When a credit borrower fails to meet its obligations, the financial institution goes to court, during which a decision can be made to confiscate the property of an unscrupulous borrower. There are cases when third parties suffer in such proceedings between the lender and the borrower.
If the court decides to pay damages, bailiffs are granted permission to conduct an inventory of the property. When visiting the home of a credit debtor, all property that can be sold to compensate for the financial losses of the lender falls under the inventory. Any items can be included in the list of property that can be confiscated.
Bailiffs during the inventory do not listen to the debtor and make lists of all the property and all because he can call the property that has a significant value, someone else’s only to protect it from confiscation. Such specialists are not required to deal with what and who owns the property, they need to make a list of items, the sale of which will allow you to repay the debt to the lender.
Bailiffs, when conducting an inventory of property, always adhere to certain rules and do not have the right to violate current legislation. If money was found during the investigation of the borrower’s housing, it is described first. Among the pre-emptive values that are confiscated in the first place, including real estate, but not in the case when the property is the only object in the possession of the debtor and he lives in it.
The bailiffs ‘ inventory may include collectible coins, paintings, antiques, and jewelry. Their inventory can be made only after the assessment of an expert who can determine the value of such property.
No one wants to agree to the confiscation of their own property on account of someone else’s debt, and this does not need to be done. The owner of the wrongly described property will not be able to simply take it away, and yet it will be possible to return it, although it is not quite easy. To take the property that was described by bailiffs for someone else’s debts, you will have to go to court. You should file a claim with the district court at the place of residence of the debtor, in whose housing someone else’s property was described. The claim is drawn up in a certain form and it must clearly indicate the reason for applying to the court and what exactly the person wants to get in the end.
In such court proceedings, a person who wants to withdraw from the inventory of their property acts as a plaintiff. The defendants in this situation are both the debt collector and the debtor. There is also a third person-a bailiff who was engaged in the inventory of valuable property. To the statement of claim, the plaintiff adds documents that are proof that the property described in the debtor’s housing does not actually belong to him, but is the property of the plaintiff.