Often, the first vehicle motorists acquire "with it." In such cases, it is necessary to show maximum attention and caution in relation to the current transaction. A prerequisite is to conduct all sorts of checks that can demonstrate the legality of the purchase.
Fraudsters may come across among the sellers, so we recommend checking the car for an arrest by state number. For this procedure, simple algorithms are used. In this case, the owner does not even have to remove cars from the register. In certain cases, the buyer may face undesirable factors, for example, the car is included in the base of the arrested vehicle.
- 1 Current regulations
- 2 Arrest for debt
- 3 Data entry
- 4 Problems with the arrested car
- 5 Ways to check
It is worth knowing whether the car is arrested. The procedure of arrest is carried out on the basis of established regulations:
- a vehicle of citizens with financial indebtedness falls under such sanctions (Law on Enforcement Procedure, Article 80)
- problems will arise when tax obligations are not paid (Article 77, Tax Code of the Russian Federation);
- in the course of the execution of civil claims for the execution of a judgment of a judicial sentence (Article 151 of the Criminal Procedure Code of the Russian Federation);
- when the procedure for importing a vehicle from abroad is violated, there is no transfer of tax duty or customs duty to the budget, the prohibited goods are imported (Law on Customs Regulation of the Russian Federation).
Actual vehicle check for the arrest of traffic police is able to identify the reasons not only associated with the vehicle, but also with the driver. In most of these situations, the Administrative Code is connected:
- The removal of the driver from the management of the vehicle when detecting his intoxication. The car is sent to the penalty area, and a fine is imposed on the car owner (Article 12.8 part 1).
- When identifying the management of a vehicle without a license, the car can be sent to the penalty area, and the driver will be obliged to pay the amount established by law (Article 12.7h.2).
- Failure to comply with the rules of parking or stopping may be punished by detaining a vehicle (art.12.16 h.5.6).
However, in most of these cases, the driver can return the car on the day the sanctions are imposed. It is enough to pay for towing services and pay off the fines.
Arrest for debt
The most frequent negative burden during transactions with cars is the court’s arrest of movable property for outstanding debts. This is done after the owner is recognized as a debtor. The reasons are as follows:
- Confirmed debt to another individual. It is necessary to have documentary evidence of the established amount during the trial.
- There is a debt to a banking institution (consumer credit, etc.). When financial institutions do not have the opportunity to negotiate with borrowers, a statement of claim is drawn up. Most often, judges use such a measure as arresting a property of a debtor.
- Financial obligations arise to government agencies. The property of a citizen is arrested by decision, for example, of the customs service. This happens when the vehicle is incorrectly imported into the Russian Federation.
Important! The vehicle may be pledged to a bank or other organization.
Such cases do not always go to court, as the parties seek to resolve the issue without the involvement of third parties. The way out is often the situation:
- prolongation of the contract;
- interest-free holidays;
- restructuring or delay;
The debtor can return the full amount, and after that the creditor undertakes to remove all claims. Otherwise, the car will be withdrawn and after a short time it will be put up for a pledge auction. The funds received go on repayment.
The law on enforcement proceedings allows the use of an algorithm for a car:
- the court decides on restrictive actions in relation to the car;
- the document is redirected to the traffic police;
- a copy of the lawsuit is sent to the claimant;
- the car is transferred for sale;
- The proceeds are credited to the established account.
All acts issued at this time are transferred to bailiffs. They indicate the real condition of the vehicle with a description of possible defects or damage.
Before finding out whether the car is under arrest or not, it is necessary to determine the place where such information is centrally drained. Traditionally, data is entered into a single database of car numbers, which is administered by the traffic police. Certified documentary copies of the arrest deed are sent not only to the road inspectorate, but also to bailiffs.
The current database includes data exclusively on those vehicles for which decisions have already been made, and a full request for entering information has been submitted to the traffic police. Until the final decision does not exist, data on cars are not published.
Problems with the arrested car
It is necessary to take into account that there is a legal summer search between the arrest of a car and the established restrictions on registration actions. During the arrest the driver can not be allowed to drive the vehicle data. By restriction, bailiffs introduce the rule of law, which is relevant if it is impossible to timely arrest.
В процессе заключения сделки необходимо грамотно подойти к оформлению и составлению договора. Если нет полной уверенности в легальности авто, то стоит подумать, how to check the car for arrest in the traffic police. Ведь госорганы вправе отказать в перерегистрации машины, если она находится в «подвешенном» юридическом статусе. На результат не повлияет даже факт передачи полной суммы за авто продавцу.See also: Directions of roundabouts: traffic rules
Ways to check
The most popular options are checks through the traffic police base or from the bailiffs. You can quickly punch a car for the arrest of bailiffs, because this service is engaged in the implementation of court decisions. This service collects current information on current regulations. For information, you must submit an official request from an individual. In response, the staff provide detailed information about the vehicle, including the presence / absence of arrest and the possible causes of this event.
From the traffic police data can be obtained in two ways. Each option depends on how you applied to the state agency: personally or via the Internet. The request must specify the following parameters:
- assigned state number of the car;
- make and model of the vehicle;
- up-to-date information on the VIN code or other valid marking.
When accessing the Internet, you will need to go to http://www.gibdd.ru/. In the upper part, select the button with the signature "Car check". Next, fill in all required fields. In the presence of existing restrictions, the service will immediately issue information.
It should be noted that the virtual service can work with some time delay, since it takes some time to transfer data from the bailiffs to the traffic police service. If the arrest has occurred recently, then the information may not yet be entered in the database. It is recommended to pause for several days and re-check online to have accurate information.