The Ministry of Justice of Russia has prepared a draft order allowing official applications to be submitted via the Internet to the bailiff service. Questions to the bailiffs What questions to ask the bailiff

Restriction on the debtor's departure outside the Russian Federation is possible in the following cases:

  • If enforcement proceedings have been initiated against you and you are a debtor, the bailiff
    may impose a travel restriction
  • the minimum amount of debt with travel restrictions is 10,000 rubles
  • they may not be released abroad in the same way if there are non-property requirements
  • often do not let go abroad: debtors for alimony payments, for loans, for housing and communal services and for traffic police fines.

How is child support debt calculated?

  • There are two laws that regulate this area: Part 4 of Art. 113 of the Family Code Russian Federation and part 3 of Art. 102 federal law dated 02.10.2007 No. 229-FZ "On Enforcement Proceedings"
  • It is calculated from the earnings or income of the debtor for the period during which the alimony was not collected.
  • If the debtor did not work during this period or did not provide documents on income, then the alimony debt is determined based on the size of the average wages in the Russian Federation at the time of debt collection.

How to find out the debt for alimony?

  • You can find out the alimony debt on our website, for this, enter the data of SNILS, TIN or Passport
  • on a single portal of public services
  • Through department bailiffs at the place of residence
  • Through the website of the bailiffs

When will the right to leave the Russian Federation be restored?

Cancellation of the restriction of the right to leave the Russian Federation by bailiffs takes from 10 to 14 days.

How to find out the availability of travel restrictions outside the Russian Federation online?

There is no single online service for checking travel restrictions by bailiffs. The restriction can be imposed both by a bailiff and by a court decision, both for loans, housing and communal services debts, traffic police fines, etc., and for non-property claims. If you are flying abroad tomorrow, be sure to court proceedings, if any, and exceed 10,000 rubles, there is a high probability of being banned from traveling abroad.

We tell you how to independently draw up and file a complaint about the actions or inaction of employees Federal Service bailiffs.

The main tasks of the FSSP

What does the FSSP do and what powers do bailiffs have? Let's find out!

So, the Federal Bailiff Service (or FSSP) is an executive body and performs the functions of ensuring the established procedure for the activities of courts, the execution of judicial acts, acts of other bodies and officials.

According to the current legislation, all employees of the FSSP are divided into bailiffs to ensure the established procedure for the activities of courts and bailiffs. In their lives, ordinary citizens of the Russian Federation most often encounter bailiffs - it is these officials who may require you to pay alimony debt or pay a car fine.

What else should bailiffs do? To answer this question, we need to refer to the Decree of the President of the Russian Federation of October 13, 2004 N 1316 entitled “Issues of the Federal Bailiff Service”. In accordance with this document, the following tasks are assigned to employees of the Federal Bailiff Service:

  • Implementation of enforcement proceedings for the enforcement of judicial acts and acts of other bodies;
  • Application of measures enforcement;
  • Evaluation and accounting of arrested and seized property;
  • Storage of arrested and seized property;
  • Forced sale of arrested and seized property;
  • Search for debtors and their property;
  • Reception of citizens and consideration of their oral and written appeals.

In what cases can you complain about the FSSP?

Do you think that the bailiff violated your rights? Russian legislation gives you the right to appeal any act, omission or decision of a public authority. For example, if the bailiff:

  • Does not comply with the court decision;
  • Does not send a decision to initiate enforcement proceedings;
  • Does not respond to a request for the progress of enforcement proceedings;
  • Does not transfer money to the claimant;
  • Does not notify about the initiation of enforcement proceedings;
  • Takes any action without a court order;
  • Describes the property of the debtor without his presence;
  • Describes property not acquired by the debtor, etc.

Deadlines for filing a complaint against the FSSP

Before proceeding with the preparation of a complaint against the actions (inaction) of the bailiff, we recommend that you familiarize yourself with the deadlines for filing such complaints. Yes, Art. 122 of the Federal Law "On Enforcement Proceedings" establishes that a complaint against a bailiff's decision, his actions (inaction) is filed within 10 days from the date of issuance of the decision, the commission of an action, the establishment of the fact of his inaction or refusal to challenge.

Note! In the event that you do not have information about the time and place of the action, a complaint can be filed within 10 working days from the day you learned about the decision, action (inaction).

A typical complaint against the actions (inaction) of the bailiff includes the following items:

  • The name of the body to which the complaint is filed;
  • Name of the person filing the complaint;
  • The place of residence of the person filing the complaint;
  • Full name and position of the person whose actions (inaction) are being appealed;
  • Grounds on which actions (inaction) are appealedofficial;
  • The request of the person who filed the complaint;
  • List of attached documents;
  • The date the complaint was made.

Quick navigation through the material

Even if the court makes a final decision on some controversial or illegal situation, the party found guilty is not always ready to voluntarily fulfill its obligations, pay off a debt, etc. The reason may be the defendant's bad faith, financial insolvency, as well as his fundamental disagreement with the court's decision. For such cases, enforcement is provided - and as soon as the court decision enters into force, a whole system is connected to the case government agencies and their employees, who have fairly broad powers.

Bailiffs can seize your accounts, including pensions. They can confiscate all your property and after some time sell it to pay off the debt, they can block your travel outside the state and restrict your ability to move even within the country. In cases of prolonged and malicious evasion of maintenance obligations, it can reach the deprivation of a driver's license and the initiation of enforcement proceedings.

But unfortunately, difficulties at this stage are not uncommon - and they can cause dissatisfaction with any of the parties to the process. This may be the inaction of bailiffs, their extreme sluggishness. Or maybe vice versa - when enforcement debt passes in violation of the terms and limits established by law.

Consult with a lawyer to clarify whether the actions of bailiffs are legal and how you can influence the course of enforcement proceedings if you are not satisfied with the results.

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What difficulties may arise

As accumulated practice shows, the following claims to enforcement proceedings are sought for the help of a lawyer:

  • arrested and written off as a debt all the money from the accounts - instead of the allowable 50 percent;
  • seized funds from which, according to the law, collections are unacceptable - child allowances, etc.;
  • bailiffs did not meet the deadline for voluntary repayment of the debt;
  • excess amounts have been mistakenly withheld from you;
  • after you repay the debt, information about your debt is not deleted from the official website for a long time;
  • bailiffs "forgot" to lift the ban or restrictions on your movements - and you could not cross the border, you were not allowed to board the plane;
  • a property pledge agreementsecuring debt obligations is issued for an apartment, and an arrest is imposed on a car or a bank account;
  • the bailiffs deprived you of your driver's license or seized the car, despite the fact that this is the main source of income for you;
  • you are faced with a clear abuse of power or, on the contrary, complete inaction of bailiffs;
  • you did not know anything about the trial, the decision was made in absentia, and you did not have the opportunity to justify yourself before the court.

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Help of a lawyer

If you do not agree with the court decision and do not want to execute it precisely for this reason, then you should receive the help of a lawyer as soon as possible - when the court decision can still be appealed, and the initiation of enforcement proceedings can be postponed. In this case, it will be easiest for you to avoid loss of property and finances, also gain time and go to court for further proceedings. If you were not properly notified of the court, as well as for a number of other reasons, a specialist will help to challenge the decision even when the deadline for this has already been missed.

Already in the course of enforcement proceedings, it is also possible to soften the measures against you - or vice versa, to force bailiffs to do their job if they do not take any action. Violations in the work of bailiffs can be appealed - to do this effectively, seek legal support on your issue.

Attention! Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge