When litigation is already behind us, a decision and a writ of execution against the debtor has been received, the direct collection process begins. The received executive document is sent to the bailiff service. The law gives its specialists three days to open an executive office. In practice, this may take longer.

Features of the writ of execution as a legal document

Difficulties with understanding the essence and foundations of the writ of execution often arise from the creditors themselves. So, if for the debtor it is a document that determines the amount of his debt and the need to repay it, then the creditor perceives it as a basis for claiming funds and fulfilling obligations. Meanwhile, this document has a number of restrictions and legal nuances regarding the procedure and deadline. Let's consider the features of this document in more detail.

To begin with, it is important for both disputing parties to understand that a writ of execution is a coercive measure. And if the debtor is counting on the loyalty of the executive body, then there can be no talk of it.

At the same time, the writ of execution and the creditor does not give unlimited powers. In practice, especially when it comes to writ of execution against private citizens, in which the creditor is a financial institution, its representatives, being at the same time as bailiffs, try to claim the debt in the form of a one-time payment. Meanwhile, the law does not provide for this. This option involves a writ of execution received as part of a court order, which the debtor did not protest within 10 days from the date of receipt.

As part of standard legal proceedings, the writ of execution may allow for a phased repayment of the debt. The amount of the monthly payment, the court most often does not stipulate.

Another mistake that creditors make is delaying the submission of a writ of execution to bailiffs. So, after receiving it in your hands, it should be handed over to the bailiffs within 10 days. And the term of collection under the executive document is only three years, and in relation to violations of an administrative nature - a year.

Of course, the recovering party has the right to restore this period, but this requires significant arguments and justifications that the court can take into account. But in this case, the deadline for re-submitting an application is 3 months from the day on which the executive document lost its meaning and force.

Thus, the collection of debt under the writ of execution is a rather lengthy procedure.

Can they refuse to accept this document for production?

The legislator in this matter gives a clear list of reasons or grounds for refusing to accept an executive document. They are in the following points:

• If the claimant or the debtor has passed away;
• Refuse to make a decision on the return of money without the presence of a corresponding application;
• If the documents are not submitted at the place of actions committed by the debtor;
• If the document has expired and has not been restored;
• If the form and execution of the executive document is not observed;
• If, under this executive document, production is already underway or was underway, and it was closed for certain reasons.

The writ of execution must be handed over to the bailiffs within 10 days.

How do bailiffs work?

The sheets issued by the court are considered exclusively at the place where the debtors committed illegal actions or the place of their residence, location of their property. When collecting a debt from an organization or enterprise, the document is submitted to the FSSP department, respectively, of the legal address of the debtor. Only the original is attached to the application. On the return of debts from legal entities.

The very procedure of the bailiff-performer is as follows:

• Within a three-day period, upon the submitted application, enforcement proceedings are opened;
• In a two-month period, the necessary executive actions are carried out.

Executive actions do not always guarantee the quick fulfillment of obligations and the return of funds. The creditor should provide the contractor with as much information as possible about the debtor, his location, work, property and other data.

Debtor's bank accounts

The coercive nature of the writ of execution gives the executor in this proceeding, first of all, to foreclose on the debtor's money capital. In particular, it checks bank accounts, subsequently sending a resolution on the arrest of accounts to a banking institution. But at this point there are also a number of limitations.

Accounts that receive social payments and wages, which are the only source of livelihood, are not subject to arrest.

In the absence of bank assets and the contractor receives the necessary information from the tax authorities.

The lack of bank accounts allows you to foreclose on the property of the debtor. Here the legislator also restricts the actions of the performer. The only housing, household items necessary for life support, cash up to 25 thousand, food, and in general property worth up to 30 thousand are not subject to arrest, unless the debtor transfers it on account of the debt voluntarily.

It should be noted that according to the writ of execution, the debtor can make payment by monthly depositing funds into the account, if we are talking about such debts as loans, alimony, damage to someone else's property.

Debt collection and seizure of property

Seizure of property and bank accounts is also carried out only after the debtor has not fulfilled his obligations at all for a three-month period, or has refused to pay the debt. And also there is a fact of malicious evasion or an attempt to conceal property and funds.

Thus, despite the coercive nature of the writ of execution, the legislator defines a clear list of measures that an FSSP employee must resort to when working to ensure the recovery of funds.

Explaining the situation more primitively, it should be noted that the opinion of the creditor that as soon as he received the documents of execution, the bailiff will send documents for the arrest of accounts, as well as an inventory of property, is fundamentally erroneous. The law obliges the bailiff to notify the debtor of the opening of enforcement proceedings against him, to present a writ of execution. If for some reason the debtor had not previously received it, hold a conversation, after which the debtor may fulfill his obligations without taking extreme measures.

The absence of bank accounts allows foreclosure on the debtor's property.

Exceptional opening cases production

1. Writs of execution for fines at the expense of the state and state duties;
2. On wages and compensation for wrongful dismissals;
3. For alimony, if the sheets were not received by the parties.

Self-collection of debts

The legislator also provides for such an option for resolving the issue of repayment of debts, while also determining the collection procedure and the amount of debt allowed for this.

So, the presence of a sheet for execution gives the creditor the opportunity to:

• Foreclose on the financial assets of the debtor, provided that he knows the details and numbers of bank accounts. In this case, an application is sent to the appropriate banking or financial institution with requirements for repayment of the debt, with the original of the executive document;
• Send this sheet directly to the debtor's employer, in which case the accounting department will monthly transfer a percentage determined by law to pay for the writ of execution, provided that the amount of debt is not more than 25 thousand, it can be done in the same way.

Additional information about the procedure for collecting debts sheet in this video:

With regard to the last paragraph, it should be added that the penalty can be applied to pensions and other social benefits, including scholarships. But, in these cases, the sheet is sent to educational institutions, pension, social funds.

According to statistics, only 20% of debtors themselves repay the debt within a month after the court decision. 30% do it thanks to bailiffs. And 50% categorically refuse the obligations assigned to them.

Most debtors do not comply with court decisions voluntarily. Therefore, in legal practice, one of the long stages of the end of the trial is the enforcement of a court order.

Legal regulation of collection processes takes place on the basis of Federal Laws No. 118 and No. 229. The powers of bailiffs to collect debts, as an influencing mechanism on the debtor, are built on the basis of these legislative acts.

The bailiff has the right to: seize property, securities, money, seize the listed property; check financial documents; organize the search for debtors and the search for property. After the decision enters into force, the court undertakes to issue a writ of execution in the hands of the plaintiff or, at his request, send the document for execution to the bailiff. The bailiff service will accept a writ of execution and issue an application for recovery.

Stages of debt collection by bailiffs

It is necessary to identify the main stages of the procedure for collecting debt by bailiffs and the process of enforcement of a judicial act, as well as other authorized bodies.

1. Commencement of enforcement proceedings and issuance of a decision. On the basis of a written statement of the recoverer and a writ of execution, the bailiff initiates a decision to initiate enforcement proceedings. Within six days from the beginning of the receipt of executive documents, a decision is issued to the bailiffs department.
2. The bailiff sends the decision to the recoverer and the debtor. The decision reflects the time frame in which the debtor is able to voluntarily execute the judgment. Based on Federal Law No. 229. such period is five days from the date of receipt of the decision.
3. Identification of the debtor's property. Bailiffs-performers have extended powers. They have the right to send a request to the cadastral chamber, traffic police, Rostekhnadzor to identify the property of the debtor. It can be vehicles, real estate or land. With the permission of the senior bailiff, the bailiff is able to visit non-residential premises, and when implementing the executive document on the eviction of the debtor, permission is not required.
4. Ensuring the safety of property before the recovery procedure. This stage consists in the arrest of the debtor's property. To prevent the sale of property that is subject to foreclosure, a ban is imposed on the disposal of the object to secure an executive document.

The debtor is prohibited from traveling abroad. If the debtor ignores the voluntary execution of the document on time, the debt for which is more than ten thousand rubles, the bailiff is authorized to initiate a restriction on the debtor to leave the Russian Federation. Since 2013, the minimum amount of debt that prohibits leaving Russia is ten thousand rubles.

Collection of funds from the debtor. Funds are collected in several ways: forced debiting of money from the account; withdrawal of funds from the cash desk of the debtor organization; withholding money from wages. At this stage, we are working together with the bailiffs to collect the debt.

Collection of the performance fee from the debtor. If the enforcement document is ignored, the enforcement fee is collected from the debtor. It is set at 7% of the amount of the debt and should not be less than one thousand rubles from an individual, and from an individual entrepreneur not less than ten thousand rubles.

Completion of enforcement proceedings. After the end of all the above stages of the forced collection of funds, the enforcement proceedings end.

The video discusses the details of the work of bailiffs

Possible difficulties in debt collection

In cases where the debtor is hiding from paying the debt, the bailiff has the right to put the citizen on the wanted list, as well as involve the Ministry of Internal Affairs and the tax office. The search for a debtor is carried out carefully, starting with the place of residence and addresses of relatives, and ending with the workplace. Representatives of the FSSP are authorized to conduct a search from 6 am to 10 pm. If the debtor is absent at the place of residence, then the bailiff undertakes to send the property of the citizen for storage.

Read more about how to collect a debt if a sole proprietor has ceased operations.

Bailiffs have the right to seize any property that is not “vital” or “instrument of earnings”. It is also impossible to withdraw an apartment if it is the only housing of the debtor and his family, with the exception of the collection of mortgage debt. The seized property is recorded in the act of inventory and signed by witnesses.

If the bailiffs cannot collect the debt within three years, they will be forced to close the enforcement case and notify the plaintiff that it is impossible to collect the debt. But debt obligations do not have a statute of limitations, so the plaintiff has the right to go to court to extend the writ of execution and re-transmit the case to bailiffs.

Complaint against the action or inaction of the bailiff-executor

Read about the debt collection service in the article: national debt collection service

The legislation of the Russian Federation provides for two ways to challenge the action or inaction of a bailiff to recover a debt. The first is to file a complaint with the head of the bailiff, that is, in the order of subordination (according to Article 123 of the Federal Law "On Enforcement Proceedings"). The second way also comes down to filing a complaint, but against the decisions of the bailiff, and to the arbitration court or the court of general jurisdiction, depending on where the official performs his duties. It is possible to appeal the actions of the bailiff, such as the issuance of decisions that violate the rights of citizens. The inaction of the bailiff is also subject to appeal if he does not take the actions prescribed by law.

A complaint against the bailiff about his action or inaction is filed within ten days after the establishment of the violation. If the debtor is not informed at what time the bailiff will carry out certain actions, then the citizen has the right to appeal against these actions no later than ten days from the moment they were completed. In this case, the mail notification with the date of receipt of the letter becomes the proof.

Based on article 199 of the APC RF. an application to the arbitration court challenging the action or inaction of the bailiff must reflect the following points:

1. Full name of the citizen or organization submitting the application, place of residence or location of the organization;
2. Full name of the official in respect of whom the application is being made;
3. Grounds for appealing against the decision of a person of the bailiff service, a description of what his actions or inaction are;
4. Requirements of the organization or citizen who wrote the complaint;
5. Attached documents.

The application must be accompanied by: a receipt for payment of the state duty; a copy of the Act on the impossibility of execution; a copy of the resolution on the completion of enforcement proceedings; a copy of the court decision in the case; a copy of the writ of execution.
As a result, the court will either satisfy the stated requirements or refuse. If the court approves the complaint, the defendant will be charged the costs of paying the state duty, and the enforcement proceedings will be resumed.

Questions on debt collection by bailiffs, leave in the comments

Legal advice in Yekaterinburg

How to collect a debt if the debtor has no property?

How to collect a debt if the debtor has no property?

This issue is one of the first places in personal and virtual consultations.

Unfortunately, our Russian legislation is such that a debtor can often evade collection of money from him with impunity and successfully. There are no real sanctions for non-repayment of debt. Initially, debts are collected by the court, and so far everything is going well: the creditor (plaintiff) has evidence in his hands - this is either a receipt. either a loan agreement or other documents. The court investigates them, the debtor (defendant) cannot oppose anything to this, and for his part, he has no evidence that he returned the finances. The court makes a decision and awards the debt to collect. A writ of execution is issued, which is transferred to the bailiffs. But then the situation is no longer so simple and rosy.

Our debtors are individuals (citizens) and legal entities (organizations).

Debt collection from the debtor faces

When submitting a writ of execution to the district department of the bailiff service, I advise you to immediately indicate in the application all the information that is known to the creditor about the debtor, and which can help in the search for his property.

The most ideal debtor is a person who works, with a large and official salary, who has worked in his place for a considerable time (preferably in the public service), has gained experience, ranks or ranks, that is, who values ​​his job, who, in order to pay off his debt, will not quit his job. work. In addition to this: a permanent place of residence, the presence of property, preferably a car, and bank accounts. Such a case, of course, is rare, and you should not rely on it. Still, such debtors themselves are aware of the likelihood and risks of judicial collection of debts, and usually meet creditors halfway, without taking them to extremes and to the level of bailiffs with their coercive actions.

Read also: Federal Law of the Russian Federation on insolvency bankruptcy

The opposite of it (and this is much more common, which, in fact, is what the article is about) is a debtor who does not have official property. He does not have an apartment, land plots and other real estate, he does not use a bank card or accounts, he often has a car, but it is registered in a different name (mother, wife, brother, etc.). Works unofficially, "in the black", usually in the service sector - for example, in a taxi, tire fitting, construction team, etc .; Fortunately, it is not so difficult to make employment documents, or not to have them at all. And here, when the debtor has no property, the issue of debt collection becomes hopeless. The law "On Enforcement Proceedings" indicates the measures that the bailiff can apply to the debtor; but no significant effect can be expected from them.

You have to fight for your money anyway. As practice and statistics show, with active and assertive actions, you can get your money back even from inveterate long-term debtors.

Having initiated enforcement proceedings for the recovery of a debt, after waiting for the deadline for voluntary payment of the debt and without waiting, the bailiff performs a standard set of actions:

1. Sends a request to the Federal Tax Service Inspectorate (Inspectorate of the Federal Tax Service) for the tax office to give the bailiff information about the debtor's place of work. The tax service has such information, since each employer makes tax deductions from wages on behalf of the employee (at least he is required to).
2. The same request is sent to the pension fund.
3. A request to the traffic police about whether the debtor has a vehicle.
4. Request to the regional chamber (Federal Service for State Registration, Cadastre and Cartography), which real estate objects are recorded in the name of the debtor, where he is the owner.
5. Requests to banks about whether the debtor has open accounts or cards, whether they have cash balances. Here the question often arises - to which particular banks should requests be sent? There is no answer, since we have many banks, and the debtor has the right to open accounts in any banks. Therefore, they are usually limited to the largest ones (Sberbank, maybe VTB and Gazprombank, or others in a particular city).

Having sent requests, the bailiff waits for some time, receives answers from all the listed bodies. If any request from the list “fired”, that is, it contains information about the debtor’s property, the bailiff takes measures to seize and sell this property. If earnings are revealed, then 50% of it is withheld in favor of the creditor, until the debt is fully repaid. If money is found in bank accounts, they are completely arrested. The car is arrested and withdrawn for sale at auction, if it is not in kind, it is put on the wanted list. Real estate (with the exception of the only apartment, because it is impossible to evict and take away the apartment from the debtor, if it is one, it is impossible) is also arrested.

If all requests returned empty, that is, with one line like " We do not have information about whether the debtor has the full name of the property”, then the bailiff makes an exit to the debtor’s home at the place of residence, with the intention of picking up household utensils. It happens that this is beneficial, the bailiff can take away a TV, tape recorder or other property; but, as you yourself understand, its cost will be minimal, and even taking into account the use and wear that has taken place, and in the presence of a large debt, this is also not a panacea.

The next measure is a travel ban, established by the bailiff in relation to the debtor, outside Russia. In some cases, this matters, so you should not neglect it - you must use all possible measures to collect your debt. But if the debtor leads a marginal lifestyle and does not intend to travel abroad, then this coercive measure will not have any effect.

The last thing to use in the process of collecting debts from individuals is to find out if the debtor is married. To do this, let the bailiff send a corresponding request to the registry office. After all, if the debtor has a wife, for example, and registers all his property in her name, then the creditor has a chance to divide this property in court. allocate the share of the debtor spouse, and withdraw it on account of the debt. If there is a marriage, it becomes necessary to check the property of the spouse, often this is the only chance for repayment of the debt.

That's all the measures of state exacting-debt coercion. Here I do not mention the right of the bailiff to charge a performance fee of 7% of the collected debt, since if the debtor did not return the main debt, then these 7%, of course, for him are like pellets for an elephant. The creditor has the right to recover through the court also a penalty for the late repayment of the debt and indexation; but again, in view of the non-return of the principal amount, this penalty loses its punitive (for the debtor) and enriching (for the creditor) properties.

Criminal punishment for debts is not established by our laws (with the exception of alimony debts, for which there is a separate article No. 157 in the Criminal Code), and the righteous anger of creditors in this vein will not be realized, unfortunately. Fraud, which all injured creditors are pressing for, cannot be initiated here - the police refuse to initiate it with reference to civil law (and not criminal) legal relations.

Yes, this, in fact, does not matter, because the punishment is secondary, the main thing for the creditor is to get his money back. What could really help here is forced labor for debtors, but our laws do not establish this. Labor is free, and this is written in the Constitution, which we all once adopted.

Rumors have been circulating on the sidelines of the legislature for more than a year about intentions to introduce the deprivation of a driver's license in relation to debtors. Personally, this seems to me to be a very effective and high-quality measure of state coercion, and I would like to see this item in our law on enforcement proceedings. But this bill has been stalling for a long time, and the prospect of its adoption is very vague.

So it turns out that the courts make decisions on debt collection, but in fact they are not always executed. If the bailiff took all the measures listed above, but nothing happened, he simply ends the enforcement proceedings. The writ of execution is sent back to the claimant.

The collector is entitled to present this sheet again, which I advise you to do - the debt is red in payment, and let the debtors not relax, let them appear on the lists of debtors on the FSSP website and infringe on themselves all their lives, being restricted to travel abroad and registering property for other people, then there is a risk to them. It is possible to present a writ of execution in this way repeatedly, without limitation, that is, to pursue the debtor for life, and in the case of inheritance, also to bring the heirs of the deceased debtor to debt liability.

When the debtor reaches retirement age, you will be able to withhold 50% of his pension. And the debtor will not be able to evade this in any way, since the pension fund will transfer money to your account directly, without the participation of the debtor.

Advice to creditors-collectors: when submitting a writ of execution to bailiffs, take the initiative. Bailiffs are too heavily loaded with work, this is an objective reality. There are often accusations like " My bailiff does nothing », « Bailiffs are inactive”, but the circumstances are such that at present each bailiff has a lot of enforcement proceedings - up to two thousand or more per person, this is an enormous burden that a normal person simply cannot do. So the bailiff " doing nothing"not because of their laziness, but often due to objective circumstances. Therefore, it is recommended that the claimant not only hand over the writ of execution and passively wait, as it happens in nine cases out of ten, but actively connect: provide the bailiff with all the information about the debtor and his property, offer the bailiff to receive it in his hands and personally take requests to state bodies, receive them personally, return the completed requests to the bailiff, agree on the date and time of going to the debtor's home, if necessary, bring and take the bailiff, etc. This is not done to facilitate the work of the bailiff - no, after all, the bailiff receives his salary and must work it out. This is done only to speed up enforcement proceedings - this is the main goal. If the bailiff sends all requests by mail, he will receive answers to them in about a month or even two. During this time, the debtor, it is quite possible that he will have time to transfer his property to his brother-in-law, sell it, donate it, etc. that is to hide from the creditor. Thus, helping the bailiff is the direct interest of the claimant.

Read also: How to make bailiffs work on a writ of execution

Collection of debt from the debtor - jur. faces

Here things are much worse. In the vast majority of cases, we are talking about the simplest organizational and legal form - LLC (limited liability company), which anyone can register without restrictions, as many times as they like. Accordingly, if you entered into consumer legal relations with an LLC, or simply gave the LLC a loan, then the LLC will be the debtor, and not the person with whom you communicated, not the director or founder. If the founder of an LLC sits in a beautifully furnished office, drives an expensive car, this does not mean at all that the LLC itself has sufficient property (or at least some) to pay off the debt to you. This is the misconception of most people who, in a conversation with a lawyer, say: Well, if there is no property and money in the LLC, then let the founder pay". This is an illegal requirement. The founder will not pay you anything, he does not have to. It should be the LLC, but there is no money in it - the current account is zero, there is no other property. Here again we get the end of the enforcement proceedings with the same reason - due to the impossibility of collecting the debt. After all, you can simply leave an LLC with all the accumulated debts, and immediately open a new one, even with exactly the same name, and at the same time the debt does not transfer to a new LLC.

Otherwise, all actions between the claimant and the bailiff are similar - initiating enforcement proceedings, sending requests, leaving at the location of the LLC (legal address), etc. Unless the ban on traveling abroad does not apply here, because. it only exists for individuals.

In this regard, advice: when concluding an agreement or other legal relations, pay attention to who cooperates with you - an LLC or an individual entrepreneur. If there is an opportunity to choose - choose an individual entrepreneur, an individual entrepreneur. This is an individual who will pay off his debts to you with all his property.

Or, if there is only an LLC, pay attention to the moment whether it has a license, or whether the LLC is a member of self-regulatory organizations (SROs). This is a significant argument in favor of solvency: if an LLC has a license, then the likelihood of successful debt collection in the event of a dispute is much higher.

There is another important argument that you may not know about at the initial stage: this debts of counterparties to the debtor enterprise. This means, for example, that earlier the company that owes you money conducted activities, concluded contracts, received money, but not all buyers and customers paid it off. There are debtors. And so you filed a lawsuit, recovered your money, arrested the accounts of the legal entity. The bailiff did everything he could - zeros everywhere. And the enforcement proceedings hung. But time passes, some debtor settles accounts with the enterprise. The money goes to the account arrested by the bailiff, and transferred to you to pay off the debt. So there is always a chance.

Here is such a sad picture in places in terms of debt collection.

However, I repeat: you have to fight for your money. Life shows that sometimes you can return them even in hopeless cases, even from inveterate debtors, zero LLCs, etc. The more active your actions are, the greater the chances of success.

How do bailiffs collect debts?

According to the federal law "On Enforcement Proceedings", bailiffs are endowed with a wide range of powers to collect debts. When opening enforcement proceedings on the basis of a writ of execution (for example, a writ of execution), the bailiff has the right to:

- to seize the debtor's property, including money and securities;
- withdraw the seized property of the debtor;
— check the financial documentation of the debtor;
- put the debtor or his property on the wanted list.

After the opening of proceedings, the debtor is given 5 days to voluntarily enforce the court decision. If the debtor refuses to pay off the debt on his own within the period provided for this, the bailiff gets access to the registers of his property (for the purpose of subsequent arrest), which includes:

- motor vehicles;
— residential real estate (apartment, house, cottage, etc.);
- land.

If the debtor does not have the above property, the bailiff requests banking institutions for the presence of his accounts in them, which can also be arrested.

The next stage of production (in the absence of bank accounts) is an appeal to the employer of the debtor. According to the current legislation, the bailiff has the right to write off up to 50% (and in some cases up to 70%) of the debtor's salary to pay off the existing debt.

If the debtor is not officially employed, then the bailiff is forced to start an inventory of his movable property (usually located in the debtor's home). Thus, bailiffs foreclose on the property of the debtor in the following sequence:
a) real estate and vehicles;
b) bank accounts;
c) salary;
d) movable property.

Foreclosure on movable property

Bailiffs are entitled to unhindered entry into the debtor's home, while the latter is obliged to provide them with access to it, since their actions are based on a court decision. They also have the right to enter the dwelling without obtaining the consent of the debtor. Moreover, the law allows them to open the doors of the dwelling of the person in debt.

Executive actions are held from 6 am to 10 pm. The debtor must be notified in advance of their production. In practice, such notifications are made by bailiffs by mail. Refusal to receive it does not release the debtor from the obligation to allow the executors to enter their housing.

Limitation of the powers of bailiffs

The law prohibits the inventory of the debtor's movable property in his absence, i.e. forcibly opening the door to the dwelling and not finding the debtor there, they are obliged to immediately leave the premises occupied by him.

In addition, bailiffs are not entitled to foreclose on the following property of the debtor:

1. Housing of the debtor (if it is the only immovable property of the debtor and is not acquired through a mortgage loan);

2. Cash for food (living wage, the amount of which depends on the specific region);

3. Food;

4. Clothes, shoes, awards of the debtor;

5. Sources of his income (for example, livestock, tractor, etc.)

When starting to describe the property in the debtor's home, bailiffs do not take into account the fact with whose funds it was acquired and who is its title owner. The obligation to prove the ownership of this or that property rests with the debtor. Within 10 days from the date of the inventory, he must submit to the bailiffs documents confirming the ownership of third parties to the property described by him. These can be sales receipts, technical documentation for household appliances, property lease (lease) agreements, etc.

After completing the inventory of the property, the debtor is obliged to pay off the existing debt within 10 days. Otherwise, an enforcement fee of 7% of the outstanding amount will be charged.

Debt collection from individuals: features of enforcement proceedings

Debt collection is a complex process. However, there are certain procedures aimed at implementing a court order that allow you to quickly collect a debt from working individuals who own certain property. If the debtor does not work, does not own any property, is a minor, or resides in places not so remote, the situation becomes much more complicated.

How bailiffs collect debts

As soon as the court decision is made, the debtor is given a month (more precisely, 30 days) for voluntary execution. Then the work of the bailiffs begins. And how soon they will be on the threshold of an unlucky debtor depends only on the degree of their official workload.

For the first time, the bailiffs come to the debtor with the sole purpose of assessing the well-being. With an experienced eye, experts look at the interior for the sale of its individual parts (household appliances, for example) to pay off the existing debt. And if the debtor has no property, the bailiffs begin to act differently:

1. Applying for a property. The request is submitted to various authorities. This takes quite a lot of time. And if the answer received is disappointing (nothing significant is attributed to the debtor), the next stage of enforcement proceedings begins.
2. Finding a job for the debtor. Officially employed? Then, without any problems, the writ of execution is sent to the employment organization to withhold 50% of the debtor's earnings. But if an indebted citizen does not officially work, this kind of retention becomes impossible.
3. Next comes the search for bank accounts.. Naturally, the bailiff cannot work out all banks, therefore he sends requests and orders only to large Federal and Regional credit organizations. If accounts and/or debit cards of the debtor are found, they are blocked. The limit goes into negative exactly by the amount of the debt (even if the account or card is empty).

A large number of credit products gives us the opportunity to purchase new things without wasting time on accumulation. This, of course, is good. But there are problems in the form of bad loans.

Lenders are doing their best to return the issued funds, using various means for this, from contacting collection agencies to litigation in court. As practice shows, it is the latter method that is the most effective. Indeed, with the help of deducted from the debtor's salary, his accounts and property are arrested. The question remains - how to recover a debt under a writ of execution if the debtor has nothing: neither property nor money.

Collection service employees apply a whole range of measures used to force the return of debts if a citizen does not want to voluntarily return the funds taken.

Before recognizing the fact that a citizen has nothing, a service employee must take the following measures:

• A request to the tax office is trying to find out the place of work of the debtor. True, he can achieve success only if the citizen works officially.
• A similar request to the pension - maybe the debtor receives a pension, and to the traffic police - whether he has a registered vehicle.
• Contacting the registration office for real estate ownership and the bank for deposits and accounts.

The described actions did not lead to positive results, then the following measures can be taken by the service employees:

• Prohibition for the debtor to travel abroad.
• Persuasion of the debtor to voluntary repayment of the resulting debt.
• Checking the family status of an indebted borrower. With a positive answer from the registry office, it is possible to withhold part of the property from the spouse (s) under the terms of joint and several liability.

In cases where the above measures have not been successful, the service officer has the right to declare the debtor's property on the executive wanted list. To do this, he makes an appropriate decision.

The basis for its issuance may be the application of the recoverer - in this case, the decision must be issued within three days after receipt. Also, such a decision may see the light if the employee has a basis for declaring a wanted list.

The debtor needs to know that, by law, the bailiff has the full right to take actions of any nature that do not contradict the law and contribute to the fulfillment of his obligations to repay debts. The list of actions is determined by the employee himself, taking into account the specifics of the case.

For example, he has the right to use the media, placing free advertisements in them about the search for both the debtor himself and his property with a request to help in the search. There are such examples, and the practice of using them shows that many citizens are happy to respond to the request of employees.

He can also resort to the help of employees of private detectives working officially.

If there is no money and property, and at the same time the debtor does not work anywhere, there is also a way out. Of course, the bailiff cannot force the debtor to get a job, but it is in his right to give him a referral to the employment service. Usually employees do this, especially when debts are formed for alimony.

What happens when the debtor has nothing

In this case, the executive document is simply returned back to the recoverer. At the same time, an act is drawn up, which indicates that the search measures did not give anything. Also, an employee of the service issues a decision to terminate the proceedings and return the writ of execution to the recoverer. The latter may submit it again for execution in two months. If new information about the debtor and his property appears, then the return can be made earlier.

What can threaten the debtor in this case

If the proceedings did not bring success, and the debtor still does not want to voluntarily pay, then what about the recoverer? Only one thing - to apply to law enforcement agencies to hold him accountable in accordance with Art. 315 of the Criminal Code.

In addition, the interaction of the claimant with bailiffs and traffic police officers will allow depriving the debtor of the driver's license for a certain time.

In addition, the debtor can take advantage of the new bankruptcy law of individuals. faces. The disadvantage is the high cost and complexity of the said article, people simply do not want to refer to it because of the indicated details.

What else?

Despite all the efforts of the recovering party, the legislation says unequivocally that there are no effective measures to recover overdue debts. Example: the judge makes his decision, and while it comes into force, the debtor manages to get rid of his property. He can rewrite it to a relative, draw up a deed of gift, including for an existing business. Many workers officially quit and start working unofficially.

The ban on foreign travel also does not particularly scare them, because inside the country there is an opportunity to have a good rest. And it is very difficult to prove that they did all this intentionally. As you can see, the debtor's "arsenal" has quite a few different ways to avoid payments.

While the opposing party is limited by the requirements of the law, therefore, in most cases, they simply hope that the debtor's conscience will eventually wake up and he will start paying.

The claimant, for his part, may also contact:

• Service of mediators - a company that helps in negotiations with the debtor to reach a compromise.
• Collectors - often they work much more efficiently. But here the danger is different - these offices use methods whose legality is on the verge.
• Maximize interaction with bailiffs. For example, try to independently collect additional information about the debtor and transfer it to the service staff.

As you can see, there are not many ways, but they are available.

Hello! In this article we will talk about the concept of debt on writ of execution.

Today you will learn:

1. How to get a writ of execution;
2. How is debt collection carried out?
3. Is it possible to sell debt obligations if a writ of execution is already in effect.

Now debtors are not uncommon, and it is realistic to recover money from them only by going to court. They are not even afraid that, due to unpaid debts, property may be seized, and he himself may be put on the wanted list. Today we will talk about how to prevent such a development of the situation and fulfill our obligations.

The concept of "executive list"

A writ of execution is a document that confirms the fact that there are debt obligations that are obligatory for repayment. It is issued to the plaintiff when the judicial authorities decide to collect the debt from the defendant.

Where to apply for a writ of execution

Both the plaintiff and the defendant can apply to the office of the judicial authority or to the records management department. It will also be sent to the bailiffs within ten days.

To be issued a sheet, you must present:

• Passport (or other document that will confirm the identity);
• The court's decision.

In addition, the document is issued against signature.

How to find out if you are a debtor and execute a court decision

Conducting enforcement proceedings only seems like an easy task. In fact, one has to face various difficult moments. There are also situations when debt collection cannot be carried out for various reasons and the production is closed.

The plaintiff has two options for enforcing the judgment:

• Trying to collect debts on writ of execution on your own;
• Send the sheet to the FSSP.

The debtor can find out about his outstanding debts using the service on the website of the bailiffs.

How to repay a debt through bailiffs

The writ of execution is accepted by the bailiff. He must take measures as a result of which the requirements of the claimant will be satisfied.

The bailiff decides with the help of which coercive measures the debt will be collected, while taking into account the wishes of the plaintiff. A set of measures should be applied so that the case is resolved as quickly as possible.

The debtor is given five days to make a voluntary repayment of the debt. This is possible only if the presence of debt is a fact that happened for the first time.

If you are a recoverer, then you have every right not only to remind bailiffs about the case, but also to demand a report on the activities that are carried out as part of debt collection.

The standard period given to bailiffs for collection is two months. But in fact, work on the writ of execution can be carried out for several years. It is especially difficult to achieve recovery when the debtor is in hiding. Most often, bailiffs do not take serious actions to search.

If there is a violation or delay in the deadlines, you can contact the prosecutor's office and complain about the inaction of the FSSP, but this measure cannot be called effective either.

So do not be lazy and remind the bailiff of his duties.

Additional collection actions

• You, as a plaintiff, can personally demand from the debtor the performance of his obligations;
• If there is information about bank accounts opened in the name of the debtor, you can contact the banking organization by providing a completed request and the original writ of execution. You can specify the full amount of the write-off, or part of it, at your discretion.
• You can apply with a statement at the place of work of the debtor, in the application, ask that the debt be withheld from the salary, and then the funds should be sent to the account of the recoverer.

Remember that the amount of debt will be collected only for the last 3 years, this is especially true when it comes to a writ of execution for.

Important subtleties

The writ of execution is considered where the debtor lives, or in the area where unlawful acts were committed. If the proceedings are open in relation, the paper is sent to the address indicated as legal.

It is worth noting that the defendant is rarely ready to make a voluntary repayment of the debt, usually he does this only when there is nowhere else to retreat.

It must be remembered that even an appeal to bailiffs does not guarantee that the debt will be returned.

How to collect debt from an individual

In part, we talked about this a little earlier, now we will dwell in a little more detail.

Note that when a debt is collected from an ordinary citizen, the FSSP sends a number of requests to different authorities:

• In the Federal Tax Service, to find out information about the last place of work and salary;
• To the branch of the pension fund, to find out whether contributions are deducted from the salary and in what amount;
• To the Registration Service to clarify whether the debtor has real estate;
• In the traffic police, to find out if the debtor has a vehicle;
• To the largest banking organizations in the region, where you can find out about the debit and deposit accounts of the debtor.

The most successful option for bailiffs, if, thanks to requests, it is confirmed that the debtor has material wealth.

If the debtor does not have property, accounts or official employment, the chances of recovering the debt are low. But they are. First, they issue a ban on travel to other countries. Then you can try to establish family ties of the debtor, common property with relatives and, through the court, try to allocate a share from this property to pay off the debt.

How to collect debt from a legal entity

More difficult than with a physical person. The procedure in this case is longer and requires a careful approach, although the procedure for collecting debts is similar to the previous one.

Main points:

• Send requests to different authorities in order to find out the availability of assets and working capital;
• A trip to the address where the enterprise or organization is located;
• Sending official letters and writ of execution demanding repayment of the debt.

If the debtor is a credit institution, the issue can be resolved without resorting to coercion. If the bank values ​​its reputation, it will return the funds quickly. Otherwise, the debt is subject to compulsory collection through the FSSP.

It is difficult to collect funds from insurance companies. As soon as the writ of execution is ready, the plaintiff applies to the banking organization in which the debtor's account is opened. A demand is made to recover part of the funds in favor of the applicant, while indicating the necessary details.

If there are funds on the account, the bank can collect them, but if not, you will have to contact the bailiffs.

It is always difficult to collect funds and it does not depend on who the debtor is - an individual or an organization.

Which accounts are not subject to seizure

Bailiffs have the right to seize the found accounts of the debtor.

But there are restrictions according to which they cannot be arrested:

• Bank accounts and cards to which child allowances and other social payments are transferred;
• payroll accounts;
• Salary bank cards.

Even if the bailiff issues a decision to arrest them, and the debtor proves that the account is a salary account or another of those indicated in the list, the decision must be canceled and the arrest removed. Let's explain this point in more detail.

Debt from social benefits, pensions or salaries can be collected, the legislator allows this. But this should be done through the accounting department, which calculates them. In addition, the presence of a writ of execution does not give anyone the right to take away from a person all the means of life (if we are talking about an individual).

Example. The debtor has a salary, the amount of which is 20 thousand rubles. At the same time, he has two small children and a disabled dependent dependent relative. This means that more than 1/4 of the specified amount cannot be recovered.

Sale of property

With regard to property, it can be sold and through this to cover the debt, but here there are restrictions. You cannot put up for sale the only housing, orders and medals (if any), household utensils necessary for life and food.

Deadlines for collecting debts under a writ of execution

Due to the timing, the most heated debate flares up. Although the plaintiff needs to familiarize himself with the information on the terms in advance so that the debt is collected in a timely manner.

So, the first thing the plaintiff needs to understand is that the deadline for execution and the deadline for collection are two different things.

Period of execution - this is the period of activity of the bailiff from the moment of receipt of the writ of execution, and collection period is the period during which the debt must be repaid.

Don't forget about the statute of limitations. Although if the debt is collected within the boundaries of enforcement proceedings, the statute of limitations will practically not apply here.

If the plaintiff wishes, the sheet can be withdrawn until the debtor is able to pay the funds. This right is most often used by banks in relation to customers with a writ of execution on a loan.

A sheet can be in production, be recalled, come back again, and so on in a circle. But remember: the longer this cycle takes place, the less likely it is to recover the debt.

The bailiff may legally close the proceedings, even if there is no consent of the plaintiff.

The term of collection is a relevant concept when the defendant is ready to fulfill obligations voluntarily. And the terms of voluntary cancellation are from 5 to 10 working days.

How to collect debt from a public institution

Accounts of such organizations are opened not in banks, but in the treasury. The procedure for withholding debt is slightly different here. The recoverer personally with a writ of execution applies to the treasury. Usually, funds are transferred within the next 30 days.

If there are no funds on the accounts of the organization for more than three months, the recoverer is notified about this, who can withdraw the writ of execution.

In such a situation, you can try to return your funds by foreclosing through the FSSP on the property of the debtor organization.

Is it possible to cancel the writ of execution

Even if enforcement proceedings are already in progress, there are a number of reasons to stop this process. Let's analyze them.

If the debt collector renounced claims against the debtor and entered into an amicable agreement with him.

In this case, all the assigned measures are terminated, and it will not be possible to resume production. The main thing is that this agreement is accepted and approved by the court. If it does not affect the interests of third parties, then usually there are no problems.

Death of one of the parties or its disappearance.

Production will be suspended if there is no assignee of either party.

The defendant was not informed of the court order.

If you are a debtor, then send an application to the court so that you are given a copy of the order. At the same time, file an objection in the name of the judge who made the decision. Point out that they were not familiarized with the order, and this is a direct violation of the law.

Send similar documents to the bailiff who deals with your enforcement proceedings.

Sale of debt

The practice of selling outstanding obligations on debts is used by both financial institutions and individuals. We will consider the nuances of such actions below.

Assignment.

The law does not prohibit the transfer of unfulfilled debt obligations. Moreover, it is absolutely not necessary to notify the debtor about this. But the debtor has the right to refuse to pay off the debt if he has not seen documents confirming that the assignment is legal.

If the debtor agrees, they develop an agreement on the assignment of debt, which is tripartite.

The process itself takes a little time: from several days to several weeks.

The steps of the procedure are:

• The buyer of the debt from the creditor receives information about the amount of the debt, documented;
• All information is checked for compliance with reality, they analyze how legitimate the creditor's requirements are;
• The conditions under which the deal will be concluded are discussed;
• The lender and the buyer company enter into an agreement signed by all parties;
• One party informs the debtor that the rights to receive the debt have passed to another company.

The transfer of the debt can be made only if the cession agreement is officially concluded, that is, the transfer of rights to accounts payable.

Only a legal entity has the right to redeem a debt. face. The debtor should pay attention that the debt can be redeemed by a collection agency. For the most part, they are the ones doing the buying.

Often, selling debt is the only way for a lender to get their money back. After the assignment, a collection agency will operate.

Conclusion

Summing up, I would like to say that when collecting a debt under a writ of execution, a lot also depends on the actions of the plaintiff himself. If he interacts with bailiffs, makes efforts to dialogue with the debtor, most likely, he will be able to recover funds.

Repayment of debt under an executive document- this is a voluntary or compulsory execution of a requirement in the framework of enforcement proceedings. The debtor has the right and obligation to repay his debt on a voluntary basis. For this, a certain period is set, which, as a general rule, does not exceed 1-5 days from the date of receipt of the decision to initiate enforcement proceedings or from the date the debtor receives a copy of the executive document. If the demand is not fulfilled or cannot be fulfilled on a voluntary basis, firstly, an additional obligation is imposed on the debtor to pay the enforcement fee, and, secondly, the entire arsenal of available enforcement measures can be applied to it.

The procedure for the voluntary repayment of a debt and the process of its forced collection are regulated by the Law on Enforcement Proceedings. The law is applied both in the situation of debt collection by the Federal Bailiff Service of the Russian Federation (by bailiffs), and in cases of direct presentation of a writ of execution by the recoverer to the executor.

Voluntary debt repayment

The debtor may repay the debt under the writ of execution both within the period established for this purpose and within the framework of compulsory collection. In the first case, he will not be obligated to pay the enforcement fee, and no enforcement measures will be applied. In the second case, the voluntary repayment of the debt allows you to complete the enforcement proceedings and remove all prohibitions and restrictions associated with enforcement.

If the debtor has a desire to repay the debt voluntarily, but there is no way to do it immediately and in full, in order to avoid the seizure and sale of property or other measures of influence, it is necessary to resolve the issue of postponing or installment payment of the requirement.

This is done by applying to the court that issued the act under which the recovery takes place, or to the court at the place of enforcement proceedings. In addition, you can apply with a corresponding application to the bailiff, and he, if he considers the request justified, will independently prepare a presentation to the court.

In general, when the debtor shows interest and activity in repaying the debt, both the bailiffs and the courts tend to make concessions. But installments or deferrals will not be granted just like that, just because the debtor needs it. It is necessary to substantiate the request with good reasons, for example, difficult financial situation, which is temporary, illness, high costs associated with treatment, etc. In addition, the debtor must justify the period for which he requests a deferral, or the proposed installment regime.

Enforced collection begins if the debtor fails to repay the debt within the period for the voluntary performance of the obligation. The only thing that can postpone the start date for the introduction of restrictive, prohibitive measures, the sale of property or suspend procedures is the establishment of a deferral or installment plan.

Forced debt is repaid in different ways. It all depends on the characteristics of the debt, the court decision on it, the awarded or established procedure for the execution of the executive document and other circumstances of the case.

Main options:

1. If the debtor has bank accounts and funds on them, as well as when income is received on the accounts, the bank may be the direct executor. In this case, the credit institution starts execution after receiving the enforcement document either from bailiffs or from the creditor. Under certain conditions, the bank may be both the creditor-collector and the executor.
2. If the debtor works, the writ of execution may be sent for direct execution at the place of work. From debtors-pensioners, the debt is collected by deducting a certain percentage from the pension. The direct executor is the FIU. Foreclosure on wages, pensions and other income is possible only in three cases:
3. repayment of debt - payment of periodic payments, for example, alimony;
4. it is necessary to collect a debt in the amount of up to 10 thousand rubles;
5. the debtor does not have money and property to repay the debt in full.
6. In a situation where the debtor has no income, with a large amount of debt that cannot be repaid by periodic payments, in other situations where the debt cannot be collected in full, the bailiffs decide to seize the property and funds of the debtor. In the future, the property is sold at auction.
7. If there is no property, and there is no income at the expense of which the collection can be carried out, the debt actually “hangs”. Periodically, bailiffs will check whether the debtor has assets, a place of work or other sources of income. The result may be the end of proceedings and the return of the writ of execution to the recoverer due to the impossibility of execution. True, this does not deprive the creditor of the right to re-apply, which entails a restart of the entire procedure.

The timing of the execution of a writ of execution by bailiffs in practice varies greatly in time. The fact is that only actual performance can speak of performance, which is far from always possible. As a result, many cases last for years, stop, end, resume again. And then either the creditor will get tired of waiting and will no longer insist on continuing the process, or the debtor will return the debt, or gradually the entire debt will be collected from him.

A standard enforcement action on a writ of execution (enforcement proceedings) lasts 2 months. An executive document or law may establish a different deadline for fulfilling the requirement. Suspension of proceedings, installments and delays, postponement of enforcement actions in time are not included. Therefore, enforcement proceedings can last for years, as well as the actual collection of debts.