The enforcement fee is a monetary penalty imposed on the debtor in the event of his failure to fulfill the writ of execution within the period established for the voluntary execution of the writ of execution, as well as in the event of his failure to comply with the writ of execution, subject to immediate execution, within 24 hours from the receipt of a copy of the order of the bailiff. on initiation of enforcement proceedings. The performance fee is credited to the federal budget. 2. The enforcement fee is established by the bailiff after the expiration of the period specified in Part 1 of this article, if the debtor has not provided the bailiff with evidence that the execution was impossible due to force majeure, that is, extraordinary and unpreventable circumstances under the given conditions.

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The bailiff's decision to collect the enforcement fee is approved by the senior bailiff. (as amended by Federal Law dated July 18, 2011 N 225-FZ) (see text in the previous edition) 3.

The enforcement fee is established in the amount of seven percent of the amount to be recovered or the value of the recovered property, but not less than one thousand rubles from a debtor-citizen or a debtor-individual entrepreneur and ten thousand rubles from a debtor-organization. In the event of non-execution of an enforcement document of a non-property nature, the enforcement fee from a debtor-citizen or a debtor-individual entrepreneur is established in the amount of five thousand rubles, from a debtor-organization - fifty thousand rubles.

(Part 3 as amended by Federal Law dated December 28, 2013 N 441-FZ) (see text in the previous edition) 3.1.

How can I reduce or cancel the performance fee?

People complain that money is withdrawn from their bank cards without warning. They didn’t move anywhere, lived at the same address, and didn’t change jobs or bank accounts.

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However, the bailiffs still did not warn them properly and blocked the accounts. Please be aware that such actions are illegal. Before collection, bailiffs must ensure that:

• the debtor was given a period to voluntarily comply with the court decision, but it expired;
• there is evidence that the debtor knows about the resolution;
• the debtor did not provide any evidence of the reasons why he was unable to comply with the requirements.

The enforcement fee of bailiffs is appointed by a separate resolution.

The debtor must also be notified about it in the prescribed manner. It is important to know that no one is obliged to hire detectives and look for a person to serve the document.

How not to pay enforcement fees to bailiffs

The debtor has the right, in the manner established by this Federal Law, to apply to the court to challenge the order of the bailiff to collect the enforcement fee, with a claim for a deferment or installment plan for its collection, to reduce its amount or exemption from the collection of the enforcement fee. 7. The court has the right, taking into account the degree of guilt of the debtor for failure to fulfill the writ of execution on time, the property status of the debtor, and other significant circumstances, to defer or defer the collection of the enforcement fee, as well as reduce its amount, but not more than one quarter of the amount established in accordance with part 3 of this article.
In the absence of grounds for liability for violation of an obligation established by the Civil Code of the Russian Federation, the court has the right to release the debtor from collecting the enforcement fee. 8.

What is the enforcement fee for bailiffs?

Attention

For example, according to Article 46 of the Federal Law, the writ of execution is re-sent to the plaintiff if the debtor does not have property that could be recovered. However, such a fact is not considered an obstacle to further debt collection with an extension of the period to 3 years (Article 21).

You can voluntarily pay the debt within 5 days if the debtor has been informed of the deadline for execution of the collection, and this period does not include weekends and holidays. After being informed of the initiation of a case, you should urgently deposit the amount into the FSSP account. The debtor must prove that he is taking specific measures to comply with the payment requirements.

Website of Russian bailiffs - addresses, phone numbers and reviews

Today, a huge problem in our society is debt loads. The courts are inundated with demands from creditors for repayment. Debtors must remember that penalties, fines, and interest are not the only waste in the event of debt collection through the court. There is an enforcement fee of bailiffs. This is what will be discussed further. The concept of the enforcement fee of bailiffs is another sanction against the debtor for late repayment.

Its nature is simple: it is a kind of payment to the state for the work of the bailiffs in collecting the debt if the decision is not fulfilled. The enforcement fee of bailiffs is considered a punitive measure.

At the same time, it gives an additional incentive to fulfill all the requirements of the court on your own, because otherwise you will have to pay more than the court ordered.

Article 112. enforcement fee

This means that it is useless to contact the senior bailiff about the legal document itself. Of course, higher authorities will consider illegal actions or inactions, but decisions already adopted will not be canceled.

Therefore, you will have to appeal the document itself regarding the obligation to pay the enforcement fee only in court. How to reduce the amount of the fee You can legally reduce the amount.
There may be several reasons for this:

• The debtor repaid part of the debt after the court decision, but before the initiation of proceedings based on the writ of execution.
• The debtor repaid part of the debt during the voluntary repayment period.
• By the tribunal's decision.

The court has the right to reduce the amount of the fee. To do this, you will need to prove that there were reasons that prevented you from paying the debt on time. For example, serious illness, injury. It is important to know that the debtor is obliged to pay immediately after treatment.

Do I need to pay an execution fee?

The amount of the enforcement fee is 7% of the total debt. Federal Law 229 (On Enforcement Proceedings) regulates the obligation to collect.

This is done as follows

1. The plaintiff goes to court and wins.
2. The judge or plaintiff sends the writ of execution to the FSSP service, where it is given to the bailiff responsible for the territorial residence of the defendant. Each bailiff is assigned a specific plot and a specific house.
3. The bailiff initiates enforcement proceedings and notifies the defendant about this. The debtor must sign for receipt of the notice, otherwise the bailiff will not have the right to collect the enforcement fee.
4. If the defendant does not voluntarily repay the debt within ten days, then the bailiff begins forced collection, simultaneously initiating separate collection proceedings.
5. This is followed by an inventory and seizure of property, seizure of accounts, etc.

Actions of bailiffs if the enforcement fee is not paid voluntarily

To do this, the defendant must not only write an appeal to the court, but also promptly inform the bailiff about this, providing the necessary arguments. The deferment goes beyond the scope of coercion; this situation does not affect the voluntary fulfillment of obligations by the debtor. The enforcement fee is not charged when carrying out proceedings:

• on delegation of instructions from another bailiff;
• for execution in a territory where his duties do not apply;
• when submitting a writ of execution for the second time;
• upon request for forced eviction from the borders of the Russian Federation of foreigners or those without citizenship;
• as prescribed by compulsory work;
• upon request to search for children.

The defendant's side has the right to appeal the decision of the bailiff, and it is necessary to appeal the actions of the bailiff to his management.
Many bank debtors sooner or later face the judicial system. The credit institution wants to get its money back and is resorting to lawsuits against its clients. This is usually done through writ proceedings, without the participation of the defendant. Often he doesn't even know about it. On the one hand, this is good, because the court order can be canceled, but on the other hand, the visit of the bailiffs to your home may come as a complete surprise. THE CONTENT OF THE ARTICLE:

• Execution fee, what is it?
• Initiation of enforcement proceedings
• Resolution on collection of enforcement fee
• How not to pay?
• Appeal
• Voluntary execution of a writ of execution
• How to pay the performance fee

Dear readers! Important! Problems related to debts are classified as complex matters.

Today, a huge problem in our society is debt loads. The courts are inundated with demands from creditors for repayment. Debtors must remember that penalties, fines, and interest are not the only waste in the event of debt collection through the court. There is an enforcement fee of bailiffs. This is what will be discussed further.

Concept

The enforcement fee of the bailiffs is another sanction against the debtor for late repayment. Its nature is simple: it is a kind of payment to the state for the work of bailiffs if the decision is not carried out.

The enforcement fee of bailiffs is considered a punitive measure. At the same time, it gives an additional incentive to fulfill all the requirements of the court on your own, because otherwise you will have to pay more than the court ordered.

Resolution

The resolution on the collection of the enforcement fee contains all the necessary information: the name of the bailiff department, information about the decision made, details for payment, the appeal procedure. It is issued if the debtor fails to comply with the requirements of the writ of execution within a voluntary period. By law, he must be informed in writing about the decision. In practice, unfortunately, this is often violated.

Conditions

There must be two conditions under which a decision is made on the decision to collect the enforcement fee:

1. Failure to comply on time.
2. Lack of evidence of impossibility of execution.

Voluntary compliance with requirements

The enforcement fee may not be assigned if the debtor voluntarily complied with the requirements within the time limits established by the bailiffs. It should be understood that this applies only to those who came to the bailiffs for the first time. What does it mean? The fact is that, according to the law, it will be returned to the creditor if the debtor physically does not have property that can be recovered. However, this does not mean that the first one does not have the opportunity to apply again. In this case, an enforcement fee will definitely be assigned.

5 days are allotted for voluntary compliance. During this time, the debtor can comply with the court's requirements and avoid additional costs. Weekends and holidays are not taken into account. You also need to know that the debtor must be properly notified of the writ of execution in one of the following ways:

• Personal departure.
• SMS, phone.
• Postal correspondence with notification.

If the debtor refused to accept a registered letter, this will not help him avoid sanctions. By law, he will be considered officially notified. What is the amount of the performance fee? More on this later.

Enforcement fee of bailiffs: size

The fee is 7% of the amount collected. This is a very impressive percentage. Let's assume that the debtor is awarded half a million. The fee will be 35 thousand rubles. For small amounts the following minimum amounts apply:

• 1000 thousand rubles - for individuals;
• 10 thousand rubles - for legal entities.

Other amounts for non-property claims. They cannot be assessed and, accordingly, it is impossible to collect interest. In this case you will have to pay:

• 5 thousand rubles - to individuals.
• 50 thousand rubles - to organizations.

Collection of enforcement fees

The bailiff must notify the debtor that proceedings are being conducted against him. This is often not followed. People complain that money is withdrawn from their bank cards without warning. They didn’t move anywhere, lived at the same address, and didn’t change jobs or bank accounts. However, the bailiffs still did not warn them properly and blocked the accounts. Please be aware that such actions are illegal.

Before collection, bailiffs must ensure that:

• the debtor was given a period to voluntarily comply with the court decision, but it expired;
• there is evidence that the debtor knows about the resolution;
• the debtor did not provide any evidence of the reasons why he was unable to comply with the requirements.

The enforcement fee of bailiffs is appointed by a separate resolution. The debtor must also be notified about it in the prescribed manner. It is important to know that no one is obliged to hire detectives and look for a person to serve the document. According to the Law, a citizen is considered notified if a note is received that postal employees tried to deliver the correspondence in person, but for some reason this was not possible. Our citizens mistakenly believe that if they do not receive the letter in person, the notification is invalid. If the debtor wants to avoid unnecessary financial waste, then he must take all measures to control his incoming correspondence.

There are justifiable cases where the fee is not charged. Let's look at them further.

Valid cases of exemption from the fee

The enforcement fee is not collected in the following cases:

• force majeure;
• when granting a deferment.

The last point raises no questions for anyone. What does force majeure mean? What falls under this concept?

This refers to circumstances that precluded the possibility of paying. For example, a flood. A person lives in special climatic conditions in which the likelihood of flooding is high. The roads are washed out, people are caught in the elements. In this case, this circumstance will fall under the concept of “force majeure”. Do not forget about the importance of proving circumstances that are valid. There are some cases when the subject is completely exempt from this payment. Let's look at them further.

No performance fee

The following situations are exempt from the fee:

• Upon re-presentation. It follows from this that it is unlawful to present the collection to the same writ of execution several times.
• Acts on interim measures.
• Resolutions related to compensation of bailiffs' expenses.
• Requests related to the search for children.

How to appeal decisions

It is important to understand that all bailiffs cannot be appealed in the order of subordination. This means that it is useless to contact the senior bailiff about the legal document itself. Of course, higher authorities will consider illegal actions or inactions, but decisions already adopted will not be canceled. Therefore, you will have to appeal the document itself regarding the obligation to pay the enforcement fee only in court.

How to reduce your fee

You can legally reduce the amount. There may be several reasons for this:

• The debtor repaid part of the debt after the court decision, but before the initiation of proceedings based on the writ of execution.
• The debtor repaid part of the debt during the voluntary repayment period.
• By the tribunal's decision.

The court has the right to reduce the amount of the fee. To do this, you will need to prove that there were reasons that prevented you from paying the debt on time. For example, serious illness, injury. It is important to know that the debtor is obliged to pay immediately after treatment. A difficult financial situation is not a significant reason for reducing the amount of the fee.

Conclusion

So, we have examined the concept of enforcement fees and determined the amounts for property and non-property disputes. They explained which cases are exempt from the fee. The performance fee can be legally reduced.

The applicant has 10 days to cancel the bailiff's decision to collect the enforcement payment. If a citizen, individual entrepreneur or organization cannot protect their rights on their own, then it is advisable to enlist the support of a qualified lawyer. Instructions

1. The applicant should thoroughly verify the legality of the dispute with the bailiff. To do this, you need to analyze the documentation, including the resolution to initiate enforcement proceedings.
2. If there are grounds, for example, the illegality of the bailiff’s action, it is advisable to appeal it administratively.

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• information about what rights of the debtor have been violated;
• information on compliance with the pre-trial procedure for resolving a dispute.

Attention

The text of the statement of claim must be logical and presented in literate language. Documents The following documents must be attached to the statement of claim:

• applicant’s passport, constituent documents;
• documents of the organization representative;
• documents on which the applicant bases his legal claims;
• acts from officials - if a citizen or organization applied to the bailiff directly for a solution to the problem.

The statement of claim, along with other documents, must be sent to all persons involved in the case.

Documents should be sent by registered mail with return receipt requested. The judge accepts the claim for consideration within three days from the moment the documents are received by the court.

How can I reduce or cancel the performance fee?

In case of deferment or installment payment, the requirement to pay the fee is subject to voluntary execution within these new deadlines. At the same time, during the deferment period no enforcement actions are taken and no enforcement measures are applied.
If the debtor makes a demand for a delay or installment plan, he must also prove the impossibility of fulfillment on time and justify the period of delay, otherwise his request will not be satisfied by the court. In the absence of grounds for liability for violation of an obligation provided for by the Civil Code of the Russian Federation, the court has the right to release the debtor from collecting the enforcement fee.

How to cancel the enforcement fee of bailiffs

But this can be done in exceptional cases:

• when proceedings are initiated against an improper person;
• when the bailiff’s demands are illegal, but the official himself refuses to acknowledge this;
• if the amount of the enforcement fee is calculated incorrectly.

Before challenging the enforcement fee, you should understand that if there is a legal decision, the lawyer will be able to cancel the bailiff’s decision if he identifies significant deficiencies in the document or can prove in court that the measures against the debtor are unfounded. How not to pay? There is no universal algorithm of actions.
If the bailiff issued an order for payment and it came into force, then you will have to pay. Experts recommend establishing the grounds that allow you not to deposit funds initially or to appeal the illegal decision of the bailiff.

Is it possible to challenge the performance fee?

In this case, it is meant that a person who has not fulfilled an obligation or has performed it improperly is liable in the presence of guilt (intention or negligence), except in cases where the law or contract provides for other grounds for liability (clauses 1, 3 of Article 401 of the Civil Code RF). Unless otherwise provided by law or contract, a person who fails to fulfill or improperly fulfills an obligation when carrying out business activities is liable unless he proves that proper fulfillment was impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions.

How to write an application to cancel the enforcement fee

Important

The bailiff's decision to collect the enforcement fee is approved by the senior bailiff. 3. The enforcement fee is established in the amount of seven percent of the amount subject to collection or the value of the property being recovered, but not less than one thousand rubles from a debtor-citizen or a debtor-individual entrepreneur and ten thousand rubles from a debtor-organization.

In the event of non-execution of an enforcement document of a non-property nature, the enforcement fee from a debtor-citizen or a debtor-individual entrepreneur is established in the amount of five thousand rubles, from a debtor-organization - fifty thousand rubles. 3.1.

Application to the bailiffs for the cancellation of the enforcement fee

The basis for starting a judicial review will be a statement of claim. It is drawn up according to accepted rules; the form can be obtained from the website of the local court.

Depending on the jurisdiction, such cases may be considered in the following instances:

• Arbitration court. According to the provisions of Article 329, part two of the Arbitration Procedure Code of the Russian Federation, payment of a fee to begin challenging the decision to collect an enforcement fee is not necessary.
• Courts of general jurisdiction - magistrate, civil or administrative. The first is where a claim is filed if the total amount of recovery does not exceed 50 thousand rubles. In all other cases, it is necessary to apply to a civil or administrative court.

After submitting the statement of claim and the necessary evidence, a time is set for the first meeting.
It is usually attended by the plaintiff and defendant, or their representatives.

How not to pay enforcement fees to bailiffs

Procedure For non-payment of the fee, the bailiff must provide evidence that confirms that the debtor could not fulfill the decision within the prescribed period. A valid reason for failure to comply with the bailiff's instructions is force majeure.

Their list has not been thoroughly established. Such circumstances include:

• illness of the debtor;
• his deprivation or restriction of freedom;
• accidents and events that prevent the debtor, for objective reasons, from executing the lawful order of the bailiff.

However, the presence of force majeure circumstances does not relieve the debtor from fulfilling the obligation to execute a court decision or other act of an official.

Appealing a decision to collect an enforcement fee (sample)

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After the final verdict is made, the case is transferred to the bailiffs. They are obliged to monitor its implementation and, if necessary, can impose additional financial sanctions on the defendant.

Challenging a decision to collect an enforcement fee can be done at any stage. But to do this, you need to know the rules for filing a complaint and identify cases when this is appropriate. What it is? First you need to find out what the enforcement fee is and in what cases it may be charged. To do this, you should study article of law No. 229-FZ. It describes the rules for the work of bailiffs and the procedure for performing the duties assigned to them.

If within 5 days the defendant has not fulfilled the entire list of requirements specified in the writ of execution, the case falls under the jurisdiction of the bailiffs. In the process of work, they waste their time and money.

How to correctly and quickly cancel the collection of the enforcement fee?

Based on this, the courts refuse to satisfy requests for exemption from collection of fees unless the applicant - a commercial organization - has proven the existence of extraordinary circumstances that are objectively insurmountable and beyond its control. If a larger amount of the enforcement fee is collected than the changed amount, the excess collected must be returned to the debtor. The enforcement fee is returned to the debtor in full in cases of cancellation of the writ of execution, the judicial act on the basis of which the writ of execution was issued, or the order of the bailiff (for example, if the latter is declared illegal). The return of the enforcement fee is carried out on the basis of an application submitted by the debtor to the structural unit of the territorial body of the Federal Bailiff Service, in which the enforcement fee was collected.

The application indicates the bank account details for transferring funds, or the address of the debtor-citizen for transferring funds through post offices. Attached to the application are copies certified by the court of a judicial act that has entered into legal force on reducing the amount or exemption from collection of the enforcement fee, or a document confirming the cancellation of the judicial or other act on the basis of which the executive document was issued, the writ of execution, the order of the bailiff on the collection enforcement fee, or a resolution of the bailiff to amend the resolution on the collection of the enforcement fee. The refund of the enforcement fee must be made no later than 30 days from the date of acceptance of the application.

Application to the bailiff to cancel the enforcement fee

The debtor has the right, in the manner established by this Federal Law, to apply to the court to challenge the order of the bailiff to collect the enforcement fee, with a claim for a deferment or installment plan for its collection, to reduce its amount or exemption from the collection of the enforcement fee. 7. The court has the right, taking into account the degree of guilt of the debtor for failure to fulfill the writ of execution on time, the property status of the debtor, and other significant circumstances, to defer or defer the collection of the enforcement fee, as well as reduce its amount, but not more than one quarter of the amount established in accordance with part 3 of this article.

In the absence of grounds for liability for violation of an obligation established by the Civil Code of the Russian Federation, the court has the right to release the debtor from collecting the enforcement fee. 8.

Hello.

1. The enforcement fee is a monetary penalty imposed on the debtor in the event of his failure to comply with a writ of execution within the period established for the voluntary execution of a writ of execution, as well as in the event of his failure to comply with a writ of execution, subject to immediate execution, within 24 hours from the receipt of a copy of the bailiff’s decision - the executor on the initiation of enforcement proceedings. The performance fee is credited to the federal budget.

2. The enforcement fee is established by the bailiff after the expiration of the period specified in Part 1 of this article, if the debtor has not provided the bailiff with evidence that the execution was impossible due to force majeure, that is, extraordinary and unpreventable circumstances under the given conditions. The bailiff's decision to collect the enforcement fee is approved by the senior bailiff.

3. The enforcement fee is established in the amount of seven percent of the amount subject to collection or the value of the property being recovered, but not less than one thousand rubles from a debtor-citizen or a debtor-individual entrepreneur and ten thousand rubles from a debtor-organization. In the event of non-execution of an enforcement document of a non-property nature, the enforcement fee from a debtor-citizen or a debtor-individual entrepreneur is established in the amount of five thousand rubles, from a debtor-organization - fifty thousand rubles.

3.1. In relation to several debtors for joint collection in favor of one collector, the enforcement fee is established from each of the debtors in the amount of seven percent of the amount to be recovered or the value of the recovered property, but not less than one thousand rubles from a debtor-citizen or a debtor - individual entrepreneur and ten thousand rubles from the debtor organization.

4. The enforcement fee for non-payment of periodic payments is calculated and collected from the amount of each debt separately.

5. The enforcement fee is not collected in cases where enforcement proceedings are initiated:

1) according to an executive document received in the manner established by Part 6 of Article 33 of this Federal Law;

2) upon repeated presentation for execution of a writ of execution, according to which a resolution of the bailiff to collect the enforcement fee was issued and not cancelled;

3) by order of the bailiff on the collection of expenses for carrying out enforcement actions and the enforcement fee imposed by the bailiff in the process of executing the enforcement document;

4) according to judicial acts on interim measures;

5) according to executive documents containing requirements for the forced expulsion from the Russian Federation of foreign citizens or stateless persons;

6) according to executive documents containing requirements for serving compulsory labor;

7) at the request of the central authority to search for a child.

6. The debtor has the right, in the manner established by this Federal Law, to apply to the court to challenge the bailiff’s decision to collect the enforcement fee, with a claim for a deferment or installment plan for its collection, to reduce its amount or exemption from the collection of the enforcement fee.

7. The court has the right, taking into account the degree of guilt of the debtor for failure to fulfill the writ of execution on time, the property status of the debtor, and other significant circumstances, to defer or defer the collection of the enforcement fee, as well as reduce its amount, but not more than one quarter of the amount established in accordance with part 3 of this article. In the absence of grounds for liability for violation of an obligation established by the Civil Code of the Russian Federation, the court has the right to release the debtor from collecting the enforcement fee.

8. If the court accepts for consideration the application or claim specified in Part 6 of this article, the collection of the enforcement fee is suspended until the court makes a decision. The court's decision to fully or partially satisfy them applies to immediate execution.

9. If the court reduces the amount of the enforcement fee, the order of the bailiff to collect the enforcement fee is considered changed accordingly. In this case, the debtor is returned the excess amount of money collected from him.

10. The enforcement fee is returned to the debtor in full in cases of cancellation:

1) a judicial act, an act of another body or official, on the basis of which the executive document was issued;

2) executive document;

3) resolution of the bailiff to collect the enforcement fee.

11. The return of the enforcement fee to the debtor is carried out in the manner determined by the Government of the Russian Federation.

The enforcement fee is a punitive sanction, that is, imposing on the debtor the obligation to make an additional payment as a measure of his public legal responsibility.

A resolution to collect the enforcement fee is issued if the debtor fails to comply with the requirements of the enforcement document within the period established by the bailiff for voluntary execution.

The period for voluntary compliance with the requirements of the enforcement document is five days from the date of receipt of the decision to initiate enforcement proceedings.

The amount of the enforcement fee is established: in the amount of seven percent of the amount to be collected or the value of the property being recovered, but not less than one thousand rubles from a debtor-citizen or a debtor-individual entrepreneur and ten thousand rubles from a debtor-organization.

By virtue of the requirements of the Law, in order to make a decision on issuing a resolution to collect the enforcement fee, the bailiff establishes the presence of the following circumstances simultaneously:

Expiration of the period established for the debtor for the voluntary fulfillment of the requirements of the writ of execution;

Documentary confirmation of the fact that the debtor has received a resolution to initiate enforcement proceedings or has refused to receive it;

The debtor has not fulfilled the requirements of the writ of execution;

The debtor has not provided evidence that performance was impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions;

At the same time, notification of the debtor about the initiation of enforcement proceedings against him is the main evidence of his guilt in failure to comply with the requirements of the executive document, including on a voluntary basis, and the basis for the application of a penalty - the collection of an enforcement fee.

The resolution to initiate enforcement proceedings can be sent to the debtor by postal mail with return receipt, 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.

If the order to initiate enforcement proceedings is not received by the debtor when sent in the specified ways (for example, the debtor did not appear to receive it, the organization is absent, etc.), the debtor is considered to have been properly notified, but the bailiff takes measures to notify the debtor to other addresses (according to the information of the claimant, data from the Unified State Register of Legal Entities, the Unified State Register of Individual Entrepreneurs, the Federal Migration Service of Russia, etc.) or by other means (re-sending by simple mail, SMS notification, automatic call, telephone message, telegram, using electronic, other types of communication and delivery).

The resolution to initiate enforcement proceedings is sent to the debtor by registered mail with a return postal notification of delivery of the postal item. On the envelope and the return postal notice, information about the contents of the envelope is indicated: “resolution on the initiation of enforcement proceedings No.... dated...”. In addition, the resolution to initiate enforcement proceedings must be sent with a list of documents attached. The presence of only a postal item in the materials of enforcement proceedings is insufficient evidence of proper notification of the debtor.

Thus, if you did not receive a resolution to initiate enforcement proceedings, or it was sent in violation of the above rules (there is no notification of delivery), then you are exempt from paying the enforcement fee. If a decision to collect the enforcement fee is nevertheless issued, it can only be challenged in court within 10 days from the date the debtor receives this decision. A complaint regarding the enforcement fee in the order of subordination by higher officials is not considered.