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Publication date: 29.04.2024
lawyer, 23 years of experience in enforcement.
The Law of Ukraine "On Enforcement Proceedings" provides for the order of enforcement of the debtor's property.
According to executive documents on the collection of funds, the executor first of all applies for collection on the debtor's funds in national and foreign currency, other valuables, including funds placed on the debtor's bank accounts.
One of the enforcement measures of the decision is the seizure of the debtor's cash.
The debtor's cash funds can be discovered by the executor during the inspection of the property status, namely: during the description and seizure of property at the place of residence of the debtor - a natural person, or the place of residence - a legal entity.
Cash withdrawal procedure:
When the debtor finds cash, the executor draws up a resolution on the description of the debtor's property (funds);
Cash funds are withdrawn, in confirmation of which a certificate of withdrawal of cash is drawn up, in the required amount;
Importantly! Withdrawal of cash is carried out in the presence of two witnesses.
The withdrawn cash is credited by the executor to the appropriate account of the state executive service body or private executor no later than the next day; (a copy of the confirming document must be attached to the cash withdrawal act)
Requirements for drawing up an act of withdrawal of cash:
full name (surname, first name and patronymic) of the person from whom the cash was withdrawn;
amount of money withdrawn (in numbers and words);
the name of the currency, its amount, denomination of bills.
No corrections, crossing out of sums, dates, names in the act are allowed when drawing up the certificate of withdrawal of cash.
I pay attention! Expenses related to the crediting of funds to the relevant account of the executive service department or private executor (bank commission) are the expenses of the enforcement proceedings and are covered by the funds seized from the debtor.
At the same time, the Law of Ukraine "On Executive Proceedings" provides that the funds to be transferred in favor of the state, in the absence of costs of executive proceedings or other charges, can be transferred to the State Budget immediately, and the executive fee to the appropriate account of the department of the state executive service.
A bank receipt for the receipt of funds, or another document confirming the deposit of funds to the relevant accounts, is attached to the act of withdrawal of cash and is attached together with the act to the materials of the executive proceedings. The absence of such a document in the materials of the executive proceedings is unacceptable.
It should be remembered that in accordance with the list of property that cannot be levied on executive documents, it is stipulated that the debtor and his family members must leave the money necessary for the purchase of supplies of drinking water and food for the debtor and his family members and dependents - based on the calculation of three times the minimum wage effective on the day of collection, for each person.
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