1. The question is this: I took out a loan for six months of 84,000 payments every 2 weeks for 10,000... unfortunately I have nothing to pay right now due to the fact that 5 years ago I stupidly took out a loan for a relative.. she refused to pay.. and now the bailiffs sent an executive sheet for work so that 50% of my earnings are deducted from my salary! Okay, I think I’ll still have to pay someday... but then another bailiff on this loan seized my cards and everything is written off to zero! I contacted the bailiffs, she told me to send a document from work confirming where the remaining 50% goes.. and I did everything as it should and the result was silence.. the arrest was not lifted.. I just live very far away and I can’t get to a personal appointment.. and V this moment call too! And now I’m paying off this loan, but now I can’t.. and especially since I took out 84,000 from a microfinance fund... call everywhere.. at work, friends and colleagues.. what can I do? At the moment I don’t even have a living...

Lawyer Matveev I.V., 1819 answers, 1008 reviews, on the site since 05/10/2010
1.1. Hello! Write a complaint about the actions (inaction) of the bailiff, you should be left with the size of the consumer basket on the card so that you can eat, pay utilities, etc. Write a complaint to the FSSP about the actions of collectors.

2. I have arrears for utilities, I am a mother with two children, the children attend kindergarten, got a temporary job, the bailiff seized the card account for 50% and sent a writ of execution for work, also for 50%. The total debt amounted to 27,500. I removed Orest from the card because I receive children. benefits, filed a lawsuit for installments of the debt for 12 months. After the trial, on September 20, 2019, she brought a decision to postpone the decision for 12 months bailiff to the executor, to which she told me that I have two writs of execution, one for 4,600 and the second debt balance of 16,544. I work for a month and quit my job; they withhold 9,995.50 from my salary and 4,123 from the calculation, assuring me that the extra money will be returned to the penny. More than two weeks have passed. I called the bailiffs endlessly to no avail. Yesterday we were eating when the bailiff called and said the money would not be returned because the boss came back from vacation and distributed the money towards the debt, they took 8500 from me extra money and they say that they will not return them to you. I don’t know what to do anymore, I’m just nervous. Tell me, can I sue the bailiffs for moral damages and in what amount can I sue for moral damages?

Lawyer Vasilyeva A.A., 1806 answers, 759 reviews, on the site from 10/29/2014
2.1. In this case, you need to file a lawsuit to declare the actions of the bailiff illegal and to recover the unjustified amounts withheld.

2.2. You may be able to recover over-withheld funds. Compensation moral damage You will not be able to collect.

3. Question: regarding the debtor for payment of transport tax tax office filed a claim in the court where the debtor previously lived. Accordingly, the debtor did not receive any decisions or notices about this. A year later, the bailiffs found (and he was not hiding) the debtor on the other side of the country, at his new place of residence. The bailiffs contacted him by email and demanded that he send an explanatory note and pay the debt, according to the court order. The debtor, at a loss - what debt, if before leaving for another place of residence, transport tax did you pay? Of course he wants to find out and accordingly the debtor demanded that the bailiff send him copies of the court decision and the writ of execution. But the bailiff replies that he does not have the right to expel, because the debtor must personally come to the place of his old residence and familiarize himself with these documents. Is the bailiff right? Thank you!

Lawyer Kriukhin N.V., 157614 answers, 69086 reviews, on the site from 07/14/2011
3.1. Hello.
The bailiff is right.
A copy of the court decision must be requested from the court that made the decision, and not from the bailiff.
A court order or default judgment can be vacated.

4. Question: the tax office filed a lawsuit against the debtor for payment of transport tax (and it is not yet known whether it filed it?), where the debtor previously lived. Accordingly, the debtor did not receive any decisions or notices about this. A year later, the bailiffs found (and he was not hiding) the debtor on the other side of the country, at his new place of residence. The bailiffs contacted him by email and demanded that he send an explanatory note and pay the debt, according to the court order. The debtor is perplexed - what kind of debt does he pay if he paid the transport tax before leaving for another place of residence? Of course he wants to find out and accordingly, the debtor demanded that the bailiff send him copies of the court decision and the writ of execution. But the bailiff replies that he does not have the right to expel, because the debtor must personally come to the place of his old residence and familiarize himself with these documents. Is the bailiff right? Thank you!

Lawyer Bogolyubov A. A., 19237 answers, 12726 reviews, on the site from 07/22/2017
4.1. Of course, he was wrong and the bailiff should have sent the writ of execution to the debtor’s place of residence.

Lawyer Guest_2597147, 699 answers, 490 reviews, on the site since 11/05/2014
4.2. The bailiff must transfer the case to the debtor's new place of residence.

4.3. No, I'm not right. The bailiff is obliged to send the debtor a resolution to initiate enforcement proceedings and other documents, and, upon request, a judicial act on the basis of which the IP was initiated.

Lawyer Romanova A.V., 9 answers, 5 reviews, on the site from 10/09/2019
4.4. Good day!
First.
According to clause 17 of article 30 of Federal Law No. 229 "On enforcement proceedings", from the moment of initiation of enforcement proceedings, a copy of the resolution on initiation of enforcement proceedings is sent, among other things, to the debtor at the debtor’s residential address indicated in the application. They DO NOT HAVE THE RIGHT to provide you with an executive document, much less send it by mail, since this document is available to them in only one copy. Upon application, they can issue a COPY of this document. In this case, the bailiff is right, and it is not possible for him to make sure that you are really a party to the enforcement proceedings. Without this, he most likely will not send a copy confidential document.
Second.
If you really have a court document, then:
1. You can obtain a copy of this document from the court where the claim was heard. You can also obtain this information from the bailiff.
2. In 90% of cases, this is a court order (hereinafter referred to as a court order), and if this is the case, then you have a huge chance to cancel it. To do this, you need to find out where this court order was issued (in which court) and file a statement of claim there objecting to the joint venture and its cancellation. The basis for this may be the fact that you were not properly notified of the time and place of the court hearing.
Good luck!

Also, keep in mind that today there are many ways in which you can legally get rid of loan obligations or at least make it impossible to collect the debt under the loan agreement. These include termination loan agreement, recognition of the transaction as invalid, challenging the terms of the contract as contrary to the law (Article 168 of the Civil Code of the Russian Federation), recognition of the transaction as enslaving (clause 3 of Article 179 of the Civil Code of the Russian Federation), bankruptcy individuals and the end of enforcement proceedings on the grounds of Art. 46 of the Federal Law “On Enforcement Proceedings”. To understand your situation directly, you need to see documents that can be sent electronically.

Sincerely, financial lawyer – Stepanov Vadim Igorevich.

16. Will the bailiffs be able to send a writ of execution if I voluntarily pay the debt in installments?

Lawyer Deysling T. A., 6713 answers, 2491 reviews, on the site since 08/22/2015
16.1. Perhaps they will answer you if you describe your situation in more detail. This is a site for lawyers, not fortune tellers.

Lawyer Prokhorko T.N., 1323 answers, 878 reviews, on the site from 02/08/2018
16.2. Good afternoon
Your question is not very clear? Who should I send it to?

Federal Law “On Enforcement Proceedings”, N 229-FZ | Art 99

Article 99. Amount of deduction from wages and other income of the debtor and the procedure for calculating it [Law “On Enforcement Proceedings”] [Chapter 11] [Article 99] 1. The amount of deduction from wages and other income of the debtor, including from remuneration to the authors of the results of intellectual activity, is calculated from the amount remaining after taxes are withheld. 2. When executing an executive document (several executive documents), no more than fifty percent of wages and other income may be withheld from a debtor-citizen. Withholdings are made until the requirements contained in the executive document are fulfilled in full. 3. The limitation on the amount of deduction from wages and other income of a debtor-citizen, established by part 2 of this article, does not apply when collecting alimony for minor children, compensation for harm caused to health, compensation for harm in connection with the death of a breadwinner and compensation for damage caused by a crime. In these cases, the amount of deduction from wages and other income of the debtor-citizen cannot exceed seventy percent. 4. Limitations on the amount of deduction from wages and other income of a debtor-citizen, established by parts 1 - 3 of this article, do not apply when foreclosure is applied to funds located in the accounts of the debtor, to which the employer credits wages, with the exception of the amount of the last periodic payment.

All the best. Did my answer help you!?

23. A writ of execution was sent to the bailiff for the debt for the apartment. They withdraw 40%, they have a minor child in their arms, there is no other income. Is it possible to reduce it to 30%?

Lawyer Tom A.V., 21,790 answers, 10,637 reviews, on the site since 11/02/2016
23.1. Hello, in your situation, yes, this is possible in court.

24. I had the following question: today they sent me a letter from the department forced collection OOO KEF. That they will come to the home to describe the property. I have a debt to my bank. Previously, there was a court case based on a writ of execution; the bailiffs withheld interest from my salary before I divorced my wife; now they are withholding 70 percent of my alimony; the bailiffs have closed the collections. Now this service has started writing to me. Do they have the right to make an inventory of property? Thank you in advance.

Lawyer Gaponov N.O., 516 answers, 273 reviews, on the site since 02/12/2013
24.1. Dont Have. Only bailiffs can seize property and carry out its forced sale.

Lawyer Vasina T.B., 14511 answers, 4676 reviews, on the site since 12/10/2010
24.2. No, they don’t - this requires a court decision; when the court accepts it, you have the right to participate and express your opinion on the issue being resolved; when the decision comes into force, a writ of execution is issued based on it and only the bailiff service works with it - they are guided by the Federal Law “On Enforcement Proceedings”: and they have the right to come to you and make an inventory of the property that can be sold to pay off the debt. ..

Can I sue the bailiff for incorrect actions in connection with the seizure of the card. They sent a writ of execution to work, the employer transfers it to the court. Bailiffs receive half their wages and half their wages on the card. And the card is in the red; as a result, I have no income and have two underage children. Can I go to court to write a statement? Read answers (1)

25. The bailiffs sent a Resolution to initiate an IP, which indicates a document based on the Writ of Execution No. Help me find the case itself?

Lawyer Karavaitseva E.A., 57763 answers, 27411 reviews, on the site from 03/01/2012
25.1. Contact any lawyer in private messages. Please provide the case number. A lawyer will help you find what the case is about, the type and amount of recovery.

Lawyer Kazakova I.V., 17366 answers, 6218 reviews, on the site since November 18, 2013
25.2. On the court's website, which is indicated in the Resolution on the initiation of an individual entrepreneur, in the "Court proceedings" section, look for the last name. The form is simple. If you can’t find it, send a personal message to your chosen lawyer and he’ll take a look.

26. I have a debt to the bailiffs for a loan, they sent me a writ of execution at work, with a deduction of 50%, I have two minor children, I am married, can I reduce it to 30%?

Lawyer Fetisenko E. A., 294 answers, 217 reviews, on the site from 04/08/2019
26.1. Hello.
You can apply to the court for an installment plan to enforce the court decision.

27. If the bailiffs have a writ of execution and I have written a wanted notice, the bailiff must send me a document stating that he is wanted.

Lawyer E. T. Yartseva, 529 answers, 251 reviews, on the site from 06/27/2019
27.1. Good afternoon
No, you don’t have to send the document
But you have the right to request it yourself upon application from a bailiff or through the office.

28. The bailiffs sent my husband 2 writs of execution to work and the accounting department transferred part of the salary to them, although the bailiff knew that the court had made a positive decision on the installment payment of our debt under the writs of execution. Can my husband demand a refund? Money from SSP?

Lawyer Shemyakin D.V., 5798 answers, 3922 reviews, on the site from 03/05/2018
28.1. The ruling on granting installment plans also does not immediately come into force. If there is evidence that the bailiff sent a deduction order after the court ruling came into force, you have the right to demand a refund.

Sergey Yuny Barmaleikin, 15880 replies, 855 reviews, on the site since 10/25/2011
28.2. To suspend the individual entrepreneur, you were required to send an application under Art. 64.1. Federal Law "On Enforcement Proceedings" with a copy attached to it court order on the provision of installment plans for debt repayment. Without this document, the bailiff will continue to enforce the court decision to collect the debt.
The employer is obliged to comply with the bailiff's orders and it is easier for him to withhold and transfer than to receive punishment.
Perhaps the bailiff has not yet transferred the collected money to the collectors, if the Resolutions indicate to the employer to transfer the money to the OSP deposit account.

29. The bailiffs sent a writ of execution to work after a year of the court decision, the debt was 45 when the decision came, the debt was already 30 thousand, in fact I paid the debt, and according to the decision another 9 thousand, how to cancel the decision.

Lawyer Ignatyuk L.A., 399 answers, 253 reviews, on the site from 02/26/2019
29.1. Hello.
You need to submit an application to the bailiff, attach documents confirming your payment. The bailiff will cancel the decision.
Do not forget that if you do not repay the debt within the period established for voluntary execution, then you are required to pay an enforcement fee of 7% of the debt amount. To collect the fee, the bailiff also writes a resolution.

30. I am a guarantor for a loan from a friend. The loan was taken a long time ago. She practically did not pay it. The bank sued. The amount is collected from everyone jointly and severally. The IP in relation to her sister is over, she does not work and has no property. Nothing for the main borrower either, although she works officially. And they sent me a writ of execution at work. We figured it out here. She returns the amount withheld to me. Now I quit my job and am working. How will the action take place? Can they send IL to work for the main borrower? Or am I obliged to provide them with information about my new job? The debtor does not refuse to pay, he provides receipts to the bailiff monthly, and those that are written off from me. How to proceed? Should I inform the bailiff that I am quitting?

Lawyer Panfilov A.F., 50202 answers, 24690 reviews, on the site from 09/20/2013
30.1. Article 98. Foreclosure of wages and other income of a debtor-citizen
5. The debtor-citizen is obliged to immediately inform the bailiff and (or) the collector about the new place of work, study, place of receipt of pension and other income.

Dear readers, our colleague anti-collector and blogger Dmitry Guryev () and I continue to discuss various topics related to debt obligations. Let's look at a topic that worries many " Performance list for the debtor's work." How will the employer react? How much money will be withheld from our salary? Are bailiffs required to close enforcement proceedings? Let's figure it out together.

Hello Dmitry. One of the recovery measures is the sending of a writ of execution by FSSP employees to the debtor’s work. The basis for this is Federal Law 229. Many will be interested in what exactly is written on this sheet, is the exact amount of the write-off indicated? Should accountants notify management, since most people don’t want to involve their bosses in their problems?

Hello.

Yes, of course, one of the enforcement actions according to the law you cited is sending a writ of execution to the debtor’s place of work.

The bailiff, having established the debtor’s place of work, sends a writ of execution to his place of work. This usually takes the form of a resolution. That is, the bailiff issues a procedural document called a resolution. This is the document the bailiff sends to the debtor.

What is the recovery amount?

That is, the bailiff does not bring out paper, but a procedural document. It should certainly contain lump sum which must be collected from the debtor’s salary?

No! This resolution does not indicate the exact amount, since the bailiff does not know what salary the debtor will receive in the future. Therefore, the resolution refers to percentages.

What are the recovery rates?

What interest rate are we talking about?

As practice shows, the bailiff first imposes the maximum possible amount of deduction - this is 50% of all types of earnings.

How will they react to the writ of execution at work?

Well, he sent the bailiff to work for the debtor. What's next? Will the boss find out about him?

Yes, sure! When a bailiff’s order is received at work, this document goes to the boss’s desk, who writes this document for execution to the accounting department (or financial department). And there, when calculating wages, the accountant executes the bailiff’s resolution and withholds the percentage specified in the resolution from the debtor’s wages.

That is, in fact, the writ of execution for work carries a big disadvantage. Is not it?

It should be noted that there are more advantages to this procedure than disadvantages. The advantages include:

1. You don’t have to constantly take time off from work to pay your obligations. As you know, employers do not really like those who constantly take time off from work in order to resolve some personal issues.
2. No need to wait in crazy lines. If you come to the Bank, there will be a queue; if you go to the bailiffs, there will also be a queue.

So imagine the situation: you asked to take 1 hour off, but only spent an hour and a half to two hours in line. The boss will definitely not be happy with this state of affairs.

1. There is no need to pay commissions when transferring funds. If you pay through a bank, some banks charge these fees, which increases the financial burden on the debtor’s shoulders.
2. There is no need to look for money by a certain date or date. Now you dictate the rules. We received our salary as we received it and paid it. It doesn’t hurt your head that the payment must be made by the 20th, and the salary is only 25 – where can you get the money to cover this hole.

With all these advantages, there is only one drawback - your salary becomes 50% less (initially).

Reducing the interest rate under a writ of execution

This is the second time you have said that at first (initially) 50%. And what is secondary interest rate?

As such, there is no secondary rate. It’s just that this amount of withholding can be reduced, and this can be done as easily as, say, canceling a court order.

And it turns out that with all the advantages there is one small drawback - smaller size your salary by 20-17%. That is, if you received 10 thousand rubles, now you will receive not 10 thousand rubles, but only 8 thousand rubles.

Essential? I also think that the advantages outweigh this disadvantage.

Can they be fired from work for a writ of execution?

Yes, you are talking about the positives. But you know - the human factor: the debtor trembles before being fired - should he be afraid?

It should be noted that borrowers and debtors experience fear of dismissal. Let's start with the fact that, according to the Labor Code of the Russian Federation, there are no grounds for dismissal - failure to pay one's obligations. Therefore, you cannot be fired with such a clause.

In addition, if you properly fulfill your obligations under the contract, no one will fire you. The employer doesn’t care at all who you owe or how much you owe. He does not pay this money from his own pocket - this money is yours.

But if you look at it, our whole country is in debt: some have alimony, some have an accident and payments to the insurance company for road accidents, some have non-payments for housing and communal services, some cannot cope with loans.

So don't worry about it.

Who can send a writ of execution to work?

But I wonder if only a bailiff can send a writ of execution to a debtor’s work? Or can the lender personally do the same? What about the debtor?

The creditor can himself send a writ of execution to the debtor’s place of work! Everything is exactly the same as with bailiffs. Only instead of the bailiff’s order, the original writ of execution is sent to the debtor’s place of work. And a statement from the creditor is written, in which the creditor asks to collect a certain percentage.

In addition, the debtor can personally write an application to withhold a certain amount of money from his salary. To do this, just contact the accounting department of your organization and write a corresponding application.

In this case, there will be a voluntary recovery - which will stop the negative consequences of enforcement proceedings - seizure of property, restrictions on travel, and so on.

Practice on executive documents

For example, if the bailiffs arrest salary card debtor through the bank, they write off the entire amount in full, and not 50% as they should. Until you write a corresponding statement, this will continue. What happens in practice with a writ of execution?

When a debtor's salary card is seized, the debtor's account is seized, on which it is not written that it is a salary card.

The writ of execution is sent to the place of work - the creditor has the right to demand 50% of the salary. After all, this is not an account on which it is not written that it is a salary account and you can play for the “fool”, they say they didn’t know, this is the debtor’s salary - here everyone knows the principles that everything cannot be taken away from the debtor.

As soon as the debtor's salary begins to flow into the bailiffs' accounts, should they stop enforcement proceedings? Are all bans lifted? And what happens if the debtor quits?

Clause 8 of Art. tells us about this. 47 of the Federal Law “On Enforcement Proceedings”, according to which it follows that when the sheet is sent to the organization to withhold periodic payments, the enforcement proceedings end.

However, in practice, bailiffs do not finish proceedings until they are confronted with an article of the relevant law. And then they begin to say that, according to some kind of instruction, it follows that termination is possible only on alimony obligations.

However, the law does not say a word about under what obligations this is possible. The law says that enforcement proceedings end.

What to do if enforcement proceedings are not completed?

So what should you do: according to the law, they should finish the production, but they don’t? What is your advice?

Demand - write a petition, if it is not satisfied - remember - you can appeal the actions of the bailiffs in court.

What happens to the writ of execution after the debtor is dismissed?

What happens to the writ of execution when the debtor is dismissed from his place of work?

When a debtor is dismissed from work, the accountant makes a calculation in which he indicates how much the debtor was accrued for the period of work with the writ of execution and how much was withheld.

Confirms this information numbers of the corresponding payment orders.

Draws up a certificate and sends it with a covering letter this certificate I'll send you back. Upon receipt of such documents, the bailiff resumes enforcement proceedings and begins to carry out further enforcement actions.

Parting words from Dmitry Guryev

What advice do you have for debtors on this issue? Your parting words!

By the way, one free piece of advice. When dismissing a debtor, I advise debtors to join the labor exchange. In this case, you will not be able to be accused of evading the execution of a court decision (and if the amount of debt is over 1,500,000 rubles, this is criminal liability), and the bailiff will also send you to an organization to withhold periodic payments - i.e. to the labor exchange - after all, you you get benefits there.

Consequently, you will look for work, and you will receive money, although small, and the debt will be paid, and production will be completed.

​Initiation of enforcement proceedings on a loan (IP) means that the bank has applied to the court with a demand for recovery credit debt, and the court, in turn, decided to satisfy the claim. Judgment may take the form of a court order (simplified form) or a decision. In the first case, the order is also an executive document. In the second case, to initiate an IP, in addition to the decision, a writ of execution issued by the court that made the decision on recovery is required. Today we will talk about what to do if enforcement proceedings have been initiated on a loan.

Issues of interaction with bailiffs

Bailiffs have a wide range of powers to take measures to enforce debt collection. However, as a rule, the defendant is given some time to voluntarily repay the debt, often slightly exceeding the period established by law. In any case, if an IP has already been initiated, you can proceed as follows:

1. Come to the bailiff in charge of the case and discuss the current situation. This is a more effective option than starting a correspondence or avoiding contact altogether. When you visit the bailiff, most likely, you will be required to explain the circumstances of the case and your readiness/unwillingness to voluntarily repay the debt. From the bailiff you can obtain the necessary explanations, an explanation of rights and obligations, as well as a copy of the resolution on the initiation of an individual entrepreneur - FSSP employees are required to provide all this.
2. If it is not possible to immediately repay the debt, you should prepare yourself for a constructive dialogue with the bailiff and decide on the issue of granting a deferment or installment plan for repaying the debt.
3. To obtain an installment plan/deferment, you must contact the court that made the decision on the case with a corresponding application. Going to court in itself may give you some time to resolve financial difficulties. Usually the courts agree to satisfy the debtors' requests if the latter present convincing evidence of the difficult situation. financial situation, the presence of temporary financial difficulties and similar situations that do not allow repaying the entire debt at once. A good result of going to court can be a deferment or installment plan set for 6-12 months. True, much depends on the amount of debt and the persuasiveness of the arguments. If you want to get an installment plan, you need to think through the payment scheme and its rationale in advance. To obtain a deferment, it is advisable to prepare convincing arguments in favor of the fact that after a certain period of time you will be able to repay the debt in full.

What to do if the bailiffs have started forcible collection

If the bailiffs have begun active efforts to collect the debt, it is necessary to proceed from the exact measures they took. But anyway the debtor has the right:

1. Submit petitions to the bailiff, make statements asking to suspend or terminate the application of a certain penalty measure, to ensure its execution or to limit the rights of the debtor.
2. File complaints about the actions (inaction), decisions of the bailiff to his management or to a higher authority.
3. Appeal (challenge) the actions (inactions) and decisions of the bailiff in court.

Of course, if the actions of the bailiffs are legal, it is impossible to change anything. It is necessary to be prepared in advance for the fact that property and funds, including bank accounts, will be seized. Bailiffs can restrict travel abroad, temporarily deprive a driver’s license, and take measures to withhold part of the funds to pay off the debt from the salary. In fact, only those who do not have property that could be seized or who receive unofficial income will not feel any special changes in their lives.

If enforcement proceedings have been initiated against you regarding a loan, and you do not know what to do in this situation in order to get out of it with minimal losses, then our online duty lawyer is ready to advise you for free. You can describe your situation and ask a question in the form below.

The enforcement documents on the basis of which the employer is obliged to make deductions from employees' wages are, by law, the following: writs of execution issued on the basis of judicial acts; court orders; notarized agreements on the payment of alimony or their notarized copies (Article 12 Federal Law dated 02.10.2007 No. 229-FZ (hereinafter referred to as Law No. 229-FZ)). Let's consider how writs of execution are received by an organization and what it should do when a writ of execution arrives, including after the dismissal of an employee and in the event of reorganization.

The writ of execution has a specially approved form (approved by the resolution of the Government of the Russian Federation dated July 31, 2008 No. 579).

A writ of execution can be received by an organization in two ways.

The first is the most common: first, the writ of execution is presented by the claimant to the structural unit of the territorial body of the FSSP of Russia, where the bailiff makes a decision to initiate enforcement proceedings, establishes the debtor’s place of work and makes a decision to foreclose on wages and other income of the debtor.

• a copy of the executive document on the basis of which enforcement proceedings were initiated;
• a resolution to foreclose on wages and other income of the debtor;
• a copy of the resolution on the collection of an enforcement fee for non-payment of periodic payments (if such a resolution was made as part of enforcement proceedings);
• a copy of the resolution on the collection of an administrative fine and costs for carrying out enforcement actions (if such decisions were made within the framework of enforcement proceedings);
• a memo for managers and accountants of organizations (enterprises) on the issues of withholding and transferring funds under executive documents (Appendix No. 1 to the Recommendations).

The second method is less common: the claimant can send a writ of execution directly to the organization or other person paying wages to the debtor, bypassing the FSSP of Russia. Simultaneously with the writ of execution, a statement is submitted indicating: details of the bank account to which funds should be transferred, or the address to which funds should be transferred; last name, first name, patronymic, details of the identity document of the claimant-citizen (Part 1 of Article 9 of Law No. 229-FZ).

From the date of receipt of the writ of execution from the claimant or bailiff, the employer is obliged to withhold funds from the wages and other income of the debtor in accordance with the requirements contained in the writ of execution. Within three days from the date of payment of income, he is obliged to transfer (or pay) the withheld funds to the claimant. Transfer and transfer of funds are made at the expense of the debtor (Part 3 of Article 98 of Law No. 229-FZ).

The writ of execution arrived after the dismissal of the employee or in the event of reorganization

When a writ of execution is received by an organization in which the employee no longer works and no payments are made to him, the employer must return the writ of execution to free form explaining the reason for the return (since he is not the person paying wages or other income to the debtor).

After the dismissal of a debtor employee, the employer is obliged to return the writ of execution to the bailiff or the claimant (Part 4, Article 98 of Law No. 229-FZ; Clause 1, Article 111 of the RF IC). If an employee is paid any amounts related to his work activity after dismissal (for example, accrued and paid annual bonus), then the employer should make deductions from them, notifying the person to whom the writ of execution was returned.

Since the liquidation of an employer-organization (or loss of status by an employer-citizen individual entrepreneur) is grounds for termination employment contracts with employees, after dismissing an employee on this basis, the employer should act in the same way.

In the case of reorganization of the employer, it should be borne in mind that since the reorganization of the employing organization does not automatically change the labor relations with its employees (Article 75 of the Labor Code of the Russian Federation), after completion of the reorganization the employer must continue to deduct from this employee despite the change of its name. Although the law does not provide for a direct obligation of the person making payments to the debtor to notify the creditor or bailiff about his reorganization, the employer can be recommended to do this, and in writing.

Olga Volkova

Anna Mazukhina, expert of the Legal Consulting Service GARANT

A writ of execution has arrived: what to do next?

The first is the most common: first, the writ of execution is presented by the claimant to the structural unit of the territorial body of the FSSP of Russia, where the bailiff makes a decision to initiate enforcement proceedings, establishes the debtor’s place of work and makes a decision to foreclose on wages and other income of the debtor. The bailiff sends the following documents to the organization at the place of receipt of income (Section IV of the Methodological Recommendations on the procedure for fulfilling the requirements of enforcement documents on the collection of alimony.

How to return a writ of execution to the bailiffs

98 of the Federal Law of 02.10.07 No. 229-FZ, Art. 192 Civil Code, clause 1 art.

111 of the Family Code). Together with the information letter, the administration of the enterprise, which withheld alimony based on a court decision, must return the writ of execution to the bailiffs.

Reinstatement of an illegally dismissed employee

36 of the Federal Law of October 2, 2007 N 229-FZ “On Enforcement Proceedings”, hereinafter referred to as Law N 229-FZ). Reinstatement is considered to be actually completed if the employee is allowed to perform his previous job duties, and the employer cancels the order (instruction) on dismissal (Part.

Alimony in - questions and - answers

Deductions according to writ of execution

According to Article 98 of Law No. 229-FZ (Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings”, hereinafter referred to as Law No. 229-FZ), the employing organization must make deductions on the writ of execution from the date of its receipt. Only after this does she have a corresponding responsibility.

Alimony upon dismissal

Within three days from the moment the employee was fired, the organization is obliged to: Report this fact to the bailiff service at the place of residence of the alimony recipient and the place of registration of the company, if the deductions were made on the basis of a court decision or court order.

Send the properly completed writ of execution to the bailiffs.

Inform the bailiff service about the employee’s new place of work and residence, if such information is available at the enterprise. When carrying out these procedures, within the framework of Article 111 of the Family Code of the Russian Federation, the accounting department must enter the following data in the executive document: on the amounts withheld from the parent’s income; about the period of time for which alimony was calculated; on the amounts of outstanding indexation and debt. At the same time, it is necessary to take into account that failure to comply with these legal requirements on the part of the enterprise or its individual employees may entail administrative liability for specific employees in the form of a fine.

Alimony: calculation and payment

But under all these circumstances, the amount of alimony per child cannot be less than the tax-free minimum income of citizens (today it is 17 UAH). This is slightly more than the previously established minimum amount of alimony (not less than 0.5 of the tax-free minimum).

A writ of execution has arrived for the dismissed employee

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If the debtor's new place of work is unknown, bailiff takes measures for the further execution of the writ of execution in accordance with the provisions provided for in this Instruction. from whom alimony was withheld, a fine is provided: from the company they can recover from 3 to 5 thousand rubles, and from the director - from 300 to 500 rubles (Article

19.7 Code of Administrative Offenses of the Russian Federation). It is advisable to attach a copy of the order to dismiss the alimony worker to the notice and send it by registered mail with a list of the contents and a receipt confirmation.

What to do if a writ of execution has been sent to work

An employee's debt to the organization can be collected only after deduction of amounts under writs of execution, observing the limit of 20%. For example, if, according to documents, 30% should be withheld from you in the current month, then they have no right to collect the debt from you to the organization this month.

This is exactly the situation with the payment of alimony.

The amount of child support for one child is ¼ of income, for two - ⅓ of income, for three or more children - half of earnings.

Writ of execution after dismissal of an employee

On the basis of the executive order, the organization’s administration withheld monthly alimony from the employee’s income.

An employee of the organization was fired due to staff reduction. What to do with a writ of execution?

The writ of execution can be received by the organization from a bailiff (usually by mail) or from the claimant himself (for example, from the ex-wife of an employee with a demand to pay alimony).

Notify the employee of the receipt of the writ of execution.

This will be proof that the organization received the writ of execution and began to withhold the amounts specified in it.

Such clarifications are contained in paragraph I of Appendix No. 1 to Methodical instructions FSSP of Russia dated June 19, 2012

No. 01-16. After the organization has withheld all the amounts indicated in the sheet (or at the end of the period during which it was necessary to make deductions), this document must be returned to the bailiff (for example, sent by mail).

At the same time, on reverse side of the writ of execution, write down what amount the organization withheld and transferred to the collector, as well as the balance of the debt.

In relation to alimony, such a period is established by Article 111 of the Family Code of the Russian Federation.

For other deductions, the law does not establish a specific period. However, in part 4 of article 98 of the Law of October 2, 2007

The executive document was sent to you by the bailiffs, so when dismissing an employee, you must return the sheet in the form it was received to you by the bailiffs.

attach to the sheet covering letter, in which you indicate the full name of the employee for whom the sheet was issued, from what date to what date he worked for you, what monthly deductions were made according to Spanish. sheet during his work and, if you know, indicate the place of his future work

A writ of execution has arrived for the dismissed employee

A writ of execution has arrived: what to do next? The enforcement documents on the basis of which the employer is obliged to make deductions from employees' wages are, by law, the following: writs of execution issued on the basis of judicial acts; court orders; notarized agreements on the payment of alimony or their notarized copies (Art.

In this case, the writ of execution will be immediately sent to the department at the defendant’s place of work. After the trial, you can take it there yourself, but it is better to send it by mail in a valuable letter with an inventory of the contents.

The morning after judgment day According to Art.

Let's consider the practical aspects of deduction based on writs of execution.

The writ of execution, according to which the organization withholds the employee’s income, indicates the amount of such deductions (as a percentage of earnings) and the date from which they must be made. Deductions on “late” sheets The organization may receive a writ of execution later than the start date of deductions indicated in it.

Alimony upon dismissal If an enterprise dismisses an employee from whose income alimony was withheld, the administration must take several mandatory steps provided for by the Federal Law “On Enforcement Proceedings” and the Family Code of the Russian Federation. In addition, it is extremely important for the company’s accounting department to correctly determine the amounts from which to deduct in the final settlement with its employee.

When dismissing the alimony worker, do not forget about the writ of execution

In general terms, the dismissal procedure is the same as for everyone

An employee who decides to resign must notify the employer in advance of his decision. In most cases, there is a two-week notice period for the employer (Part 1, Clause 3, Article 77, Part 1, Article 80 of the Labor Code of the Russian Federation). Moreover, we are talking specifically about 14 calendar days, not working days. The expiration date begins the next day after submitting a resignation letter addressed to the head of the organization (for more information, see “If you resign at your own request, you need to work for 2 weeks”).

IN general case When dismissing an employee on his initiative, you must adhere to the following algorithm:

• writing a letter of resignation of your own free will;
• issuance of a dismissal order (according to the unified form No. T-8, approved by the State Statistics Committee of Russia dated 01/05/2004 No. 1 or according to a form developed independently);
• closing a personal card (section XI of the unified form No. T-2);
• familiarization of the employee with the dismissal order and entry in personal card for painting;
• making an entry about voluntary dismissal in the employee’s work book;
• final settlement with the employee;
• issuance of a work book and other documents issued upon dismissal.

We inform the bailiffs

When dismissing employees for whom a writ of execution has been received, including alimony payers, there is another mandatory procedure. This is a notice of the fact of dismissal of interested persons. These include bailiffs and the debt collector (for more information on this, see “Dismissal of the alimony worker 2017: we act without delay”).

The dismissal of the alimony provider must be reported in writing. The current legislation does not establish a uniform form for such documents, so the message can be prepared in any form and sent by mail within 3 days after the employee’s dismissal (for more information, see “Preparing a message about the dismissal of an alimony worker (sample)”).

In addition to the notice of dismissal, the bailiff and the recipient of alimony must be returned the writ of execution (Clause 1 of Article 111 of the Family Code of the Russian Federation, Part 4 of Article 98 of Federal Law No. 229-FZ). On the reverse side of the writ of execution, a note should be made about the deductions made. In particular, you need to indicate:

• total amount of deductions;
• the amount withheld at the time of dismissal of the employee;
• numbers of payment orders;
• dates of transfers;
• balance of debt.

If you find an error, please highlight a piece of text and click Ctrl+Enter.

1. The husband received a writ of execution for electricity, and a small child lives in the house, the husband works alone.

Lawyer Kukovyakin V.N., 10325 answers, 6739 reviews, on the site from 11/16/2017
1.1. Hello, Zulfiya!
Please clarify what exactly is your question?

Lawyer Zotov V.I., 36842 answers, 15126 reviews, on the site from 07/11/2009
1.2. Hello, dear Zulfiya!
Owners of apartments and private houses are obliged, in accordance with Articles 30, 153-155 of the Housing Code of the Russian Federation, to pay for public utilities, incl. for the supply of electricity.
If minor children live in apartments and private houses, then their parents are required to pay for their utilities in accordance with Articles 60 and 80 of the Family Code of the Russian Federation.
So, the bailiff will withhold this debt from the defendant husband on the basis of Article 99 of Federal Law No. 229-FZ “On Enforcement Proceedings” from his salary or other income up to 50% monthly.
Good luck to you.

2. My husband received a writ of execution, we cannot pay that amount right away, my husband works alone and we also have a small child, our power was turned off for 3 days without power. Please tell me what should we do? Thank you.

Lawyer Kolkovsky Yu.V., 100689 answers, 46980 reviews, on the site from 07/05/2015
2.1. Write an application, ask for an installment plan.

3. The bailiff seized the salary card, I paid everything on 10/20. writ of execution came to work on 10.09. Accordingly, the wages on 10.10 were again sent to the bailiff, why didn’t he cancel the writ of execution?

Lawyer Lagutkina Yu. V., 924 answers, 618 reviews, on the site from 02/24/2019
3.1. Good morning, You need to write a complaint against the actions of the bailiff, or an application for the return of amounts. Although it is quite possible that the bailiff himself will transfer to your account, such cases are regular.

Lawyer T. N. Kudaev, 19 answers, 12 reviews, on the site from 11/11/2016
3.2. Hello. Unfortunately, the bailiff service does not work as quickly and conscientiously as we would like. You need to go to the bailiff with documents confirming full payment, show them so that the bailiff closes the proceedings and sends a notification to the bank. You can take this notice yourself and take it to the bank to save time. It is possible that in addition to the amount of the principal debt, you will also be charged an enforcement fee (7% of the amount). In any case, go to the bailiff, everything will fall into place there.

Lawyer Sidelnikova N. I., 135 responses, 135 reviews, online since 04/13/2018
3.3. Good afternoon Unfortunately, this happens, bailiffs are loaded. It may have turned out that the enforcement proceedings were terminated, but the bailiff did not notify the employer. Go to the FSSP website and check your enforcement proceedings or call the bailiff. The most reliable option is to go to the bailiff, get a decree on canceling the foreclosure from him and take him to work.
To return the overpaid money, contact the bailiff with a request for a refund.

4. The husband works at the Norilsk Nickel company, annually the spouse is paid compensation for dental prosthetics in the amount of 40 thousand, in September the spouse received a salary accrual of 88 thousand plus compensation of 40 thousand for teeth, in September the spouse received a writ of execution for non-payment of a loan in the amount of 270 thousand , the accountant withheld 76 thousand from her husband’s salary, the husband’s salary received only 38 thousand. Did the accountant withhold money from compensation for dentures?

Lawyer Moiseev V.N., 50590 responses, 19831 responses, online since 07/10/2009
4.1. Dear Marina, Abakan!
If in payslip When paying wages, compensation for dental prosthetics is allocated for a specific purpose, then in this case, the amount of compensation for dental prosthetics should NOT be withheld.
Therefore, I recommend that you challenge these actions of the accountant.

Good luck to you Vladimir Nikolaevich
Ufa 10.10.2019

Lawyer Kozlov S. S., 2577 responses, 1447 reviews, online since 05/02/2019
16.3. Hello! Sure you can. To do this, you need to submit to the bailiffs a notarized agreement on the payment of alimony. If you have any problems, please contact any lawyer on the site. We will solve it for a modest fee.

Lawyer I. P. Fadeev, 6147 answers, 3752 reviews, on the site since 10/15/2018
22.3. Hello, you have the right to file an application for the cancellation of a court order, in which you state a petition for the restoration of the missed period, in connection with living for a long time at a different address, which made it impossible to obtain a court order and appeal it in a timely manner, attach a document confirming registration to the application at your last residential address.
This will be enough for the court to restore the missed deadline and cancel the court order (Article 129 of the Civil Code of the Russian Federation).

Lawyer Soldat S.V., 3997 answers, 2687 reviews, on the site from 01/22/2018
22.4. Hello Margarita! To cancel a court order that has entered into force, it is necessary to send to the court that issued the order a petition to restore the deadline for filing an objection regarding the execution of the court order and an objection regarding the execution of the order. The petition can refer to a violation of the rules for the provision of postal services, as well as indicate the reasons why the judge had no reason to issue an order, there are many of them. Then the order will be cancelled.

After the court order is canceled, you can send an application to the court to reverse the execution of the court order to return the funds withheld from you.

23. In 2009, the wife, due to the loss of the alimony case, restored the writ of execution. And she told the bailiffs that from 2002 to 2009 she did not receive alimony. The bailiff calculated the amount of the debt at 62,000 rubles. Exec. Leaf came to work, I paid off this debt. The ex-wife lied to the bailiff that she did not receive alimony during that period. In 2019, when the child was already 18 years old, the wife demanded the bailiff to make calculations for child support for all years. And it turned out that in the period from 2002 to 2009 the overpayment was 40,000 rubles, and for 2013 the debt was 43,000. That is, it turns out that today I owe her 3,000 rubles. Will this overpayment be taken into account? The overpayment arose due to my wife’s lies that she allegedly did not receive alimony, but in fact I have evidence that she did.

Lawyer Kalashnikov V.V., 188671 responses, 61686 reviews, online since 09/20/2013
23.1. It is not clear why you did not declare this and did not provide your calculations.
This may be considered simply a voluntary payment and by virtue of Art. 116 of the RF IC to refuse credit or return.

Lawyer Karavaitseva E.A., 57763 answers, 27411 reviews, on the site from 03/01/2012
23.2. If you have evidence that your wife received alimony, you will need to obtain a decree from the bailiff on the calculation of alimony arrears and appeal it in court.

Family code Russian Federation" dated December 29, 1995 N 223-FZ (as amended on May 29, 2019)
. Inadmissibility of offset and reverse collection of alimony

3. If the actions listed in paragraph 2 of this article are committed by a representative of a minor child or an adult legally incompetent recipient of alimony, the reverse collection of alimony is not carried out, and the amounts of paid alimony are recovered from the guilty representative at the claim of the person obliged to pay alimony.

Lawyer Shabanov N.Yu., 20164 answers, 9651 reviews, on the site from 03.23.2017
23.4. Hello, in general, the offset and return of overpaid alimony is not provided for by law, this is indicated. Inadmissibility of offset and reverse collection of alimony
1. Alimony cannot be offset by other counterclaims.
2. The amounts of alimony paid out cannot be claimed back, except in the following cases:
cancellation of a court decision on the recovery of alimony in connection with the communication of false information by the recipient of the alimony or in connection with the submission of false documents by him;
recognition of an agreement on the payment of alimony as invalid due to its conclusion under the influence of deceit, threats or violence on the part of the alimony recipient;
establishment by a court verdict of the fact of forgery of a court decision, an agreement on the payment of alimony or a writ of execution on the basis of which alimony was paid.
3. If the actions listed in paragraph 2 of this article are committed by a representative of a minor child or an adult incapacitated recipient of alimony, the reverse collection of alimony is not carried out, and the amounts of paid alimony are recovered from the guilty representative at the suit of the person obliged to pay alimony. However, in your case it is possible. Those. You should go to court with statement of claim on the recovery of the overpaid amount from the ex-wife, since she misled the bailiff and provided false information, but evidence will be required.

Lawyer Sharafutdinov I.M., 771 answers, 406 reviews, on the site from 07/19/2019
23.5. On the meaning of the legal position of the Constitutional Court of the Russian Federation, according to which the taxpayer is not entitled to dispose at his own discretion of part of his property, which is subject to a contribution to the treasury in the form of a certain amount of money (Decree of December 17, 1996 N 20-P), alimony can be recovered only from those amounts of wages and other income that the alimony-obliged person has the right to dispose of.
Consequently, the amounts payable to the budget in the form of taxes are not included in the funds that form the economic benefit of the alimony-obliged person, and are subject to deduction from the amount of income on the basis of which the amount of alimony to be paid is determined.
Thus, in order to correctly determine the debt for alimony obligations, regardless of the status of the payer, the bailiff, who is in charge of the relevant enforcement proceedings, consistently performs the following actions, which are a general algorithm, regardless of the methodology to be applied:
- determines the period for which the debt must be calculated;
- determines the amount of income on the basis of which the debt should be calculated;
- calculates the total debt for a certain period;
- deducts the amount of money paid by the debtor to fulfill the obligation to pay the debt;
- makes a decision on the calculation of arrears of alimony payments.
It must be taken into account that taking into account the fact that alimony obligations are a periodic monthly payment (Articles 81, 83, 86 of the Family Code of the Russian Federation) and the rules provided for in Art. 15, 16 of the Federal Law of 02.10.2007 N 229-FZ “On Enforcement Proceedings”, the debt can be accrued only after the 1st day of the month following the reporting month for which the specified payment should have been made.
A similar position was confirmed in the interpretation of these norms by the judiciary (for example, in the Generalization of practice on the application by the courts of the Volgograd region of Article 157 of the Criminal Code of the Russian Federation for 2012 - 2013).

Therefore, feel free to ask the bailiff to recalculate - based on the evidence presented.

Lawyer Sadykov I.F., 49435 answers, 26528 reviews, on the site from 10/11/2017
23.6. Hello, dear Oleg! Let's go in order. Will be taken into account. If there is evidence of the fact that alimony for the specified periods was collected (and if it went through the bailiff, then this data is in the materials of the enforcement proceedings, with which, in accordance with Article 50 of the Federal Law of October 2, 2007 N 229-FZ "On the Enforcement production" can be read and referred to when making a claim from the bailiff. You need to contact the bailiff, state that the balance of the debt is only 3000 and demand a recalculation by paying the balance of the debt. If the bailiff does not recalculate, then you have the right to appeal the actions of the bailiff - the executor to the senior bailiff in the order of subordination or in district court in the manner prescribed by Articles 218-219, 360 of the Code of Administrative Proceedings of the Russian Federation without paying a state fee. Good luck in resolving your issue!

24. The debtor resigned in February, the writ of execution arrived in June, and he was sent back. In August, the debtor was hired again. Should the employer notify the bailiffs about this?

24.1. No, you shouldn’t, this is not the employer’s responsibility.

Contact the labor inspectorate regarding this issue.

27. From 01.07 to 23.07 annual leave. Vacation pay was paid on June 27. On July 17, a writ of execution was received at work to withhold 50% monthly, from what specific date is not specified. On August 10, they withheld the full salary (for 5 shifts worked in July plus 50% of the vacation pay already received and a debt to the company remained.) I am raising a minor child alone. It turns out that we were left without any means of subsistence! Is this legal? If not, what can be done?

Lawyer Bogdanov A. S., 129 answers, 92 reviews, on the site from 08/11/2019
27.1. Without documents it is quite difficult to say anything. In any case, you can apply to the court for an installment plan or change the procedure for its execution in order to reduce monthly payments. In addition, it is unclear where the debt to the company came from, therefore, there are suspicions that it is illegal.

28. Today a writ of execution arrived at work.

Lawyer Markov S.V., 554 answers, 336 reviews, on the site from 07/16/2019
28.1. Write a specific question otherwise we will not be able to help you.

Lawyer Bychkova N.V., 12169 answers, 5141 reviews, on the site from 02/07/2011
28.2. Your accountant is obliged to carry out the collection. But no more than 50% of the salary if these are different debts other than alimony, if alimony is delayed, then they can withhold up to 70% up to full repayment and exit to the current payment.

29. A writ of execution came to work. The receipt says that they are holding 45,000, the total salary is 75,000. I have no idea why. Where to go?

Lawyer Stepanov A. E., 35394 responses, 23838 reviews, online since 07/21/2017
29.1. So read the writ of execution, there should be a covering letter from the bailiff. Contact him regarding any debt.
Sincerely.

Lawyer Zen S.P., 1649 answers, 803 reviews, on the site since 01/10/2008
29.2. To the bailiff who sent the I.L. and if it is not your duty to appeal the judicial act on the basis of which the proceedings were initiated.

Code of Civil Procedure of the Russian Federation Article 331. Appeal of rulings of the court of first instance
(as amended by Federal Law dated December 9, 2010 N 353-FZ)
(see text in the previous edition)

1. The rulings of the court of first instance may be appealed to the appellate court separately from the court decision by the parties and other persons participating in the case (private complaint), and the prosecutor may make a presentation if:
1) this is provided for by this Code;
2) the court’s ruling excludes the possibility of further progress of the case.

Lawyer Kudrin O. E., 15129 answers, 8098 reviews, on the site since 03/20/2015
29.3. Good afternoon.
In order to accurately answer your question and help you, you need to know the details.
Contact a lawyer on our website personally, explain everything in detail, and he will provide you with legal assistance.

30. The question is the following: there are two writs of execution (loans) - one came to work six months ago, wrote an application to reduce the percentage of collection - they lowered it to 30, then on 01.08 another writ of execution comes to withhold 50% of the salary - how will the deduction be calculated Salary from these two writs of execution?

Lawyer Knyazev A.V., 8 answers, 4 reviews, on the site from 08/07/2019
30.1. The total amount of deduction by the employer should not exceed 50% of your salary; both sheets belong to the fourth stage. Requirements are satisfied in proportion to the amount due to each claimant specified in the writ of execution.