Last updated February 2019

All actions of the bailiff in relation to the debtor must be strictly within the law. There is an impressive list of what cannot be seized and what is prohibited from being seized. The state protects the place of residence of citizens, so it is impossible to deprive a person of his only home. However, you will have to pay your debt obligations.

When the bailiff starts looking for the debtor

Performance list- it is necessary to understand that bailiff begins to look for the debtor and all his property only after receiving a writ of execution and starting enforcement proceedings. This entire procedure can only begin following the results of the trial and a court decision that has entered into force.

A copy of the resolution on the commencement of execution. production- also, the debtor must receive by mail from the bailiff a copy of the resolution on the commencement of enforcement proceedings. From this moment you can begin to worry about the fate of the property.

• The law gives the debtor a period of 5 days so that he can voluntarily repay the debt.
• After the specified period, a decision is made to search for the debtor’s property and another 7% is added to the amount.

Written message about the visit- the bailiff must also report directly about his arrival at the debtor’s home in writing.

• The bailiff can come at the appointed time and even break down the door if they don’t open it for him.
• By the way, the time for visiting is limited and can only be from 6 am to 10 pm.
• Night visits to debtors are prohibited.

How to delay a bailiff's visit

Application for deferment

Qualified lawyers recommend using a little trick during court hearings. Immediately after the court decision on the collection of funds comes into force, you must submit to the same judge an application for a deferment or installment plan for the execution of the court decision.

What will such a move do for the debtor? Usually the court indicates in its decision to recover the entire amount. The decision comes into force and then the bailiff begins his work to collect this amount, seizes housing, accounts, and describes the property.

When submitting an application for installment plan, individual has the right to change the execution of the decision itself. It is possible to get a deferment of several months, a year or even more.

Serious documents must be attached to the application as evidence:

• Perhaps the debtor is unable to pay the debt due to illness, treatment, or maternity leave.
• Copies of payment slips confirming monthly transfers are also attached here: public utilities, loans from other banks.
• The debtor must calculate and propose a debt repayment schedule that is convenient for him, taking into account all payments. However, you should try to offer an adequate schedule, otherwise the deferment will be denied.

Appeal to appeal

If no serious reasons have been found for postponing the execution of the decision, then a simple appeal to the appeal will also help to delay the court proceedings for one and a half to two months. Naturally, in such cases the first court decision will not be canceled, but the bailiff will be able to begin proceedings only after the appeal decision has entered into force.

Debt repayment procedure according to law

The sale of property is not carried out by the bailiff himself, but by special organizations. If the amount received is not enough, then up to 50% of all earnings of the debtor, including wages, pensions, etc.

What documents must the bailiff present?

When a bailiff knocks on a debtor’s door, it is important to know a few things:

• Don’t hide, it’s better to cooperate with the bailiff, because the law has given him the right to enter private property without the permission of the debtor and in his absence. Speaking in simple language- he has the right to break down the door and describe the property, but only if there is written permission from the senior bailiff.
• The bailiff must show the certificate and the order to initiate enforcement proceedings.
• All actions of the bailiff are strictly regulated by law. He's just doing his job. Some people do it well, while others do it poorly. The debtor should not tolerate rudeness, threats and other incompetent behavior of the bailiff, because he has the right to a decent response within the framework of the law - to file a complaint. Arbitrage practice shows that the case is often resolved in favor of the debtor.

What property bailiffs cannot seize

The legislator strictly regulated the list of property that cannot be taken from the debtor:

• The only housing. This category includes apartment, house, land plot under the house, share in the right. Here, however, there is an exception - housing on a mortgage can be taken away if monthly payments for it are not made (see).
• Home furnishings and individual items (clothing, shoes). The exception is jewelry and luxury goods.
• Subjects that are required for professional studies. An exception is if the value of this property is above 100 minimum wages.
• Household animals intended for personal use.
• Seeds for sowing.
• Products and money in the amount of 4-5 tr. for each family member.
• Fuel for heating and cooking.
• For disabled people - technical means of transportation.
• Prizes, awards, medals, certificates.

You should know that they cannot take away your only home, but they have the right to arrest it. For the debtor, this will consist of imposing an encumbrance on the housing in the form of a seizure, which is officially recorded in Rosreestr.

Can bailiffs seize a husband's property to pay for his wife's debts?

The bailiff has the right to seize only the debtor's property. However, if this property is not enough to pay off the debt, then ½ share of the jointly acquired property is taken away. Simply put, they will take half of the husband’s property, which would have been due to the wife upon division of property.

A little trick: you can change the status of jointly acquired property with the help of a marriage contract, in the text of which you indicate the ownership of specific property or a general phrase that everything that will be registered in the name of the husband is his personal property and is not subject to division, and everything that is registered for the wife - similarly indivisible. Such an agreement can be drawn up at any time during the marriage, as well as before it. The document is certified by a notary.

Do bailiffs have the right to describe the property of relatives?

Only spouses can be liable for debts with property. Relatives have no right to disturb. However, the picture changes dramatically if the debtor is registered in the housing of his relatives. There may be several situations:

• The debtor is registered, but does not actually reside.
• The debtor is not registered and does not reside, but indicated the address of relatives as the place of actual residence.
• The debtor is registered, previously lived, but moved.
• The debtor is registered and actually lives in the housing of relatives.

In each of the cases considered, the bailiff begins to describe the property of the relatives. How to prevent this? It is necessary to prove that the debtor does not live in the housing of relatives. See also what to do if they call and threaten.

Mere words are not proof. It is necessary to draw up a written statement stating that the debtor does not live at the specified address. It must be signed not only by the owner of the property, but also by 2-3 neighbors, the local police officer and a representative from the HOA. It is advisable that the latter also put their own seals.

When should this act be done? Immediately, as soon as relatives began to be overwhelmed with calls and threats from banks.

What schemes exist to protect your property?

Indeed, there are legal schemes that allow you to preserve the debtor’s property if the bailiff comes to his home.

• If there are receipts for equipment or furniture confirming that the buyer was another person, then you need to show them to the bailiff. In practice, people often do not keep receipts or they do not have the buyer's name.
• Conclude a rental agreement with the owner of the property, which lists the furniture and equipment in the apartment that the debtor does not own, but has the right to use.
• Conclude a storage agreement. For example, the debtor’s sister is doing renovations and entrusted her things to him for storage. Such a document will also confirm that the property does not belong to the debtor.
• Conclude a gift agreement. The debtor simply donates his property and it does not matter to whom. A list should be made.
• Conclude a marriage contract.

In any case, really valuable things should be removed from your home to avoid accidents. The bailiff can still describe all the property, so there is the option of going to court with an application to exclude the property from the general inventory. To do this, you will need to provide compelling evidence that the things do not belong to the debtor.

What income of the debtor is inviolable for the bailiff

The bailiff can seize funds from salary card, credit card, pensions, but what income does he not have the right to touch?

• amounts received in compensation for damage caused to health;
• funds received in connection with the loss of a breadwinner;
• funds received in connection with injuries, wounds, injuries acquired during the performance of official duties;
• compensation payments to victims of man-made disasters;
• compensation payments for travel, treatment for individual categories citizens;
• compensation payments to workers, incl. in connection with the birth of children, marriage, etc.
• child benefits;
• payments under the maternity certificate;

However, there is one caveat. The bailiff does not have the right to collect alimony for a minor, but if it is received by bank transfer, then the bailiff does not see the purpose of the payment and seizes the account. There are two ways to resolve the issue - seek justice in court or negotiate with the parent of the minor to receive money in cash.

How to remove arrest and blocking from a salary card

First of all, bailiffs arrest and block all cards and accounts. However, often these funds are the main source of income. What to do?
There is a proven and legal algorithm of actions:

• Contact the FSSP.
• Write an application to remove the seizure from your card. In the text, indicate that due to the blocking of the card, there is no opportunity to withdraw money and pay off the debt under enforcement proceedings.
• Be sure to indicate the card number, debtor’s data, and data on enforcement proceedings.
• The application must be completed in two copies. Take it personally to the FSPP office and receive a receipt stamp on your copy.
• It is better to go to the bailiff who is handling the debtor’s case and report the application.
• It is better to personally take the received decree to lift the arrest to the bank so that it does not get lost in the mail.
• Within a matter of days the arrest will be lifted.

Failure to fulfill your debt obligations leads to a large number of problems, so before concluding loan agreement It’s better to analyze your strengths, the ability to make monthly payments and balance your income.

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article; if there is a detailed answer to such a question, then your question will not be published.

(Legal grounds for foreclosure on an apartment and other property of the debtor)

By taking out a loan, we risk a lot. If for some reason it is not possible to return the money, and the creditor goes to court and wins the case, then the bailiffs can impose a penalty on the defaulter’s accounts, his salary and property, including an apartment, house, dacha, car. But before we continue, let's define the terminology. For the purposes of this publication, we will use the terms “credit” and “creditor” to mean debt obligations in the broad sense, and not just legal relationships arising from contracts with banks and other financial institutions.

There is a well-known saying “my home is my castle,” reflecting the opinion that, supposedly, not a single bailiff or policeman will enter the house without the permission of the owners, which means that the bailiffs can simply be ignored, and that’s all. There is also a not fully substantiated assertion that the only property cannot be recovered for debts. In reality, this is, of course, not always the case. You can lose a lot and opportunities bailiffs much more than it might seem to people ignorant of legislation. It should be remembered that in accordance with Article 64 of the Federal Law “On Enforcement Proceedings” No. 229-FZ dated October 2, 2007. The bailiff can enter the debtor's apartment without the consent of the tenant. To do this, the executor only needs to obtain written permission from the senior bailiff, and in the event of eviction of the debtor, permission is not required at all. However, you shouldn’t be overly afraid of possible liability either - by doing this you can only harm yourself by following the lead of unscrupulous lenders. You just need to know well your rights and the capabilities of creditors and bailiffs in order to save your nerves and protect your property. You can read about this in this article.

What are the consequences if the loan is not repaid?

To begin with, it should be clarified that not a single creditor without court decision can't take anything away from you. The creditor (lender) can only present written or oral claims to you and demand repayment of the debt within the time frame specified by him, or, if all possibilities pre-trial settlement the dispute has been exhausted, go to court. That's all. You cannot tolerate any threats or blackmail from collectors, banks and other persons, and at the slightest intimidation, you can and even need to file a statement with the police, describing all their illegal actions (threats, calls at inopportune hours, attempts to take your property or even enter your housing).

In any case, if it is not possible to reach an agreement with the creditor in pre-trial proceedings, you should contact specialists in the field of litigation in credit and debt matters. Please note that if you lose the trial, then, according to Article 61 of the Civil Procedure Code of the Russian Federation, in the aftermath (for example, if you remember something or find something in the contract that was previously ignored) you will not be able to apply for a review of the case in a court.

What to prepare for if a creditor goes to court

1. Immediately upon filing a claim, the creditor may send a petition to the judge to secure the claim. And if the petition is granted, the bailiffs will be fully entitled to describe and, if necessary, seize your property before the court makes a decision on the merits of the claims.

2. After the lender wins the case, the bailiff will be able to evaluate your property, for which he can invite an independent expert, after which all that remains is to foreclose on your property and sell it. Moreover, the valuation and sale of property is carried out at the expense of the debtor.

If the bailiff does not know where your property is located, he will be able to carry out a search using all the methods available to him, and he, in fact, has a lot of methods. For example, the executor simply needs to contact Rosreestr and other registration authorities and they will immediately provide him with complete information about what property is registered in the debtor’s name. If the debtor can still try to hide the car (and many do this successfully), then it will not be possible to hide the apartment. Unless you manage to donate (sell) it to your relative or other person before the creditor goes to court, and then only if the apartment was not under collateral.

However, you need to understand the following: even if the creditor initiates enforcement proceedings, no one will immediately take away your apartment. First, the bailiff will ask you to pay off the debt voluntarily. Moreover, it is not necessary to pay everything at once - you can agree to return the money in installments.

If you refuse to repay the debt voluntarily, then further collection will be carried out in a certain order:

First the bailiff will check cash on your accounts, deposits, in storage in banks and will collect them. Moreover, first in rubles, and in their absence or insufficiency - in foreign currency.

If you are officially employed and have wages, the bailiff can collect it. This is possible if the writ of execution contains a requirement for you to pay regular payments and (or) if an amount of no more than ten thousand rubles is collected. In this case, no more than fifty percent of wages and other income can be withheld. If you don't have money or don't have enough money to full repayment debt, then in this case the bailiff can foreclose on your property or property rights. At the same time, you yourself can indicate which property is better to recover, for example, in order not to lose an apartment, you can give a car to pay off the debt.

They can only collect the apartment that you own, that is, privatized. If your apartment belongs not only to you, but also to other persons (by right common property), then they can recover your share. This is a danger for those who live in the same apartment with the debtor: for example, his parents, wife (husband), children. If the bailiff forecloses on the debtor's share in privatized housing, then this share may go to the creditor. That is, an outsider will begin to own part of the apartment.

In what cases can you lose your apartment for debts?

Many of us know that it is impossible to deprive us of our only home, even for debts. And this is indeed partly true. In accordance with Article 446 of the Code of Civil Procedure, it is impossible to recover housing or part of it if for the debtor and members of his family living with the debtor in his apartment (house), this premises is the only one suitable for permanent residence. Moreover, the single place of residence means either the only property owned, or the apartment in which the debtor is registered (registered). That is, even if a person currently lives in rented apartment, or in the apartment of his husband (wife), or in any other place, but does not live in his personal housing - this still cannot become the basis for applying for foreclosure on his only apartment (house) or eviction from it. However, the same article provides an exception. Housing can be withdrawn if it was purchased under a mortgage agreement and is secured.

In addition, a person can be evicted if he lives in a non-privatized apartment (under a social tenancy agreement) and has more than six months of debt in payment for housing and utilities. In this case, tenants can be evicted for debts, but not to the street, but to another housing, the size of which coincides with the size of the premises established for moving in citizens (Article 90 of the Housing Code of the Russian Federation).

What problems may arise for relatives living with the debtor?

Considering the possibility of legislation to evict a debtor or deprive him of his share in an apartment, it turns out that it is best to privatize your only home in advance in order to protect yourself from possible eviction. This is especially true for family members of the debtor, who may lose their apartment for the debts of their relative. Therefore, privatization may become in a good way protect yourself and your share in real estate. As for the property in the apartment in which the debtor relative lives together, a problem may also arise here, since if the bailiffs come to the house, they may not even figure out where whose property is, but will confiscate all things of value . In this case, you can proceed as follows:

• write a statement to the creditor (bailiff) stating that the debtor (your relative) does not currently live in the apartment and does not have his own personal belongings;
• find receipts and documents for all valuable property in the apartment in order to be able to confirm your ownership of it;
• remove the debtor’s property, if such property exists, to a separate room (room);
• allow bailiffs into the apartment only if the executor has written permission from the senior bailiff to enter the debtor’s residential premises.

What to do to avoid losing your apartment for debts

First, of course, contact a lawyer who will study the documents and give competent advice based on the individual characteristics of your case.

Secondly, you need to show to the last that you are, in fact, ready to pay your debts, you are simply in straitened circumstances and cannot (for objective reasons) pay off all the money at once. If you are ready to pay the funds in stages, the court (or bailiff) will meet you halfway and give you the opportunity to pay off the debt in installments and will not take away any property.

Thirdly, if the debt is clearly disproportionate to the cost of the apartment, then it will not be taken away from you either. That is, if the debt is twenty to thirty percent of the cost of housing, then no one will foreclose on your apartment and you don’t have to worry about this. But if the debt is seventy percent of the cost of housing, in this case you should work harder and bring the debt to at least fifty percent and then you most likely will not lose the apartment.

In general, it should be noted that it is very difficult to evict from an apartment, or even more so to impose a penalty on it, and there are not many such cases in Russia. To verify this, just go to the website Federal service bailiffs and look at lists of seized property that is being sold for debts in certain regions (subjects of the Russian Federation). And it turns out that, for example, in the Leningrad region there is no such property at all. And in Karelia, only five apartments were put up for sale, four of which were pledged for a loan and only one was not pledged. And in Moscow there are twenty-one such apartments in the entire city, and only two of them were not under collateral. In other words, the apartment can, in principle, be repossessed for debts, but such chances are minimal. And if you turn to an experienced lawyer for help, the costs are completely insignificant.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

What to do if your account is frozen?

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

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

Conclusion

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

What can bailiffs take away for? credit debts? They won’t take anything, at least not on their first visit. They will only describe the property that the debtor will have to keep for himself. The inventory list includes almost everything, except for a certain category of things, which include: food products that do not exceed the cost of the minimum wage, children's things, things of third parties located in the debtor's apartment, a refrigerator and a stove, if they are in a single copy, etc. d. If the client does not pay the money within 10 days after the inventory, the bailiff may initiate a procedure for the collection and subsequent sale of the described property.

What law regulates the activities of bailiffs in Russia?

The activities, standards of conduct, powers and other duties of bailiffs are described in Federal Law No. 118 of July 27, 1997 “On Bailiffs”.

There is also Federal Law No. 229 of October 2, 2007 “On Enforcement Proceedings”. The law regulates the powers, rights and obligations of representatives of this executive body, which does not prevent the debtors themselves from familiarizing themselves with it. In this case, they will be able to learn about all the nuances of the collection procedure, about the authorized and unauthorized actions of the bailiff, and will be able to protect themselves in the event of unpleasant or controversial situations.

The process of debt collection through bailiffs

It all starts with the fact that the creditor, who has won in court, brings a writ of execution to the bailiff office of the district in which the debtor is registered.

After making sure that the writ of execution does not contain errors and complies with the law, the bailiff accepts it for execution and begins the proceedings. A new enforcement proceeding is opened in the name of the borrower in the FSSP database.

After this, the bailiff sends the borrower a letter (regular, not registered) via Russian Post with a resolution to open enforcement proceedings in his name. Such a letter sets out the reason for opening an individual entrepreneur (a judicial act on the collection of overdue debt), explains the rights and obligations of the debtor, etc. The bailiff also gives the client a 5-day period after receiving the letter, during which he must appear at the FSSP office in his city.

If the borrower ignores the letter and does not arrive within 5 days, the bailiff issues a decision to seize the borrower's accounts in largest banks countries: Sberbank, Rosselkhozbank, VTB-24 and others. Requests are not sent to all banks. For example, bailiffs do not send orders to seize accounts to Home Credit or Tinkoff.

Accounts will be frozen for the amount of debt due writ of execution+7% of the amount - to bailiffs. The fact is that if the debtor does not voluntarily repay the entire amount of the debt within the established period without good reason, the bailiff has the right to issue a resolution imposing an additional fee in the amount of 7% of the amount of the debt. This is regulated by Article 81 of the Federal Law “On Enforcement Proceedings”.

If the client ignores the arrest bank accounts, does not come to the bailiff department, does not agree on installment payment, etc., then the bailiff can initiate a visit to the borrower’s place of registration. As a rule, it is the bank representative who insists on such visits, because the bailiff himself has enough other matters related to the collection of alimony.

The bailiff arrives accompanied by a bank representative and 1-2 employees. On the spot, a representative of the executive branch inspects the property located in the apartment and makes an inventory of valuable things that belong specifically to the borrower and are not on the list of prohibited items for seizure.

A property inventory is simply a listing of things on paper that can later be repossessed for subsequent sale and the use of money to pay off debt.

The inventory means that things remain in the borrower’s apartment for storage. He can continue to use them, but at the same time he cannot sell, give away, donate, spoil, etc.

On his first visit, the bailiff simply describes the property, and does not take it away. He also conducts an explanatory conversation with the borrower, finds out why he is not making contact, etc.

The inventory of property takes place in the presence of witnesses. There must be at least 2 people. These can be the debtor's neighbors or any third parties. If, after taking an inventory of the property, the debtor begins to slowly pay off the debt, the bailiff will no longer come to visit.

If the borrower continues to renounce the debt, then within 3-6 months you can wait for the bailiff to arrive again, but in order to pick up all the previously described property and put it up for auction.

How to avoid the arrival of bailiffs at your registration address?

Agree that it is not very convenient when bailiffs come to your home, walk around your neighbors and inventory your property. There is a scenario in which the client can avoid the arrival of the bailiffs. To do this, you need to go to the FSSP office in your city immediately after receiving a letter with a decision to initiate enforcement proceedings.

The borrower needs to make contact with the bailiff, show that you are interested in repaying the debt and are not hiding, it’s just your financial situation does not allow you to return the entire amount at once. Bailiffs are people too and understand everything perfectly.

At the department, the debtor needs to write a statement addressed to the head of the FSSP stating that he cannot pay the entire amount of the debt at once for a good reason. For example, lack of work, lack of official income, being dependent on young children, acquired status of a low-income family, etc. The application must indicate the feasible amount that the debtor will pay monthly and guaranteed to pay off the debt.

If the debtor fulfills the promises specified in the application, the bailiff will not seize the accounts and will not come to the registration address to take an inventory of the property.

This option is suitable if there are good reasons. If the borrower has a normal job with a good salary, then the only thing that can be agreed upon with the bailiff is to collect 25-50% of the monthly salary to pay off the debt.

When can the bailiffs arrive?

Federal Law No. 229 “On Enforcement Proceedings” strictly regulates the time frame for visits to debtors by bailiffs at their permanent registered address. According to Article 35 of the mentioned federal law Bailiffs can come to the debtor’s residence/registration address only on weekdays. That's the network, from Monday to Friday. Weekends and official holidays are not included in this list.

Visiting times are also regulated. The bailiff can arrive between 06:00 and 22:00 local time. Visiting at other times is illegal. If the debtor knows in advance about the day the bailiff will arrive, he can offer him a convenient time for the visit.

What can bailiffs describe in the debtor’s apartment?

The descriptions are subject to:

1. Luxury items (antiques, paintings by famous artists, things of cultural and artistic value, etc.)
2. Jewelry and jewelry made of precious metals
3. Household appliances that a person can do without (microwave oven, toaster, food processor, mixer, multicooker, juicer, etc.) Appliances available in 2 quantities. For example, if the borrower has 1 stove, the bailiffs will not be able to pick it up because it is on the list of things not subject to seizure. If the debtor’s apartment has 2 stoves or 2 refrigerators, the bailiff can take away the second similar item. The executor will choose the more expensive option, leaving the debtor with a cheaper and older item.
4. Pedigree pets (dogs, cats, etc.) if conditions for their maintenance are available.
5. Money is subject to seizure in excess of the minimum subsistence level for the debtor and 3 dependent persons. That is, the bailiffs must leave the amount of the minimum subsistence level for the debtor and his children (if any), and the rest can be taken away.

Bailiffs can seize a car, a summer cottage, any buildings on it, a garage, greenhouses, etc.

What can't bailiffs describe?

The same Federal Law No. 229 “On Enforcement Proceedings” regulates the debtor’s property, which can and cannot be foreclosed on. Based on the terms of Art. 79 of this law, the bailiff can describe any property of the debtor (namely the debtor), with the exception of:

• Residential premises or part (share) thereof, if for the debtor it is the only premises suitable for living. This means that the bailiff will not be able to seize your only apartment. If you have 2 apartments, or an apartment and another share in another apartment, or a house and an apartment, then the bailiff has the right to seize one of the premises. This clause is valid provided that the collection is not made according to mortgage loan. If the apartment is pledged under a mortgage and is the only home, then it may be foreclosed on for the debt in the same bank.
• Property that a debtor needs to perform work. For example, if the borrower works as a web designer, writes articles, etc., the bailiff cannot take away his work computer. The exception here is property worth more than 100 minimum wages ( minimum size wages). The minimum wage in Russia in the second half of the year is 7,800 rubles.
• Personal belongings of the debtor (clothes, shoes, with the exception of collectibles, branded expensive items)
• Personal care products
• Any state and sports awards, prizes, awards, badges of honor, etc.
• Items religious culture(icons, church books, etc.)
• Children's things (scooter, bicycle, stroller, crib, etc.) items that a child uses. For example, if a child goes to school and uses a computer or laptop to do homework, then the bailiffs cannot seize these things.
• Household appliances necessary to satisfy basic human needs (refrigerator, stove, etc.) If there are small children in the house, then, upon application, the debtor can remove the seizure from the washing machine, citing the fact that washing children's clothes by hand is quite difficult, etc. d.
• Livestock and poultry (deer, rabbits, goats, cows, chickens, etc.) used not for business purposes, but for family needs. The list also includes feed, buildings and other things necessary for maintaining livestock.
• Seeds needed for the next sowing
• Food and money, which in total will amount to at least the established minimum subsistence level for the debtor himself and the persons who are dependent on him. That is, the bailiff can only take away food and money in excess of the subsistence level for the debtor and other persons dependent on him. Well, for example, living wage in the region is 10,000 rubles. The debtor is dependent on a young child, for whom the subsistence minimum is 11,000 rubles. The total for two is 21,000 rubles. If the debtor has food and money in the apartment totaling 35,000 rubles, then the bailiffs can only take 14,000 of them, and must leave 21,000 rubles.
• Fuel (wood, gasoline, etc.) that the debtor needs for cooking and heating his living space.
• Means of transport or other things necessary for the debtor in connection with his established disability. For example, the bailiff cannot take away a wheelchair or crutches, a car that a disabled person uses every day to get to the clinic or to work, etc.

The bailiff can seize all other things and subsequently foreclose unless the borrower proves that these things belong to another person, for example, other members of his family. This can be proven with the help of checks, guarantee coupons, documents on trade credit for another person, etc.

Usually the described things remain with the debtor, but in some cases they can be confiscated and sent for storage to the organization with which the corresponding agreement was concluded. This happens if there is reason to believe that the described property may be damaged, alienated, wasted, hidden, etc.

Only the bailiff can determine the storage order at his own discretion. If he leaves things in the debtor’s apartment, he must warn him of possible criminal liability under Art. 312 of the Criminal Code of the Russian Federation for improper storage.

How is the debtor's property valued?

The debtor's property, which the bailiff describes on the spot (in the apartment), is subject to an approximate assessment directly by the bailiff, if the approximate estimated value of each item does not exceed 30 thousand rubles. That is, the bailiff is authorized to independently name the estimated value of each item described: washing machine, TV, computer, etc.

When it comes to more expensive things (apartment, securities, a set of upholstered furniture made of genuine leather, objects of art, fur products, expensive designer jewelry, etc.), then within 1 month from the date of inventory of the property, the bailiff must engage a certified appraiser for an official assessment.

The bailiff may allow the debtor to independently sell the seized property if its estimated market value does not exceed 30 thousand rubles and there is no dispute about its value. Having sold the seized item, the debtor must deposit funds into the bailiffs account within 10 days to pay the debt.

If the client does not agree with the bailiff’s assessment of his property, he has the right to write a statement addressed to the head of the FSSP, or go to court to appeal the bailiff’s decision on the assessment of the property within 10 days after the issuance of such a decision.

Upon expiration of the specified period, the bailiff begins to prepare documents to transfer the property for sale.

Let me remind you that all this happens if the debtor and the bailiff were unable to reach a compromise on the planned voluntary repayment of the debt in reasonable installments.

How is the described property taken?

If within 10 days after the inventory of property the debtor does not receive payment or an application to appeal the decision, the bailiff begins to prepare documents on the seizure of the seized property and transferring them for sale. When all the documents are ready, the bailiff transfers them to a special department that checks the submitted papers. If they meet all the standards, the package of documents is sent to the Federal Property Management Agency, and the seized items are confiscated from the borrower and sent for storage to the contractor.

Is it possible to return property if money appears?

Of course, it is possible if the property has not yet been sold. That is, if it has not yet been sold. Until then, the borrower can pay his debt and take back all his belongings. To do this, you need to pay the entire debt and bring a receipt for payment to your bailiff. After making sure that the money has been received, the bailiff will cancel the order to collect the debt and seize the property. Thus, the client will be able to return his property back.

If a buyer is found for the seized property put up for auction and pays the specified price, it will no longer be possible to return your property. Unless you come to an agreement with the new buyer and draw up a purchase and sale agreement.

How to protect property from seizure?

If you live in an apartment with relatives who bought some furniture or equipment or other property with their own money, ask them to prepare checks, warranty cards, or documents for commodity credit and other papers proving that the items were not purchased by you.

In this case, the bailiff will not be able to describe the property belonging to other persons who are not debtors in enforcement proceedings

Then all that remains is to protect your property from seizure. Immediately weed out things that the bailiffs cannot seize by law: for example, items that the client needs for work (computer, telephone, printer, etc.), as well as a stove and refrigerator, children's things.

There are several ways to save the remaining property that is subject to inventory from seizure. The first is to take all the valuables to the dacha or transfer them to acquaintances, friends, etc. This option is suitable if you know exactly the date of arrival of the bailiff. IN otherwise It would be stupid to transport items of permanent use (washing machine, TV, refrigerator, etc.) for an indefinite period of time to the dacha.

The second option to “hide” property is to draw up an agreement for free use. To use this method, the debtor needs to enlist the support of third parties. These could be friends, relatives, neighbors, etc.

The essence is simple: the debtor and the third party retroactively (preferably before the decision on the commencement of enforcement proceedings) enter into an agreement for the gratuitous use of property, according to which the third party transfers certain things to the debtor for use. Such an agreement must include the names of things, their detailed description, or an attached photograph. It is filled out by hand and does not require notarization. All. Thanks to such a piece of paper, the debtor will save his property by presenting it as the property of a third party.

When the bailiffs arrive, he needs to show him an agreement for the storage of these things, concluded with one or more people, for each thing or for all at the same time. It all depends on your imagination. Similarly, you can draw up a storage agreement.

Many people are concerned about whether a third party, with whom a storage or free use agreement has been concluded, will check the bailiff. Many are worried that the bailiff will ask these individuals for receipts confirming that the item was purchased by them and belongs to them. There is nothing to worry about; the bailiff has no right to address such questions to any persons who are not debtors under the individual entrepreneur.

Another way to “hide” property from the bailiffs is to enter into a gift agreement. This option is most often used in the case of real estate, cars or other valuable items. The borrower draws up a donation agreement through a notary, but continues to use his belongings. After the conclusion of the contract, the item becomes the full property of the person to whom you give it, but you can continue to use it. This option is suitable if in your circle of friends there is a person whom you trust enough to transfer an apartment, car, etc. to his name.