APPLICATION for the seizure of the property of the Respondent

[Адвокат]

APPLICATION for seizure of the property of the Respondent

AT _____________________
(court name)
Referee _________________
(Name of judge)
from
____________________,
(Name of Claimant)
Applicant residing at:
_________________________________
(Claimant's address, telephone numbers)

Respondent: ___________________
(Full name or name of the organization of the Respondent)
_________________________________
(address, phone numbers)
APPLICATION
on seizure
on the property of the Respondent

I ask in accordance with Art. 140, 141 Code of Civil Procedure of the Russian Federation as a measure to secure my claim for ____________ (about which a claim, for example, to recover lost profits) to _________________ (full name or name of the organization of the defendant) to seize the property of the defendant:
- car ___________ (make, model, state registration mark);
- land plot with a residential (or garden) house located on it, located at: __________________
- funds in the current account of the defendant:
r / s No. __________________________________ at the bank ________________________ (name of the bank) ________________________ (address of the bank),
in the amount of _________________ rubles __ kopecks (the entire amount of claims, including reimbursement of expenses for the Representative, compensation for non-pecuniary damage)

“__” __________________ 200__
______________________ / Name of Claimant /

 

[Адвокат]

It is recommended that a request for seizure of the Respondent’s property be submitted at the end of the trial, when the positive outcome of the case is already clear, as according to Article 146 of the Code of Civil Procedure of the Russian Federation, "The defendant, after the court ruling has been denied, has the right to sue for damages caused to him by the measures to secure the claim, taken at the request of the plaintiff." Those. if the court refuses to satisfy your claim, you may be obliged to compensate the defendant for the losses that he incurred in connection with the seizure of his property.
According to Article 146, “a judge or a court, while admitting security for a claim, may require the plaintiff to provide security for losses possible for the defendant.” But in practice, as a rule, courts do not require such security, and this can be used.
According to Article.140 Code of Civil Procedure of the Russian Federation, paragraph 3 "measures to ensure the claim must be proportionate to the claim made by the plaintiff." That is, if you demand 5 thousand rubles, the judge will not seize the apartment, car, other property, the cost of which clearly exceeds the cost of claims. However, you can apply for the seizure of funds available on the Defendant's account in an amount equal to your claim.