Can bailiffs take away a refrigerator and a washing machine?

Can bailiffs take away a refrigerator and a washing machine? If the current debt is not repaid for a long time, accumulating fines and interest, then sooner or later the case will be considered by the court, and bailiffs will come to the house. Then the difficult financial situation will worsen: in the presence of witnesses, FSSP employees will begin to evaluate the property and draw up an inventory of it. The size of the disaster is proportional to the “accumulated” debts and the value of things. In order not to give away “excess,” you need to understand the law and determine the boundaries of what is permitted. Let's find out whether the bailiffs have the right to take away the refrigerator and washing machine, as well as dishes and other vital things.

Lawyer's explanation

Like all servants of the law, bailiffs, when making an inventory of the defaulter’s belongings, are guided by regulations and norms. They have no right to break into an apartment without witnesses and a writ of execution, to describe and remove valuables. Moreover, some property under Art. 446 of the Civil Code of the Russian Federation cannot be arrested at all. The latter property includes 9 items.

Residential premises or a share thereof. If for a citizen and his family this property is the only available living space. The only exception will be an encumbrance placed on an apartment or house, according to which the square meters are collateral for a housing loan or collateral for a consumer loan.
Land plot. Rules similar to residential real estate apply here. If the land is registered as collateral for a loan or mortgage, then the ban on the inventory is lifted.
Home stuff. Lawyers do not have the right to describe personal items, towels, shoes, frying pans.It’s another matter if there are valuables, jewelry and other luxury at home - the FSSP can arrest them.
"Professional" property. This includes items that the debtor needs to continue his profession - an easel for an artist or a piano for a musician. The main thing is that the cost of such property should be less than 100 regional minimum wages.

The procedure for inventorying property by FSSP employees is regulated by the Constitution, the Civil Code of the Russian Federation and a number of federal laws and regulations.

"Economic" property. This group of property includes animals, deer, poultry, feed, as well as outbuildings, if they are needed for keeping and pasturing livestock. One condition is that everything mentioned should not be associated with entrepreneurship and profit-making.
Seeds and garden tools required for the next sowing.
Food and money. It is important that the amount of cash is less than the regional subsistence level, both for the defaulter and for his dependents.
Fuel required for cooking and heating living space.
Means of transportation and other devices necessary due to limited physical abilities.
Prizes, state awards, orders, medals, memorial signs issued in the name of a citizen.

According to the law, there is no prohibition on the inventory of household appliances - the regulations do not contain a list of units that are not subject to penalties. But the lawyers are unlikely to take it away either. FSSP employees explain that now refrigerators and stoves are classified as home furnishings, since without them food in apartment conditions is impossible. Washing machines are also rarely confiscated, especially if small children or other disabled people live in the house.But everything is purely individual.

How do bailiffs act in practice?

If the debt is not covered, and there is no “significant” property and savings, then the servants of the law have no choice. In such a situation, bailiffs are forced to walk around the apartment and describe all the valuables. The list may include, among other things, household appliances and electronics: from an electric kettle and blender to a washing machine and refrigerator. But the FSSP is unlikely to remove the seized property from the house - more often the described things remain with the debtor under the latter’s personal responsibility.

They are freely used by household members in everyday life, motivating them to pay off a loan or other debt. If payments are continued to be ignored, the thieves will have to file a full penalty.

Seized property often remains in the use of the debtor, motivating him to repay the debt as quickly as possible.

The debtor has the right to challenge the arrest imposed by the bailiffs in the established court order. Moreover, this procedure does not involve any fees - everything is absolutely free. However, you must be legally literate or have the support of a lawyer. In reality, debtors are at a loss in the presence of bailiffs and witnesses. Especially the elderly, needy and incapacitated citizens. They are unable to stand up for themselves, allowing the FSSP to remove refrigerators, washing machines and other vital equipment. There is only one way out - to study the law and your rights, because forewarned means protected.