The right of the bailiff to foreclose on the debtor's wages is provided for in Art. 98 of the law "On enforcement proceedings". The bailiff can do this in several cases:

• If there is a requirement in the writ of execution to foreclose on wages. The bank, if it knows that the borrower receives a salary, always indicates as one of the requirements the write-off of part of it to pay off the debt.
• When collecting a debt amount less than 10 thousand rubles.
• If the borrower does not have Money and property in an amount sufficient to repay the entire amount of the debt.

The contractor sends to the enterprise where the debtor works, a document in which he orders to deduct from his wages part of the funds to pay off the debt. In case of dismissal, the writ of execution will be handed over to the bailiff, and he will send it to the place of the debtor's new job (debtors are required to notify the executive service of the transfer to a new place of work). More about the rights and obligations of bailiffs.

According to paragraph 2 of Art. 99 of the Law “On Enforcement Proceedings”, no more than 50% can be withheld from the debtor’s salary, while there are certain restrictions established by the Labor Code:

• No more than 30% of income can be withdrawn from parents of minor children, as well as children studying at a university on a contract basis.
• No more than 20-25% of the salary can be withdrawn from a single mother or father.

You cannot claim for:

• Accruals paid by the Social Insurance Fund against industrial accidents and occupational diseases.
• Additional payments for harmful working conditions.
• Additional payments for the care of a disabled person of group I.
• Reduction benefit.
• Benefits paid at the birth of a child.

An employer who has received a writ of execution with an order to deduct part of the salary of his employee to pay off his debt to the bank has no right to disobey, so you should not try to “negotiate” with your superiors.

Unfortunately, in addition to the risk of losing part of their wages and losing their property, debtors also face other problems: executors can forbid them to travel abroad, and also try to involve relatives in repaying the debt. We will talk about these unpleasant consequences of late payment of loans in the next article.

In conclusion, I would like to say that, as in the case of banking services or collection agencies, when working with a bailiff, it is important to be able to properly conduct a dialogue. If earlier employees of the executive service received a salary supplement calculated based on the amount of debt collected, now this rule has been canceled. That is why the bailiffs have become less zealous about the performance of their work: it has become easier to agree on a delay with them. Consequently, borrowers can get another chance to repay the debt on their own, avoiding the inventory, seizure and sale of property.

It includes Labor Code and selected federal laws, in particular the Family and tax code, Law on Enforcement Proceedings, On Trade Unions and some others. And also other regulations, including local and authorized bodies, in particular Rostrud. Directly related to the relations under consideration is its letter PR/7156-6-1 concerning the amount of possible withdrawal.

FEDERAL SERVICE FOR LABOR AND EMPLOYMENT

LETTER

In Legal Department Federal Service on labor and employment, the request-appeal was considered. We report the following.

The employer has the right to make monthly deductions from the employee's salary only in the cases listed in Article 137 of the Labor Code Russian Federation(hereinafter referred to as the Code).

No other additional deductions from wages at the discretion of the employer are allowed.

According to Article 138 of the Code, the total amount of all deductions for each payment of wages cannot exceed 20 percent, and in cases provided for by federal laws, 50 percent of the wages due to the employee.

These articles refer to deductions from wages that are made regardless of the will of the employee in order to pay off the employee's debt to the employer or other persons.

In the situation described in the request, we are not talking about deduction, but about the will of the employee to dispose of the accrued salary.

From our point of view, an employee can dispose of his salary at his own discretion, including by repaying a loan, by submitting a corresponding application to the employer's accounting department. At the same time, the provisions of Article 138 of the Code do not apply in this case.

Head of the Legal Department A.V. Anokhin

The immediate grounds for deductions may be:

Article 137. Limitation of deductions from wages

Deductions from the employee's wages are made only in cases provided for by this Code and other federal laws.

Deductions from the employee's salary to pay off his debt to the employer can be made:

• to reimburse the unworked advance payment issued to the employee on account of wages;
• to pay off the unspent and not returned in a timely manner advance payment issued in connection with business trip or transfer to another job in another area, as well as in other cases;
• to return the amounts overpaid to the employee due to accounting errors, as well as the amounts overpaid to the employee, in the event that the body for consideration of individual labor disputes recognizes the employee's guilt in failure to comply with labor standards (part three of Article 155 of Article 157 of this Code);
• upon dismissal of an employee before the end of the working year, on account of which he has already received annual paid leave, for unworked vacation days. Deductions for these days are not made if the employee is dismissed on the grounds provided for in paragraph 8 of the first part of Article 77 or paragraphs 1, 2 or 4 of the first part of Article 81, paragraphs 1, 2, 5, 6 and 7 of Article 83 of this Code.

In the cases provided for in paragraphs two, three and four of part two of this article, the employer has the right to decide on the deduction from the employee's salary no later than one month from the date of expiration of the period established for the return of the advance, repayment of debts or incorrectly calculated payments, and provided that if the employee does not dispute the grounds and amounts of deduction.

Wages overpaid to an employee (including in the event of incorrect application of labor legislation or other regulatory legal acts containing labor law norms) cannot be recovered from him, except in the following cases:

• counting error;
• if the body for the consideration of individual labor disputes has recognized the fault of the employee in failure to comply with labor standards (part three of Article 155 of this Code) or simple (part three of Article 157 of this Code);
• if wages were overpaid to the employee in connection with his illegal actions established by the court.

Article 248. Procedure for recovery of damage

Recovery from the guilty employee of the amount of damage caused, not exceeding the average monthly earnings, is carried out by order of the employer. The order may be made no later than one month from the date of the final determination by the employer of the amount of damage caused by the employee.

If the one-month period has expired or the employee does not agree to voluntarily compensate for the damage caused to the employer, and the amount of damage to be recovered from the employee exceeds his average monthly earnings, then recovery can only be carried out by the court.

If the employer fails to comply with the established procedure for recovering damages, the employee has the right to appeal against the actions of the employer in court.

An employee who is guilty of causing damage to the employer may voluntarily compensate for it in whole or in part. By agreement of the parties employment contract compensation for damages by installments is allowed. In this case, the employee submits to the employer a written obligation to compensate for the damage, indicating specific payment terms. In case of dismissal of an employee who gave a written obligation to voluntarily compensate for damage, but refused to compensate for the specified damage, the outstanding debt is recovered in court.

With the consent of the employer, the employee may transfer to him equivalent property to compensate for the damage caused or repair the damaged property.

Compensation for damages is made regardless of bringing the employee to disciplinary, administrative or criminal liability for actions or inaction that caused damage to the employer.

Maximum and minimum amounts

The topic of "maximum and minimum deduction from wages" should be separated and asked separately for voluntary and mandatory deductions.

As Rostrud points out, letter PR/7156-6-1(text see above), restrictions 138th st. does not apply to withdrawals made upon application employee, within the specified time and amount. So hard worker on one's own and freely disposes of his means and determines what is for him maximum amount and what is the minimum. He can dispose of part of the salary or ask to keep it entirely for selected needs: payment utilities, transfer to third parties, pay under contracts.

Article 138 of the Labor Code “Limiting the amount of deductions from wages” is related to compulsory and based on the 137th Art. TC orders the employer and will help calculate the percentage of the amount of deduction. Here we can mention, in addition to the 138th, another 99th Art. Law on Enforcement Proceedings containing similar provisions.

138th art. The TC contains the following size restrictions:

• their total size cannot exceed 20% ;
• in cases established by laws (On Enforcement Proceedings, the Penal Code) - 50% ;
• for exceptional cases, a general limit is set in 70% - these are deductions during corrective labor, for alimony, in compensation for harm to health, the death of the breadwinner, from a crime committed.

Article 138. Limitation of the amount of deductions from wages

The total amount of all deductions for each payment of wages cannot exceed 20 percent, and in cases provided for by federal laws, 50 percent of the wages due to the employee.

When deducting from wages under several executive documents, the employee must in any case be retained 50 percent of wages.

The restrictions established by this article do not apply to deductions from wages when serving correctional labor, collecting alimony for minor children, compensating for harm caused to the health of another person, compensating for harm to persons who have suffered damage due to the death of a breadwinner, and compensating for damage caused by a crime. . The amount of deductions from wages in these cases cannot exceed 70 percent.

Deductions from payments that are not foreclosed in accordance with federal law are not allowed.

Article 99

1. The amount of deduction from the salary and other income of the debtor, including from the remuneration of the authors of the results of intellectual activity, is calculated from the amount remaining after the withholding of taxes.
2. When executing a writ of execution (several writ of execution), no more than fifty percent of wages and other incomes may be withheld from a debtor-citizen. Withholdings are made until the full execution of the requirements contained in the executive document.
3. The limitation on the amount of deduction from the wages and other incomes of a debtor-citizen, established by part 2 of this article, does not apply when collecting alimony for minor children, compensating for harm caused to health, compensating for harm in connection with the death of a breadwinner and compensating for damage caused by a crime. In these cases, the amount of deduction from the salary and other income of the debtor-citizen may not exceed seventy percent.
4. Restrictions on the amount of deductions from wages and other incomes of a debtor-citizen, established by parts 1-3 of this article, do not apply when foreclosing money on the accounts of the debtor, to which the employer credits wages, with the exception of the amount of the last periodic payment.

At the same time, the PEC limits the amount of deductions from the salary for the least protected persons serving sentences: the disabled, the elderly, women with children.

The dependence of the size on the type of retention

According to the statement an employee can be held without being embarrassed by size. Restrictions of the 138th Art. Labor law (Labor Code of the Russian Federation) does not apply to them.

For mandatory payments limited and size and order.

So, according to the 137th and 248th articles of the Labor Code, the penalty unnecessarily received by the employee of amounts or compensation for harm, possibly no later than a month from the moment, respectively, of the obligation to return (eg advance payment) or the determination of the amount of material damage in the final amount.

At the same time, TC points to the need for consent employee for removal. With several exceptions provided for in the 137th and 248th. This means that without consent, such amounts can be withheld only by judgment .

Individual cases

…Bank loan

If there is a court decision that has entered into force, and the employer is presented with a writ of execution for the forced compensation of the employee's debt under loan agreement, then the deduction amount cannot be over 20%, or 50% when withholding on several documents - 2nd paragraph. 138th art. (details on how to withhold alimony or other debts from wages writ of execution, read).

And if the retention is based on statements employee, from the term and in the amount specified in it, then it is possible to withhold and all sum, of course minus mandatory payments. But force to this involuntarily, neither the bank, nor another counterparty, nor the employer can not.

…compensation for shortages or damages

In this case, we are talking about the liability of the employee, in this case for the shortage. These issues are regulated by the 39th chapter. TK.

Article 39. Guarantees and compensations to persons participating in collective bargaining

Persons participating in collective negotiations, preparation of a draft collective agreement, agreement are released from their main work with the preservation of average earnings for a period determined by agreement of the parties, but not more than three months.

All costs associated with participation in collective bargaining are compensated in accordance with the procedure established by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, an agreement. Payment for the services of experts, specialists and intermediaries is made by the inviting party, unless otherwise provided by the collective agreement, agreement.

Representatives of employees participating in collective bargaining, during the period of their conduct, cannot be subjected to disciplinary action, transferred to another job or dismissed at the initiative of the employer, without the prior consent of the body that authorized them to represent, with the exception of cases of termination of the employment contract for misconduct, for who, in accordance with this Code and other federal laws, provides for dismissal from work.

247th art. obliges the employer to establish the damage and the causes of its occurrence, but he must recover it is not obliged to(Article 240 “The right of the employer to refuse to recover damages from the employee”).

Article 247

Before making a decision on compensation for damages by specific employees, the employer is obliged to conduct an audit to determine the amount of damage caused and the reasons for its occurrence. To conduct such an inspection, the employer has the right to create a commission with the participation of relevant specialists.

Requesting a written explanation from the employee to establish the cause of the damage is mandatory. In case of refusal or evasion of the employee from providing the specified explanation, an appropriate act is drawn up.

The employee and (or) his representative have the right to get acquainted with all the materials of the inspection and appeal against them in the manner prescribed by this Code.

Article 240

The employer has the right, taking into account the specific circumstances under which the damage was caused, to fully or partially refuse to recover it from the guilty employee.

The owner of the property of the organization may restrict the said right of the employer in cases provided for by federal laws, other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local governments, constituent documents of the organization.

The very order of recovery is regulated by the 248th article (see the text above):

In all cases of involuntary seizures, the general restrictions of the 138th article apply (see text above) in terms of size.

It happens that the worker agree to pay damages, the parties enter into an agreement, and the employee draws up a corresponding statement. In this case, he is driven by his good will and no size restrictions.

Possibility to keep the entire salary

With regard to voluntary deductions at the request of the employee, the question is equivalent to another: “Is it possible to give the employee the entire salary?”

Not only common sense, but also Rostrud stands on the position that there are no limits for voluntary deductions therefore, all wages can be withheld.

And here for compulsory withdrawal maximum size retention is defined by the 138th Labor Code, the Law on Enforcement Proceedings and the PEC. At the same time, additional restrictions must be taken into account: a list of income that cannot be levied.

These are, for example, payments in connection with:

• with a business trip;
• assignment to work in another area;
• with payment for a worn tool owned by an employee;
• with the birth of a child;
• with insurance coverage;

Some specifics have deductions from wages convicts.

It is determined by the Federal Law on Enforcement Proceedings (Article 100) and the Penitentiary Code (Articles 44 and 107), which strictly limit the percentage of deductions from the RFP for this category of citizens.

Law "On Enforcement Proceedings"
Article 100

1. Recovery under executive documents is levied on the wages of citizens sentenced to corrective labor, minus deductions made by verdict or court order.
2. Recovery under executive documents is levied on wages, pensions or other incomes of citizens serving sentences in correctional institutions, including medical correctional institutions, medical institutions, as well as in pre-trial detention centers when they perform the functions of correctional institutions in relation to these citizens.

Article 44

1. The penitentiary inspections exercise control over the correctness and timeliness of deductions from the wages of those sentenced to correctional labor and the transfer of the withheld amounts to the appropriate budget. To exercise such control, penitentiary inspections have the right to involve financial and tax authorities.
2. Deductions are made from the salary at the main place of work of the convict for each month worked when paying wages, regardless of whether there are claims against him under executive documents.
3. When deductions are made, the monetary and in-kind part of the convict's salary is taken into account. Withheld amounts are transferred to the respective budget on a monthly basis.
4. Deductions shall not be made from benefits received by a convict in the form of social insurance and social security, from lump-sum payments, with the exception of monthly insurance payments for compulsory social insurance against industrial accidents and occupational diseases.
5. Benefits for temporary disability of the convict are calculated from his salary, excluding deductions in the amount established by the court verdict.
6. In cases of annulment or change of the court verdict with the termination of the case, the amounts excessively withheld from the wages of the convicted person shall be returned to him in full.
7. The penitentiary inspection, the convict himself or the administration of the organization in which he works, have the right to apply to the court with a request to reduce the amount of deductions from the salary of the convict in case of deterioration financial situation. The decision to reduce the amount of deductions is made taking into account all the income of the convict.

Ch. 3rd 107th Art. The PEC establishes, in part, even more humane than general rules:

• credited to the personal account of convicts at least 25% salary;
• elderly, minors and women with small children - at least 50% accrued salary.

Criminal Executive Code of the Russian Federation
Article 107

1. From the wages, pensions and other incomes of those sentenced to deprivation of liberty, deductions are made to reimburse the costs of their maintenance in accordance with part four of Article 99 of this Code.
2. Reimbursement by convicts of expenses for their maintenance is made after satisfaction of all claims of exactors in the manner established by federal law dated October 2, 2007 N 229-FZ "On Enforcement Proceedings".
3. In correctional institutions, at least 25 percent of their wages, pensions or other incomes are credited to the personal account of convicts, regardless of all deductions, and to the personal account of convicted men over 60 years of age, convicted women over 55 years of age, convicts who are disabled of the first or second group , convicted juveniles, convicted pregnant women, convicted women with children in the children's homes of a correctional institution - at least 50 percent of their wages, pensions or other income.

The limitation on the amount of forced deductions is due to concern for rights worker, the inadmissibility of depriving him of all means of subsistence.

At the same time, the worker, as a full participant in labor relations, has the right voluntarily dispose with their income by making requests for withholding in any amount.

The law obliges citizens to participate in the financing of state expenditures through deductions from their income.

To simplify the task for employees of the tax service and various funds, wages are accounting departments of organizations, which consider the amount of payments for the work of employees.

Among the mandatory payments that automatically will be paid by the employee, the following can be distinguished:

• tax on income individuals(personal income tax);
• deductions in the FIU;
• payments for compulsory health insurance;
• contributions in the FSS in case of temporary disability.

These payments cannot be fully named retention from the salary, because the amounts are not withheld by the organization, but are, as it were, paid by ourselves employee, simply with the help of specialists from the company where he works.

Due to some life circumstances, a person remained in debt in front of other persons.

Authorized government agency notifies the employing company with a special executive document that must be deducted from salary employee a certain amount and transfer it to another person.

For example, a financially responsible employee failed to secure property firms. Now, from his earnings, they will repay the damage caused to the company by his actions.

The organization may also withhold wages:

executive documents

1. . The most well-known executive document to accounting workers, because it is used most often. A writ of execution is issued to enforce a court decision.
2. . This document is the result of an order production. The creditor goes to court, presents documents that unambiguously indicate that, in our case, the citizen does not fulfill his obligations. As a result, the creditor in court receives such a writ of execution and can use it to satisfy his claims.
3. Notarized. A rather rare document, because such an agreement is signed by the spouses voluntarily. And it will be easier for the employee to ask the employer himself to transfer alimony to his ex-wife from earnings than to wait until she herself presents an agreement on alimony.
4. . After making a decision, the commission issues a corresponding certificate to the person having the right to claim.
5. Acts other state bodies.

Although the nature of these documents is different, they are equally valid for the organization - payments for them must be transferred from the employee's salary.

Examples

Let's take an example of withholding on a writ of execution from wages.

Imagine that Sidorov, an employee of the company, received a writ of execution for the payment of alimony for one child. In a month he earned 50,000 rubles. We believe:

1. From 50 000 take away NFDL ( 13% ): 50000 – 6500 = 43 500
2. From 43 500 will be withheld 25% : 10 875

43 500 – 10 875 = 32 625 rubles will receive Sidorov in his arms.

The rest will be listed by appointment.

Posting, accounting language in this case may look like this:

• debit 20,23,25,26,44 / credit 70
• debit 70 / credit 68.1
• debit 70 / credit 76.3
• debit 76.3 / credit 50.51

Thus, in answer to the question: how to withhold alimony from a salary, the example discussed above gives a clear idea.

Nothing super complex there is no. Postings for other examples are made in a similar way.

If sent multiple writ of execution, then you should find out the order of their execution.

To clarify the sequence, you need to look into the law "On Enforcement Proceedings".

IN first of all obligations on alimony are fulfilled (including debts on them are repaid), as well as payments for causing harm to health, moral damage and damage caused by the crime.

Second stage- employee benefits and royalties.

Third line- payments to budget and extra-budgetary funds

Fourth turn- other types. This includes overdue bank loans, obligations from civil torts and so on.

For example, Sidorov owes alimony 500 000 rubles, and also owes the bank a loan 200 000 rubles.

In this case, from his 43 500 rubles after personal income tax payments will be held by 70% (30450 rubles) to pay child support debt until the entire debt is repaid. And only after that the organization will begin to execute the document on the obligation to the bank.

Imagine a situation where the funds for repaying debts under executive documents of one priority lacks. How to minus funds in this case?

Then you will have to keep funds on them in proportion to the amount of debt.

For example, Sidorov owes money to two organizations: firm X - 210 000 rubles, firm U - 490 000 rubles. Since the withholding occurs according to several executive documents, up to half of Sidorov's salary can be paid.

15 255 rubles, which is 70% from half of Sidorov's salary, will be transferred every month to the company U.

Let's imagine a situation when Sidorov received 2 writ of execution different order of repayment: one by credit debt before the bank in the amount 100 000 rubles, and the second - unpaid traffic police fines in the amount of 30 000. What part of the income should he give away?

In this case, the following order applies:

1. From salary to 50 000 calculate income tax 13% . Remains 43 500 .
2. The maximum amount of deductions from wages - 21 750 or half of the amount.
3. Unpaid traffic police fines are a debt to the budget, so they will be repaid in the first place. So for the first month 21 750 rubles will go towards the payment of fines.
4. From the second salary will be transferred 8 250 rubles to pay fines and the debt to the budget will be closed. Remaining 13 500 rubles will be used to pay off a bank loan.

After that, the withheld amounts are transferred by payment orders to the accounts indicated in the executive documents.

It is important to note that from the employee's salary are also paid banking fees for translations.

There are also situations where payment alimony produced by postal order.

In this case, postal services are also paid from the salary of the employee, but not from the amount of these alimony.

Hold limits

Employees also have such income that cannot be levied for any reason:

• employee reimbursement business trip or in connection with a transfer to another locality;
• payment of expenses spent on sanatorium-resort treatment an employee;
• payment depreciation of property(tools, machines, units) belonging to the employee, which he uses in the process of work.

Payouts

What is the maximum percentage of withholding on enforcement orders in the case of alimony or damages? How much can bailiffs acting by order deduct from their salaries if there is a fact of serious debt to the law?

The Labor Code fixes the total size - no more than 20 percent.

But, in fact, this rule has a large array of exceptions: if these 20% is not enough to pay off payments under several executive documents, then the amount of deductions can be increased to half of all salaries.

And even this no limit.

If the matter concerns correctional labor, compensation for harm to the life and health of citizens, as well as deductions for the maintenance of their own minor children, then in this case the law is quite strict.

Payments for such purposes may reach up to 70% from earnings.

Eventually, only 30% All earnings will definitely fall into the pocket of the employee. True, and he should be guilty fairly.

We talked more about how much you can keep and what is the maximum salary reduction due to deductions.

Accounting and storage of executive documents

No extraordinary order of storage and accounting of executive documents not required. When these papers are received by the organization, they are registered as incoming documents.

After that, the documents are sent to accounting to prepare the necessary calculations.

Accountants are required to keep logbook and storage of writ of execution. You can develop the form of this journal on one's own. It should reflect the following information:

• details of the document: date, number, when it was received, which authority issued it;
• to whom / which organization it is necessary to transfer funds according to the document, as well as Bank details for enumeration;
• the name of the debtor, the date of delivery of the notice of the document to him;
• the amount to be withheld;
• number and date payment orders for which the withheld amounts were transferred, indicating their size;
• return of the executive document (upon dismissal of the debtor).

Unfortunately, low legal culture predetermines the attitude of citizens to their obligations.

Instead of paying off their debts, citizens choose concealment of expenses, resort to receiving "gray" wages or employment without official registration.

The active struggle of the state with such negative phenomena reduces the efforts of unscrupulous debtors to zero.

Better try pay off faster their obligations to other persons, than for years to drag a trail of writ of execution.

A court decision on the collection of debt from an individual, not executed voluntarily, is transferred to bailiffs for enforcement. The execution of the court decision is carried out in accordance with the requirements.

First of all, debt repayment will be carried out at the expense of funds in the accounts and deposits of an individual. If there is not enough money on the accounts, the repayment of the debt is carried out at the expense of other property of the debtor belonging to him by right of ownership.

Why the bailiff blocks the salary card

The collection is applied to all bank accounts of an individual, including those open to salary cards. The answer to the question: how much bailiffs can take from their salaries, in this case is very simple. The write-off will be made in full amount debt. If there is not enough money in the account, the salary card will be blocked. It will not be possible to produce expenditure operations until the amount specified in the executive document is repaid in full.

What to do in this case? How to remove the lock? How long does it take for a bailiff to get paid? People who find themselves in a similar situation need to understand that such troubles can be avoided by fully paying off debts under court decisions.

When to levy wages

The bailiff sends the employer a writ of execution to collect debts from the employee if at least one of the following conditions is met ( art. 98):

• periodic payments are collected;
• the debt does not exceed 10,000 rubles;
• insufficiency of the debtor's property to pay off the recoverable debt.

The UFSSP can obtain information about the place of work of the debtor from the debtor himself, as well as by sending requests to the Federal tax service And Pension Fund. Each employer provides information about the place of work and the accrued amounts of income of each employee to these supervisory authorities.

How much can a bailiff deduct from salary

How many percent of the salary the bailiffs withhold is given in each executive document. Or it will indicate the amount to be withheld in a fixed amount. The maximum possible amount of deduction from an employee's salary is specified in article 138 of the Labor Code of the Russian Federation. It says that in any case, the employee must be kept 50% of earnings. In exceptional cases, retention rates can reach 70%. These situations include:

• deductions while serving correctional labor;
• collection of alimony;
• compensation for harm caused to life and health;
• compensation for damage caused by the crime.

The employee received several executive documents

If the company receives several executive documents for an employee, then the accountant has a logical question: how to make deductions correctly. In this case, it is necessary to refer to article 111, which establishes the order of repayment of claims. For individuals, it will look like this:

1. Alimony, compensation for harm to health and life, damage caused by a crime.
2. Mandatory payments to the budget and off-budget funds.
3. Other requirements.

Upon receipt of enforcement documents for the collection of debts for the requirements of one queue, they are executed in calendar order.

How much do bailiffs take from their salaries: an example

On July 16, 2018, Semyon Semyonovich Semenov, an employee of Kompaniya LLC, received two writ of execution:

1. Alimony in the amount of 25% of earnings, as well as repayment of arrears in the payment of alimony in the amount of 20,000 rubles. The retention amount is 70% until the debt is paid off.
2. Repayment of debt on a loan in the amount of 4000 rubles.

The salary is 40,000 rubles per month. Amount of personal income tax— 5200 rub. The base for calculating retention is 40,000 - 5200 = 34,800 rubles.

In July, the accountant must make the deduction as follows.

First of all, we calculate the penalties for the first writ of execution (alimony). In total, you can keep 70% of earnings, that is, no more than 34,800 × 70% = 24,360 rubles:

• alimony arrears: 24,360 - 8,700 = 15,600 (balance 20,000 - 15,600 = 4340);
• the amount of deduction for the first IL will be 24,360 rubles. (or 70% of earnings).

Since the deduction on the first sheet exceeds 50%, the recovery on the second writ of execution in June is not made. The employee will receive in his hands: 40,000 - 5200 - 24,360 = 10,400 rubles.

In August, the accountant must make the deduction as follows.

For the first writ of execution:

• alimony 25% is withheld: 34,800 × 25% = 8700;
• alimony arrears: 4340 (balance);
• total: 8700 + 4340 = 13,040 rubles.

50% of earnings is 17,400 rubles, therefore, in August, you can fully pay off the requirement for the second sheet in the amount of 4,000 rubles. The employee will receive in his hands: 40,000 - 5200 - 13040 - 4000 = 17,760 rubles.

Starting from the next month, the accountant will monthly deduct Semenov S.S. from the salary. 25% for child support.

How much bailiffs have the right to withhold from salaries for a loan - this question arises for most bank customers who have taken a loan.

After all, penalties of this kind act as a fundamental way to enforce the decision to collect debt on credit obligations.

Bailiffs are at the head of the execution of these tasks, however, the employer is directly involved in the process. As a result, it turns out that the employee receives wages in his hands, from which the parts necessary for the creditor have already been deducted.

Credit relationships are complex and structured. If there is a failure in this system, the case can turn into an unpleasant proceeding for the parties, which entails the adoption of coercive measures.

Each participant in the procedure has its own powers and obligations, which will be subject to the study process within the framework of this material. This approach will simplify the calculation task and allow you to take the necessary measures.

Grounds for taking share interest

There are a number of sufficient criteria under which the court may decide to make payments - this is a loan obligation that has not been repaid, the formation of debt, the presence of an appropriate will of the court.

In this situation, two fundamental facts should be taken into account:

• if the debt amount of deductions is equal to 10,000 rubles, and also less than this value, then the deduction indicator will be in priority over other methods of repayment (these may include property seizure, freezing of bank accounts);
• if the borrower has a debt that needs to be repaid once and in full, the court may oblige the accounting department to make these deductions only if there are not enough other sources for repayment.

In this regard, the beginning should be preceded by acts that are aimed at establishing the fact of the presence of property and money, for example, a bank deposit.

Only in the absence of them can there be a conversation about the moment that the document is sent to the employer, and deductions are made from wages in the limit threshold.

The nuance is also important that not only official representatives, but also directly the lender himself has the right to deal with the presentation of the sheet.

Reduction procedure

The actual characteristic attributed to the amount of penalties can be determined strictly within the framework of a generalized procedure. Under standard circumstances, half of the part is removed from the RFP, but not more than 70%.

But there are several aggravating circumstances through which you can achieve a reduction in this money.

For example, the presence in the care of minors. The amount subject to an unspecified withdrawal is determined by the number of such offspring and how many people are raising them (both parents or one).

An important nuance to start holding

Under current law, the fact that such professionals traditionally send copies of enforcement papers to the accounting department is a valid basis for the fact of business proceedings to be completed.

If on the part of employees legislatures there will be no desire interacting with the completion of the proceedings, the “victim” of these circumstances needs to engage in independent preparation of a petition about this fact and waiting for the final verdict.

Sometimes circumstances develop in such a way that at first there is a resolution of the issue related to the end of the production action, and then the resolution of the problem associated with a decrease in the amount of deductions is carried out.

How much can they keep?

The following question is important: how much do bailiffs have the right to withhold from salaries for a loan? And it is fair, because there are specific limits, stepping beyond which, the legislative framework and positions can be violated.

In the course of executing financial damage deducted from money due to debts in the form of alimony, the court undertakes to pay attention to the provisions that are specified within the framework of the Labor Code of the Russian Federation.

• it is 20% of the salary;
• the size of 50% based on the documentation;
• 70% in situations of particular difficulty.

In the lion's share of situations, the recovery of half of the funds is observed. The obligation of this kind of occupation is assumed by the employer, or to be more precise, the accounting department, which has information about the features of the issuance of financial resources.

One must be aware of the fact that these specialists are strictly responsible for the arrest. Documents or staged decisions serve as fundamental bases for making such moments.

As for the rest of the lenders, they have absolutely no right to deduct from the borrower's RFP, there are several reasons for this:

• final expressions of will are made strictly within the framework of generalized conditions;
• the paper contains the size factor of the loan and the requirement associated with the provision of certain parts and equity elements from the RFP;
• the maximum rate that can be withheld is 70%.

Therefore, it turns out that the stage associated with the arrest of the employee's pay, acts solely as a coercive measure.

In order to provide her with an appropriate confrontation, it is necessary to deal with filing a counterclaim. So, we examined how much bailiffs have the right to withhold from salaries for a loan.

These values ​​are strictly regulated and are fixed by legislative norms and positions.

What are the disadvantages of this procedure?

If you study the general list of such debts, then the scheme is something like this.

1. The honorary first place goes directly to alimony payments. In this area, employees in the case have the right to deduct up to 70% of all income.
2. The second confident position is occupied by debts credit obligations. Their withdrawal is carried out only in the situation if the debtor receives a sufficient amount of income to repay.

If the creditor's client does not have enough funds on several sheets at the same time, then the debt is first secured by alimony, and then, depending on the funds remaining in the pay, in other areas (in our case, this is a loan).

Should know!

If, from a practical point of view, there is such a case when the place where the defendant performs his official duties, as many as two elements of documentation were received with a requirement to repay the debt, then the limit on the basis of the second sheet can be withheld only after payment in the first direction.

What part of the finance is subject to this process

Specialists working in the FS have the right to engage in the retention of certain shares. From their own lips, it was noted that the maximum limit is 50%, and no one has the right to put a higher rate, which is 70%.

The amount on the basis of which all kinds of penalties are withdrawn depends unequivocally on whether there will be a sufficient limit on the withdrawal of debt on a loan.

Thus, if the amount to be collected falls within a certain limit, it becomes possible to deduct amounts for all execution sheets.

Should know!

The indicator that takes the maximum value, Chief Accountant can recover from the amount received directly in hand, but only after deducting taxes.

What other actions can the specialist take?

How much can bailiffs deduct from their salary for a loan? The court of first instance adopts the corresponding verdict, which will be relevant at the time 1 month has passed.

Throughout this time, the plaintiff or defendant may appeal against the will issued by the judge. If there are no such statements, then the verdict under consideration becomes valid, and the defendant, in accordance with the norms of the law, is assigned the status of a debtor.

The writ of execution is subject to mandatory execution within the framework of the court, and then it is directly sent in order to start the process of enforcement proceedings.

On the basis of this type of documentation, an authorized employee can use the possibility of preparing an appropriate resolution, indicating the place of work of the defendant, his address of residence, as well as information related to the stage of adopting tactics.

Also at this stage, the percentage is determined, which is subject to mandatory subtraction. A notice is sent to the company where the borrower performs his official duties in the form of a registered letter.

The payroll process

According to Art. 98 part 3 of the Federal Law, part of the interest on the penalty may begin to be withheld from the moment (day) when the accountant received the relevant document from the claimant.

A person who works in the field of issuing wages to employees undertakes to withhold a certain amount in the next month, corresponding to the percentage that is specified within the framework of the law. After that, within three days, the money is transferred to the claimant.

If the organization works in such a way that it is possible to issue advance payments to employees, then about 50% can be recovered from these elements. If bonus payments are relevant at the enterprise, they can also be divided into 2 parts.

If a citizen falls under dismissal or is employed in another place, according to the current legislation, the sheet is transferred to the department to another employee who is engaged in the continuation of these actions.

These specialists should find out in time that a person is changing his place of work.

So, we examined in detail how many percent of the salary bailiffs can withhold for a loan, and what rights these specialists have. Knowing your rights ensures that you are not at risk of being scammed.

What should be the defendant's position?

Let's make a reservation right away that a citizen acting as a debtor must adopt a tactic that implies a disposition for long-term cooperation.

Based on the application paper, the borrower may be able to repay the obligation of his own free will.

This step will allow you to avoid more unpleasant procedures that interact with the inventory of property, the arrest of a bank account.

The practical side of the issue shows the fact that the withdrawal of a certain percentage of wages acts as the best option deal with the loan.

The debtor, by the way, even himself has the ability to independently apply to the accounting department, so that a percentage is taken from him on account of the debt.

Thus, we have considered what share of the income of the borrower (in the situation under consideration - the debtor) the creditor can count on, and in what order these parts are calculated.

The deduction process is simple and understandable if you follow it unquestioningly and follow the general rules.

Practice shows that it is best not to bring cases to court, but to voluntarily decide to allocate a share of the funds to the budget of the lender. This will allow you to “get out of the water clean” and get many privileges.