police Officers have no right to indiscriminately write off the money from the Bank accounts of debtors. This position was made by the Supreme court. The high court concluded that the officers of the court supposed themselves to find out what kind of funds are on the map or in the contribution of the citizen.
As it became known “MK” in VS with the complaint of the inhabitant of Orenburg. The man owed more than two million rubles. The bailiffs received the writ for this amount and got to work. To find Finance debtor did not last long: he had opened a Bank account. Bailiffs sent the documents to the Bank, and that without question credited. The bailiffs were not to find out what the money in the account. It turned out that part of the funds, more than 120 thousand rubles – this is a monthly payment from the state that the debtor received as a combat veteran. By law to deduct such money on account of repayment of debts is impossible. Annoyed citizen filed a lawsuit against the police officers. However, the judges in first instance and in appeals sided with the FSSP. According to the judges, the bailiffs have no obligation to investigate the source of funds to the account of the debtor and the appointment of money. As mentioned in the decisions, a citizen must give advance notice to the bailiff that some part of his finances is inviolable. However, the Supreme court came to the conclusion that the lower court improperly allowed argument. As stressed by sun, neither the national nor the Bank is not required to report to the bailiffs about the origin and purpose of money in the account. To find out how much of this funding can be attributed, and what should be left alone, was obliged bailiff.
