Recently, officers of the bailiff service have intensified their activities in order to seize vehicles from citizens to repay their debts to banks, public utilities, state bodies or other claimants. Sometimes the bailiffs conduct their raids on the roads together with the traffic police officers. After all, a car as movable property is easier to remove from a debtor than his apartment or household appliances.
Moreover, the car can be withdrawn and sold at auction not only for the debts of its present owner, but also to pay off the debts of its previous owner . Advisers from Moscow got into such a situation. He bought his car from a friend. He did not check the vehicle for finding him under arrest. To register the car in the traffic police he was dissuaded by the seller. And that the car could be confiscated for the debts of another person, he learned only a few months later after one of the successful raids of bailiffs .
How to behave a person in such a situation?
Firstly, we note that some experts became an offender, without registering the purchased car within 10 days after the transaction . If he acted according to the law, then at least he would have learned about his problem much earlier. And secondly, we allow ourselves first to give advice on how to act “before”. And before you make a deal and settle with the seller, you had to make sure that the car was not seized. Check it out simply in the traffic police or on the website of the bailiff service . And you need to do this, as you already understood, even if the seller is your friend. If you found out that the car you like is under arrest, give up the pending deal.
But what if you still make a mistake, and the car you purchased is taken away for the debts of another person? Here the actions of the buyer depend on when the vehicle was seized.
If the bailiffs imposed a penalty on the property of the debtor after he sold it to another person
the new owner may apply to the court with a request to lift the arrest . There he will have to prove that he is a bona fide purchaser and does not have a willful agreement with the seller. With high probability, the court will remove the arrest from the car. The case will be limited to months of legal proceedings, the temporary inability to use the machine purchased and the loss of a large number of nerve cells. You may still have to pay an administrative penalty for driving a vehicle that is not properly registered.
But if it turns out that the arrest of the car was imposed before the conclusion of the contract of sale , the purchased car will be sold at auction . The proceeds from its sale, will go to repay the debts of the previous owner. After all, he had no legal right to alienate property under arrest.
In this case, the buyer will only have to go to court with a claim to declare the transaction illegal and to return the money paid to the seller . The court is likely to rule in his favor. But will a person get all his money back?
What amount was specified in the contract
If the amount of the transaction was underestimated (and this practice for various reasons is very common), the court will decide on the return of the amount specified in the contract. To document how much money was actually transferred from hand to hand, it will be very difficult for the buyer.
A lot solves the solvency of the defendant
If it came to the fact that bailiffs sell a person’s property to pay off his debts, it’s hard to expect that he will be able to return the money for a car that was once sold. Return the funds to the plaintiff will take the same bailiffs. The buyer will have to rely, at best, on deduction in his favor of a part of the defendant’s wages. The money paid for the car will be returned for a very long time, with interruptions and small portions.
Be careful when concluding large deals!