Hello!

One way or another, the bailiff will find all your accounts and property. They will not collect from the husband’s salary, only from yours. Since the bailiff does not know what is the salary on your card. they will immediately arrest 100%, then you will be tormented to run to them, it is better to immediately provide documents that your salary is being credited to the card.

Find out what cannot be levied.

Article 101. Types of income that cannot be levied
[Law on Enforcement Proceedings] [Chapter 11] [Article 101]
1. Recovery cannot be directed to the following types income:
1) amounts of money paid in compensation for harm caused to health;
2) amounts of money paid in compensation for harm in connection with the death of the breadwinner;
3) amounts of money paid to persons who have received injuries (wounds, injuries, contusions) in the course of their performance official duties, and members of their families in the event of death (death) of these persons;
4) compensation payments at the expense of funds federal budget, budgets of subjects Russian Federation And local budgets citizens affected by radiation or man-made disasters;
5) compensation payments at the expense of the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets to citizens in connection with the care of disabled citizens;
6) monthly cash payments and (or) annual cash payments accrued in accordance with the legislation of the Russian Federation certain categories citizens (compensation for travel, purchase of medicines, etc.);
7) amounts of money paid as alimony, as well as amounts paid for the maintenance of minor children during the search for their parents;
8) compensation payments established by the legislation of the Russian Federation on labor:
a) in connection with business trip, with transfer, admission or assignment to work in another locality;
b) in connection with the wear of the tool belonging to the employee;
c) amounts of money paid by the organization in connection with the birth of a child, with the death of relatives, with the registration of marriage;
9) insurance coverage on compulsory social insurance, with the exception of the old-age insurance pension, the disability insurance pension (taking into account the fixed payment to the insurance pension, increases in the fixed payment to the insurance pension), as well as funded pension, urgent pension payment and temporary disability benefits;
10) survivor's pensions paid out of the federal budget;
11) payments to pensions in case of loss of a breadwinner at the expense of the budgets of the constituent entities of the Russian Federation;
12) allowances to citizens with children, paid at the expense of the federal budget, state off-budget funds, budgets of constituent entities of the Russian Federation and local budgets;
13) maternity (family) capital funds provided for by Federal Law No. 256-FZ of December 29, 2006 “On Additional Measures of State Support for Families with Children”;
14) lump sum financial assistance paid at the expense of the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets, extra-budgetary funds, at the expense of foreign states, Russian, foreign and interstate organizations, other sources:
a) in connection with a natural disaster or other emergency;
b) in connection with a terrorist act;
c) in connection with the death of a family member;
d) in the form of humanitarian aid;
e) for rendering assistance in the detection, prevention, suppression and disclosure of terrorist acts and other crimes;
15) the amount of full or partial compensation for the cost of vouchers, with the exception of travel, paid by employers to their employees and (or) members of their families, disabled people who do not work in this organization, to sanatorium-resort and health-improving institutions located on the territory of the Russian Federation, as well as amounts full or partial compensation of the cost of vouchers for children under the age of sixteen years old to sanatorium-resort and health-improving institutions located on the territory of the Russian Federation;
16) the amount of compensation for the cost of travel to the place of treatment and back (including the accompanying person), if such compensation is provided for by federal law;
17) social benefit for burial.
2. For maintenance obligations in respect of minor children, as well as for obligations to compensate for harm in connection with the death of the breadwinner, the restrictions on foreclosure established by clauses 1 and 4 of part 1 of this article shall not apply.

The company received a decision to send a copy of the writ of execution for execution at the place of work of the debtor from the bailiff service. The debtor is an employee of the Company, the Claimant is the former spouse of the debtor. During the execution of this resolution, it turned out that the Claimant changed her last name and, in confirmation, provided the Company with a copy of her passport with a new last name and bank details for transferring funds also to a new last name.

Question:

Does the Company have a risk in connection with the transfer of funds under the writ of execution to the current name of the Claimant different from that indicated in the writ of execution and resolution?

Answer:

In general, this situation does not pose serious risks for the Company, since if only the name of the recoverer is changed, the party does not withdraw from the legal relationship.

In accordance with paragraph 20 of the Resolution of the Plenum Supreme Court RF dated 11/17/2015 No. 50 “On the application of legislation by the courts when considering certain issues arising in the course of enforcement proceedings” name change individual do not require the court to resolve the issue of procedural succession, since this does not entail the withdrawal of a party in a disputed or legal relationship established by the court.

In this case, the bailiff issues a decision to initiate enforcement proceedings indicating both the new and former name (name) of the recoverer or debtor with the attachment to the materials of the enforcement proceedings of documents confirming the relevant changes (for example, certificates of name change). When changing the name of the recoverer or debtor in the course of enforcement proceedings, the bailiff indicates this in the relevant resolution, and, if necessary, may amend the previously issued resolutions in relation to Part 3 of Art. 14 federal law dated 02.10.2007 No. 229-FZ "On Enforcement Proceedings".

According to part 3 of Art. 14 of the Law on Enforcement Proceedings, the bailiff or other official of the bailiff service has the right, on his own initiative or at the request of the persons participating in the enforcement proceedings, to correct the typographical errors or obvious arithmetic errors he made in the decision. These corrections are made by a resolution on amendments to a previously issued resolution ( those. changes to the decision due to a change of name are made either at the initiative of the bailiff, or at the request of the persons participating in the enforcement proceedings).

Also, clause 3.1 of the Guidelines on the procedure for fulfilling the requirements of executive documents on the recovery of alimony approved. FSSP of Russia 06/19/2012 No. 01-16 established that in the event of a change in the last name, first name, patronymic of persons participating in the enforcement proceedings for the recovery of alimony, bailiff- the executor is recommended to attach the relevant documents confirming this fact to the materials of the enforcement proceedings, issue a decision to replace the last name, first name, patronymic of the person participating in the enforcement proceedings, and carry out enforcement By general rules established by the legislation on enforcement proceedings.

We draw your attention to the fact that the Law on Enforcement Proceedings does not provide for the obligation of the parties to inform the bailiff about the change of name, nor does it provide for liability for failure to report information about the change of name. In our opinion, this is due to the fact that when one of the parties to the enforcement proceedings changes their name, the party does not withdraw and the legal relationship continues to exist between the original persons. The change of the surname by the creditor does not entail the termination of his rights and obligations as a creditor, just as the change of the debtor's surname does not entail the termination of his rights and obligations as a debtor.

Thus, the Company may not submit to the bailiff information about the change in the name of the recoverer and make payment taking into account new surname claimant, however, in order to avoid the risks of disputes related to the execution of a judicial act, we recommend that the Company apply to the bailiff with an application to change the name of the claimant (change of surname), attaching copies of supporting documents.

The right for the bailiff to issue a decision by the bailiff to change the name of a person is established due to the absence of a direct prohibition of the law on the issuance of such a decision, as evidenced by arbitrage practice (Determination of the Kemerovo Regional Court dated June 05, 2013 case No. 33a-4365).

We also inform you that in practice there are cases when a party to enforcement proceedings applies to the court with an application to amend the writ of execution and the court issues an appropriate ruling, however, such a position does not find appropriate enshrinement in the Law on Enforcement Proceedings and contradicts the position of the Plenum of the Supreme Court.

Learn how to prepare management reports in our new . Owners are willing to pay more for management reports than for tax ones. We will give an algorithm for setting up reports and show how to integrate them into your daily accounting.

Education remotely. We issue a certificate. to the course "Everything about management accounting: for an accountant, director and individual entrepreneur". While for 3500 instead of 6000 rubles.

1. I have been a child support recipient for 8 years now. Alimony is credited to the card through Sberbank from the debtor's enterprise. A year and a half ago we changed our place of residence, and a little later I got married and changed my last name. I received all documents for a new one. The card on which the alimony came is issued in the old name and is valid until 2021. In Sberbank, I received a new card, on which I now receive wages. During the year I calmly received alimony on the old card. But in the last month they didn’t arrive and they told me in the accounting department that they made transfers to my account, but the money was returned, since there is no such recipient (the bank answered). Please tell me my next steps. Where to apply for amendments and submission of documents.

Lawyer Kashketova E. A., 134 responses, 91 reviews, online since 06/05/2019
1.1. Contact the bailiffs who have enforcement proceedings.

Lawyer Varakosov A.V., 38497 responses, 18516 reviews, online since 06/15/2011
1.2. You need to contact the bailiff service, where enforcement proceedings have been initiated. If you directly contacted the bank, then provide documents confirming the change of surname.
According to the law, the bailiff issues a decision to initiate enforcement proceedings indicating both the new and former name (name) of the recoverer or debtor, attaching documents confirming the relevant changes to the materials of the enforcement proceedings. When changing the name of the recoverer or debtor in the course of enforcement proceedings, the bailiff indicates this in the relevant resolution, and, if necessary, may amend the previously issued resolutions in relation to Part 3 of Art. 14 of the Federal Law of October 2, 2007 No. 229-FZ "On Enforcement Proceedings".

2. Received by mail a Court Order issued in absentia without our notification by a justice of the peace on the collection of debt from LLC Management Company... Which was changed two years ago and requires payment of debts for housing and communal services and penalties and state duties for two months of 2017, indicating in the court order
Collect from the debtor Surname First Name Patronymic and then the date and place of birth is unknown living at the address and address of the apartment in the property
My mother is the owner of this apartment but is not registered in it
Question: how to write in the cancellation of a court order without indicating the date and place of birth?
And in general, is it legal, is it possible that this company already does not exist since they know the full data about the owner, indicating the date and place of birth is unknown
ATP in advance.

Lawyer Kashapov R.Z., 12568 responses, 6626 reviews, online since May 28, 2014
2.1. Good afternoon
Write in a free form with justification, you may not indicate the date and place of birth (Article 129 of the Code of Civil Procedure of the Russian Federation).

Law firm LLC "Regional Center for Legal Services", 321 responses, 165 reviews, online since 06/14/2016
2.2. Yes, the requirements of the Criminal Code for the collection of debts comply with the conditions of the law. The cancellation of the court order is carried out by the justice of the peace on the basis of the objection filed by the defendant.

To execute specifically the sample objection to court order you need to know the basis for the content of the objection. The absence in the court order of the date and place of birth of the debtor cannot be a basis for appealing and canceling the court order.

For your information: Civil Procedure Code of the Russian Federation of November 14, 2002 N 138-FZ (as amended on December 27, 2018) (as amended and supplemented, entered into force on December 28, 2018)

Article 124. Form and content of an application for issuing a court order

1. An application for issuing a court order shall be submitted in writing.

2. The following must be indicated in the application for issuing a court order:

1) the name of the court to which the application is submitted;

2) the name of the recoverer, his place of residence or location;

3) the name of the debtor, his place of residence or location, and for a citizen-debtor also the date and place of birth, place of work (if they are known);

4) the claim of the exactor and the circumstances on which it is based;

5) documents confirming the validity of the claim of the recoverer;

6) list of attached documents.

Article 122. Requirements on which a court order is issued

A court order is issued if:

Claims for recovery of arrears in payment of housing and utilities, as well as telephone services;

Article 126. Procedure for issuing a court order

1. A court order on the merits of the stated claim shall be issued within five days from the date of receipt of the application for issuing a court order to the court.

2. A court order is issued without a trial and without summoning the parties to hear their explanations.

Article 129. Cancellation of a court order

The judge cancels the court order if the debtor raises objections regarding its execution within the prescribed period. In the ruling on the cancellation of the court order, the judge explains to the exactor that the stated requirement can be presented to them in the course of action proceedings. Copies of the court ruling on the cancellation of the court order shall be sent to the parties no later than three days after the date of its issuance.

Article 128

The judge sends a copy of the court order to the debtor, who, within ten days from the date of receipt of the order, has the right to file objections regarding its execution.

3. I am suspicious of the document received from the bailiffs.

Good afternoon. My name is Kondratyuk Natalya Viktorovna. I live in the city of Korolev, Moscow Region, I am married, I have a daughter of one and a half years and two adult sons, I am a HR and HR manager by profession, I am on leave to care for a child up to three years old. My husband lives with me, but is registered at home in the Astrakhan region, Akhtubinsk.
My ex-wife (April 11) brought a decision (dated April 2) from bailiffs to collect alimony debt from wages and a court order (copy) dated 11 years ago (2008), and indicating three children, and the oldest child is not genetically his.
The document (decree) makes me suspicious (I myself, most of my work, worked in the personnel department and got used to the order in the documents), it was compiled with errors, words were omitted in the sentences, as if they were downloaded from the Internet, in a hurry and did not check, Wrong font, wrong fields, no barcode (I saw other regulations, on other people and samples on the Internet and specifically on your site, not like that!), no details, the print is not readable. Also in this resolution, the maiden name of the recipient of the funds is written (and we know that a year ago (May 2018) she got married and changed her last name, and, accordingly, her passport and other documents), also in the resolution itself there are no details where to list the deductible, they attached as a separate sheet and the bank account details themselves in a different surname.
Also, my husband did not know that the ex-wife filed for alimony so long ago (2008, and did not receive any documents), when they were still married and they had just had a second child, and even for the child with whom he took. He made his first official alimony payments in 2017, after the divorce (2016). And since the breakup of their family, he regularly paid, in cash or by transfer to a card, and also: he raised her eldest daughter (from two years old), left them his living space and did not share joint property. I myself witnessed the translations. And so far he has paid too!
But now his ex-wife refuses to recognize his payments, accuses him of being a bad father, a miser, a debtor, and in general a bad person and will never see children again. (The last time my husband saw his children was in 2017, before moving in with me, since then his ex-wife has refused to see him with his children, hides his address of residence (she also moved from Akhtubinsk to the Moscow region), she also changed the phones for the children).
According to this decision, it turns out that my husband must transfer to his ex-wife 33% of his salary towards alimony for two minor children and 27% due to the resulting debt. The total is 60%! It is impossible to find out exactly how much the debt is and for how long, because the bailiff, whose name is indicated in the decision, does not want to communicate, when talking on the phone, he screams, swears, calls my husband a malicious non-payer, even a lawyer, to whom I went for help, refused to give any information, arguing that she was not obliged to do so. We also cannot find the ruling itself either on the website of the Akhtubinsk court, or on the website of the bailiffs, or on public services, it is nowhere to be found, and they did not come by mail and did not receive a single document. It is also not possible to go to the husband’s homeland on our own, because the daughter is still very small and can hardly endure the trip, there is no one to leave her with, there are no grandmothers, the eldest sons are in the army.
My husband's salary is not big, only 30 thousand rubles. And the three of us live on it, I can’t work, my daughter is only one and a half. It turns out that after deductions, his salary will be lower living wage for one, and if divided into three, then we will go around the world.
I also know for certain that my husband's ex-wife often took and is now taking loans and microloans, and does not pay on them, has a lot of debts and blocked bank accounts (these circumstances were the main reason for their divorce, not me! We met after their divorce!), all the information about the ex-wife is freely available on the website of the bailiffs (and believe me, it is terrifying, there is a sum with six zeros).
My husband had an incident at his last job, also according to the decision (he thought that they divorced and she filed for alimony), he was deducted most of his salary upon dismissal, not during work, namely upon dismissal. He dealt with this for a long time, it turned out that the accountant of the plant where he worked and was about to quit (because he was moving to another city, to me, I was already pregnant with my daughter and we were going to formalize the relationship, and at this plant they delayed wages), unknown a woman brought her a decision from the bailiffs and a copy of the court order for three children, the accountant did not think for a long time, quickly made the calculation, and transferred the money to the details attached to the decision. (The decision indicated the percentages of 50 and 27, but at the time of the decision, the eldest child was already 18 years old (I note again, she is not his daughter, but he raised and taught her, dressed and shod her!). To prove that the child grew up and my husband owes her nothing, we couldn’t. The ex-wife never received that money, she herself admitted, because the bank arrested them on account of debts. We couldn’t find the ends of that money, and honestly it wasn’t before, I was on recent months and the husband was looking for a new job, only the accountant received a reprimand from the management.
With his ex-wife, they then peacefully agreed that he pays her a certain amount per month and she will not send anything anywhere, and if he pays her a very large certain amount with six zeros (I won’t write which one, it was their personal correspondence, my husband didn’t know what I was reading in secret (well, to at least somehow be aware of what was happening), and forbade me to talk about it), then she would leave him forever and allow him to see the children. My husband does not have that kind of money, and neither do I, he is an ordinary person, not an oligarch and not a millionaire, a simple hard worker, and I am not the daughter of a Rockefeller.
And until April of this year, he paid everything regularly, sometimes by card, sometimes at a personal meeting (he often visits the city where she currently lives for work), everything was fine, everyone is happy, except for: confessions in love, readiness to leave her husband at this very second, drunken threats, obscenities and other nasty things about my husband, which she wrote or dictated in instant messengers. (To my questions why he allows and endures this, the husband answered: “she is such a person, there are children there, maybe she will let them see, they will grow up and understand everything, I don’t want to quarrel with her”).
On April 11, his ex-wife (and perhaps not herself) brought this order from the bailiffs to her husband at work, and now everyone is in a big shock: CEO threatens to be fired Chief Accountant she doesn’t know what to do so as not to offend the employee and break the law (thanks to her, she agrees to wait with payments and deductions until her husband solves this problem, although we have very little time, payday is very soon). I am all the more in shock, what will remain of our family from her husband's salary? If 30,000 minus 60%, nothing, just pay the communal flat! And what should I feed my daughter, because at the age of one and a half I can’t feed her pasta, but what about my husband? If he doesn't pay, they'll put him in jail. It’s me who needs to find a stranger to look after my child, and I myself need to nail horseshoes and go plow, so that some offended one says: hurrah, I ruined his life and I’m a star ?!
The lawyer, to whom I turned for help, made a claim for the decision of the bailiffs, but until it reaches Akhtubinsk from the Moscow region, until it is considered there, until at least something is sent, the accountant at my husband’s work will make a deduction and transfer the money and again we will not end we will find, and hang around our necks, for the next six years, the maintenance of a star to the detriment of ourselves and, most importantly, our daughter!
I'm sorry I wrote so much, it hurt. Please answer the questions, preferably all:

Lawyer Dmitriev A. S., 90 responses, 60 reviews, online since 04/01/2019
3.1. Hello, Natalya Viktorovna!

1. Are there certain standards for the issuance and execution of orders from bailiffs? (font, print, details, barcodes). How can I find out the authenticity of this document?
Usually, the authenticity of the decision of the FSSP (Federal Bailiff Service) can be verified at the territorial body of the FSSP, or through the website - https://fssprus.ru/iss/Ip

2. If this document causes suspicion not only for me but also for the accountant, then what rights and obligations does she have, and what actions should she take?
The accountant has the right to check the enforcement proceedings - through the website or send an official request to the territory. FSSP body

3. Did the payee have the right to bring the decision herself, if she had, what other documents did she have to provide to the accountant?
The decision may be transmitted by any convenient way, no further documents are required.

4. Is it legal to issue a decision on the maiden name, if a year has passed, how have personal data and documents been changed? (the surname in the decision is one, but in the details is another!)
The resolution must be issued according to the current passport of the recipient of funds, indicating the new full name, bank details. It is worth checking whether there is such a decision in the database at all.

5. Can the resolution simply indicate the interest of the debt? How to find out what is the amount? For what period? From what considerations and according to what formulas and provisions did this percentage come about? And where did the debt come from?
The decision must contain the calculation of all amounts of alimony and debt.
Art. 81 of the Family Code indicates the amount of alimony.
Article 81
1. In the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents on a monthly basis in the amount of: for one child - one quarter, for two children - one third, for three or more children - half of the earnings and (or) other income of the parents .
Article 113 of the UK indicates how to determine alimony arrears
Article 113. Determination of debt on alimony

1. Collection of alimony for the past period on the basis of an agreement on the payment of alimony or on the basis of a writ of execution within a three year period, preceding the presentation of a writ of execution or a notarized agreement on the payment of alimony for collection.
2. In cases when alimony withholding on the basis of a writ of execution or on the basis of a notarized agreement on the payment of alimony was not made through the fault of the person obliged to pay alimony, the collection of alimony is carried out for the entire period, regardless of the three-year period established by paragraph 2 of Article 107 of this Code.
3. The amount of debt is determined by the bailiff based on the amount of alimony determined by a court decision or an agreement on the payment of alimony.
4. Amount of debt on alimony paid for minor children in accordance with Article 81 of this Code, determined based on earnings and other income of the person obliged to pay alimony, for the period during which the collection of alimony was not made. In cases where the person obliged to pay alimony did not work during this period or if documents confirming his earnings and (or) other income are not presented, the alimony debt is determined based on the average wage in the Russian Federation at the time of debt collection. If such a definition of debt significantly violates the interests of one of the parties, the party whose interests are violated has the right to apply to the court, which can determine the debt in a fixed amount of money based on the material and marital status of the parties and other circumstances worthy of attention.
5. In case of disagreement with the determination of the maintenance debt by the bailiff, any of the parties may appeal against the actions of the bailiff in the manner prescribed by the civil procedural legislation.
6. The amounts of the monthly allowance for a child established by federal law, paid during the period of the search for his parents who evade the payment of alimony, in part of their fifty percent increase, are recovered from these parents with an accrual of ten percent of the amounts paid to the budgets of the constituent entities of the Russian Federation. These claims are equated to claims for the payment of alimony.
It is also worth looking at Art. 114 and 115 of the Family Code.

6. Should the details of the recipient be indicated in the resolution? Is it legal to just attach a leaflet with details?

No, just a piece of paper with details is not enough. It is required to enter the details in the decision.

7. What should an accountant do in this situation? Does she have a deadline for not making deductions? What statements or documents should the husband bring to the accounting department in order to extend the deadline to clarify all the circumstances?
The accountant can, before receiving confirmation of the authenticity of the decision, suspend payments, she must also make sure that the documents, calculations are correct, send a request to the official bailiff, with a request to clarify the procedure for applying the decision.
How can an accountant pay money without knowing the amount?

8. What should I do? Where to begin? What documents to collect? Is it possible at my place of residence?

It is worthwhile through the site and the organization of the work of the husband to find out the authenticity of the decision.

9. How can my husband deal with missing money and past payments? How to prove that they were (deductions from work, transfers and cash, property)?
For transfers from the card - everything is simple, it is worth asking the bank for an extract (usually online) for the entire period of payments.

10. How can my husband deal with child dating? And even better, is it possible to take the children to the father permanently?
It is worth filing a lawsuit to establish the order of communication with children. This can be done in your case at the place of residence.

11. How can he protect himself and his family in the future from the actions of this woman? How to prove her past frauds?
Require her to confirm the expenses of alimony (and other funds received from her husband) for children, with receipts, etc.
Let her prove, based on your statements of transfers to the card, and confirmed cash transfers (you can take screenshots of correspondence from messengers, notarize for the court).
Protect yourself - establish a procedure for communicating with children, draw up an agreement on alimony in the same court so that it is not possible to demand more than it should be.

12. Are the actions and accusations of the bailiff lawful? If not, how to hold him accountable for misconduct and insults?
The actions of the bailiff, in my opinion, are unlawful. After establishing the presence / absence of enforcement proceedings, it is worth applying to the territory. Body of the FSSP, tell everything to the head with the presentation of the decision.

Good luck to you, I'm sure everything will work out for you. In any case, accept this situation as the beginning of the denouement of the spouse's past relationship. Everything is for the best, once all issues are resolved and not tormented later)

Lawyer Bychkova N.V., 12169 responses, 5141 reviews, online since 02/07/2011
3.2. You have a lawyer! Why can't he answer your questions.
1 and 2, make a request to the SSP Department that issued the decision and you will find out everything.
3. Yes, I had.
4. The stupid question of legality and not correct. The answer depends on what documents she presented to the bailiff.
5. It is necessary to look at the resolution itself
6. Not necessarily, I can have details and attached to the package of documents: a decision, a copy of a judicial act, details.
7. If in doubt, first request, then answer, then hold.
8. Write requests and complaints. According to you it is not possible.
9. Collect documents confirming transfers and payments and send the bailiff with an application for recalculation
10. In a court of law, at the place of residence of the mother.
11. Until the children reach the age of majority and the debt is not repaid, no way
How to Prove Her Past Frauds - File a Police Report
12. Are the actions and accusations of the bailiff lawful - if he does not have supporting documents, then he is initially right.
If not, how to hold him accountable for misconduct and insults, write complaints and go to court.
Go to a normal lawyer for advice if the one you contacted earlier is competent and cannot advise you and you are looking for free help.

4. 5 years ago I won the court, the debtor has not paid anything, and there are many enforcement proceedings hanging on it. However, not so long ago I found out that the debtor feels great, lives happily ever after, flies to rest, etc. - it turned out that the debtor changed his surname. And if the old surname of the debtor has a sea of ​​\u200b\u200bproductions - more than 20, then according to the new surname - he is pristine.
Question: how to be? To apply again to the same court to make a request to the passport office, determine a new surname and issue a new writ of execution?
p.s. The fact is that it seems to me more correct to do just that. if I start to resolve this issue with the bailiffs - the bailiffs can reassign all the old debts to a new surname and then no one will definitely get anything, and if I bring a new IL individually - then only one of my cases will be in the new surname, because the rest of the collectors have long scored on this debtor ...

Lawyer Ulanov A.S., 3490 responses, 2008 reviews, online since 09.12.2014
4.1. Hello!
If your case is handled by a bailiff who does not handle other cases of this debtor, then you can also contact the bailiff to resolve this issue. Well, your idea is quite logical and in practice it can work. Contact the court.

5. After the divorce, I filed for alimony and moved with the child to another city, now I am faced with the fact that the ex-husband changed his place of work and I have not received money for the child for more than six months, during this time I changed my last name, I decided that, perhaps, the thing is this. I started calling bailiffs. I called for a month, finally I managed to get through, the bailiff was not the one who is in charge of our case, she said that she would convey that I had applied and they would resume court proceedings. After 2 weeks I started calling again, this time I got through 2 weeks later. The bailiff said that she could not do anything without my application, gave her an email address, said to send an application and copies of documents. All shipped the same day. I have been calling for 2 months to find out if they received the documents and how things are going. I just can't get through. Since we have different time zones, I even got up at 5 am to call at the beginning of their working hours. I call every day. I only got through to the office, asked if there might be some hours at which they answer the phone, to which they answered that there were no hours, call further, they got through to me. I call further, of course, but I already think that they should not call, but higher authorities. Please tell me what to do in this case? Also, after I sent the application, on the website of the debtors of the fssp at my ex-husband the debt on the writ of execution in the amount of 5 thousand rubles was highlighted, since I received child support for the last time in May, I think that there can be no such amount? And after the new year, this debt disappeared from him, although I still do not receive alimony.

Lawyer Churakova N. V., 199 responses, 168 reviews, online since 01/09/2019
5.1. Good afternoon Find a complaint about the inaction of the court. bailiff to a higher department, state briefly all the facts and simply a certificate of the progress of the case.

If it is difficult for you to formulate a question, call the free multi-channel phone 8 800 505-91-11 a lawyer will help you

6. What is the probability that bailiffs will look for a debtor who has changed his surname in another region and is not registered anywhere.

Lawyer Kolkovsky Yu.V., 100658 responses, 46975 reviews, online since 07/05/2015
6.1. If the exactor is persistent, then the bailiffs will be able to make them work.

7. The situation is this.
I am a child support recipient. I changed my last name. As expected, I changed all the documents, including the bank card (to which alimony comes). I received the card and an extract with details on November 2, 2018. On the same day, I sent an application for an order to change details to the bailiffs with all supporting documents - by e-mail and Russian post (since I live 1000 km from the bailiffs). The notice of receipt of my letter is dated 11/9/18. Today is 12/6/18. There is still no decision. Accordingly, there was no alimony for October. And in a week there will be an accrual of alimony for November. At the work of the debtor, they refuse to transfer alimony to new details without a decision of the bailiffs. The bailiffs do not give an answer on the phone, they say, write to the mail. On 11/29/18 they answered me that the letter was sent to the work of the debtor. But they didn't get anything at work. They ask you to give the outgoing number and the date of sending. I have been writing to bailiffs for 3 days in a row to find out this information, but they completely ignore me.
It turns out that our rights with the child are violated. To whom and where to complain? How to achieve the payment of alimony (before that everything came on time)?

Lawyer Shagurova K. E., 991 responses, 759 reviews, online since 08/31/2018
7.1. Write a complaint to the senior bailiff about the actions of the bailiff, attaching a copy of the notification of receipt of the SSP of your application. If there is no response to the complaint, you can apply to the court with an administrative claim for the inaction of the bailiff.

8. A question regarding the collection of debts on the basis of a court order. Is the Court Order valid, in which the debtor's data (in this case, the surname) is not relevant, the order was issued in May 2018, and the debtor's surname was changed in February 2018.
Should the Order be amended?
Thank you!

Lawyer Ponomareva O. I., 710 responses, 486 reviews, online since 08/04/2017
8.1. Hello. Write a statement to the bailiff, indicate that the debtor has changed his last name, ask to make a request to the registry office. The bailiff will receive an answer, attach to the enforcement proceedings and continue the recovery.

9. Daughter in the spring of 2015 fully repaid the debt on credit card Tinkov Bank. (We do not remember the exact date). The card was closed, on the account 0. Never more map did not use this bank. Several times I ordered a certificate from the bank that the debt was repaid, the call center employees said that they had sent it, but we did not receive it. In the same year, the daughter got married and changed her last name, yesterday we received a letter from this bank that the daughter is obliged to provide her contact details and that she hides these details from the bank. And why do you need to report your data to a bank whose debt has been paid in full ?! That you need to call the debtor department, otherwise the bank will cede its rights to collectors. Why call the bank and provide your new contact details if the debt is paid in full? Please advise me what to do and where to go. No contracts and information about the debt, except for the screen personal account not preserved.

Lawyer Barzaeva A. A., 135 responses, 94 reviews, online since 10/25/2018
9.1. Hello. Have your daughter send a written request to the bank via electronic means connections.

10. When I filed for alimony for my husband, I was not married to him and had my maiden name. Then they signed after 1.5 years of separation. I took his last name. Now my husband (debtor) got a job. Alimony went to my maiden name. If I hand over a 20-digit account to the accounting department by the name of my husband, will they transfer money to my account? Can I waive child support while married? What documents and where should I submit For a change of surname?

Lawyer Parfenov V.N., 140941 responses, 61229 reviews, online since 05/23/2013
10.1. Yes, you, being married, have the legal right not to refuse alimony. In order for alimony to be transferred to your current surname, you need to provide a copy of the marriage certificate to the accounting department.

11. I have such a situation. By order of the court dated 11.2014, enforcement proceedings were initiated. Some of the funds were deducted from my salary. In 2015, I got married, changed my last name and went on maternity leave. Debts were listed under the old name. In May 2017, I got a job, came out of maternity leave. Recently I saw my new name in the debtors. There is nothing for the old name. The amount is the same. Enforcement proceedings were initiated in July 2017. But so far, a writ of execution has not come to work with a new surname. Can you please tell me how long it takes to expect this sheet at a new job?

Law firm OOO "PRAVOPRO", 20568 responses, 12061 reviews, online since May 18, 2017
11.1. Good afternoon

The fact is that bailiffs send documents through the office, the sheet may lie for several months before being sent. Also, the letter could get lost in the mail. You can call the bailiff and find out when the letter was sent.
Best wishes to you!

Lawyer Lyapin A. O., 305 responses, 95 reviews, online since 06.10.2008
11.2. If you did not receive this court order, then even now it can be canceled and any deductions from wages will stop. However, more than one order could have been issued against you, with new deadlines. That is why you now have this debt. You need to understand in detail.
You can call me and sign up for a free face-to-face consultation. We will analyze your problem in detail and find a solution.

12. Tell me please, I have such a situation: 10 years ago I filed for alimony, I didn’t receive it for 8 years, I got married and changed my last name. I submitted all the documents on the change of surname and received a new writ of execution. I sent him to another city at the debtor's address, and it turned out that the alimony debt began to count from the moment it arrived at the debtor's address. The bailiffs explained that they say the writ of execution was not drawn up correctly. How can this be sent to them to calculate the debt for 8 years, then it amounted to about 500 thousand, today the debt is 35,000. Can I contact the bailiffs at the address of my registration and change the writ of execution in my city, or should this already be done there where the writ of execution is sent. And how can this be if the pay slip for the debt was sent to them. Thank you in advance for your response.

Lawyer Cherednichenko V.A., 193263 responses, 73802 reviews, online since 05/12/2015
12.1. A new writ of execution can only be obtained in the court where the original writ was issued. It is impossible to get it in your city.

A court order at the place of registration of the debtor, where he has not lived for 6 years (the debtor is 21 years old). From the moment of the death of his parents, when he was still a minor, and about the presence of a court order issued in February, the debtor (he had already changed his last name during adoption) only learns in July from the FSSP website. Is it possible to restore the time limit for filing an objection to this court order. Read answers (2)

13. Can I sue the guardianship authorities (received a repeated refusal to change the name of a minor child). 1 time they said there are no certificates that he is a debtor, 2 times they said yes there are certificates, but little time has passed, the child is only a year old. (The law does not say anything about time, to whom it is not enough, in whose opinion, and so on). As a result, I have the choice to sue my ex-husband who is hiding from us and does not pay alimony and against the change of surname, or the guardianship authorities as not protecting the interests of my child. Where are the chances?

Lawyer Chizhov A.I., 10713 responses, 3377 reviews, online since 02/09/2006
13.1. Olga, I think that first you need to file a lawsuit against your husband for the payment of alimony, and only then - an administrative lawsuit against the guardianship and guardianship authorities, the husband will be a third person there.

If you can't figure it out on your own, I'd advise you to contact a lawyer.

14. I have a namesake in another city, my full name and date of birth are the same, and my namesake is a debtor, they constantly write off money from me because of her, there are a lot of problems. Is it possible to fight this somehow? Tired of proving that I'm not a debtor.
Would changing the name make a difference in this situation?
Please help me to resolve this issue!

Lawyer Merny M. A., 3001 responses, 1663 reviews, online since 05/11/2018
14.1. Hello Anna.
Changing the last name will certainly help, but I think it's too radical and it's about future possible obligations.
For those that arose earlier, you can’t get away from this, since it is very rare that both the full name and date of birth coincide. But it is enough to bring such a thing to the end once and most likely it will stop.

Lawyer Epifanov D. Yu., 1073 responses, 849 reviews, online since 04/10/2018
14.2. Good afternoon Anna! You may have the same full name and date of birth, but there is no passport data, place of registration. When a writ of execution is issued or, in general, any legal actions are carried out by a citizen, then passport data and registration are always indicated in addition to the full name and date of birth. Therefore, enforcement proceedings cannot be initiated against you, and bailiffs write off money only according to the data provided to them by credit institutions. Therefore, write complaints to the prosecutor's office, to the FSSP department in your region. You are required to return the money. You can even seek damages through the courts.

15. The recoverer presents a duplicate of the court order (according to which there is no court decision that issued such a duplicate - this court did not exist at all). The debtor was given a court order and a ruling on changing the name of the recoverer, but there was no court session to issue a duplicate of the court order, this was told to me by the secretary of the court. Can a duplicate court order be considered forgery?

Lawyer Furlet S.P., 1450 responses, 1373 reviews, online since 03/04/2018
15.1. Hello!
If in the case indicated by you in the question, in accordance with Article 430 of the Civil Procedure Code of the Russian Federation (CPC of the Russian Federation), there was no court session on issuing a duplicate of this court order, then in the actions of the persons who "concocted" it, there are obvious signs of composition crimes under Article 327 of the Criminal Code of the Russian Federation (Criminal Code of the Russian Federation) "Forgery, production or sale of a forged document". Moreover, if this duplicate was previously presented by someone as evidence in civil, criminal, administrative cases or a case of an administrative offense, then the actions of the bearers may contain signs of a crime established by Article 303 of the Criminal Code of the Russian Federation.

16. What should the bailiff do if the alimony debtor changed his surname and did not notify about it?

Lawyer Daisling T. A., 6713 responses, 2491 reviews, online since 08/22/2015
16.1. What should the bailiff do if the alimony debtor changed his last name and did not notify about it? - The bailiff must make a request to the registry office to change the last name, first name, patronymic.

17. They called me half a month ago at work and introduced themselves as MFO Money immediately, that I allegedly owe them, I have a debt of 68,000 rubles. I didn't order or take anything from them. I went to their office to figure it out, asked for a copy of the contract, because. they told me there that I was in their database of debtors by my old name, that the loan was taken 2 years ago. They refused to tell me to write a statement to the management that they provide a copy of the contract, I wrote, gave all my new data (I changed my last name, got married). They said they would call you and tell you the solution. Nobody called, they sent a letter where they write about the refusal to consider my application. I did not provide them with the documents on the change of personal data, although I provided them with everything. No one else calls, they are silent. Advise what to do.

Lawyer Astsatryan N. V., 41725 responses, 23573 reviews, online since 11/24/2016
17.1. Hello! If you are denied a copy loan agreement, then you have the right to file a complaint with the Central Bank of the Russian Federation, as well as the prosecutor's office.

Lawyer Mokrushin L. A., 3697 responses, 3048 reviews, online since 12/11/2017
17.2. Good afternoon, Evgenia, your situation is very similar to a fraudulent one, so for insurance, if I were you, I would write a statement to the police (then visits and calls to you from this organization will definitely stop), if they can’t find a contract, then on what grounds they claim a debt, all right, contact their management, if possible, use special means when talking with "management", because. for sure you will be "forced" to pay the debt, and later this evidence will be followed by a good alibi for you.

Lawyer Temnov A. N., 1348 responses, 829 reviews, online since 12/22/2017
17.3. Hello, clarification is needed on your question, please contact a lawyer on our website and personally state everything in detail, he will provide you with legal assistance. But no one needs to pay, that's for sure.

17.4. Good day to you. In such a situation, you just have to wait for the appeal to the court or until the deadline limitation period which is 3 years. Good luck and all the best.

18. Such a question. The debtor changed his surname, but his old surname is in the court decision and in the writ of execution. The bailiffs and the wanted list have an old surname in the database. The bailiffs made a request to the registry office. Should the debtor still be in the database by the old surname or should the bailiffs change to a new one?

Lawyer Shestakova G. V., 237 responses, 172 responses, online since 12/16/2017
18.1. Good afternoon. We look at the Resolution of the Plenum of the Supreme Court of November 17, 2015 No. 50 "On the application of legislation by the courts when considering certain issues arising in the course of enforcement proceedings": p.20. A change in the name of an individual, a change in the name of a legal entity that is not related to a change in the legal form, does not require the court to resolve the issue of procedural succession, since this does not entail the withdrawal of a party in a disputed or legal relationship established by the court.
In this case, the bailiff issues a decision to initiate enforcement proceedings indicating both the new and former name (name) of the recoverer or debtor with the attachment to the materials of the enforcement proceedings of documents confirming the relevant changes (for example, certificates of name change or extracts from the Unified state register legal entities). When changing the name (changing the name) of the recoverer or debtor in the course of enforcement proceedings, the bailiff indicates this in the relevant resolution, and, if necessary, may amend the previously issued resolutions in relation to part 3 of Article 14 of the Law on Enforcement Proceedings.
P.21. After the initiation of enforcement proceedings, the bailiff, in case of ambiguity of the executive document, has the right to apply to the court that adopted the judicial act, on the basis of which this executive document was issued, with a statement for its clarification in relation to part 1 of article 179 of the Arbitration Procedure Code of the Russian Federation, article 32 of the Law on Enforcement Proceedings).

19. Such a question. The debtor changed his surname, but his old surname is in the court decision and in the writ of execution. The bailiffs and the wanted list have an old surname in the database. The bailiffs made a request to the registry office. Should the debtor still be in the database by the old surname or should the bailiffs change to a new one?

Lawyer Kashapova I. A., 186 responses, 122 responses, online since 10/30/2017
19.1. Good evening, in this case, the change of persons did not take place, therefore, enforcement proceedings will be conducted in the usual manner, bailiffs can attach a response from the registry office to the documents of enforcement proceedings to continue their work.

20. I wanted to know what is the procedure for the bailiffs, if a writ of execution is issued for one surname of the debtor, and the debtor changed his surname? Does it complicate the process or is it easy to solve?

20.1. Hello! If the debtor changed his surname, then the bailiff has the right to make a request to the registry office. Based on the information from the registry office, the bailiff issues a decision to change the information about the debtor in the decision.

The lawyer issued a warrant on August 22, 2018 to represent the interests of his wife in the IP at the bailiffs, but the warrant contains the new name of the debtor (Elkina N.N.), with whom he took part in the arrest and seizure of property. The debtor informed the bailiffs about the change of surname only on August 23, 2018. Then a new consolidated proceeding was formed. Until August 23, 2018, enforcement proceedings were against N.N. Sidorenko. Can the warrant be declared invalid? And illegal actions of a lawyer. Read answers (1)

21. The debtor under the writ of execution changed his surname and first name. And the cash payments transferred by bailiffs stopped. What to do?

Lawyer Vorobieva N. A., 17163 responses, 6587 reviews, online since 04/14/2015
21.1. Hello Igor.
You can apply to the bailiffs to search for the debtor and his property, in accordance with Art. 12, Art. 65 FZ "On Enforcement Proceedings"

21.2. Hello dear Igor!
You asked the lawyers of this site a very important legal question for you, hoping to get more complete explanations from them with links to the necessary regulations, rather than short answers.
Firstly, if the debtor in enforcement proceedings has changed his last name and first name, then the writ of execution issued by the court in this case is no longer valid, since it contains other data on the last name and first name of the debtor (see Article 13 of Federal Law No. 229-FZ "On Enforcement Proceedings ").
Secondly, in this case, the recoverer has the right to apply with the Application to the court that issued the decision to collect the debt from the defendant, to replace the debtor. The court will consider this Application, the evidence to it and issue a Ruling on the replacement of the debtor, on the basis of which the court will issue a new writ of execution to the recoverer indicating the new name and surname of the debtor.
The claimant will present this writ of execution with the Application again to the SSP at the place of residence or at the place of stay of the debtor.

A specific lawyer can help to understand this in more detail, incl. from this site by agreement, after receiving more complete and necessary information on a legal issue and (or) copies of the necessary documents.
Good luck to you.

22. Such a problem, my husband divorced 1.5 years ago, he did not pay alimony. He was considered a debtor, but he filed something because he is a father, even if he pays. In general, I wanted to deprive him of his rights. I don't know how to do it. He does not help the child, does not see him, is not interested in him, alimony, of course, began to come, does not participate in upbringing. There were constant threats in my direction, I saved the audio recording, screenshots of messages. I have my own family, my son considers his stepfather to be his father, he is ready to adopt. But the birth father of the child does not approve of the change of surname and refusal. How and what can I do to deprive my rights, or change my surname, how and what can I do? Is it possible or not to deprive because of threats, despite the fact that he pays alimony? The child is 3.5 years old.

Lawyer Iskibaeva E. Yu., 24071 responses, 13075 reviews, online since 01/05/2017
22.1. Hello!
If there were threats to life and health, then you can contact the police and if you bring it to a sentence under Art. 119 of the RF IC, when it comes into force, then there will be grounds for going to court with an application for deprivation of parental rights. If he pays alimony and wants to participate in the life and upbringing of the child, then you have practically no chance.

Lawyer Akhmedov T.F., 51335 responses, 24319 reviews, online since 04/21/2016
22.2. Hello.
Parental rights can only be terminated by a court order. The grounds for deprivation are indicated in article 69 of the RF IC .. study the article.

Lawyer Batkaeva Yu.V., 25972 responses, 11865 reviews, online since 01.12.2014
22.3. Hello. The grounds on which it is possible to deprive the parental rights of the father of the child are provided for in Article 69 of the Family Code of the Russian Federation. In your situation, most likely, you will not be able to deprive him of his rights.

Lawyer Polyansky M. P., 27609 responses, 13805 reviews, online since 06/27/2015
22.4. . Deprivation of parental rights

The procedure for deprivation of parental rights

1. Deprivation of parental rights is carried out in a judicial proceeding.
Cases on deprivation of parental rights are considered upon the application of one of the parents or persons replacing them, the application of the prosecutor, as well as on the applications of bodies or organizations that are responsible for protecting the rights of minor children (guardianship and guardianship authorities, commissions for minors, organizations for orphans and children left without parental care, and others).
(as amended by Federal Law No. 49-FZ of April 24, 2008)
(see text in previous edition)
2. Cases on deprivation of parental rights are considered with the participation of the prosecutor and the body of guardianship and guardianship.
3. When considering a case on deprivation of parental rights, the court decides on the recovery of alimony for the child from the parents (one of them) deprived of parental rights.
4. If the court, when considering a case on deprivation of parental rights, finds signs of a criminally punishable act in the actions of the parents (one of them), it is obliged to notify the prosecutor about this.
5. The court is obliged, within three days from the date of entry into force of the court decision on the deprivation of parental rights, to send an extract from this court decision to the civil registry office at the place state registration the birth of a child.

23. Such a problem, my husband divorced 1.5 years ago, he did not pay alimony. He was considered a debtor, but he filed something because he is a father, even if he pays. In general, I wanted to deprive him of his rights. I don't know how to do it. He does not help the child, does not see him, is not interested in him, alimony, of course, began to come, does not participate in upbringing. There were constant threats in my direction, I saved the audio recording, screenshots of messages. I have my own family, my son considers his stepfather to be his father, he is ready to adopt. But the birth father of the child does not approve of the change of surname and refusal. How and what can I do to deprive my rights, or change my surname, how and what can I do? Is it possible or not to deprive because of threats, despite the fact that he pays alimony?

23.1. Good day, dear visitor!
Of course, you can apply to the district court to deprive him of his rights, the grounds for deprivation are established by Art. 69 RF IC

Lawyer Shevchenko O.P., 177970 responses, 77656 reviews, online since 04/27/2009
23.2. You should contact district court and file a claim for termination of parental rights. At the same time, he will have to pay child support.

Lawyer Dyakin A.V., 15403 responses, 6706 reviews, online since 05/19/2015
23.3. Hello
The grounds for deprivation of parental rights are specified in Article 69 of the RF SC
"Family Code of the Russian Federation" of December 29, 1995 N 223-FZ (as amended on October 30, 2017)
. Deprivation of parental rights

Parents (one of them) may be deprived of parental rights if they:
evade the fulfillment of the duties of parents, including in the case of malicious evasion from the payment of alimony;
refuse without good reason to take their child from a maternity hospital (department) or from another medical organization, educational organization, a social service organization or from similar organizations;
(as amended by Federal Laws No. 49-FZ of 24.04.2008, No. 317-FZ of 25.11.2013, No. 358-FZ of 28.11.2015, No. 39-FZ of 28.03.2017)
(see text in previous edition)
abuse their parental rights;
mistreat children, including exercise physical or mental violence against them, encroach on their sexual inviolability;
are patients with chronic alcoholism or drug addiction;
have committed an intentional crime against the life or health of their children, another parent of the children, a spouse, including a non-parent of the children, or against the life or health of another family member.
(as amended by Federal Law No. 457-FZ of December 30, 2015)
(see text in previous edition)

24. The decision to send a copy of the writ of execution for execution at the place of work of the debtor states that we must independently calculate the amount of the debt from 2.09.2017, but the debtor has been working with us since 02.10.2017, but we do not know his income in September, how to be ?
And also in the same resolution it is indicated that we must hand over the amount of the debt to the recoverer personally or send it by mail, while a copy of the passport and bank account details are attached to the resolution, BUT! the surname of the claimant in the decision differs from that in the passport and bank details, while the change of surname occurred, judging by the issuance of a new passport, more than a year ago, is it worth paying attention to this discrepancy? Wouldn't it be a violation on our part to make a withholding on conflicting documents?

Lawyer Mataev A.G., 40206 responses, 22127 reviews, online since 07/07/2011
24.1. Good day, dear visitor
Of course, you need to look at the documents for the exact answer.
Good luck in resolving your issue.

Lawyer Derevyanko S.Yu., 155779 responses, 56963 responses, online since 08/15/2012
24.2. Good day to you. It is necessary to study all your documents for consultation. I wish you good luck in resolving your issue.

25. What if I have already received enforcement documents on the recovery from an individual who has changed his surname, can I now send documents to the bailiffs to initiate enforcement proceedings, and already in the course of it, send the bailiff information about the change of the debtor's surname?

Lawyer Karasov S. P., 87834 responses, 44849 reviews, online since 08/08/2015
25.1. Hello! You submit a writ of execution to the bailiff at the place of residence of the debtor. The bailiff can make a request to the registry office.

Lawyer Zotov V.I., 36842 responses, 15126 reviews, online since 07/11/2009
25.2. Hello, dear Rustam!
You asked the lawyers of this site a very important legal question for you, hoping to get more complete explanations from them with links to the necessary regulations, rather than short answers.
Firstly, this legal issue is regulated by Federal Law No. 229-FZ "On Enforcement Proceedings" and the Civil Procedure Code of the Russian Federation, which you can familiarize yourself with at any time.
Secondly if you present these executive documents with an Application to the Bailiff Service at the place of residence of the debtor, then the bailiff to whom your Application will be transferred is obliged to initiate enforcement proceedings in accordance with Article 30 of Federal Law No. 229-FZ.
Third, he will not be able to recover something from this debtor in the case indicated by you, and then he will be forced to stop the enforcement proceedings on the basis of Article 43 of Federal Law No. 229-FZ and return the enforcement documents to you.
Fourth, in this case, it is better for you to first apply to the court for the replacement of the debtor and for the issuance of new executive documents to you, and then work purposefully with the bailiff.
Know your rights and obligations regulations, this is good, but it is better to be able to use them in practice to your advantage, and not vice versa.
A specific lawyer can help to understand this in more detail, incl. from this site by agreement, after receiving more complete and necessary information on a legal issue and (or) copies of the necessary documents.
Good luck to you.

26. In 2011, I took a loan from one of the banks, I took it with a card. For three months I paid as expected, then the bank increased my credit on the card. I paid for about two months, and then I had a delay for a month, and it started ... Threatening calls, I called the bank myself to explain the situation, they connected me with the chief and he swore at me and threatened me. After that I changed my phone number. Three or four years later, I received a letter from the collection company that I would be prosecuted for fraud. I was waiting, thinking that the bailiffs would call me, but no one called. Then I called the phone number that was in the letter and gave my last name, but they did not find my last name in the list of debtors. After that, half a year later, another letter came from another credit company that they bought my debt and demanded a return. A copy of the assignment was sent. And now a periodic letter every six months comes with threats that they will sue and the amount of debt is constantly growing. They write that they took 59 thousand and demand the return of 161 thousand. I was waiting for the bailiffs' court but silence. I went to a lawyer with a letter and they told me not to react to these letters in any way. What should I do please tell me.

Lawyer Mataev A.G., 40206 responses, 22127 reviews, online since 07/07/2011
26.1. Good day!
Of course you answered correctly - do not react in any way.
If you can't pay, don't pay, wait for the courts.
Ask the court to reduce the penalty under Art. 333 of the Civil Code of the Russian Federation, and then ask for an installment of the court decision (submitted to the same court that made the decision).
Article 333
1. If the penalty payable is clearly disproportionate to the consequences of the breach of the obligation, the court has the right to reduce the penalty. If the obligation is violated by a person engaged in entrepreneurial activity, the court has the right to reduce the penalty, subject to the debtor's application for such a reduction.
See also, most likely the statute of limitations has expired- 3 years from the date the payment was due.
State this in court and they will be denied a claim
Good luck in resolving your issue.

Law firm LLC "TANDEM", 163 answers, 80 reviews, online since 20.10.2017
26.2. Good afternoon In your case, you should only respond to the court order in time, if such a document arrives by mail within 10 days, send objections to it to the court. Unless of course there is official income. You do not respond to all other letters, threats, these are ordinary scarecrows for debtors! Always happy to help!

27. How to change the name of the debtor in the writ of execution, I am a recoverer, I need to present the sheet to the bailiffs, but the debtor got married and changed her name, I do not have a document about this.

Lawyer Semenov A.F., 35053 responses, 12311 reviews, online since 03/29/2015
27.1. There is no need to change the name on the writ of execution. The bailiff issues a decision to initiate enforcement proceedings and indicates there the old and new surnames.

Lawyer Mataev A.G., 40206 responses, 22127 reviews, online since 07/07/2011
27.2. Hello dear Tatyana
Why do you want to do this?
Bailiffs themselves can request information from the registry office

Good luck in resolving your issue.

28. The alimony debtor was removed from the database of enforcement proceedings without the knowledge of the plaintiff, what could be the consequences for the debtor and bailiffs under the legislation of the Russian Federation?
When searching on the UFSSP website on the database of enforcement proceedings and on the search for debtors, I did not find either the debtor (ex-husband) or the enforcement proceedings. No data! This year in the summer, I went to them and applied for a change of surname and provided them with all the changed data. A month ago, all the data on it on the UFSSP website were! Now they are gone! I did not write a refusal on the writ of execution!

Lawyer Bogolyubov A. A., 19237 responses, 12726 reviews, online since 07/22/2017
28.1. You should write a statement addressed to the bailiff, and in case of refusal to satisfy it or not giving an answer to it, you have the right to file a complaint with the prosecutor's office, and best of all, with the court in accordance with the requirements of the CAS RF.

Lawyer Polyakova A.S., 1139 responses, 627 reviews, online since 01/28/2011
28.2. Good afternoon. First, come to the department and ask the head. If the execution is terminated, you should have been notified, if it was terminated without proper grounds, be sure to appeal!

Lawyer Konyuchenko S. N., 214 responses, 138 reviews, online since 10/11/2017
28.3. Hello,
Enforcement proceedings are removed from the FSSP database in the event of its completion. In your case, the writ of execution was sent for execution at the place of work of the debtor, which serves as the basis for the end of the enforcement proceedings.

29. I always receive alimony on the 13th from the factory where the debtor works. Due to the change of my surname, the alimony was returned back to the factory, in the accounting department on the 16th they said that the money was sent to the bailiffs. The bailiffs said wait for the transfer from them. How long does it take for them to pay child support? Thank you.

Lawyer Derevenko A. R., 16 responses, 12 reviews, online since 09.10.2017
29.1. Debt collection in the framework of enforcement proceedings occurs through the bank account of the bailiffs. This is a deposit account to which the debtor transfers money in the required amount within the time allotted for this. The law obliges bailiffs to transfer money within a specified time frame. This can be found in paragraph 1 of Article 110 No. 229-FZ. It states that the transfer of funds from the bailiff must occur within 5 operational (banking) days from the moment they are credited to the account. If the debtor paid the required amount, but the joint venture did not fulfill its obligations within the specified period, then this is a violation of the law. In this case, the FSSP is responsible for the delay. In this case, you can file a complaint with the FSSP or in court.

30. I am an alimony debtor, I changed my surname, I need to go to the bailiffs.

Lawyer Mataev A.G., 40206 responses, 22127 reviews, online since 07/07/2011
30.1. Hello dear Roman
Yes, of course, you need to inform the bailiff about this, although this is not essential, you can just call

Good luck in resolving your issue.

Lawyer Chekasin S. L., 769 responses, 503 reviews, online since 10/16/2017
30.2. Hello, if you are a conscientious payer and are going to fulfill your obligation, then it is not necessary, but desirable.

Lawyer Radchenko N. V., 307 responses, 161 reviews, online since 04/05/2014
30.3. Hello Roman, you must definitely inform the bailiff about the change of your surname and present your new passport to confirm the data. This fact must be reflected in the case. This will save you from unexpected problems in the future.

1. The situation is as follows, I took out a loan 8 years ago and did not pay it back, they sued me, but the writ of execution was returned to the bank because they did not find income, there is not even any information about me on the FSPP website. Today, foolishly, I called the bank to find out if I had a debt (suddenly they wrote it off as non-cash), to which the girl replied that there was a debt of 80,000 tr. She asked if it was my phone number, I answered yes, to which she began to tell me in a rude tone why she didn’t pay, why she didn’t inform the bank about the change in information, etc. I disconnected. The question is what threatens me now, I changed my surname because I got married, I work officially with a salary of 10,000, in total. I also changed my registration. What should I expect now and what should I do if they start shaking again about the loan?

Lawyer Anikina N. G., 22444 responses, 10705 reviews, online since 09/23/2015
1.1. THE BANK COULD RE-SUBMIT THE WRITING LIST ONLY WITHIN THREE YEARS AFTER THE TERMINATION OF THE ENFORCEMENT PROCEEDINGS. IF THEY DID NOT APPLY THEN THEY ALREADY MISSED THIS DATE. In general, this does not threaten you with anything, except that you reminded yourself of yourself and now they can try to re-submit a writ of execution or index the previously collected amount.

Lawyer Provorova A.Yu., 7144 responses, 2728 reviews, online since 24.09.2013
1.2. Good morning.
Since there is already a court decision, they will not shake, the maximum that they can do is to submit a writ of execution to bailiffs every three years.

Lawyer Kochetkov A. V., 5972 responses, 3587 reviews, online since 04/24/2018
1.3. You are not required to inform the bank about changes in your data, just forget about them. The SID has long passed, you don’t have to pay anything.
There will be a court order, it should be appealed and canceled.

Lawyer Kugeiko A.S., 86702 responses, 38690 reviews, online since 05.12.2011
1.4. Hello,
If the debt is collected through the court, it has not disappeared anywhere and the collector can re-submit the writ of execution to the bailiff service, if he wishes.
I wish you good luck and all the best!

2. I have writ of execution and 50 percent is deducted from my salary every month. At the moment, I got married and changed my last name. Question - can the company calculate writ of execution if I have a different surname?

Lawyer Kovresov-Kokhan K. N., 11275 responses, 5008 reviews, online since 03/17/2019
2.1. Performance list issued per person, not per family name.
The FSSP will make a request to the registry office and establish your name change.

3. Can they not transfer alimony if there was a change of surname, the bank has a new surname and a writ of execution for the old one?

Law firm LLC "Law Company DE JURE 58", 327 responses, 197 reviews, online since 04/13/2019
3.1. Christina, alimony should continue to be transferred to you. When changing your last name, you need to contact the bailiff service and submit copies of your passport and marriage certificate. The deadline for providing these documents is not specified, but it is better to do this without delay.
Good luck to you.

4. Changed her last name in 2014. In 2018 there was a trial that I did not know about. I was charged unjust enrichment. And only three days ago, a resolution on the recovery came to work, but already for a new surname. I went to the bailiffs and found out that the writ of execution was in the old surname, the bailiff made a request to the registry office, documents came about changing the surname and on this basis, she changed my surname in the recovery order. Did the bailiff have the right to change her surname in the proceedings, because the surname was changed long before the trial. And by what law? Thanks in advance.

Lawyer Korchun E. A., 132 responses, 109 reviews, online since 06/24/2019
4.1. Hello Olga.

Art. 12 of Federal Law No. 118-FZ of July 21, 1997 On bailiffs gives the bailiff the right to search for a debtor, including obtaining information from the competent authorities (in your case, the registry office) and processing your personal data.
Thus, upon receipt of a certificate from the registry office about changing your last name (regardless of the date of the change), the bailiff has the right to make changes, but these changes, like any actions of the bailiff in the framework of enforcement proceedings, in accordance with Art. 14 of Federal Law No. 229-FZ of 02.10.2007 must be issued by a resolution, if there is no resolution, then this is a procedural violation and the actions of the bailiff can be considered illegal, obliging the said resolution to be issued.

Also, if you did not know about the civil case, you can request a decision in court and at the same time file an appeal (after receiving the decision, the complaint can be supplemented) with a request to restore the missed deadline for filing it, due to failure to notify you of the consideration of the case.

Sincerely,
Ekaterina Alekseevna Korchun.

If a court order is issued, then it must also be canceled. A court order (Article 122 of the Code of Civil Procedure of the Russian Federation) is a simplified procedure for considering disputes in court without notifying the defendant, to whom you simply have to send a court order by mail, which you have the right to receive, and then file an application for the cancellation of the court order with the court of first instance within 10 days after RECEIVING (Article 128 of the Code of Civil Procedure of the Russian Federation). At the same time, submit without any justification, simply: "I ask you to cancel the court order, I object to its execution." The court must set aside the writ and explain to the plaintiff his right to file statement of claim. There you will have the opportunity to file your objections to the stated claims, incl. to reduce the penalty on the basis of Article 333 of the Civil Code of the Russian Federation, or to declare the application of the limitation period (Article 199 of the Civil Code of the Russian Federation), if the limitation period has expired. Good luck in resolving your issue!

Lawyer Voytovich M. Yu., 1533 responses, 1085 reviews, online since 01/17/2019
17.8. The court order is issued without summoning the parties (Article 126 of the Code of Civil Procedure). However, the Magistrate's Court should have sent a copy of it to your address (Article 128 of the Code of Civil Procedure)
If you did not know anything about the court order, did not receive any court notices (maybe you do not live at the place of registration), then you can try to file an application for the cancellation of the court order along with an application for the restoration of the missed period (Article 129 of the Code of Civil Procedure). Just do not pull, you have 10 days (working) from the moment you received the decision to initiate an IP from the bailiff. In case of cancellation of the order, the bank will be forced to state its claims in the order of claim proceedings. In court, you will be able to declare that the plaintiff has missed the limitation period, as well as reduce the amount of the penalty in accordance with Article 333 of the Civil Code.

Lawyer Kalashnikov V.V., 188668 responses, 61684 reviews, online since 09/20/2013
17.9. In general, bailiffs do not send a writ of execution. He stays with them. They send a decision.
And according to the old surname, a court decision must be made. On succession (Article 44 of the Code of Civil Procedure of the Russian Federation). If this was not done, then they are illegally charged.

Lawyer Ligostaeva A.V., 237160 responses, 74614 reviews, online since 11/26/2008
17.10. --- Hello, dear site visitor, do not disregard this. Urgently contact the bailiffs (you can go to the world court with a passport) and ask for a court order, it should be canceled (if the limitation period has passed), extend it! Do not pay anything, but send them to heaven (mountain) court. In court, ask to dismiss the claims due to the fact that the limitation period of 3 years was missed. If you do not declare this, the court itself does not have the right to apply the limitation period and will consider any case outside the limitation period, see the Civil Code of the Russian Federation Article 196. General limitation period 1. The general limitation period is three years from the date, determined in accordance with Article 200 of this Code.

Good luck and all the best, with respect lawyer Ligostaeva A.V.

Lawyer Cherednichenko V.A., 193263 responses, 73802 reviews, online since 05/12/2015
17.11. Yes, it's legal. Changing your last name does not release you from debt. In addition, usually a similar situation develops if a person does not actually live at the place of registration. Therefore, a court order or a court decision could be sent to the place of your registration. Well, then there will be the execution of the decision or order in accordance with the Federal Law "On Enforcement Proceedings".

18. Debt on alimony, voluntarily deprived of paternity and change of the name of the child and alimony is no longer accrued, the agreement on repayment of the debt is oral, the ex-wife takes the writ of execution, can she reapply for alimony?

Lawyer Lagutin O. N., 4042 responses, 2625 reviews, online since 01/27/2019
18.1. Can apply... no problem at all.

Sergey Yuny Barmaleikin, 15866 responses, 854 reviews, online since 10/25/2011
18.2. If after the adoption, adoption, there is a debt for alimony, then you are obliged to pay it. If the former claimant submits a statement that there are no claims against you, then there will be no debt, and the bailiff will graduate from the IP. The recoverer will no longer present to the bailiffs the Spanish. document, because there is no debt, the IP for alimony is over according to Article 120 of the RF IC.

19. Received a writ of execution for a debt with an old surname. She changed her last name 6 years ago. I just received the writ of execution. Will they be able to deduct from the salary? After all, the statute of limitations has passed. How to be?

Lawyer Ulanov A.S., 3490 responses, 2008 reviews, online since 09.12.2014
19.1. Hello!
Where did you get IL? Changing your last name does not change your identity as a debtor, so it doesn't matter. You can, of course, on this basis, protest with the bailiffs of the IL, but they will receive a new surname and that's it. The validity period of the IL is three years, you need to look at the bailiffs on the website, when enforcement proceedings were initiated on the IL. It is possible that all these years bailiffs have been looking for you by your old name.

20. I lived in the city of Novotroitsk, Orenburg region. She was born there, married, then divorced and filed for alimony. The local court awarded alimony, paid regularly for 1.5 years regularly. Then stopped paying more than 5 years later. My daughter is already 11 years old (full) I have repeatedly applied to the FSSP at the place of residence. Answer: we can’t find it, take your writ of execution and look for yourself. Further, I turned to the police to find him and put him on the wanted list, but they did not accept my application, they said that they were not looking for alimenchiks. The last time I applied to the FSSP was in July 2018. I currently live in the city. Naro-Fominsk, Moscow region. She got married and changed her surname now Gromnitskaya Olga Dmitrievna.

Lawyer Ishbulatova G. R., 772 responses, 528 reviews, online since 04.10.2017
20.1. Hello! You need to apply to the court for recognition of him as missing and ask for a pension for the loss of the family member.

21. Claimant in Crimea, defendant in Dnipro. Recently. 13 years after the divorce, the entrepreneur's account was arrested. The divorce was in 2005 at the 7th month of pregnancy at the initiative of the BZ and the joyful consent of the BM (by the way, the biological father was always known, married, with money, lives in the Crimea, threatens the BZ with beating in the entrance of the house, but periodically gives her some money, so that did not establish paternity in court). Before the divorce, BM lived with BZ in different cities and did not meet for 1.5 years. He was registered as the legal father of someone else's child under the article on the presumption of paternity. The surname of the child is by mother, the name of the child is not clear. The registry office refused to issue a birth certificate to the legal father, allegedly due to a mistake in the name.! The extract from the state register of Ukraine shows that not only the name of the child was written down while drunk, but also the city of registration of that marriage and the registry office of registration is different and does not correspond to the stamps in the passport. I wonder by whom and for what purpose it was changed in Sevastopol? Instead of the Dnieper, Sevastopol is indicated. Perhaps this was necessary to obtain citizenship and a Russian passport, or to facilitate this. So far, they have refused to show information about the divorce. In the state registry of acts of civil status of Ukraine, there is actually no information about the child for whom alimony was collected. Search result - child not found. It is clear why - the name is different.
The writ of execution of the court incorrectly indicates the place of birth of the defendant, the old address of the place of registration is indicated, the name of the child is indicated, which is not in the state register. The court decision (in absentia) on the recovery of alimony was back in November 2006. The defendant changed his place of registration in June 2006 and still lives there. It is written in the materials of enforcement proceedings that it was started after receiving a duplicate of the writ of execution. Everything that was previously safely lost. Who is to blame is unknown. In base judgments so far, nothing has been found about the court of first instance. The bailiffs did nothing to notify the defendant, although absentee ballots are not in vain issued upon deregistration and are not in vain sent by passport offices to the previous place of registration. Alimony debt for 13 years for someone else's child has grown significantly. A fine in favor of the state of Ukraine was issued in the amount of 50% of the debt.
Questions.
1. How to stop enforcement proceedings?
2. How to prove that the BZ deceived the court by filing for alimony for the legal father instead of establishing paternity and collecting alimony from the long-known biological father, indicated at least 3 incorrect information in the lawsuit and did not indicate 5 necessary ones at all.
3. How to appeal and cancel a court decision in absentia for a number of or one reason?
4. How can I dispute paternity later or first?
5. How to cancel and alimony debt?
They haven't paid at all yet. The respondent did not know anything. Until now, the defendant has not seen the decision of the court of first instance (Leninsky District Court of SEVASTOPOL of 2006) and is not familiar with it.

Lawyer Sokolov D.G., 142236 responses, 33014 reviews, online since 11/23/2008
21.1. Eugene, this is done, in the most general terms, by going to court with a lawsuit to challenge paternity. The longer you delay with this, the more child support will be calculated. You can also put forward in the same claim requirements: for exemption from the payment of alimony, and from debt on them. Contact an attorney to help you handle your case in court.
80% of what you indicated in your question does not matter at all and will not help you in this matter.
You do exactly the same as most legally illiterate people, that is, they begin to look for any errors in commas in documents, cling to all sorts of inaccuracies that do not affect anything at all, mistakenly believing that this is of great importance and should you sure to save. Let the wife indicate at least 1000 incorrect information there in her lawsuit and not indicate 2000 correct ones - legally you were the father at that time and the alimony was collected legally at that time.
Result: no real actions that could help you solve the problem are taken.

22. I want to change my surname to a maiden one, but according to the writ of execution, they withhold 25% from my salary, because. two children, will they be able to find me and will the accounting department transfer this debt from my salary?

Lawyer Korolev Yu. V., 11121 responses, 6959 reviews, online since 01/14/2018
22.1. Lenders will be able to find you if they try very hard.

23. After the divorce, I filed for alimony and moved with the child to another city, now I am faced with the fact that the ex-husband changed his place of work and I have not received money for the child for more than six months, during this time I changed my last name, I decided that, perhaps, the thing is this. I started calling bailiffs. I called for a month, finally I managed to get through, the bailiff was not the one who is conducting our case, she said that she would convey that I had applied and they would resume the court proceedings. After 2 weeks I started calling again, this time I got through 2 weeks later. The bailiff said that she could not do anything without my application, gave her an email address, said to send an application and copies of documents. All shipped the same day. I have been calling for 2 months to find out if they received the documents and how things are going. I just can't get through. Since we have different time zones, I even got up at 5 am to call at the beginning of their working hours. I call every day. I only got through to the office, asked if there might be some hours at which they answer the phone, to which they answered that there were no hours, call further, they got through to me. I call further, of course, but I already think that they should not call, but higher authorities. Please tell me what to do in this case? Also, after I sent the application, on the website of the debtors of the FBS, my ex-husband showed up a debt on the writ of execution in the amount of 5 thousand rubles, since I received alimony for the last time in May, I think that there cannot be such an amount ? And after the new year, this debt disappeared from him, although I still do not receive alimony.

Lawyer Churakova N. V., 199 responses, 168 reviews, online since 01/09/2019
23.1. Good afternoon Find a complaint about the inaction of the court. bailiff to a higher department, state briefly all the facts and simply a certificate of the progress of the case.

24. I wanted to ask my ex-wife owes me a large amount. The court ruled in my favor; received a writ of execution; sent the court to the bailiffs at the place of residence of the ex-wife in another city; this what should I do? Return the writ of execution and go to court again or are there any ways to recover cash from an ex-wife.

Lawyer Kholodilova I.V., 21868 responses, 13003 reviews, online since May 15, 2013
24.1. Hello! The debtor is obliged to inform the bailiff about the change of surname and place of residence, squeak a complaint, she will be held accountable.

25. I changed my last name. Got married this year. I received a writ of execution about the debt on the MOP for 2016 at work (the rest was paid. There was an overhaul of the service. Company). Tell me, is the boss obliged to calculate money from me on account of the debt? Why is my last name different?

Lawyer Datskevich K. E., 11000 responses, 7296 reviews, online since 07/02/2018
25.1. The surname does not release you from liability for the debt, if the writ of execution has come, they will deduct but NOT MORE than 50% of the income, so follow this.

25.2. Changing your last name does not relieve you of the obligation to pay the debt. Moreover, you yourself are obliged to inform the bailiff about this fact, otherwise there may be a fine.

26. Is it necessary to make changes in court to the writ of execution for alimony when changing the surname of the child (they changed the surname, now the child is on the mother's surname)

26.1. No no need. There is a court decision that has entered into force (Article 13 of the Code of Civil Procedure of the Russian Federation), it is enough. And for confirmation, provide a certificate of change of name. Changing the name of the child (Article 59 of the Family Code of the Russian Federation) does not entail the termination of obligations by a court decision. There is a writ of execution, the bailiffs are obliged to execute it, no matter what personal current data.

Lawyer Chernetsky I.V., 60619 responses, 18720 reviews, online since 09/18/2013
26.2. Hello! Not necessary, Art. 13 Code of Civil Procedure of the Russian Federation. Just bring documents about the change of surname.

Lawyer Obolonskaya T. N., 2689 responses, 1717 reviews, online since 09/24/2018
26.3. According to part 2 of article 13 of the Code of Civil Procedure of the Russian Federation, which have entered into force court rulings, as well as legal orders, demands, instructions, calls and appeals of the courts are binding on all, without exception, state authorities, local governments, public associations, officials, citizens, organizations and are subject to strict execution throughout the territory of the Russian Federation.

"In the event of a change in the last name, first name, patronymic of persons participating in the enforcement proceedings for the recovery of alimony, the bailiff is recommended the appropriate documents confirming this fact (certificate of marriage registration, certificate of divorce, certificate of name change, etc. ) attach to the materials of the enforcement proceedings, make a decision to replace the last name, first name, patronymic of the person participating in the enforcement proceedings, and carry out enforcement according to the general rules established by the legislation on enforcement proceedings.

Changes to the writ of execution when changing the name of the child are not made.

27. I pay loans on a writ of execution! I recently changed my last name, can I not pay? After all, the sheet came to the old surname?

Lawyer Sadykov I. F., 49432 responses, 26528 reviews, online since 10/11/2017
27.1. No, changing the surname does not entail the termination of obligations and the termination of enforcement proceedings on the basis of the requirements of the Federal Law on Enforcement Proceedings 229-FZ.

Lawyer Voronchikhin D. A., 7230 responses, 4632 reviews, online since 11/14/2018
27.2. Moreover, you are obliged to inform the bailiff about this, if you do not, there may be a fine.

28. My writ of execution is with the bailiff. After 6 months, it ceased to operate and in this corridor I was able to change my surname in my passport and went abroad without any obstacles. In April, according to the old surname, data again appeared on the site of the bailiffs, I paid the debt. But the border, in theory, will be opened no earlier than 3 weeks after that. Until their bases are updated. There are no debts under my new name. Will this debt be registered under the new surname when crossing the border?

Lawyer Ivanova N. N., 102 responses, 58 reviews, online since 11/01/2018
28.1. Hello! The impossibility of your departure outside the Russian Federation could be in the event that the bailiff made a decision to prohibit such a departure. If it was not, then you have nothing to fear. But in any case, to minimize the risks, contact the bailiff for clarification.

29. I have such a situation. By order of the court dated 11.2014, enforcement proceedings were initiated. Some of the funds were deducted from my salary. In 2015, I got married, changed my last name and went on maternity leave. Debts were listed under the old name. In May 2017, I got a job, came out of maternity leave. Recently I saw my new name in the debtors. There is nothing for the old name. The amount is the same. Enforcement proceedings were initiated in July 2017. But so far, a writ of execution has not come to work with a new surname. Can you please tell me how long it takes to expect this sheet at a new job?

Law firm OOO "PRAVOPRO", 20568 responses, 12061 reviews, online since May 18, 2017
29.1. Good afternoon

The fact is that bailiffs send documents through the office, the sheet may lie for several months before being sent. Also, the letter could get lost in the mail. You can call the bailiff and find out when the letter was sent.
Best wishes to you!

Lawyer Lyapin A. O., 305 responses, 95 reviews, online since 06.10.2008
29.2. If you did not receive this court order, then even now it can be canceled and any deductions from wages will stop. However, more than one order could have been issued against you, with new deadlines. That is why you now have this debt. You need to understand in detail.
You can call me and sign up for a free face-to-face consultation. We will analyze your problem in detail and find a solution.

30. I have a writ of execution from the bailiffs. Debts are slowly being closed, deductions are 50% of wages. She recently changed her surname and is not registered with the MREO, since there is a ban on everything registration actions. A car is required: the work is far from the place of residence. There is some way out of this situation.

Lawyer Kulagin D.V., 29336 responses, 12884 reviews, online since 12/22/2015
30.1. Hello. Since a ban has been imposed on any registration actions, the refusal of the traffic police is legal.
Why re-register with a new name? When changing the full name, only the VU is changed ...
You can only appeal against the actions of the bailiff to impose a ban if there are grounds.

Hello, in accordance with the norms of the current legislation of the Russian Federation, after the change, the documents do not need to be changed, a certificate of change is enough.

groups against judicial arbitrariness

To do this, you will need to contact the bailiff who conducts enforcement proceedings and submit the relevant documents on the change of surname.

The change of surname and passport is not the basis for the termination of the power of attorney and the replacement of the writ of execution. The document confirming the change is a marriage certificate.

Among the materials of the enforcement proceedings, the bailiff-executor must be presented with reliable evidence of a change in the name of the party to the enforcement proceedings.

In the event of a change, there is no need to change all the documents you specified, it is enough to present a marriage certificate, if necessary.

Should the creditor present the bailiff documents on the change of surname

No, just a photocopy of a new passport is not enough to transfer alimony. We need to change the executive order.

The amounts collected for maintenance payments must be transferred to the recoverer in the manner and according to the details specified in the executive document.

But the organization is not obliged to take any action against the claimant itself.

Have a question? Our experts will help you within 24 hours!

Get an answer New

take a copy of the marriage certificate to him, if at work with the debtor - there. All debtors are ready to write fairy tales, and believe me, no worse than the Brothers Grimm.

Family law does not provide for the cancellation of alimony payments due to a change in the name of the recipient, therefore there are simply no grounds for postponing or terminating alimony payments during the period when the writ of execution is changed.

Hello, what about here?

if he stopped paying the ex-husband, they will also calculate the debt, so don’t worry, the change is not a reason, if they don’t recalculate, remind the bailiff yourself about this.

Looking for an answer?

If the ex-wife decides to change the name of the child

You probably did not abandon the child, but agreed to adoption by another person.

In this case, they should not pay alimony Refusal of a child / alimony has no legal force, well, if this is definitely not your child, then apply for DNA, and there will be no alimony. If you are deprived of parental rights, this does not mean a refusal of alimony. You will be required to pay. And what about DNA?

Not your child, give and there will be no alimony If the stepfather adopted the child, then you no longer have to pay alimony.