One of the cases of seizure of property that enables the convicted person or the person in whose favor the judgment has been issued to enforce the judgment and collect his claim is the seizure of cash in the bank and the vehicle of the convicted person or the debtor.
Seizure of property is to prevent the transfer and sale of property belonging to the convicted person so that the proceeds of their sale can be used to collect the convicted person’s debt and also the costs of enforcing the judgment, which is called the state’s half-tithe, in order to enforce the judgments. If a seizure of property has been issued, the property cannot be sold or registered in the name of another person.
Seizure of property is to prevent the transfer and sale of property belonging to the convicted person so that the proceeds of their sale can be used to collect the convicted person’s debt and also the costs of enforcing the judgment, which is called the state’s half-tithe, in order to enforce the judgments. If a seizure of property has been issued, the property cannot be sold or registered in the name of another person.
Seizure literally means to detain and keep in a place. Seizure of the property of a convicted person is the seizure of the assets of a person against whom a judgment has been issued.
○ Obtaining a property seizure order from registration enforcement
In order to obtain a property seizure order from registration enforcement, the debtor or creditor must refer to the registration office and request the filing of an enforcement file. After the filing of an enforcement file and notification of the enforcement to the debtor and after ten days have passed since the notification of the enforcement, the creditor can request that the debtor’s property be seized. Upon the creditor’s request, an order for seizure of property is issued and the amount of the claim is seized from the debtor’s property.
○ Obtaining a property seizure order from court enforcement
The method of obtaining a property seizure order from court enforcement depends on the factor of the stage at which the seizure request is submitted to the court. This request can be submitted before the issuance of a final judgment or at the stage of execution of the judgment and in relation to the seizure of the property of the convicted person.
first, whether the defendant, petitioner, or creditor is able to present assets from the property of the defendant, respondent, or debtor.
Second, what assets are being seized, including the seizure of the property of the defendant.
● Security seizure Security seizure
(literally, security means to provide security and assurance.) After the court ruling is issued and the convicted person is obliged to pay his debt, an executive order is issued to him, according to which the convicted person must implement the orders issued in it for 10 days.
However, during this 10-day period, there is also a possibility that the convicted person will transfer his property to someone else or destroy or hide it in some way and claim that he does not have the power to pay the debt. In these circumstances, the convicted person (the person in whose favor the judgment was issued) can present the convicted person’s property to the court and request the court to seize the property. This type of seizure is called security seizure or sometimes precautionary seizure.
Article 34 of the Civil Execution Law: As soon as the execution order is notified to the convicted person, the convicted person is obliged to execute its provisions on time within ten days or to arrange for the payment of the execution order or to introduce funds that will enable the execution of the judgment and the satisfaction of the convicted person. If he does not consider himself capable of executing the provisions of the execution order, he must submit all his assets to the execution department within the said deadline and explicitly declare if he does not have funds.
If, within three years after the expiration of the said deadline, it is found that the convicted person was capable of executing the judgment and paying the execution order but did not introduce his assets in order to evade it or gave a false statement of his assets in such a way that the execution of all or part of the provisions of the execution order has become difficult, he will be sentenced to a misdemeanor imprisonment of sixty-one days to six months.
● Seizure of executed property
If this 10-day period has passed after the issuance of the executive order and the convicted person has still not executed the judgment and has not fulfilled any of the other alternative duties. In such a situation, according to Article 49 of the Civil Execution Law, the convicted person can request that the equivalent of the convicted person’s property (what the judgment has been issued for is called the convicted person) be seized. In this case, the convicted person’s property will be seized without delay, which is called executive seizure.
For example, the court can be requested to seize the amount of the judgment issued (if the judgment is to pay 440 million Tomans, then 440 million Tomans). This seized amount is called executive seizure.
According to Article 50 of the Civil Execution Law: The enforcement officer must, after requesting seizure, seize the convicted person’s property without delay, and if the property is in the jurisdiction of another court, request its seizure from the enforcement department of the said court.
After the seizure of the convicted person’s property, an auction is held to sell it and you should note that the auction amount is approximately 20 percent less than the actual amount. If the sale is not made after the first auction, a second auction is held to sell the property.
How to obtain a property seizure order
The method of obtaining a property seizure order depends on the important factor of which authority the seizure order is obtained from. Obtaining a property seizure order, including seizure of the property of the convicted person, is possible from two authorities: registration enforcement and court enforcement.○ Obtaining a property seizure order from registration enforcement
In order to obtain a property seizure order from registration enforcement, the debtor or creditor must refer to the registration office and request the filing of an enforcement file. After the filing of an enforcement file and notification of the enforcement to the debtor and after ten days have passed since the notification of the enforcement, the creditor can request that the debtor’s property be seized. Upon the creditor’s request, an order for seizure of property is issued and the amount of the claim is seized from the debtor’s property.
○ Obtaining a property seizure order from court enforcement
The method of obtaining a property seizure order from court enforcement depends on the factor of the stage at which the seizure request is submitted to the court. This request can be submitted before the issuance of a final judgment or at the stage of execution of the judgment and in relation to the seizure of the property of the convicted person.
How to execute a property seizure order
The manner in which a property seizure order is enforced depends on two factors:first, whether the defendant, petitioner, or creditor is able to present assets from the property of the defendant, respondent, or debtor.
Second, what assets are being seized, including the seizure of the property of the defendant.
Seizure of property for taxes
The seizure of the owner’s property by a tax officer or auditor for the purpose of collecting taxes. The procedure is that when a taxpayer is notified that he owes money and fails to take action and refuses to pay taxes, the owner’s property is seized with the consent of the tax auditor.Types of property seizure
The seizure of the property of a person against whom a judgment has been issued is of two types: security seizure and executive seizure.● Security seizure Security seizure
(literally, security means to provide security and assurance.) After the court ruling is issued and the convicted person is obliged to pay his debt, an executive order is issued to him, according to which the convicted person must implement the orders issued in it for 10 days.
However, during this 10-day period, there is also a possibility that the convicted person will transfer his property to someone else or destroy or hide it in some way and claim that he does not have the power to pay the debt. In these circumstances, the convicted person (the person in whose favor the judgment was issued) can present the convicted person’s property to the court and request the court to seize the property. This type of seizure is called security seizure or sometimes precautionary seizure.
Article 34 of the Civil Execution Law: As soon as the execution order is notified to the convicted person, the convicted person is obliged to execute its provisions on time within ten days or to arrange for the payment of the execution order or to introduce funds that will enable the execution of the judgment and the satisfaction of the convicted person. If he does not consider himself capable of executing the provisions of the execution order, he must submit all his assets to the execution department within the said deadline and explicitly declare if he does not have funds.
If, within three years after the expiration of the said deadline, it is found that the convicted person was capable of executing the judgment and paying the execution order but did not introduce his assets in order to evade it or gave a false statement of his assets in such a way that the execution of all or part of the provisions of the execution order has become difficult, he will be sentenced to a misdemeanor imprisonment of sixty-one days to six months.
● Seizure of executed property
If this 10-day period has passed after the issuance of the executive order and the convicted person has still not executed the judgment and has not fulfilled any of the other alternative duties. In such a situation, according to Article 49 of the Civil Execution Law, the convicted person can request that the equivalent of the convicted person’s property (what the judgment has been issued for is called the convicted person) be seized. In this case, the convicted person’s property will be seized without delay, which is called executive seizure.
For example, the court can be requested to seize the amount of the judgment issued (if the judgment is to pay 440 million Tomans, then 440 million Tomans). This seized amount is called executive seizure.
According to Article 50 of the Civil Execution Law: The enforcement officer must, after requesting seizure, seize the convicted person’s property without delay, and if the property is in the jurisdiction of another court, request its seizure from the enforcement department of the said court.
How to seize property
When a person is sentenced to pay a sum of money based on a court order; he is obligated (obligated) to pay it on the due date. Otherwise, the convicted person (the person in whose favor the judgment was issued) can take action again through the court and the court will specify a new deadline of several days. If the convicted person does not pay the sum on the specified date, the convicted person can request the seizure of the property (car, motorcycle, bank account, etc.) by requesting the filing of an enforcement case.After the seizure of the convicted person’s property, an auction is held to sell it and you should note that the auction amount is approximately 20 percent less than the actual amount. If the sale is not made after the first auction, a second auction is held to sell the property.