So, the court held, the decision was announced, the writ of execution was issued, and what happens next. You understand that you are a debtor and you will have to repay your property for repaying the debt. How to evaluate it? What exactly will be included in the list of property to be assessed? How the bailiff should behave, carry out the spruce with you and your property? Let’s look at it in order.
A number of executive actions include mandatory assessment of the debtor’s property.
Federal Law No. 229-FZ of 02.10.2007 “On Enforcement Proceedings” provides for the assessment of the debtor’s property in enforcement proceedings at market prices.
What is the market price of the debtor’s seized property and how is it determined?
This price, in determining which the property of the debtor can be alienated on the open market in a competitive environment. The market price of the property in the enforcement proceedings is determined by its determination by the bailiff himself – the executor and / or by the involvement of a qualified appraiser.
Is it possible to assess the arrested property of the debtor by the bailiff- executor himself without the involvement of an appraiser?
Yes, it is possible. Only in this case the appraised property is subject to appraised value not exceeding 30,000 rubles
From the moment of seizure of the property of the debtor, the police officer collects the information, analyzes the documents, and makes economic calculations, where the result is the issuance of the resolution on assessing the property of the debtor with the determination of the market value of the property necessary for its implementation.
What does it include collecting information and analyzing documents?
Collection of information on the documents provided is the definition by the bailiff- performer of the detailed characteristics and completeness of the property and its components, the very condition of the property and its location.
Economic calculations are made by the bailiff in conjunction with similar property, by monitoring and comparing them on the basis of information published by the Federal State Statistics Service, trading houses and exchanges on the results of the sale of property seized by bailiffs, as well as information provided by the producers of goods.
The result of the comparative analysis of the object of valuation, taking into account the adjustment of the value of the property, is a resolution on the valuation of the property, indicating all the information about the property of the debtor.
However, the assessment made directly by the bailiff- executor may be appealed by the parties to the enforcement proceedings or challenged in court. Otherwise, if the parties to the enforcement proceedings do not agree with the results of the assessment carried out by the bailiff, the appraiser is appraised for evaluation on the basis of the concluded contract for the provision of services for appraising the seized property.
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In which cases is it necessary to involve an appraiser to assess the debtor’s seized property?
In the enforcement proceedings there is a time limit of one month, from the day of the discovery of the debtor’s property, when the bailiff-executes the spruce is obliged to attract the appraiser, i.e. The law stipulates the duty to meet this deadline, and not the right. The grounds for attracting the appraiser are provided for in Article 85 of the Federal Law “On Enforcement Proceedings”.
In this case, the bailiff will execute the spruce in the act on seizure, with the list of the full inventory of the arrested property, indicate the approximate value of the thing and make a note about the preliminary nature of the assessment. Further, the bailiff issues a resolution on the participation of a specialist in the enforcement proceedings with the inclusion of information about the person involved in determining the value of the arrested property and about preventing this expert (appraiser) of the established legislation from liability for refusal, evasion of giving an opinion or giving a knowingly false conclusion.
For the assessment of the legislation, a time limit of 10 calendar days is provided, with the receipt of documents and information required for the assessment, and in case of need for an inspection – from the day of inspection of the evaluation object.
From the date of receipt of the appraiser’s report, the law establishes a period of three days during which the bailiff-executes a fir makes a decision on the valuation of the property, indicating information on the market value of the property, and the bailiff-executes a decision to recover the costs of performing executive actions, according to the norms of the Federal Law “On Enforcement Proceedings”.