At least once in their life, every person has found themselves in the role of a debtor - and many have fallen behind on their debt, let down friends or even the credit institution that issued the loan. If the debt is small, then the situation does not turn into a disaster - the debt is closed over time, although you have to worry about it.

However, if we are talking about really large sums of money and a significant delay, the debtor may face serious troubles. The case will go to court and the involvement of bailiffs in the process. In this regard, it is very interesting to consider Article 46, part 1, paragraph 4, and find out what it means for a citizen who owes money.

Article 46 part 1 clause 4 - what does it say?

Debts need to be repaid - you can’t argue with that. But what to do if there is not just little money - there is none at all, as well as work, and even property that could be sold? When demanding that the debtor fulfill financial obligations, bailiffs are required to remain within the bounds of the law. They must take all measures to collect the debt - but stop if these measures are unsuccessful.

Simply put, Article 46 Part 1 Part 4 states that, based on the results of a special inspection ordered by the court, the debtor was declared insolvent. Namely:

• he does not have the means to pay off the resulting debt;
• he has no job, no salary, no savings - accordingly, funds for repayment cannot be forcibly withdrawn, even in parts;
• he does not have property to sell - or it is too insignificant compared to the amount of debt.

Based on all this, the debtor is recognized as free from obligations, and the plaintiff, who legally wins the trial, is in fact left with nothing - he will not be able to get his money back.

Are there any hidden nuances in art. 46 h 1 p 4?

In general, the closure of a case under this article is considered good news for the debtor. A person gets rid of financial claims, and all restrictions previously imposed are removed from him. For example, after this article comes into force, you can travel abroad again; there are no longer any grounds for prohibiting travel.

Article 46. Return of the writ of execution to the claimant after the initiation of enforcement proceedings

1. The writ of execution, according to which the recovery was not carried out or was made partially, is returned to the claimant:

1) at the request of the claimant;

2) if it is impossible to execute an executive document obliging the debtor to perform certain actions (to refrain from performing certain actions), the possibility of execution of which has not been lost;

3) if it is impossible to establish the location of the debtor, his property or to obtain information about the availability of funds and other valuables belonging to him in accounts, deposits or storage in banks or other credit organizations, except for cases when this Federal Law provides for a search for the debtor or his property;

4) if the debtor does not have property that can be foreclosed on, and all measures taken by the bailiff permissible by law to find his property were unsuccessful;

5) if the claimant refused to retain the debtor’s property that was not forcibly sold during the execution of the writ of execution;

(as amended by Federal Law dated March 12, 2014 N 34-FZ)

6) if the claimant, by his actions, interferes with the execution of the writ of execution.

7) if the debtor who has not paid the administrative fine is a citizen of a foreign state or a stateless person and was expelled from the Russian Federation on the basis of a judicial act.

(Clause 7 introduced by Federal Law dated December 28, 2013 N 383-FZ)

2. In the cases provided for in paragraphs 2 - 7 of part 1 of this article, the bailiff draws up an act on the existence of circumstances in accordance with which the writ of execution is returned to the recoverer. The act of the bailiff is approved by the senior bailiff or his deputy.

(as amended by Federal Laws dated July 18, 2011 N 225-FZ, dated December 28, 2013 N 383-FZ)

(see text in the previous edition)

3. The bailiff issues a ruling on the completion of enforcement proceedings and on the return of the enforcement document to the recoverer.

ConsultantPlus: note.

Part 4 of Article 46 was recognized as partially inconsistent with the Constitution of the Russian Federation by Resolution of the Constitutional Court of the Russian Federation dated March 10, 2016 N 7-P.

In accordance with Part 3 of Article 79 of the Federal Constitutional Law of July 21, 1994 N 1-FKZ, acts or their individual provisions recognized as unconstitutional lose force.

4. The return of the writ of execution to the claimant is not an obstacle to the repeated presentation of the writ of execution for execution within the period established by Article 21 of this Federal Law.

5. If the executive document is returned to the claimant in accordance with paragraph 4 of part 1 of this article, the claimant has the right to re-submit for execution the enforcement documents specified in parts 1, 3, 4 and 7 of Article 21 of this Federal Law, no earlier than six months from the date of the decision on the completion of enforcement proceedings and on the return of the writ of execution to the claimant, and other writ of execution no earlier than two months or before the expiration of the specified period if the claimant provides information about a change in the property status of the debtor.

There are many nuances and subtleties in enforcement proceedings. In many ways, they allow you not to pay the collection amount if you know all these rules. Such tricks are used by people who have not paid off their debt for years.

Art. 46 clause 1 clause 3. Return of the writ of execution.

According to Art. 46 p 1 p p 3 The bailiffs have the right to return the sheet to the claimant and temporarily stop working on it. This could be due to several situations:

• They were unable to find the debtor and his property; the person is hiding in Russia, has moved to another state and is difficult to find, or has moved to a country with which there is no official debt recognition agreement.
• The ability to execute the document has been lost.
• Article 46 Part 1 Part 3 applies in the complete absence of property from the debtor and official employment. If all attempts by the bailiff to execute the sheet have been ineffective, then it is returned.
• The person is a citizen of another state or has been expelled from the country for violating registration rules.
• If the claimant independently prevents the execution of the writ.

Return means that the proceedings against this person are completely terminated for objective reasons. According to the law, all restrictions that the execution provides for must be lifted.

The claimant can appeal this decision, but if it was made for objective reasons, then such attempts do not yield results. If there are no further actions within three years on the writ of execution, it loses its force. As a result, the debt must be completely written off.

In fact, many people use this rule to avoid collection. They transfer all the property to another person, they can take valuables to relatives before the visit of the bailiffs. The rules of the law say that collection at the expense of the only home cannot be made, and the sale of the apartment is not allowed. Unofficial employment also does not allow you to send the sheet to your place of work to organize deductions.

Art. 46 part 1 point 3: what should the debtor do?

At st 46 h 1 p 3 the question arises, what should the debtor do? No action is required from you; the person who submitted the collection notice should worry about making such a decision. This means that the proceedings were terminated for one of the possible reasons and the documents were returned.

Art. 46 part 1 point 3: what does it mean for the debtor, can I travel abroad?

Note that when st 46 h 1 p 3 travel abroad can be done. If the ban was not lifted after the decision to apply this rule was made, then you need to additionally contact the FSSP.

1. The writ of execution, according to which the recovery was not carried out or was made partially, is returned to the claimant:

1) at the request of the claimant;

2) if it is impossible to execute an executive document obliging the debtor to perform certain actions (to refrain from performing certain actions), the possibility of execution of which has not been lost;

3) if it is impossible to establish the location of the debtor, his property or to obtain information about the availability of funds and other valuables belonging to him in accounts, deposits or storage in banks or other credit organizations, except for cases when this Federal Law provides for a search for the debtor or his property;

4) if the debtor does not have property that can be foreclosed on, and all measures taken by the bailiff permissible by law to find his property were unsuccessful;

5) if the claimant refused to retain the debtor’s property that was not forcibly sold during the execution of the writ of execution;

6) if the claimant, by his actions, interferes with the execution of the writ of execution.

7) if the debtor who has not paid the administrative fine is a citizen of a foreign state or a stateless person and was expelled from the Russian Federation on the basis of a judicial act.

2. In the cases provided for in paragraphs 2 - 7 of part 1 of this article, the bailiff draws up an act on the existence of circumstances in accordance with which the writ of execution is returned to the recoverer. The act of the bailiff is approved by the senior bailiff or his deputy.

3. The bailiff issues a ruling on the completion of enforcement proceedings and on the return of the enforcement document to the recoverer.

4. The return of the writ of execution to the claimant is not an obstacle to the repeated presentation of the writ of execution for execution within the period established by this Federal Law.

5. If the executive document is returned to the claimant in accordance with paragraph 4 of part 1 of this article, the claimant has the right to re-submit for execution the enforcement documents specified in parts 1, 3, 4 and 7 of this Federal Law, no earlier than six months from the date of the decision to terminate enforcement proceedings and the return of the writ of execution to the claimant, and other writs of execution no earlier than two months or before the expiration of the specified period in the event that the claimant provides information about a change in the debtor’s property status.

The provisions of Article 46 of Law No. 229-FZ are used in the following articles:

• Data bank in enforcement proceedings

  9) information about the return of the enforcement document to the recoverer on the grounds provided for in paragraphs 3 and 4 of part 1 of Article 46 of this Federal Law, or on the completion of enforcement proceedings on the grounds provided for in paragraphs 6 and 7 of part 1 of Article 47 of this Federal Law.

Article 46 part 1 clause 3 bailiffs - what does it mean for the debtor when the completion of enforcement proceedings with this wording is marked on the bailiffs website. Article 46 part 1 p 3 is an abbreviation implying that in relation to a citizen in a specific enforcement proceeding the case is closed (finished).

Federal legislation regulates the actions of a bailiff, incl. the reasons why enforcement proceedings against each debtor can be terminated are clearly indicated.
Article 46 is the basis that describes the reasons for the return of the writ of execution to the claimant, among which: the party found guilty in court ignores the implementation of the decision and hides from the bailiffs of the FSSP enforcement service. Lengthy attempts to establish the location of the person against whom enforcement proceedings have been opened do not lead to success and the case is suspended.

The bailiff closes the proceedings even in the absence of information about the property, or simply any property for which there may be no information. foreclosure has been made. This includes funds in bank accounts, including open deposits, valuables belonging to the debtor (jewelry, art objects), movable property, and real estate.

The worked-out versions confirming the impossibility of establishing the citizen’s property give grounds to the bailiff to complete the enforcement proceedings under Article 46, part 1, paragraph 3.

Attention: the interpretation of this paragraph means the impossibility of carrying out the proceedings due to the fact that the bailiff was unable to establish the place of residence of the debtor and any property owned by the citizen.

Important: searching for the defaulter and/or the debtor’s property means the suspension of enforcement proceedings and the impossibility of closing the collection case according to the above wording. Return to plaintiff I.L. (writ of execution) in the case under consideration is impossible. When the claimant is a government agency, the collection process lasts without a statute of limitations, until full financial compensation for the damage.

Article 46 part 1 clause 3 what does it mean for the debtor

Restrictive measures are lifted. Among them the ban is lifted:

• (at the border you will be “slowed down” if the debt to the bailiffs is 30,000 rubles or more. The deadline for lifting restrictions is 10 days.)
• removal of seizure from property.

Can the claimant reopen the proceedings after closure and demand that the bailiff take action to secure the court decision? Yes, a repeated petition must be submitted 6 months later, before the expiration of the statute of limitations of 3 years, from the date of receipt of the writ of execution. See Article 46, paragraph 5.