money that is there? We will talk about all this further.
Credit cards have long been firmly established in our lives, after all, they provide their owner with many useful functions, in particular, convenient payment and the ability to make purchases on credit without accruing interest (if you meet the grace period). However, while there are advantages, there are also disadvantages that may arise in the event of force majeure situations.
In the event that you have credit debt. which has not been repaid for a long time, the creditor bank has the right to sue you and, in court, demand that you fulfill your obligations under the agreement. In 90% of cases, the court sides with the bank, because he fulfilled his duties - he provided you with funds, but the client avoids returning it.
How can you be forced to repay a debt? This is done through bailiffs. who are endowed with a fairly large list of powers. All of them are described in detail in the Federal Law “On Enforcement Proceedings”.
The first thing the bailiffs do is block all the debtor’s bank accounts. To do this, they send requests to banks. Information about accounts is a bank secret; information about them can only be obtained by court decision.
Read also: Time limit for initiating enforcement proceedings by a bailiff
And if everything is clear with debit cards, then what about credit cards. The law does not explicitly indicate a ban on blocking them, so theoretically bailiffs can block a credit account.
Banks provide information about their clients' accounts only upon request from the court. As information, bailiffs receive account numbers from which they have the right to write off money.
But in fact, the purpose of the accounts is unknown to the bailiffs, so they are not aware that they are writing off money. Since the provision of a credit account does not satisfy the interests of the bank, they may not provide this account; however, employee errors or technical defects occur, due to which information about the credit card may also end up in enforcement proceedings.
It turns out that whether the performers receive information about the account or not depends on the bank’s response. Even if the information has been used, they will not be able to write off money from there, since most often the card balance is negative or zero.
In practice, they can debit funds from a credit card only at the time of replenishment. when a client pays off a debt to the bank. After replenishing the card, the banking system does not immediately write off the funds against the debt, so the money can be seized by bailiffs.
In addition, some companies allow their clients to hold not only borrowed funds on their cards, but also their own funds. And if there is also your money in excess of the limit allotted to you from the bank, then it can definitely be seized.
Despite the fact that such cases are rare, they still happen in life. In this case, you should immediately inform the bailiff that the funds on this card are credit, then this account can be unfrozen.
What to do if the bailiffs seized a credit card?
- First, ask the lender for a certificate that the card is not a payment card, but a credit card, as well as the terms of the loan - an agreement, documents on the existence of debt. All papers must be provided to the bailiffs.
- Learn the rights and responsibilities of bailiffs so that during a meeting with them you can stop any violations of the law. This information is presented in the Law “On Enforcement Proceedings”.
- Contact the bailiffs, find out the reason for the blocking and write an application to unblock the credit account. The application will be accepted for consideration if you agree on how you will repay the overdue debt, discuss the terms and amounts of payments. A credit broker can provide real assistance in this matter; read more about his activities here.
- After the arrest is lifted, provide the bank with a document confirming this.
If you cannot reach an agreement with the bailiffs, contact the court with a request to cancel the writ of execution. In this case, it is advisable to attach documents confirming that you are right: proving that the seizure of the account prevents the making of mandatory payments or causes other damage to the card holder.
Funds are not transferred to a blocked account. Therefore, you can do the following:
- ask the bank for an additional invoice for payment
- make payments exclusively through the cash desk of a financial institution
- make payment through a notary deposit.
Additionally, we suggest that you read this article. where we talk about how to properly sue the bank regarding your loan.
Can bailiffs write off a debt from a credit card (cm)?
They can seize a credit card (credit account) and the amount on them will be blocked up to the amount of the debt. If this amount turns out to be insufficient, then the accounts are blocked for debit transactions on them. The bailiff is not required to know which category the account belongs to. He makes inquiries to banks, and if he finds the debtor’s accounts, he seizes them. Naturally, the actions of the bailiff are disputed. To do this, the debtor must come to the bailiff and write a petition to remove the seizure from credit accounts. Sometimes this process drags on for several months. Alas. By and large, blocking of credit accounts is the fault of the bank, which hid from the bailiff the information that the account is a credit account. The bank, as you understand, is profitable, but the bank employees do not think that by doing so they are plunging the debtor into an even greater debt hole, and that if the debtor has gone to court with another bank, then most likely , he really is experiencing financial problems. And his next step will be that he will stop paying this bank, which allowed the arrest of the credit card, or rather, the account linked to this card (the account is blocked). In the overwhelming majority of cases, Sberbank allows such things. At the same time, he refers to the law that he has no right not to provide the bailiff with information on the debtor’s accounts if an official request has been received from the bailiff. Such a law actually exists. But the bank is obviously disingenuous, since it has the right to inform the bailiff that the credit card account and the money on it do not belong to the debtor, but belong to the bank. But for some reason, banks often “forget” to provide this information.
Read also: Do bailiffs have the right to withdraw money from a pension card?
Bailiffs cannot write off a debt from a credit card. Debts are collected either from income or from property and funds located in the debtor’s personal accounts. Since the money on the credit card is not yours, but the bank’s, they cannot collect it, otherwise it turns out that the bailiffs imposed a penalty on the bank’s funds, and not yours.
Take information from the bank that the account is a credit account and present it to the bailiffs with a written statement, since bailiffs, as a rule, do not understand the purpose of the accounts or whether they are credit accounts. Write a statement to the bank, since it is rather the fault of the bank, not the bailiffs; the bailiffs, by and large, don’t care at whose expense the debt will be repaid and they simply ask what accounts are available in your name. But the bank turns out to have hidden the information that the account is a credit account and not a debit one, in order to make a profit in the form of interest, despite the fact that you essentially did not borrow from the bank. Deal with the bank and demand information on what basis the money was transferred. And tell the bailiffs that no regulations can force a person to take out a loan, which essentially happened without your knowledge.
No, they don’t have the right, they only have the right to seize the card on which the salary is received and then 50% of the salary monthly. This person needs to contact the management at the place of work of the bailiff who is executing the court decision with a complaint about abuse of power bailiff, if everything remains unchanged, you need to go to court and, guided by Articles 16, 125, 1069, recover from the bailiff all damages, both moral and property.
Can a bailiff seize and withdraw money from a credit card?
The bailiff wrote off all the money from my credit card, coming to her and saying that it was a credit card and there was no money on it, because the limit on it was 30 thousand and at that time there was 28 thousand money on it, I received an answer from the bailiff that she should I don’t care what kind of money there was, the essence of the question is whether it is legal to withdraw money from a credit card, and whether it is possible to return it back
Lawyers' answers (4)
Your question is not entirely clear; more precisely, it is physically impossible to write off money from a credit card (only from a debit card). Another question is if the money was withdrawn while you were depositing it on your credit card (which is also unlikely). In any case, if the bank transferred money from a credit card by order of the bailiff, then write a complaint to the management of the bank and a claim against the bank in court (since in fact the bank, without your will, transferred credit funds to your account, which the bailiffs then wrote off)
The grounds for writing off funds from the account are defined in Art. 854 of the Civil Code of the Russian Federation - in addition to the client’s order, debiting funds on the account is permitted by a court decision, as well as in cases established by law or provided for by an agreement between the bank and the client.
If a citizen has a loan debt to a bank, and money has been written off, for example, from a salary card, then it is worth looking into the loan agreement and seeing what is written in it. Most likely, it contains a clause on the direct debiting of funds from any client account against the loan debt. This provision is persistently included by banks in the loan agreement, despite the fact that it contradicts the Regulation of the Central Bank of August 31, 1998 N 54-P “On the procedure for the provision (placement) of funds by credit institutions and their return (repayment)”, in accordance with clause 3.1 of which the debit of funds from the borrower’s accounts must be his written order.
Rospotrebnadzor has repeatedly held banks administratively liable for including this clause in loan agreements, which infringes on consumer rights. The position of the Arbitration Court on this issue is similar. “Directly debiting funds from customer accounts to repay debt under a loan agreement is permitted exclusively in relation to legal entities. Direct debiting of funds from the accounts of individual borrowers is not allowed,” from the decision of the Arbitration Court of the Tver Region on a complaint by a commercial bank about the Office of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare.
If funds are written off in the absence of grounds established by Art. 854 of the Civil Code of the Russian Federation, then the bank’s actions can be appealed in court by filing a statement of claim according to the rules of Art. 131-132 Code of Civil Procedure of the Russian Federation.
Before going to court, you should file a claim with the bank demanding that the funds in the account be restored. Filing a claim will make it possible in court to recover from the bank, in addition to funds and interest for using them, also compensation for moral damages and a fine in favor of the consumer in the amount of 50% of the awarded amounts.
To collect a debt, the bank must apply to the court with an application for the issuance of a court order or with a statement of claim to collect the debt on the loan. When applying, banks often ask the court to seize property up to the amount of the debt, which is carried out on the basis of a court ruling that is subject to immediate execution. Seizure of account funds does not allow them to be disposed of, but does not entail their write-off, since the purpose of the seizure is to ensure future collection.
Debiting funds from the account is possible only by a court decision that has entered into legal force, or on the basis of a court order issued to the creditor, since in this case enforcement proceedings are initiated. It is within its framework that the bailiff has the right to issue a resolution to foreclose on the funds in the debtor’s account. The debtor has the right to appeal the decision to the senior bailiff and (or) to the district court under Art. 441 Code of Civil Procedure of the Russian Federation.
In accordance with Art. 9 of the Federal Law “On the National Payment System”, the bank is obliged to inform the client about the completion of each transaction using an electronic means of payment by sending the client a corresponding notification in the manner established by the agreement with the client. Typically notification occurs via SMS or email.
A citizen can find out on what grounds funds were debited from an account by contacting the bank with a corresponding application. Banks are required to provide this information in accordance with Art. 10 of the Law of the Russian Federation “On the Protection of Consumer Rights”.
The bailiffs, in turn, must also inform the debtor that enforcement proceedings have been initiated against him. However, often this information does not reach the addressee, since the debtor does not live at the place of official registration, or the notification was sent to the wrong address. However, you can always check your debts in the database of enforcement proceedings on the website of the Federal Bailiff Service.
Federal Law 229 “On Enforcement Proceedings” (Article 101) establishes the types of income that cannot be levied against. This list includes, for example, child benefits. Amounts of money paid as alimony, maternity capital funds, etc. cannot also be recovered. A complete list can be found in the law.
However, it often happens that funds are debited from the account to which this particular money is transferred. The fact is that bailiffs, when foreclosure on a bank account, do not always know exactly what funds are being transferred to it. Therefore, if the write-off affected income that cannot be levied, we advise you to contact the bailiff service to cancel it. You can also appeal the penalty in court.
