What banks does FSSP work with? Which bank does not provide information to bailiffs?

Is there a bank where they won’t seize accounts? The situation with anonymous wallets in electronic payment systems is still better; they are more difficult to track. There is a risk, of course, I wrote about it) I myself have several legal proceedings. I’ve been using the Alfabank card for a couple of years. No one has been arrested yet)) And the fact that the bailiffs do not always get to the accounts, then this is a question of the creditor’s interest in collecting the debt. Prompt creditors themselves transfer to the bailiffs all the information about the debtor’s accounts and property, or even with writ of execution contact the bank. And from which cards of which banks can the bailiffs not withdraw? Another question is which ones will be difficult for them to find, definitely not in Sberbank. This is an electronic request. So we have to offline all the goats (banks) in full (across the entire federal database) and poll them.

Which banks do not cooperate with bailiffs?

In addition, negotiations are underway with the National Bank in order to make this set unified. Then, by and large, there will be no blank spots left on the bank card for the bailiffs.

For example, negotiations took place relatively recently in Khabarovsk, where bailiffs met with local bankers. A sequence of answers has been developed on the issue of cooperation in the field of IT and electronic document management, for example, on the conclusion of an agreement on the exchange of requests and responses in electronic form between credit institutions and management,” the press service said in an official statement.
Moreover, the department of the Federal Bailiff Service for the Khabarovsk Territory and Sberbank created new scheme cooperation when working with receipts of clients with debts subject to collection. According to the plan, it should be gentle for the debtor.

Which banks do bailiffs cooperate with and which ones do not?

    • Banks will help bailiffs get into the pockets of Russians
    • Can a bank withdraw money for debts?
    • Banks are beginning to actively cooperate with bailiffs
    • Which banks' accounts cannot be seized?
    • Is there a bank where they won’t seize accounts?
    • And from which cards of which banks can the bailiffs not withdraw?
  • And from which cards of which banks can the bailiffs not withdraw?
  • Banks that do not work with bailiffs

Banks will help bailiffs get into the pockets of Russians Sberbank was the first to sign such an agreement, which is why the most complaints from its clients can be found in the public domain.

Which banks do not work with bailiffs

  • 1 Which banks do not work with bailiffs
  • 2 Which accounts cannot be used by bailiffs
  • 3 What to do when seizing accounts

Execution of decisions of state bodies and officials provides for forced collection debts First of all, arrest is imposed on accounts in Russian or foreign currency.

In order to understand whether it is possible to somehow hide your savings and avoid their transfer, carried out on the basis of an issued decree or other executive document, it is necessary to find out which banks do not cooperate with bailiffs in 2017-2018.

Banks that do not work with bailiffs

Attention

Experts from both sides managed to establish cooperation, which resulted in the ability to write off financial resources from customer receipts without loss of interest on the deposit, - inform bailiffs. - Now the bailiffs will first of all enforce those receipts whose regime allows funds to be written off from deposits without prejudice to the client on interest. The debtor must be prepared that his salary card may also be seized.


Info

Indeed, before writing off money, the bailiff must make sure that he has the right to do this. Since the law does not allow everything to be written off, there are certain types of income that are inviolable.


In practice, a sequence of questions appears. For example, at legal forums they are discussing the situation at a time when bailiffs blocked not only salary cards, but also credit cards.

About banks and finance

Bailiffs will be able to quickly acquire information about the availability of receipts, bank cards, valuable papers, cells, information about loans issued to the debtor. Besides bailiff it will become known about any movement of funds on the receipts of debtor citizens.


If a penny dropped somewhere, it would be noticed. The project in the Northern capital is just the beginning: we have a large number of banks, and so do debtors. The law prohibits bankers from covering clients who are in debt.
Accounts can be seized, but if there is not enough money, you can wait. Or, as lawyers say, accumulate funds. Under such conditions, the account becomes a kind of trap for the debtor’s money: what comes in, does not go away.
As the director of the Federal Bailiff Service, Artur Parfenchikov, said then, the department is already working to introduce a similar system in other banks.

Which banks do not cooperate with bailiffs?

Some lawyers are confident that in this case the bailiffs only have the right to block the card, but not withdraw money from it. Russian newspaper - Federal issue No. 6025 (49) dated March 7, 2013 Source: www.rg.ru How not to pay a loan!!! Bailiffs!!! Fascinating posts: A selection of articles that should interest you:

  • What to do if a bailiff has seized a bank account to which wages are accrued Register to watch the video* Introduction 1. Can a bailiff seize bank card? 2. The procedure for removing seizure from a bank account...
  • Which bank services the corn card? How to apply for and top up a corn credit card? May 12, 2015 Good analogue bank loan can serve for the duration of trips abroad a plastic card.

Which banks do not have bailiffs seize accounts - information for debtors

Sberbank? Only 10 banks cooperate with bailiffs. Which reliable ones do not cooperate? Along with the topic “Pension in Sberbank” they are also searching for: Urgent legal consultation free of charge 8 800 505-91-11

  • Banks do not cooperate with bailiffs.

    They make a request to all banks and the banks are obliged to provide them with all information about accounts opened in these banks

  • There is no such list. It depends on your luck here. Sberbank is the first on the list where the request is made.
  • The FSSP has so far signed an agreement on such cooperation with only 4 banks - Sberbank, Promsvyabank, Gazprombank, VTB 24.

    By law, bailiffs have the right to write off money from any bank account. But for this you need to make a request to each bank. Debits from the accounts of the mentioned banks occur automatically.

Which bank does not work with bailiffs?

Reply A in foreign banks It’s unlikely that bailiffs make requests, all at once or just the main ones?

  • They do it at Sberbank, but the rest usually don’t get around to it.
  • Maya, at the request of the bailiffs, any (!) bank will provide information and, according to their order, will withdraw money from the account.

Is this legal?

  • Hello! submit a statement to the bailiff. What statement?

Similar questions Which banks do not cooperate with bailiffs? I didn’t give the decision to the bailiffs, the magistrates said that they would revoke the previous decision that was not in my favor, but for some reason they didn’t revoke it, etc. What companies exist to resolve the issue of discrepancies in settlements with the bailiffs, that is, they count one amount, but I don’t agree with them. My Sberbank pension account (plastic card) was illegally debited cash in the amount of 9,350 rub.

Which bank does not cooperate with bailiffs?

FSSP. Bailiffs can contact the bank to obtain detailed information about financial condition debtor Which accounts cannot be used by bailiffs According to Articles 70 and 81 Federal Law dated October 2, 2007 No. 229-FZ “On enforcement proceedings» with amendments, modifications and additions that came into force on December 5, 2017, there are restrictions on the collection of money from certain accounts of the debtor. The following funds cannot be written off:

  • in foreign currency, if the money in the account in rubles is sufficient to satisfy the claims of creditors;
  • located in the accounts of the referendum fund;
  • stored in a special election account.

For reference: restrictions on the withdrawal of money from the accounts of referendum funds and special election accounts were introduced only in March 2016.

In cooperation with banks, bailiffs are going to start collecting small debts. By the end of the year at least four large bank they will begin to forcibly write off money from debtors’ accounts. What should clients do?

Their clients are increasingly complaining about forced withdrawals from their bank accounts. One of them, a resident of Moscow, says that he received an SMS message from Sberbank about writing off 500 rubles. to pay a fine. He was surprised: he did not know that he had debts. As it turned out after calling the bank’s support service, the money was used to pay off a fine for crossing the street at a red light. There are quite a few such stories on Internet forums, and often larger sums are involved.

Electronic bailiffs

The reason for what is happening is the active work of bailiffs with banks. Bailiffs were previously allowed to write off funds from the debtor’s accounts - legislation has allowed this since 2007. But for a huge number of small debts on fines, taxes, consumer loans the bailiffs simply did not have enough energy and time, and the banks were not too willing to cooperate. “Banks often refused bailiffs due to errors in drawing up orders to seize funds, etc.,” says Alexander Golubev, head of the legal department of SDM Bank.

Today the situation has changed. By 2011, based on the legislation on electronic document management and electronic signatures, the bailiff service developed a standard agreement with banks that allows you to send requests for debits of funds electronically. Now banks and bailiffs can exchange information using a specially developed program through a dedicated Internet channel using a special crypto gateway - a data protection device that meets the requirements of the FSB, and an electronic signature. All this makes it easier to collect debts from citizens.

Sberbank signed this standard cooperation agreement with the FSSP back in December 2011. A similar system will soon work in VTB24: the agreement has been signed, the mechanism is now being worked out on the basis of the Presnensky Department of the Federal Bailiff Service of Russia in Moscow, said Valery Mendus, deputy director of the operations department of VTB24.

Of the 10 largest banks surveyed by RBC in terms of the volume of funds raised from individuals, two more - Promsvyazbank and Gazprombank - confirmed that they also signed an agreement with the FSSP and will automatically write off funds from accounts to pay off fines. Promsvyazbank is preparing to launch such a system in the fourth quarter of 2015, said Marina Konyukhova, director of the bank’s operational department. Gazprombank also signed an agreement with the FSSP. The bank's press service did not say when the system will start working.

Deputy Director of the FSSP of Russia Tatyana Ignatieva clarifies that the full electronic document management system (all requests, responses, and procedural documents are sent electronically) works with five banks - VTB24, MDM Bank, Zapsibkombank, Bank of Moscow and Sberbank. Another 13 banks, including UralSib and Alfa Bank, are currently testing this system. In general, the FSSP already works with 82 banks using an electronic document management system. True, most of them are not yet able to electronically process the main documents of the service - orders of bailiffs on the collection and seizure of funds.


Loans, fines and alimony

According to the standard agreement between banks and the FSSP, the interaction scheme is as follows. As soon as the court decision against the debtor comes into force, the bailiffs, using special software, send a request to the bank about the availability of accounts. The request contains the debtor's details (full name, year of birth, passport details) and the amount of his debt. Moreover, we are talking not only about accounts, deposits and cards, but also about metal accounts, as well as DEPO accounts (for accounting for securities).

If the debtor has enough funds, the bank indicates accounts in which the amount is sufficient to repay the debt. Having received the data, the FSSP sends a resolution to the bank to foreclose, that is, to write off the funds. The text of this resolution indicates the debtor's accounts from which the bank must withdraw money. It is the bailiff, and not the bank, who selects the account to write off.

In this way, all types of administrative debts can be written off, the collection of which involves bailiffs, says Sergey Varlamov, partner of the Delovoy Fairvater company. This could be debt on loans, alimony, taxes, debts for housing and communal services, fines for violating traffic rules, etc.

Between the commission of an offense and the debiting of funds from the account by court decision, at least six to eight months can pass, says Svetlana Tarnopolskaya, a lawyer at the Yukov and Partners organization. According to her, several months pass before the trial (the person receives notifications about the need to pay a fine), the trial itself takes about three months, and a couple of months after that the bank may receive a bailiff’s order to write off funds from the account.

If the amount in all the debtor's accounts is less than the amount of the debt, the bank transmits to the bailiffs the numbers of all the client's accounts indicating the balance for each. And if there is no money for them at all, the bank begins to track them. And as soon as the funds are received, they are written off according to the order of the bailiff.

Right to make mistakes

There are a few exceptions. For example, according to credit card write-off is impossible, says the Sberbank press service in response to a request from RBC: the bank cannot forcibly lend to a debtor. According to the law on enforcement proceedings (Federal Law 229), various benefits cannot be written off from the account, for example, for causing harm to health, loss of a breadwinner, or the birth of a child. But pensions can be used to cover debt. There are no restrictions on the amount of debt that the bank can remove at the request of the bailiffs. However, it is prohibited to withdraw more than 50% monthly income, be it a pension or salary.

Unfortunately, banks and bailiffs are not always able to follow these rules. Often, by mistake, the bank withdraws funds that cannot be written off, admits the Sberbank press service. “This is due to the difficulty, and sometimes even impossibility, of determining the type of funds,” she reports.

What to do in such a situation? If you have been debited by mistake, you should first contact the bank, advises the Sberbank press service. If this does not help, you need to find out which department of the Federal Bailiff Service sent the request, advises Varlamov from Delovoye Fairvater. After this, you need to contact this department, find out the details of the bailiff and write a free-form application to him for the return of money.

In the statement, Varlamov emphasizes, it is necessary to refer to Article 101 of the law on enforcement proceedings, which indicates what types of funds cannot be recovered. It is also worth attaching documents confirming that social payments actually go to this account, he added. After this, the bailiff service may admit the mistake and return the funds. “True, the time allotted for making this decision is unlimited,” warns Varlamov.

However, in practice the case usually does not reach the court. “Appeals related to debiting funds maternity capital or other benefits to settle the debt, we receive them, but rarely,” says financial ombudsman Pavel Medvedev. In most cases, the bank admits the mistake and returns the funds to the account, he says.

There is another problem - writing off funds for a non-existent debt. The procedure is the same. The reason, most likely, will be a court decision made in absentia, says Vasily Nedelko, director of the Basalt law firm. You must contact the FSSP office and request a copy of this decision. You have seven days to appeal a court decision in absentia after receiving a copy of it, regardless of when the decision itself was made, the lawyer reminds.

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Information about which organizations do not cooperate with bailiffs is constantly updated. In any case, requests from FSSP representatives to banks are recognized as legal.

Those organizations that do not cooperate with them on an ongoing basis will be required to provide the necessary information in response to the relevant request. A bailiff is unlikely to contact all banks in a row without information about the supposed existence of an account in a particular organization.

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The more accounts from private citizens or legal entities registered with the bank, the more likely it is that it cooperates with the bailiff service.

List of organizations and their relationships with the FSSP:

Representatives of the FSSP have the right to write off funds from the following types accounts:

  • debit and salary cards;
  • stock funds;
  • identified .

The most reliable option for storing finances is the use of special payment systems. Some of them do not even require clients to enter personal information. Although bailiffs do not block cards of this kind, they have a significant disadvantage for users. Such payment systems require the payment of large commissions when making transactions.

Non-personalized accounts are also associated with a significant limitation on the size of transactions. Usually the limit is set at 15 thousand rubles.

How information is transmitted

Bailiffs receive information about the debtor's bank accounts based on a corresponding request. It goes to most financial credit institutions.

Upon request, banks provide bailiffs with the following information: information about accounts indicating the balance of funds and information about other valuables in safes.

If there is a risk of funds being written off, it is worth placing a reserve deposit in a non-governmental institution. In this case, the likelihood of money withdrawal will be lower. However, it cannot be said that such organizations are not at all subordinate to the FSSP. The larger the amount invested in the bank, the higher the risk of losing it if there are debts.

Procedure for seizing funds

The procedure has been regulated at the legislative level since 2007. However, previously this procedure was much more complicated than it is now. Since 2011, electronic document management and electronic signatures have been introduced by relevant decrees, so the FSSP has drawn up a standard agreement with financial organizations.

Thanks to this, it is possible to quickly send a request electronically. Banks and bailiffs cooperating with the FSSP exchange information using a specially dedicated Internet channel, using special software. This significantly speeds up the process of interaction between these authorities.

Cooperation between bailiffs and banks occurs according to the following algorithm:

  1. The corresponding court decision comes into force. After this, the bailiffs send the information to the necessary institutions.
  2. In response, financial and credit organizations are required to provide information about the availability of accounts with the debtor.
  3. Representatives of the FSSP send a collection order to the bank. This document must indicate the account of the defaulter from which finances should be debited.
  4. After this, the debt in a certain amount is written off from the account. There are often cases when this process occurs without prior notice to the owner. However, this is contrary to legal requirements.

According to this algorithm, funds are seized in favor of paying off all administrative debts, including unpaid alimony, loan debts, taxes, traffic fines, etc.

According to the law, debiting money from salary cards should not exceed more than 50% of the accrual amount. If a one-time withdrawal does not cover the amount of income, then the bailiffs have the right to make several monthly write-offs.

Debtor subject to hardship financial situation may insist on reducing the monthly write-off percentage. Things like this this moment have become widespread in judicial practice. Judges can reduce the amount of the penalty even to 35-25% if the debtor presents relevant evidence.

In order to prove the severity of your own financial situation, you will need to provide in court the following documents:

  • salary certificates or;
  • receipts for payment of housing and communal services;
  • papers indicating the presence of dependents;
  • other documentation relating to any income of the debtor.

Sometimes the bank client does not even know why the money was written off in favor of the FSSP. To obtain information about this, you should visit a branch of a financial and credit organization and obtain the corresponding extract. It will contain information about the enforcement proceedings and the claimant.

Important to remember!

You can get information from the official website of the FSSP. In the enforcement proceedings service section there is a special database of debtors. You should enter your full name into the form on this site, and after that the portal will provide the necessary information upon request.

In order to avoid conflict situations with bailiffs, debtors should adhere to the following recommendations:

  • regularly study the FSSP website;
  • check your mail, not missing incoming judicial or executive correspondence;
  • if possible, ask the employer to issue wages cash;
  • take into account cash receipts, including child benefits and alimony;
  • do not throw away receipts and other documents that confirm transactions.

What money cannot be seized?

Bailiffs cannot seize funds from certain types of accounts:

Also, representatives of the FSSP do not withdraw money from the card if it relates to the following income:

  • alimony payments;
  • survivor's pension;
  • funds paid for compensation for injury to health or in connection with the death of the breadwinner;
  • one-time financial assistance;
  • social insurance coverage;
  • funeral benefit;
  • and child benefits.

A complete list of income that is not subject to seizure can be found in the Federal Law “On Enforcement Proceedings”. A bill is currently being developed that will create special social accounts. Funds that are not subject to seizure will be transferred to them.

What to do if your card is blocked

It is possible to remove the arrest from the account and unblock the card using the following algorithm:

  1. Having received a notice of seizure of funds, you should call the bank or personally visit this organization.
  2. Get information about the amount of debt and possible options its repayment.
  3. Pay off using any of the suggested methods.
  4. After 6-8 hours, the arrest will be removed from the account. In rare cases, you should wait up to 24 hours.

If a bank client has disagreements with the amount written off, he can go to court. The possibility of winning in a lawsuit remains if the bailiff, while performing his official duties, violated any legal norms.

Typical violations in the work of FSSP representatives:

  1. Banks, upon request, provide information about the availability of funds in the debtor’s accounts. At the same time, bailiffs usually do not check their origin and immediately write them off. They can withdraw funds that are not legally subject to seizure. For example, child benefits.
  2. After debiting, the money is sent to a separate FSSP account. They will then be transferred to the claimant. In practice, there are delays in the movement of funds, so it is not uncommon for money to be collected to pay a debt twice.
  3. Bailiffs often do not provide information to debtors about writing off money. In this case, an SMS message about the seizure of funds may be shocking for the debtor.
  4. Inaction in the work of the bailiff.

Complaint about withdrawal of money from a credit account

To return illegally written off funds, the debtor should submit an application addressed to the head of the relevant department of the FSSP.

In this document it is worth indicating:

  • Full name and passport details;
  • contact information;
  • number of enforcement proceedings.

Documents confirming the illegality of the write-off procedure should be attached to the application. For example, a certificate about the targeted nature of the account or a statement about double debiting of funds to repay the debt.

The paper is submitted to the FSSP in two copies against the signature of an authorized person. After this, within 7 days, according to the law, a resolution must be issued to cancel the previously issued document.

If the bailiffs do not return the funds, you can file a claim in court or file a complaint with the prosecutor's office. However, this will take some time.

When filing a complaint, you should be guided by the following rules:

  1. In the text of the paper you should express your own disagreement with the penalty. It is permissible not to cite the norms of civil legislation. The main thing is to express your position that the order should be canceled.
  2. The paper must be sent to the addressee. Information about the court can be found in the correspondence for the debtor.
  3. The text of the document should indicate the number of the order that must be canceled, as well as more detailed information about it. Full name of the claimant, date of issue of the paper and amount of recovery.
  4. Put a date and signature on the document, otherwise it may not be accepted .

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Execution of the sentence court decision provides first a notification procedure notifying the citizen of the need to repay the debt, and then a forced procedure if the person refuses to pay the required amount within the allotted time.

The procedure for the bailiff's actions is quite standard and is prescribed in the current legislation. First of all, seizure is imposed on bank accounts. Moreover, funds are equally debited from accounts in rubles or in foreign currency. Some citizens, knowing that they have debt, try to avoid such a measure of influence and are interested in the question of which banks do not cooperate with bailiffs in 2019. Today we will try to give a clear answer and explain the situation with the arrest of accounts.

The answer to this question is found in the provisions Russian legislation. According to the law, any request received from government agency, bank or other organization is obliged to provide complete information about the debtor indicating the following information:

  • about whether the debtor has accounts and the amounts on these accounts in rubles and foreign currency;
  • on the storage of any other valuables, for example, deposits.

Banks are given about seven days to complete this action. In this case, the financial institution is obliged to draw up an appropriate document and send it to the address of the request. Some banks do not provide data to bailiffs. In case of refusal to perform such action on banking institution a serious fine will be imposed. In connection with all of the above, we can conclude that it is quite easy to obtain information about which banks do not transmit information to bailiffs, if you focus on the number of penalties that were applied to banks in this regard.

How to find out which banks do not cooperate with bailiffs?

By law, every bank is required to provide information to bailiffs. Therefore, we can say with confidence that when such a request is received, a large bank that has a certain reputation in the lending market will definitely provide the necessary information, which will subsequently lead to seizure. It is important to note that bailiffs can send requests not only to commercial, but also to government agencies.

Even if the bailiffs do not send official requests to the bank about whether a citizen has valid accounts, information of this kind is stored in tax office. At the FMS you can find out about everyone financial and credit institutions who work with bailiffs. Taking into account such circumstances, the best chance of hiding your savings from bailiffs is to open accounts in the following institutions:

  • small commercial establishments, since requests are sent to large and government organizations first of all;
  • electronic payment systems, since online wallets are very difficult to track. In fact, at the end of 2017, more than 100 banking and credit organizations had already signed a corresponding agreement on full document flow in the FSSP. The list of such companies is expanding almost daily.

A citizen can try to determine which specific banks bailiffs most often work with and where they send requests first. Such institutions include Sberbank, VTB24, Gazprobank. Another significant point is that only an organization that has the right to do so can exercise the right to collect debt from the debtor’s account. To do this, you will need to enter a special register created by employees of the Federal Bailiff Service.

From what accounts can money not be written off by bailiffs?

Within the scope of Art. 70 and 81 Federal Law No. 229 of October 2, 2007, restrictions are established in relation to some cash savings of citizens. That is, collection on these funds cannot be made. We are talking about the following means:

  • savings in foreign currency, provided that ruble savings are sufficient to pay debts and satisfy claims;
  • money held in the referendum fund accounts;
  • funds in a special election account.

The listed rules were introduced only in the spring of 2016 after amendments were made to the basic law.

What to do if your account is frozen?

Even if restrictions have been imposed on the account, it is worth first inquiring about the current situation and then acting in accordance with the available information. If there is disagreement with the amount or other points, then the citizen can submit statement of claim to court.

The process can be easily won if the bailiff violated the law or the evidence presented by the applicant is sufficient to lift the arrest. 10 days are allotted for making such a decision, and then another 10 days for direct removal of the encumbrance.

Conclusion

Each bank is required to provide bailiffs with information regarding the availability of accounts and funds on them in relation to a certain civilian or company. This is necessary so that service employees can impose a penalty and receive from the debtor the funds that he is obliged to pay by law. If the law is violated, a fine is imposed on the bank.

In cooperation with banks, bailiffs are going to start collecting small debts. By the end of the year, at least four large banks will begin to forcibly write off money from debtors’ accounts. What should clients do?

Their clients are increasingly complaining about forced withdrawals from their bank accounts. One of them, a resident of Moscow, says that he received an SMS message from Sberbank about writing off 500 rubles. to pay a fine. He was surprised: he did not know that he had debts. As it turned out after calling the bank’s support service, the money was used to pay off a fine for crossing the street at a red light. There are quite a few such stories on Internet forums, and often larger sums are involved.

The reason for what is happening is the active work of bailiffs with banks. Bailiffs were previously allowed to write off funds from the debtor’s accounts - legislation has allowed this since 2007. But the bailiffs simply did not have enough energy and time to deal with the huge number of small debts on fines, taxes, and consumer loans, and the banks were not too willing to cooperate. “Banks often refused bailiffs due to errors in drawing up orders to seize funds, etc.,” says Alexander Golubev, head of the legal department of SDM Bank.

Today the situation has changed. By 2011, based on the legislation on electronic document management and electronic signatures, the bailiff service developed a standard agreement with banks that allows you to send requests for debits of funds electronically. Now banks and bailiffs can exchange information using a specially developed program through a dedicated Internet channel using a special crypto gateway - a data protection device that meets the requirements of the FSB, and an electronic signature. All this makes it easier to collect debts from citizens.

Sberbank signed this standard cooperation agreement with the FSSP back in December 2011. A similar system will soon work in VTB24: the agreement has been signed, the mechanism is now being worked out on the basis of the Presnensky Department of the Federal Bailiff Service of Russia in Moscow, said Valery Mendus, deputy director of the operations department of VTB24.

Of the 10 largest banks surveyed by RBC in terms of the volume of funds raised from individuals, two more - Promsvyazbank and Gazprombank - confirmed that they also signed an agreement with the FSSP and will automatically write off funds from accounts to pay off fines. Promsvyazbank is preparing to launch such a system in the fourth quarter of 2015, said Marina Konyukhova, director of the bank’s operational department. Gazprombank also signed an agreement with the FSSP. The bank's press service did not say when the system will start working.

Deputy Director of the FSSP of Russia Tatyana Ignatieva clarifies that the full electronic document management system (all requests, responses, and procedural documents are sent electronically) works with five banks - VTB24, MDM Bank, Zapsibkombank, Bank of Moscow and Sberbank. Another 13 banks, including UralSib and Alfa Bank, are currently testing this system. In general, the FSSP already works with 82 banks using an electronic document management system. True, most of them are not yet able to electronically process the main documents of the service - orders of bailiffs on the collection and seizure of funds.

Loans, fines and alimony

According to the standard agreement between banks and the FSSP, the interaction scheme is as follows. As soon as the court decision against the debtor comes into force, the bailiffs, using special software, send a request to the bank about the availability of accounts. The request contains the debtor's details (full name, year of birth, passport details) and the amount of his debt. Moreover, we are talking not only about accounts, deposits and cards, but also about metal accounts, as well as DEPO accounts (for accounting for securities).

If the debtor has enough funds, the bank indicates accounts in which the amount is sufficient to repay the debt. Having received the data, the FSSP sends a resolution to the bank to foreclose, that is, to write off the funds. The text of this resolution indicates the debtor's accounts from which the bank must withdraw money. It is the bailiff, and not the bank, who selects the account to write off.

In this way, all types of administrative debts can be written off, the collection of which involves bailiffs, says Sergey Varlamov, partner of the Delovoy Fairvater company. This could be debt on loans, alimony, taxes, debts for housing and communal services, fines for violating traffic rules, etc.

Between the commission of an offense and the debiting of funds from the account by court decision, at least six to eight months can pass, says Svetlana Tarnopolskaya, a lawyer at the Yukov and Partners organization. According to her, several months pass before the trial (the person receives notifications about the need to pay a fine), the trial itself takes about three months, and a couple of months after that the bank may receive a bailiff’s order to write off funds from the account.

If the amount in all the debtor's accounts is less than the amount of the debt, the bank transmits to the bailiffs the numbers of all the client's accounts indicating the balance for each. And if there is no money for them at all, the bank begins to track them. And as soon as the funds are received, they are written off according to the order of the bailiff.

There are a few exceptions. For example, it is impossible to write off a credit card, the press service of Sberbank states in response to a request from RBC: the bank cannot forcibly lend to a debtor. According to the law on enforcement proceedings (Federal Law 229), various benefits cannot be written off from the account, for example, for causing harm to health, loss of a breadwinner, or the birth of a child. But pensions can be used to cover debt. There are no restrictions on the amount of debt that the bank can remove at the request of the bailiffs. However, it is prohibited to withdraw more than 50% of monthly income, be it pension or salary.

Unfortunately, banks and bailiffs are not always able to follow these rules. Often, by mistake, the bank withdraws funds that cannot be written off, admits the Sberbank press service. “This is due to the difficulty, and sometimes even impossibility, of determining the type of funds,” she reports.

What to do in such a situation? If you have been debited by mistake, you should first contact the bank, advises the Sberbank press service. If this does not help, you need to find out which department of the Federal Bailiff Service sent the request, advises Varlamov from Delovoye Fairvater. After this, you need to contact this department, find out the details of the bailiff and write a free-form application to him for the return of money.

In the statement, Varlamov emphasizes, it is necessary to refer to Article 101 of the law on enforcement proceedings, which indicates what types of funds cannot be recovered. It is also worth attaching documents confirming that social payments actually go to this account, he added. After this, the bailiff service may admit the mistake and return the funds. “True, the time allotted for making this decision is unlimited,” warns Varlamov.