How to remove the arrest from the property?

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How to remove the arrest from the property?

09.11.2023 18:40 434

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Photo of lorina200215 Lorina Fedan

If you have learned that your property has been seized, you must obtain an extract from the unified register of the prohibition of alienation of real estate, which will indicate the document on the basis of which the seizure was imposed. You can get such an extract online or by contacting a notary public.

If you do not agree with the actions of the executor regarding the seizure of your property, you have the right to appeal to the top management of the State Executive Service with a complaint about the decision of the executor regarding the illegality of the seizure of property. The application should substantiate the illegality of the imposed arrest or indicate the existence of legal grounds for its removal, adding supporting documents. According to the submitted application, the executor can remove the imposed seizure, or refuse, indicating the reasons in a written response to the appeal.

The debtor has the right to apply to the court with a claim for the removal of the seizure from the property or with a complaint against the actions of the state executor.

The following shall be attached to such a statement of claim or complaint:

  • Receipt for payment of the court fee;

  • A copy of the applicant's identification documents;

  • Covering letter from the department of the state executive service and the resolution of the state executive on imposing a seizure on the debtor's property;

  • Certificate of open account, account assignment;

  • Clarification of the executor regarding the impossibility of removing the seizure from the debtor's property;

  • Certificate from the place of work/ pension certificate/ MSEK certificate on disability.

They also add other documents justifying the right to remove the arrest or confirming the actions of the executor in violation of the law.

09.11.2023 20:18

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