The company won the dispute and received the documents necessary for collection in court. To receive funds from the debtor, you can act independently or give documents to bailiffs.

At first, it is better for the company to try to collect the debt on its own. If this method does not work, you need to contact the bailiff service. In any case, it is you who will have to do everything, but when the bailiffs have the sheet, it will be possible to use their powers.

How can a company collect a debt without bailiffs

To collect the debt yourself, present the sheet to the bank where the debtor has an account (Part 1, Article 8 of Federal Law No. 229-FZ of 02.10.07, hereinafter -). Details are usually included in the contract. When at least one account is known, proceed as follows:

1. Make a request to the IFTS for information on all accounts and attach a copy of the writ of execution (see sample).
2. Submit an application to the bank to write off funds from the debtor's account and attach the original writ of execution. In the application, provide the information specified in Article 8 of Law No. 229-FZ (see sample).

If the contract with the debtor does not contain account details, look for them on the debtor's website or third-party sites. Request details from the debtor's employees who are not aware of the debt collection. Or contact the debtor himself on behalf of another company with an offer to buy his goods (use the services) and request an account to transfer the advance - this way you can find out the "live" account to which the money is received.

When several accounts of the debtor in different banks become known, submit applications sequentially, since the original writ of execution must be attached to them.

If there is money on the debtor's account, the bank will write it off and transfer it to the account specified in the application within three days. When there is not enough money, the bank will write off only what is available. The rest he will recover as they come. The debtor will most likely immediately find out about the write-off, so the money will no longer be credited to this account. Retract the sheet and submit it to another bank. Go through all the known accounts in this way.

The disadvantage of this method is that it will take time if there are several accounts and they are in different regions. In addition, the debtor can open new accounts, which you will learn about only by re-sending a request to the Federal Tax Service. But when the bills are few, it's good way. If you can't get your money back, contact the bailiffs.

How can a company collect a debt with the help of a bailiff service?

Application for initiation of enforcement proceedings

Submit an application for initiation of enforcement proceedings to the department of the bailiff service at the address of the debtor. The debtor's address is in the extract from the Unified State Register of Legal Entities, you will find the bailiffs department through the service on the website of the FSSP of Russia.

Make an application in free form (see sample). Attach a writ of execution (original) and a power of attorney from the company. To make the recovery go faster, write about the known property of the debtor and ask to seize it (Article 30 of Law No. 229-FZ). Arrest should be imposed already at the initiation of proceedings, without waiting until the deadline for voluntary repayment of the debt has passed. The bailiff must make the decision to arrest within a day from the date of receipt of the application (part 2 of article 80 of law No. 229-F).

Deadline for initiating enforcement proceedings

Enforcement proceedings must be initiated in a maximum of six days: within three days from the date the application is received by the department, it will be handed over to the bailiff who will conduct the proceedings. Further, the bailiff within three days makes a decision to initiate enforcement proceedings. He sends this decision to the recoverer and debtor (parts 7, 8, 17, article 30 of Law No. 229-FZ).

In the resolution on initiation, the bailiff will indicate that the debtor has five days to return the money voluntarily. After that, the funds are forcibly collected, and in addition, a performance fee is collected - 7 percent of the debt amount.

After 6 days from the date of filing, go to the reception to the bailiff. He usually takes twice a week. It's best to arrive before the reception to get in line. You can also make an appointment in advance through the service on the UFSSP website for the region. Those who signed up in advance have priority over the general queue, but this service does not always work. You can also try to call the bailiff, but this is usually not possible. In addition, he is not entitled to talk about the production over the phone.

Documents when initiating enforcement proceedings

At the meeting, first of all, make sure that the proceedings are initiated. Check the decision issued by the bailiff, whether it contains information about the debtor, the recoverer, the writ of execution and the amount of the debt. Formal errors can become the basis for canceling the decision at the request of the debtor ().

Also ask the bailiff to print requests to banks, tax office, Rosreestr, the Ministry of Internal Affairs and issue an order that will allow you to submit these requests yourself and receive answers. If you have information about the specific property of the debtor, ask the bailiff to impose a ban on disposing of it.

Bailiff's requests

Bailiffs have established electronic circulation with many organizations. When the bailiff initiates proceedings, the program (AIS FSSP of Russia) sends requests to banks, tax and other authorities. The bailiff receives answers within 7 days (part 10 of article 69 of law No. 229-FZ). The difficulty is that he has no time to read them. To find out exactly what requests the bailiff made, request a production summary from this program. Not every bailiff knows how to do it, in which case you will have to contact his leader - it can be long, so it’s better to take requests on paper, spread them yourself and get answers. In a linked case, there are often no copies of requests for the very reason that they are sent electronically.

When there are answers to inquiries, act according to the types of property: money in accounts and on hand, movable and real estate, accounts receivable.

The debt obligations of an individual are always recoverable, regardless of any circumstances. Today, creditors can assign the right to claim debts collection agencies. The sale of an individual's debt to collectors is a completely legal transaction, it is carried out on the basis of an assignment agreement. This is a rather complicated process, which has many features and nuances that are worth considering in detail.

What debts can be sold and to whom

While debt is a liquid commodity on the market, not all of it is of value to collection agencies. It matters, the amount of debt, solvency of the debtor and other factors. Collectors buy only those debts that they are more likely to repay and make a profit from them. At the same time, the cost of debt is negligible, and can amount to only 1% of the amount of receivables.

What debts can be sold:

• credit;
• under a supply contract;
• under a contract;
• under a loan agreement.

Selling debt to collectors is the legal right of the collector. In fact, he transfers the rights to claim debts to new collectors. That is, the debtor and the original creditor terminate any financial relationship.

The sale of debt is carried out in accordance with the law regulated in clause 1 of article 382 Civil Code RF. But it does not specify to which person the rights of claim can be assigned.

Assignment of the right of claim to a third party is possible only if this is provided for by a bilateral agreement between the recoverer and the debtor. For example, if in loan agreement there is a clause on the transfer of data to a third party in case of default, then the bank can sell the debt to collectors, otherwise not.

How to sell debt to collectors

Banks often resort to the services of debt collectors to collect bad loans. That is, if payments were not made for about a year or more. Lenders sell debt "wholesale", collect a portfolio of debts and offer them to several collection agencies, then choose more profitable offers for themselves.

This transaction is not beneficial for the creditor, for the reason that they can partially recover the losses.

Collectors may refuse to buy debt if the borrower has a low income, difficult financial situation, lack of property in the property. After all, their rights are strictly limited by law.

Further, if the creditor managed to find a buyer, they must enter into an assignment agreement. On the basis of his right, the claims of the debt are transferred to the collectors, and the agreement between the original creditor and the borrower becomes null and void.

The consent of the borrower to sell the debt is not required, but the lender must notify him 30 days before the deal.

If he did not do this, and the debtor returned the debt to the original creditor, his obligations are considered fulfilled. Then disagreements may arise between the creditor and the collector.

What debts cannot be sold to collectors:

• alimony;
• compensation for moral damage;
• compensation for harm to health.

Sale of debt under a writ of execution

This document is issued by the court to the recoverer, it gives the right to collect the debt by force. The plaintiff receives it, he has the right to refer the case to the bailiff to open enforcement proceedings.

You can sell debt to debt collectors writ of execution, it is not prohibited by law. This is done under a bilateral agreement. But the seller's benefit is minimal here, because he can return from 50 to 10% of the debt but will do so as soon as possible.

The new recoverer may demand only the amount that the court has established, according to the writ of execution, he does not have the right to charge penalties and interest.

Before you sell the debt of an individual to collectors under a writ of execution, you need to get it in court and transfer it to the FSSP. Based on the submitted document and the claimant's statement bailiff performer must open enforcement proceedings within 7 days.

Further, the creditor can conclude an agreement on the assignment of the rights to claim the debt with the collector. This agreement is transferred to the bailiff to the executor, who replaces one side of the enforcement proceedings with the successor, that is, the collector.

This action governs the federal law"On Enforcement Proceedings", N 229-FZ Art. 52.

The nuances of the transaction and the rights of the parties

If the agreement between the debtor and the recoverer does not provide for the assignment of the rights to claim the debt in the event of improper performance obligations, it is impossible by law to sell it to collectors. After court order, this law does not apply, because the bailiff acts as the recoverer, and the creditor or collector is the recipient.

After receiving court order and the assignment of rights to claim the debt to collectors, the debtor must be notified.

After the opening of enforcement proceedings, the debtor has the right to pay the debt to the recipient directly, while providing payment orders to the bailiff to the executor. Either the bailiff has to forcibly collect funds, write them off from bank accounts, withhold 50% of wages, and sell the debtor's property.

The recipient or collector has no right to collect funds forcibly, not before a court decision, not after it. His powers are generally strictly limited:

• phone calls within the limits established by law;
• sending written notices by mail or via SMS messages;
• personal meetings with the debtor by prior arrangement.

In this case, the collector can only notify about the debt and the need to pay it off, only before the entry into force of the court order. Further, the bailiff is engaged in recovery.

As you can see, the court does not threaten the debtor, because after receiving a writ of execution, debt collectors are no longer involved in collecting debts, this right passes to the bailiff. Debts will have to be repaid unambiguously, and preferably voluntarily.

The following documents are required:

1. Application for fulfillment of the requirements under the writ of execution. In the application, it is necessary to indicate the details of the claimant, details for the transfer Money, the numbers of the debtor's settlement accounts, the exact amount to be recovered, the data of the writ of execution.
2. Second copy of the application. It will be required by the credit institution to put a mark on its acceptance along with an indication of the date of acceptance. This copy remains with the applicant.
3. The original writ of execution is attached to the application.
4. The original power of attorney for the representative is attached to the application.
5. A copy of the identity document of the applicant or representative.

Also, the applicant needs to clarify the full name and contact details of the contractor for subsequent control of the process.

After the execution of the recovery process, the bank puts a mark on the writ of execution on the execution of the recovery.

What to do if there are not enough funds in the debtor's accounts?

If there are not enough funds on the debtor's accounts, the recoverer may apply for the return of a writ of execution with a note of partial recovery. After that, he can apply to another credit organization, if any.

Get help with debt collection

If you find yourself in a difficult situation, the specialists of the Legal Bureau are ready to assist you with and.

You can ask a question, seek help from the specialists of our company by phone and e-mail, indicated in the section