The legislator gives bailiffs wide powers. They are necessary for successful debt collection under court decisions. Debtors and their relatives often have a question about whether bailiffs can visit an apartment without the owner’s permission or open it in the absence of the owners.

Normative base

On the one hand, any property owner has the right to its integrity. It is enshrined in Article 25 of the Constitution of the Russian Federation. But bailiffs work on the basis of the Federal Law “On Enforcement Proceedings,” which defines all the rights and obligations of bailiffs in relation to debtors.

In accordance with this law, bailiffs have broad obligations and rights both in relation to debtors and in relation to their property.

Opportunities for visiting the place of residence

A visit to the debtor is an additional measure of influence, which aims to notify of the need for payment and the consequences of delay.

Bailiffs must comply with the following:

Availability of a court decision	If the bailiffs are going to the debtor on a personal visit, they do not need to ask the owner’s permission to do this. But at the same time, the bailiff must have an official court decision to collect the debt.
Sending documents to the debtor	The debtor must be notified of the existence of the debt. To do this, the bailiff must send a copy of the writ of execution to the place of residence. Additionally, the debtor is informed about the existence of debt obligations by telephone.
Time for voluntary debt repayment	Bailiffs give debtors 5 days to voluntarily repay the debt. If the debtor does not take any action, enforcement proceedings are initiated.

The main essence of communication with the debtor is to clarify the repayment terms and take measures to reduce the debt. If these measures do not have an effect, measures are taken to confiscate the property.

Does the bailiff have the right to enter the debtor’s apartment?

The bailiff does not visit the debtor's apartment alone. This process implies the presence of a team that includes a bailiff and one or two assistants as power support. The bailiff must have a writ of execution and identification.

During the visit, the bailiff has the right to the following:

• Visit the apartment during the daytime.
• Present a writ of execution or permission from the senior bailiff to enter the apartment.
• Enter the premises without the knowledge of the owners to take an inventory of the property.

In the latter case, it is important to follow the established procedure. The bailiff has the right to visit the apartment in the absence and without the knowledge of the debtor. In this case, the opening of the apartment door is carried out in the presence of two witnesses. During work, an act of acceptance of property is drawn up, which can be sold in the event of non-repayment of the debt. At the same time, the use of measures that contradict current legislation is not allowed.

Features of visiting the apartment

In accordance with Article 35 of the Federal Law “On Enforcement Proceedings”, bailiffs have the right to visit the debtor’s apartment only from 6:00 to 22:00. Weekends and night time are considered the personal time of any person. At this time, you can not only visit the property, but even call the debtor on the phone.

There are often situations when debtors resist bailiffs and hide from their visits. They don't answer calls or open the door. This is done in the hope that the bailiffs will no longer take any action. But in this case, additional opportunities appear. According to Article 13 of the Federal Law “On Enforcement Proceedings,” bailiffs have the right to open the door to inspect the premises, search for the debtor and property for inventory.

In the event of an inventory and seizure of property in the apartment, two witnesses must be invited to the apartment. The process involves drawing up an act, under which all those present, including witnesses, sign.

Note! In emergency situations, bailiffs have the right to use force and service weapons.

How to prevent an apartment from being broken into?

The bailiffs are interested in repaying the debt and in a positive resolution of the issue. They do not have the goal of intimidating the debtor and are obligatory in the apartment. The bailiffs will not open the door if the debtor makes contact and begins payments on the debt. Even if the full amount is not available, partial repayment is allowed.

Partial payment helps avoid possible confiscation. The debtor can receive an installment plan. To do this, you need to write a statement to the bailiff department, indicating a good reason.

As a result, bailiffs are given broad powers. The owner cannot prevent the bailiffs from visiting the apartment, since, subject to compliance with the requirements of the law, the bailiff has the right to open it even in the absence of the owner.

The video story will tell you whether bailiffs can open an apartment

According to Art. 64 Federal Law “On Enforcement Proceedings” dated October 2, 2007. in the process of executing the requirements of enforcement documents, the bailiff has the right, among other things, to perform the following enforcement actions: enter non-residential premises and storage facilities occupied by the debtor or other persons or belonging to the debtor or other persons, for the purpose of executing enforcement documents (clause 5, paragraph .1 Article 64 Federal Law); with the permission in writing of the senior bailiff (and in the case of execution of a writ of execution on the move-in of the claimant or eviction of the debtor - without the said permission) to enter the residential premises occupied by the debtor without the consent of the debtor (clause 6, part 1, article 64 of the Federal Law); in order to ensure the execution of a writ of execution, seize property, including cash and securities, seize said property, transfer seized and seized property for storage (Clause 7, Part 1, Article 64 of the Federal Law). In addition, according to Part 2 of Article 12 of the Federal Law “On Bailiffs” dated July 21, 1997, the bailiff has the right to: enter premises and storage facilities occupied by debtors or belonging to them, carry out inspections of these premises and storage facilities, if necessary open them, as well as, on the basis of a ruling of the relevant court, perform the specified actions in relation to premises and storage facilities occupied by other persons or belonging to them; arrest, seize, transfer for storage and sell seized property, with the exception of property withdrawn from circulation in accordance with the law. Based on the above, we can conclude that: 1) the bailiff has the right to enter non-residential premises owned by the debtor, opening the door if necessary, without any permissions or approvals and against the will of the debtor; 2) the bailiff has the right to enter residential premises belonging to the debtor, opening the door if necessary, only if there is written permission from the senior bailiff and also regardless of the will of the debtor (an exception to this rule is the execution of a writ of execution on moving in the creditor or evicting the debtor - no permission is required here); 3) the bailiff has the right to enter residential and non-residential premises belonging to other persons (not the debtor), opening the door if necessary, only on the basis of a ruling of the relevant court. However, this does not mean that bailiffs can walk around and open any premises. In this case, a number of conditions must be met. Firstly, a bailiff can enter the premises only in the process of fulfilling the requirements of enforcement documents. Secondly, the debtor must be notified of the date and time of enforcement actions. In accordance with Part 1 of Article 24 of the Federal Law “On Enforcement Proceedings”, persons participating in enforcement proceedings are notified of enforcement actions and enforcement measures or are summoned to the bailiff or to the place of execution of enforcement actions with a summons with notification of delivery , by telephone message, telegram, using electronic or other types of communication and delivery, or by a person to whom, with his consent, the bailiff instructs to deliver them. Thirdly, the presence of witnesses is necessary. If the debtor is duly notified, a date and time are set and he does not appear, the bailiff can carry out enforcement actions without the debtor, but always in the presence of attesting witnesses and with the drawing up of an act. Witnesses and the act are also mandatory if the debtor is inside the premises and does not allow the bailiffs to enter. Any capable citizens over eighteen years of age who are not interested in the outcome of the enforcement proceedings, who are not related to the persons participating in the enforcement proceedings, and who are not subordinate or controlled by these persons, may be invited as witnesses. The number of witnesses cannot be less than two. In any case, if you do not agree with the actions of the bailiffs, you must appeal them.

People who have late payments on loans, arrears in utility bills or alimony begin to hide from the law. A small number of debtors go to court, and they generally try not to let bailiffs into their houses. However, if the court decision to collect the debt has entered into force, the bailiff’s job is to obtain full repayment of the debt from the debtor by any means.

Is it possible for bailiffs to open the debtor’s apartment?

On February 1, 2008, a law came into force allowing bailiffs to enter a debtor’s apartment without his consent, even if they have to break down the door. For bailiffs, this is a chance to save their time and stop waiting for the defaulter at the door all day long.
Bailiffs can describe the debtor's property without his knowledge. First of all, attention will be paid to expensive digital and household appliances, which can be sold the fastest.
In order for a bailiff to open the debtor’s apartment, three conditions must be met:

• The bailiff must have the sanction of the head of the bailiff service unit.
• Outsiders should be invited to act as witnesses.
• In addition to the sanction from the manager, the bailiff must have a corresponding court decision in his hands, which allows him to enter the debtor’s home and describe his property.

If all three of the above conditions are met, then the article of the Constitution of the Russian Federation on the inviolability of a person’s home is not violated.

Is it possible for bailiffs to open the debtor’s apartment - What to do?
If there are valuable things in the debtor’s apartment that he is afraid of losing, then it is best to hide them with relatives at the time when a description of the property is expected. If the debtor does not live alone in the apartment, then his relatives can prove that the things belong to them if they present the appropriate documents, for example, a warranty card issued in the name of the owner of the equipment.
Since bailiffs have the right to open the debtor’s apartment in his absence, it is best to take care of this in advance. Please note that the bailiffs will not open the debtor’s apartment if he makes contact and is ready to let them into the apartment, as well as pay according to the debt repayment schedule.
If a person is going on a long business trip or vacation, then you should immediately inform the bailiffs about this if your debt is already with them. Tell us the time frame in which you will return and be ready to continue communicating with the bailiffs, and also begin to repay the debt.

The bailiffs have arrived: so, you have had a court hearing, it is impossible to cancel its decision, and the bank or collection agency has sent a writ of execution to the bailiff service (FSSP). What to do in this case? Where to hide property? How to proceed? Let's figure out how to answer all these questions.

Remember, any action of the bailiff is challenged in court. Be it seizure of property or travel abroad. FSSP officers have the right to enter your apartment and seize property, even if no one is there. This is also disputed up to the point of criminal liability against the bailiff.

If you do not live at the registration address, then write a free-form application addressed to the head of the territorial department, indicating the address of your actual residence, ask to send the case to the actual address, to the local FSSP service, and attach a photocopy of the registration. This application can be submitted personally to the FSSP, or sent by letter with notification by mail.

Important! Remember that if you rent an apartment, then all property that is there may be seized. If you suddenly want a bailiff to seize property that does not belong to you in a rented apartment, then this is already a criminal offense.

Also remember that if you rent out an apartment where you are registered, the bailiff will seize the property in it. Even if it belongs to the tenants, and they will not be able to provide the necessary documents at the moment. If you suddenly decide that they will pay for you, then this is also a criminal offense.

How to behave if bailiffs come? This is the question debtors ask when FSSP officers come to their home. Usually such visits are unexpected for people and lead to serious panic.

Remember, if you have had a lawsuit or have a debt to the bank, then you need to monitor the receipt of the writ of execution and the initiation of proceedings. So that such visits do not come as a surprise.

Behavior system:

1. Do not obstruct the passage of bailiffs into your home.
2. Prepare documents for the property.
3. Allow witnesses to closely monitor the process. Bring their attention to violations.
4. Demand that all points with which you disagree be included in the minutes.
5. Behave correctly, do not be rude, and especially do not attack the bailiffs.
6. Sign the acts of inventory and seizure of property.

All controversial issues are resolved in court. If bailiffs violate your rights, contact the prosecutor's office or complain to the Federal Bailiff Service.

Yes, the bailiff has the right to open the defendant’s home, even if there is no one in the apartment. This is done in the presence of two witnesses, a local police officer and employees of the Ministry of Emergency Situations.

This measure is an extreme measure and is used in exceptional cases. The bailiff risks falling under articles of the Criminal Code. For example, if the debtor contacts the police that a large sum, many times the debt, has disappeared from his apartment.

If the defendant is proven to have made a false statement, he will face criminal proceedings.

Opening someone else's apartment is a rather slippery path to enforcement and everyone understands this. Therefore, if you owe the bank an insignificant amount, then you don’t have to worry, no one will break into your door. But if your debt is several million, then they can hack it.

In fact, nothing will happen. Many debtors successfully deceive the bailiffs by not opening the door to them. The bailiff will not physically be able to come to your home every day. Therefore, its activity will take place during the first two months from the date of initiation of enforcement proceedings.

This is provided that the site is not overloaded with debtors. Then it all comes down to the seizure of your salary card and rare letters demanding payment of the debt.

You will also be restricted from traveling abroad and will be prohibited from registering actions with movable and immovable property.

During the inventory and seizure of property, absolutely everything is taken, right down to beds and furniture. But there is an important circumstance - this is done on paper. Everything is given to the debtor for safekeeping.

Then it is carried out and if no one buys your furniture, then it remains in your apartment.

The exception is valuables and money. They will be taken away, but not completely. They will leave a living wage.

If the seized items do not belong to you, they must be removed from the bankruptcy estate, this is done in court.

What they cannot take away from the debtor according to Art. 446 Code of Civil Procedure of the Russian Federation?

In Art. 446 of the Code of Civil Procedure of the Russian Federation contains a complete list of property that cannot be seized, but you must understand that it will be included in the act in any case, and you will have to prove that it cannot be touched.

List:

• single dwelling;
• land for a single dwelling;
• clothing and shoes;
• things without which the debtor cannot work, etc.

Challenge and appeal every action of the bailiff. Contact a lawyer and remove everything from the bankruptcy estate.

Video - how to behave if the bailiffs come:

Bottom line

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