The powers and rights of bailiffs are strictly limited by law (N 118-FZ On Bailiffs) and I want to tell you what actions on the part of bailiffs can be considered legal. Bailiffs, or more correctly the FSSP (Federal Bailiffs Service) - is a enforcement agency and is also an executive authority that performs the functions of ensuring the established procedure for the activities of courts, as well as the execution of judicial acts and acts of other bodies. In simple words, the FSSP ensures the execution of court decisions, if, for example, by a court decision, the debtor was ordered to pay a certain amount of money, then the bailiffs just collect this amount from the debtor, unless of course he refuses to make payments on a voluntary basis. That is, the bailiffs force the execution of court decisions, force individuals and legal entities to execute the court decision and carry out a set of measures to influence the debtor and force him to fulfill his obligations.

What rights do bailiffs have and what actions are considered legal?

If we refer to Article 12 of the Federal Law on Bailiffs, then we can understand what rights and powers are vested in the employees of the FSSP service.

When conducting the process of enforcement of judicial acts and acts of other bodies, which are provided for by the law on enforcement proceedings, the bailiff has the full right to the following actions:

• Take actions for the timely, correct and full implementation of the requirements of executive documents;
• Also, bailiffs can provide materials of enforcement proceedings for review, and extracts and copies can also be made from these materials. These materials are provided only to the parties of enforcement proceedings;
• Also, bailiffs can consider applications of the parties in enforcement proceedings, consider petitions and issue relevant decisions on this matter, while also explaining the terms and procedures in which decisions can be appealed;
• Also, the bailiff is obliged to recuse himself if, in the course of the enforcement proceedings, circumstances have arisen that may raise doubts about his impartiality. That is, if the bailiff has an interest in the outcome of the case, then he is obliged to recuse himself;
• Has the right to receive and process personal data, but there is a condition that the data is necessary for him to timely, correctly and fully fulfill the requirements of executive documents;
• The bailiff has the right to put the debtor on the wanted list under the executive documents, as well as the search for his property or child, if the executive document contains requirements for the selection of the child and his transfer;
• Also, the bailiff has the right to conduct proceedings on cases of administrative offenses;
• Also, in the course of enforcement actions, he has the right to receive the information he needs, as well as personal data, any explanations and references;
• If the bailiff transferred a writ of execution to the debtor at the place of work, then he has the right to check the employer for compliance with the requirements of the transferred document and check whether any financial documentation is maintained on this document;
• May give instructions to both individuals and organizations that participate in enforcement proceedings, the necessary instructions on issues related to the performance of specific enforcement actions;
• The bailiff has the right to enter the premises and storages occupied by the debtor or premises owned by the debtor. To conduct inspections in these premises, has the right to open them, and, according to the rulings of the relevant court, to perform actions of the same type in relation to storage facilities and premises occupied by other persons or belonging to these persons;
• Has the right to seize, seize and transfer for storage, as well as sell any seized property, with the exception of property excluded from civil circulation on the basis of the law;
• Also, the bailiff has the right to seize the funds, as well as any valuables of the debtor, which are on accounts, deposits and stored in banks and any other credit organizations, in the amount indicated in the executive document;
• The bailiff has the right to use non-residential premises, but with the consent of the owner, as a repository of seized property, the owner of the premises is also responsible for the storage of this property. It can also use the transport of both the claimant and the debtor to move property, all costs associated with these actions are borne by the debtor;
• If the executive document does not clearly indicate the methods and procedure for its execution, then the bailiff has the right to apply to the court, body or official that issued this document with an appropriate statement to clarify the method and procedure in which the requirements of the executive document are met;
• Has the right to call citizens and officials involved in the proceedings on executive documents;
• During the performance of enforcement actions, the bailiff has the right to check identity documents from persons who participate in enforcement proceedings;
• In the course of conducting proceedings on the search for a debtor or his property, also a child, the bailiff has the right to make requests to data banks of operational and reference search information, also has the right to process personal data necessary for the production, as well as any information about persons and their property, also has the right to check identity documents of a citizen, if the bailiff has reason to believe that the property or the citizen himself is wanted, the bailiff can also identify the person, conduct interviews of citizens, make inquiries and study documents, conduct inspections of property and inspection of premises, buildings and structures, plots of terrain occupied by wanted persons or if these types of property belong to the indicated persons.
• In the course of carrying out and performing their official duties by the bailiff, they can seek help from employees of the internal affairs bodies, migration registration bodies, federal security service bodies, bodies that have the authority to protect the population and territories from emergencies, as well as other state authorities and local self-government bodies, as well as to the military personnel of the internal troops.
• Also perform any actions to which he is entitled by the Federal Law on Enforcement Proceedings;

As you can see, the FSSP employees have a fairly wide range of powers and all of the above actions performed by the bailiff will be absolutely legal, but if you understand that the bailiff is not acting on the basis of the law, then be sure to write a complaint to a higher official about his actions, and you also have the right to complain to the prosecutor's office or file an application for illegal actions of an official in court. Be sure to use the information obtained from the article and know your rights, and I wish you good luck!

The presence of a citizen's debt entails not only the blocking of bank cards and the seizure of wages, but also certain types of property in order. defined by law.

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At the same time, not all debtors know what else bailiffs can seize and in what order, not to mention debt collection measures - from the suspension of a driver's license to a ban on traveling abroad. And this is not the limit.

Basic moments

According to the latest statistics, there are approximately 40 million people in Russia who, for one reason or another, are in arrears on credit obligations or on current payments in the utility services regime. And what is characteristic - the growth of debtors increases by several percent every year due to a decrease in the standard of living and loss of solvency.

However, the law is the same for everyone, and a citizen who has assumed financial obligations must repay them within the time period established by the schedule. Otherwise, he is waiting for the forced collection of debt already with the involvement of bailiffs, whose duties include the strict execution of court decisions and orders on the basis of an earlier court session.

Normative base

Even if there is a court decision to repay the debt, not all defendants are ready to pay off the existing debt, not only because they do not have the funds, but because they believe that they have a good reason for the formation of delays, and their debt should be forgiven. But the law also protects the rights of creditors, who have the right to count on the return of previously provided funds to the borrower.

So, to debtors who do not want to execute court decisions on a voluntary basis, a number of measures are applied, the executors of which are the Federal Bailiffs Service, acting only within the framework of regulations.

Which things

By virtue of Article 446 of the Code of Civil Procedure of the Russian Federation, items for individual use are not subject to seizure, but with some exceptions.

Bailiffs have every right to take away jewelry, as well as luxury items that are not necessary, that is, the same fur coats, if there are several of them.

Bailiffs are not entitled to confiscate other things, for example, dresses, trousers, shirts, even if the wardrobe is very impressive.

Furniture from the apartment

Furniture is exactly the same property as real estate, which is why bailiffs can seize, despite the size, sofas and wardrobes, as well as furniture walls.

However, they are not entitled to completely empty the apartment, given that the necessary minimum for personal use must be left.

For example, if 4 people are registered in the apartment, at least 4 chairs, a table, as well as several beds will not be taken away. By the way, they will not be able to withdraw items that do not belong to the debtor, but, for example, to his grandmother or wife.

car

As a rule, in order to pay off an existing debt, the first thing that is foreclosed on is money and a vehicle, given that both the first and second are quite easy to withdraw.

However, there are some restrictions regarding the machine.

So, within the framework of Article 446 of the Code of Civil Procedure of the Russian Federation, a car cannot be picked up if it is a way of obtaining a livelihood, which is relevant, for example, for taxi drivers or freight forwarders.

Phones, TV and other equipment

Household appliances can also be subject to seizure on account of existing debt, but only subject to certain rules:

• If there is a warranty card for each mechanism, as well as data on the purchaser, this will make it possible to determine the owner. If the same microwave is issued by a family member, and not by a debtor, the bailiffs will no longer be able to pick up the equipment.
• Also, the penalty may not apply to all items, given that the required minimum must be left. In particular, the same refrigerator will not be touched, since the family needs somewhere to store food, but the TV and computer can be confiscated. But they will leave the stove, given that it is necessary for family members to cook food, while microwave ovens will be deprived, because porridge can also be heated on the stove.

Gift property

By virtue of the norms of Federal Law No. 229, any property that belongs to the debtor is subject to seizure, and regardless of how the property right was obtained - as a result of a purchase or a donation.

That is, the donated property will be seized on a general basis.

At the same time, I would like to separately note the transfer of the debtor's property to his relatives after the court decision on recovery was made. In this situation, the donation agreement can be challenged, given that evasion of debt repayment is clearly visible.

Money

Money is debited from bank cards and accounts of debtors in the first place.

The debt itself is formed in monetary terms and thus it is easier to cover it.

But the seized property must first be seized, evaluated and sold, and then the debt must be paid off. This involves time and certain costs.

At the same time, given that it is impossible to completely deprive the debtor of the livelihood, the law provides for a percentage of income withdrawal.

In Article 99 of the Federal Law No. 229, the amount of the penalty is first applied to the existing savings in general, and subsequently only to 50% of the monthly earnings until the full repayment of the debt.

At the same time, in a number of cases, which relate to compensation for harm to health, this restriction does not apply and recovery can be made at the rate of 70%.

pension

Retirement benefits are considered income within the law. Therefore, if there is a debt, funds are also collected from the specified payment within the framework of the norms of Article 98 of the Federal Law No. 229.

So:

• If the debt of a pensioner is less than 10 thousand on the basis of a recovery order sent to the territorial administration of the Pension Fund by bailiffs, employees of the Pension Fund are required to make a deduction.
• If there are not enough funds in the account, the amount of the debt is divided into several parts up to full repayment.

For debts

By virtue of Federal Law No. 229, practically all property that belongs to him by right of ownership can be seized from the debtor, as well as to impose a penalty on property that belongs to him partially.

That is, in fact, during the seizure, everything can be taken away, except for the necessary minimum belonging to the family, but they will sort it out later, and even then on the basis of an application for the return of part of the funds and items due to the fact that the same sofa belongs to the wife, not the husband.

Pick up a child

The child, as well as parental rights, is not the subject of property assignment.

Dad or mom cannot lose their baby, as well as the legal rights to raise him in the presence of debt.

However, if the father is a persistent evader from providing for the children and has a solid alimony debt, the mother can initiate a lawsuit to deprive the father of parental rights, of course, in conjunction with other negative circumstances in the form of abuse and evasion of upbringing. But bailiffs have no right to claim children.

Parents' property

By virtue of Federal Law No. 229, the debtor can be liable for his debts only with the property that belongs to him by right of ownership.

Items and things provided to him for rent or temporary use by other persons, including close relatives, cannot be seized.

That is, if the debtor's dad gave him his computer for a while, the bailiff has no right to seize the specified item.

Real estate (incl. single dwelling)

Residential premises, along with other property, are also subject to seizure to pay off existing debts, but only under certain circumstances.

Thus, Article 446 of the Code of Civil Procedure of the Russian Federation states that an apartment, which is the only housing of a family, cannot be confiscated to pay off a debt, regardless of its size, as well as the presence of other property.

However, if the specified housing is a pledge in a mortgage loan, the condition established by Article 446 of the Code of Civil Procedure of the Russian Federation does not apply.

Driver license

By themselves, permits for the implementation of any type of activity have no material value for third parties.

That is why a driver's license cannot be withdrawn, but their action can be suspended by order of the bailiffs.

Article 67.1 of Federal Law No. 229 states that the right to drive a vehicle may be temporarily limited, but not if the main type of employment of the debtor is related to the same driving activity.

Maternal capital

By virtue of the norms, maternity capital can be used not only to cover the basic needs of children, but also to buy an apartment or to form a funded pension for the mother.

However, the capital is still not the property of the parents, but a measure of state support, spent under the strict control of the Pension Fund.

And since money can be allocated only on the grounds approved by Article 7 of the Federal Law No. 256, bailiffs cannot withdraw these funds to cover the debt.

IP

By virtue of Article 23 of the Civil Code of the Russian Federation, an individual entrepreneur is not a legal entity, although he receives the right to conduct commercial activities.

And since a separate business entity is not created for all its debts, an individual entrepreneur is responsible with his personal property - from an apartment and a microwave oven to a tractor and a lawn mower.

In children

Debts can accumulate not only among adult citizens, but also among persons who have not reached the age of majority. Indeed, by virtue of Article 26 of the Civil Code of the Russian Federation, children from 14 to 18 years of age have the right to independently manage their funds, as well as make small household transactions, which in some cases can lead to the formation of debt.

And, nevertheless, due to minority, bailiffs cannot open enforcement proceedings against children, and therefore they bring parents to justice as legal representatives.

At the guarantor

Under part 2 of article 363 of the Civil Code of the Russian Federation, the guarantor is jointly and severally liable for the debts of the borrower to the bank, which predetermines the possibility of seizure of property from the specified person by bailiffs.

However, before the property for debt repayment is described, it is necessary to carefully study the agreement of the same loan, given that subsidiary liability may not always be present.

In a large family

The very status of debtors and their belonging to a certain poorly protected social group is not a basis for refusing to seize property.

However, given that parents with many children are obliged to take care not only about paying off the debt, but also about the needs of their children, the bailiff can set them a minimum percentage of debt repayment, of course, after the removal of things and objects that the family can do without.

If there is no property

Cases where the debtor does not have his own property are quite common. After all, some specifically arrange everything in advance for a wife or mother-in-law, while others still do not have time to acquire their own things.

However, it is still necessary to pay off the debts, which is why the collection is levied on the debtor's monthly salary in the percentage established by the norms of Article 99 of the Federal Law No. 229.

Other

Depending on the amount owed, bailiffs do not always enforce existing property and in some cases may instead take other measures to pay off the debt.

Thus, by virtue of Article 67 of Federal Law No. 229, a debtor may be subject to a temporary restriction on travel abroad, and on the basis of Art. 67.1 of Federal Law No. 229, a special right has been suspended, that is, a license to perform certain types of work has been canceled or a driver’s license has been blocked.

What are they not allowed to take?

Within the framework of Article 68 of Federal Law No. 229, bailiffs have fairly broad powers and can deprive the debtor of almost everything, with the exception of the minimum necessary for living. But, nevertheless, bailiffs are not entitled to seize certain types of property.

So, by virtue of Article 446 of the Civil Procedure Code, it is not subject to withdrawal for any amount of debt:

• an apartment or a house that is the only housing of the debtor and his family, especially if there are small children;
• the land plot on which the house is located, which is the only housing;
• items for personal use, namely clothes and shoes;
• household items, but only in the necessary minimum;
• things or items that are necessary for professional activities;
• domestic animals, namely cows, sheep, goats and items necessary for their maintenance;
• Food;
• fuel, that is, coal, which the family needs for heating;
• prizes and medals.

What to do and how to behave?

After the entry into force of the court decision on the repayment of the debt, the issue of the execution of this act is entrusted to the bailiffs, which does not at all mean an inventory of all property the next day.

To begin with, the bailiff must take some steps to eliminate the debt by blocking the same bank accounts and cards, and only if the money is not enough, resolve the issue of forcible seizure of property.

However, even after that, to begin with, a decision is drawn up to initiate enforcement proceedings and a notice is sent to the debtor about the need to repay the debt voluntarily.

And at this stage, the visit of bailiffs home can be avoided if you personally come to the service and draw up a schedule for paying off the debt in stages.

If there was no visit, the bailiffs are in any case obliged to notify of their appearance and purpose, and only then visit the debtor.

At the same time, even when a bailiff appears on the threshold, you should not panic, since only the personal property of the debtor has the right to describe.

By the way, it should be remembered that the actions of bailiffs can be challenged and some things can be returned if they are jointly acquired property, but only on the basis of an application and supporting data, that is, checks and receipts.

What will happen next?

By virtue of Article 84 of Federal Law No. 229, to begin with, the bailiffs, in the presence of attesting witnesses, draw up an inventory of the property, and then they seize it and place it in storage or leave it to the debtor, but with the delivery of an order to arrest individual items.

At the same time, as a rule, this procedure applies to objects of large dimensions, which are very difficult to transport.

Other things are placed in specially equipped storage facilities, for which authorized persons are responsible on the basis of a decision.

Who and how will evaluate the seized?

Naturally, the next step is the valuation of the property by the bailiff himself, based on the available market prices and the degree of wear.

However, if the seized items are classified as specialized, an appraiser is involved on the basis of a decision, and a copy of the information on the value of the items received is sent to the debtor.

If he does not agree with the amount, he can protest it and involve another appraiser at his own expense.

Sale of property

As a rule, if the total amount of the things described by virtue of Article 87 of the Federal Law No. 229 does not exceed 30 thousand, the debtor can sell them independently.

However, if there is property for a larger amount, specialized institutions are involved in the manner prescribed by Article 87 of the Federal Law No. 229.

Then, for 30 days, items from the inventory are offered for sale.

If no one wants to buy them, on the basis of the decision of the bailiff, the price is reduced by 15%.

However, if the property still has not found its buyers and after the next month, everything is transferred to the claimant at a price 25% lower than the previous value.

At the same time, the recoverer is not obliged to accept the debtor’s things in kind, and may refuse to accept them, which is why, in the absence of the opportunity to sell something or transfer it to pay off the debt, everything is returned to the debtor and, accordingly, the issue of repaying the debt is resolved using other measures.

What documents must the employee present?

The seizure of property to pay off the existing debt is carried out only on the basis of documents, the list of which is approved by Article 80 of the Federal Law No. 229.

During a personal visit, the bailiff is required to present:

• certificate of an employee of the FSSP;
• decision to seize property.

What if you don't live alone? Can they take it from a wife at the expense of her husband?

The law strictly protects the property rights of every citizen. That is why it is impossible to collect a debt from the debtor's wife according to the law.

However, if the couple owns property acquired during marriage, part of the apartment may be arrested, but only after it is allocated to shares in kind.

Is it possible to avoid the arrival of employees?

Compulsory seizure of property is applied only if the debtor does not wish to execute the court decision on his own.

However, if, after drawing up the decision on enforcement proceedings and receiving it in person, he personally appears at the FSSP and draws up an application with the procedure for repaying the debt, the bailiffs will have no reason to visit the house already.

Is it possible to return what was taken?

The law allocates at least 30 days for the sale of property, and in fact, on the eve of this, an appraiser is also involved, who can also make calculations throughout the month. As a result, the debtor has time to pay off the debt and return the seized property or to challenge the actions of the bailiffs, for example, if the wife’s things were seized.

How to protect yourself?

The best option to avoid the visit of bailiffs is a contractual debt repayment regime both with the creditor himself at the pre-trial stage of the proceedings, and already with bailiffs who are not interested in messing with old microwaves and sofas.

How to unblock bank cards?

As a rule, the first action of bailiffs is to block the debtor's bank accounts, which automatically implies the arrest of cards, including salary ones.

And since the bailiff does not have information about which card the debtor has - salary or deposit - everyone blocks.

Bailiffs implement court orders when the debtor refuses to comply with them voluntarily.

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At the same time, the official is endowed with broad measures of influence that can be applied to debtors.

The work of the FSSP

The main task of the FSSP is the implementation of the execution of court decisions. Currently, the number of non-payers on utility bills, fines, taxes, maintenance obligations, loans, etc. has significantly increased. The number of lawsuits against debtors has accordingly increased.

After the court recognizes the obligations as legitimate and the requirements are objective, its decision is sent to the bailiffs.

It is this service that takes measures to execute the court verdict as soon as possible. The debtor has the opportunity to voluntarily pay off his obligations within the time limits set by the bailiffs.

So that the bailiffs can use a special one, which is posted on the official website of the FSSP. You can also pay your debt there.

The legislative framework

The main regulatory legal acts that regulate the procedure for the activities of FSSP employees are:

• "On bailiffs";
• "On Enforcement Proceedings".

The first legislative act approves general provisions regarding the legal status of these officials, the rights and obligations of bailiffs, and the system of their subordination. The second is aimed at practical application.

They determined the procedure for the execution of judicial and other acts. This law is guided by bailiffs in their daily activities.

Rights and obligations of bailiffs

The FSSP is represented by its employees - bailiffs. These officials are endowed with broad powers to achieve their goal - control over the execution of a court decision.

Bailiffs have the right to enforce a court order against a person who has a debt, forcibly.

If the bailiff decides to seize the debtor's property in order to sell it on account of the debt, then he is obliged to follow the procedure approved by law.

In particular, he is under an obligation to give timely notice of the place and date of the seizure. Such a letter is sent within 2 months after the debtor does not pay the funds voluntarily.

The notification is addressed to the place of permanent registration only if the person does not report a change in it. Even if notice is not received due to concealment of information about the move, the debtor will be considered notified.

For execution proceedings

In the process of enforcement proceedings, bailiffs pay a visit to the debtor, which is regulated by federal law.

At the same time, the legislator gives the right to officials to enter the premises owned by the debtor. If there is an obstacle to this, then the bailiffs have the right to break the door or open the house, even if the person is not at home. But this must be the permission of the senior bailiff.

The law provides for certain restrictions:

• the bailiff cannot pay a visit earlier than 6 am and later than 22 pm, as well as appear on weekends (exceptions to this rule are provided for in the law);
• threaten life or health;
• visit the debtor's housing when he regularly fulfills the orders of the court;
• visit the debtor when the installment is granted by the court verdict.

If a person who has a debt is put on the wanted list, the enforcement proceedings against him may be suspended.

For seizure of property

Representatives of the FSSP are to the debtor for the purpose of his further on account of the debt.

On the basis of the Federal Law "On Enforcement Proceedings", the procedure for the seizure of property is carried out in the presence of attesting witnesses.

The process is formalized by an act of seizure, in which the bailiff, witnesses and the debtor himself sign. If any of those present refuses to put their signature, then a note is made about this. At the same time, the legal force of the document is preserved.

For debt collection

The rights of the bailiff of the executor in the process of debt collection:

• take measures to search for property and bank accounts of the debtor by sending requests;
• impose and write off funds from them to pay off debt;
• seize property, seize it for sale at auction;
• outside the Russian Federation;
• suspend the right to drive vehicles.

In this case, no actions contrary to the legislation of the Russian Federation should be performed.

All procedures are implemented in strict accordance with regulatory legal acts.

For alimony

Alimony obligations that are not fulfilled within the prescribed period also fall into the bailiffs' data bank.

Malicious defaulters can be subjected to a variety of measures of influence in order to stimulate the payment of debt.

Bailiffs issue a decision on a ban on leaving the territory of the Russian Federation or seize property.

In the process of seizing property, it must be taken into account that not all items of property can be arrested and sold.

are:

• objects of daily household use (including food, utensils, clothes and shoes);
• cash or non-cash funds, the amount of which does not exceed the subsistence level approved by the state;
• objects that are used to earn money, for example, a car for a taxi driver;
• living space, which is the only place to live, with the exception of mortgaged apartments;
• property used by the disabled person, such as a special vehicle;
• property owned by members of the debtor's family, which is confirmed by documents;
• spouse's property.

What actions can they take?

So, in the process of implementing their functions, bailiffs can perform the following actions:

• receive the necessary information, documents, etc.;
• give instructions to participants in enforcement proceedings;
• conduct checks with employers on the implementation of court decisions against employees;
• enter premises owned by debtors, subject to the restrictions established by law;
• seize the property and accounts of the debtor, seize property for sale;
• put the debtor or his property on the wanted list;
• summon citizens participating in enforcement proceedings.

They may also carry out other actions established by law.

Do they have the right to withdraw money?

Bailiffs have the right to withdraw funds from the debtor's account. These actions are performed in accordance with the Federal Law "On Enforcement Proceedings".

In this regulatory legal act, it is certain that bailiffs can impose a penalty on any property, with the exception of cases established by law.

If it is used only to receive wages, then it is necessary to inform the bailiffs about this.

From these funds, they can collect no more than 50% of the amount of the last receipt of funds.

In fulfilling the assigned duties, the bailiff must act solely within the limits of his authority and comply (i.e., both the claimant and the alimony debtor) in order to exclude the possibility of recognizing his actions as illegal and subject to appeal.

The most effective enforcement actions of bailiffs and enforcement measures are provided for by law if:

• debt on alimony payments from the debtor is a systematic phenomenon;
• the amount of debt is more than 10,000 rubles;
• the debtor does not make contact with the official and / or the alimony collector (ex-wife or mother of the child);
• there is no appeal of the payer-debtor to the court in order to reduce the payment, etc.

In addition, due to the various difficulties that currently arise in the process, the institution of alimony legal relations has undergone significant changes in recent years. not in favor of the debtor(and taking into account the interests of recoverers of funds and officials obliged to implement enforcement proceedings). In particular:

• expanded the powers of bailiffs in relation to debtors;
• new measures of influence on debtors were determined in terms of attracting the latter to various kinds (civil law, criminal).

If any factors signal the unfair behavior of the payer, the official of the FSSP Office initiates the application of the most effective measures to influence the debtor in order to implement the executive document.

Types of powers of bailiffs

The legislation of the Russian Federation, faced with inefficient work on the implementation of court decisions and writ of execution on the issue of alimony, has significantly expanded the powers of bailiffs working in this direction. To force the "evader" to provide alimony payments, it is necessary not only "encourage", but also "compel" him to action.

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Therefore, now the employees of the UFSSP are empowered within the framework of the law:

• executive action- actions aimed at creating the necessary conditions for the implementation of the executive document and all the requirements contained therein (Article 64 of Law No. 229-FZ);
• enforcement measures- compulsory actions aimed at obtaining from the debtor funds (or his property) subject to collection, applied after the expiration of the voluntary fulfillment of requirements (Article 68 of Law No. 229-FZ).

Executive actions for the recovery of alimony

In order for an official to be able to ensure the existing court decision () on the recovery of alimony, he is obliged to perform certain executive actions aimed at this.

The parties to the enforcement proceedings (payer, recoverer, third party participants) should remember that the legal enforcement actions of the bailiff are binding debtor.

So, it's worth figuring out What is the right of a bailiff who initiated alimony proceedings:

• call to reception(subpoena, phone call) - moreover, ignoring the call by the payer is considered one of the signs of evading the obligation to pay alimony;
• request for personal data parties and other information relevant to the proceedings;
• official request from organizations or parties of information, documents, oral or written explanations that are significant in the framework of the existing proceedings;
• entrance to residential and non-residential premises of the debtor without his consent(but with the prior permission of the senior bailiff or the relevant court decision);
• and seizure of property(cash, securities) with the right to evaluate it by appraisers and transfer it to storage;
• declaration of the debtor in;
• penalty executive fee;
• temporary debtor abroad;
• special right limitation debtor (for example, to receive certain public services, such as issuing a passport, obtaining various certificates, etc.).

Enforcement actions related to the prohibition of the debtor to leave the Russian Federation, as well as the prohibition to use his special right, should be carried out by the bailiff only if:

• preliminary notification of the debtor (written notice, personal conversation);
• evasion of the payer from the voluntary repayment of debts on alimony.

According to the current legislation and existing powers, organizations (commercial and state), as well as individuals related to enforcement proceedings, must comply with the requirements and decisions of bailiffs.

Enforcement measures

In cases where the bailiff's actions do not affect the payer and the executive document is not implemented, in accordance with Art. 68 of Law 229-FZ, an official applies enforcement measures.

To measures for the enforcement of alimony relate:

1. Recovery on the debtor's property (including on having cash and securities).
2. Recovery on periodic payments that the debtor has as a result of:
   • labor relations ();
   • civil law relations (payment for work, act of work performed, etc.);
   • social relations (pensions, compensations, subsidies, allowances).
3. Collection of property rights of the debtor, such as:
   • receipt instead of the debtor of payment for the lease of property;
   • payment for intellectual activity;
   • payment of another writ of execution, where the alimony debtor acts as a recoverer, etc.

Compulsory execution is carried out after the initiation of enforcement proceedings, when does the due date expire? alimony awarded by the debtor.

Expanding the powers of bailiffs in 2017

The extreme measures of the responsibility of the debtor for alimony, as you know, are administrative and. Entered into force in 2016, Art. 5.35.1 of the Code of Administrative Offenses of the Russian Federation (providing for the possibility of applying compulsory corrective labor, an administrative fine and arrest to a non-payer) obliged bailiffs to carry out interaction with the Ministry of Internal Affairs. Police officers, as part of bringing debtors to administrative responsibility, carried out delivery and detention procedures malicious "evaders" to draw up administrative protocols.

However, in 2017, the State Duma made changes to the Code of Administrative Offenses of the Russian Federation, allowing the procedures for the delivery and detention of debtors directly by bailiffs without the assistance of the police. In accordance with the new law dated October 30, 2017 No. 309-FZ "On Amendments to Articles 27.2 and 27.3 of the Code of the Russian Federation on Administrative Offenses", signed by Vladimir Putin, bailiffs will now be endowed with additional powers:

• delivery of the debtor - forcible transfer of a person for the preparation of an administrative protocol;
• administrative detention - a short-term restriction of a person's freedom to perform the necessary procedural actions.

Such an innovation in the legislation, as its initiators believe, will greatly facilitate and speed up the mechanism for bringing alimony debtors to justice and expand the sphere of influence of officials of the FSSP Departments.

Frequently asked questions about the powers of FSSP employees

Often, persons who have alimony arrears and other debts in open enforcement proceedings, faced with quite legitimate actions of a bailiff, begin to look for illegality, abuse of authority and other signs of a violation of their rights and freedoms in these actions. Below is a list of the main questions frequently asked by payers regarding the rights and obligations of bailiffs.

Do bailiffs have the right to withhold child support?

In some cases, the alimony payer may be simultaneously the recipient of various social benefits (the mother or father of another child or several children caring for them). In accordance with paragraph 12 of part 1 of Art. 101 of Law 229-FZ "On Enforcement Proceedings", for child benefits accrued from the regional and federal budgets, as well as from extra-budgetary funds, recovery under an executive document cannot be turned. The same rule applies to:

• maternity capital funds transferred from the Pension Fund, including in the form of lump-sum payments (clause 13, part 1);
• a child's survivor's pension (clause 11, part 1);
• allowances paid for the maintenance of minor children as alimony for the period of search for their parents (clause 7, part 1).

However, since 2015, due to the amendments to the Federal Law that have come into force bailiffs are not required independently determine the target value of the funds received on the debtor's account, and may levy on all funds on the account - such an action on their part will not be considered illegal.

What to do if the bailiffs have arrested the child benefit account?

• In this case, the debtor must notify the bailiff in advance on available social benefits and provide existing documents (certificates) from the Social Security authorities, state non-budgetary funds (Pension Fund, FSS, MHIF) in order to avoid such a penalty in favor of the alimony recipient.
• If the charge has already taken place, it is necessary to apply to the FSSP for the removal of the arrest from the account to which collection cannot be made with the attachment of supporting documents, and wait for the removal of the arrest within 3 working days.

Does a bailiff have the right to seize a pension?

In the list of types of income that cannot be levied, pension is not specified(see Article 101 of Law No. 229-FZ). Therefore, the bailiff has every right to arrest her.

However, the debtor should be aware that the bailiff can withdraw no more than 50 percent of the pension no more than 50% is debited monthly to pay off the debt. Moreover, if the alimony evader’s pension is below the subsistence minimum, the bailiffs no longer have the right to arrest it (according to Article 446 of the Code of Civil Procedure of the Russian Federation, recovery in favor of the executive document cannot be levied on funds totaling more than the subsistence level of the citizen-debtor and persons dependent on him).

In the event that these requirements were not met by the bailiff, it is possible for the senior bailiff, by providing supporting documents on the transfer of funds, to wait for the arrest to be lifted.

Can a bailiff seize a credit card or account?

Alimony arrears can also “come around” for the debtor with the arrest of a credit account, as stated in Art. 70 and Law 229-FZ. However, such a measure is applicable only if the debt accumulates for a sufficient amount of time and there are no other known incomes of the alimony defaulter.

Does the bailiff have the right to enter the apartment and is consent required for this?

If this measure turns out to be necessary in the course of enforcement proceedings, then the answer is unambiguous - the bailiff may be included in residential and non-residential premises occupied by the debtor. However, in order to penetrate into a dwelling (apartment, house, room), permission is required senior bailiff.

If we are talking about malicious evasion and seizure of property (or its inspection, evaluation), bailiffs can open the debtor's apartment even without the owner or in the absence of his consent - subject to the availability of the appropriate court permission.

What to do if bailiffs commit illegal actions or exceed official powers?

Since each is a purely individual phenomenon, having its own characteristics, it is possible to specifically talk about the legality or illegality of the actions of a bailiff, only knowing all the details of the case, as well as the social status of the alimony payer and recipient, the causes of debt and many other nuances.

If, when performing enforcement actions, one of the parties (in our case, the debtor) encounters illegal measures on the part of an official or abuse of official authority (which also falls under illegal actions), this can be countered by the following methods:

1. Appeal to the bailiff himself or his higher management (senior bailiff) with a statement indicating the committed illegal act.
2. Appeal against the action of the bailiff-executor:
   • (higher management);
   • (at the location of the territorial department of the service).

In any case, the result of the appeal should be the elimination by the official of the illegal action (if such actually took place), in the form of an act or resolution (for example, on the removal of an arrest from an account that cannot be recovered, etc. ).

However before blaming the official in illegal actions or rush to appeal them, the debtor must:

Multifunctional legal center Moscow, st. Nametkina 15

Publications, 14:50 01/27/2012

The right to debt: the bailiff can break the door in the absence of the owner

Context

Being a debtor is as easy as shelling pears: untimely paid "communal", transport or land tax, alimony, delay in repayment of a mortgage or other bank loan. If it was not possible to repay the debt voluntarily after its recognition by the court, you need to prepare for communication with the bailiffs. Including their arrival "on a visit" to the house.

What does the law allow bailiffs to do, and what rights and guarantees do debtors have? Let's analyze the most common questions that arise in practice.

"Let's go peacefully"

Strictly speaking, even if your "case" fell into the hands of bailiffs, there is still a chance to disperse peacefully, without the use of measures to enforce the court's decision. According to the law, in cases of debt collection, the bailiff first of all sets the deadline for the voluntary fulfillment by the debtor of the requirements contained in the executive document. Such a period is indicated in the decision to initiate enforcement proceedings and cannot exceed five days (Article 30 of the Law "On Enforcement Proceedings"). The countdown starts from the day when the debtor received the decision.

In practice, there are often complaints: no “summon” was given to us, we did not sign documents on receipt of the decision ... Keep in mind: in fact, the law does not require that the decision to initiate enforcement proceedings be handed over to the debtor personally against signature. In accordance with Part 17 of Article 30 of the Law "On Enforcement Proceedings", a copy of the resolution is sent to the debtor at the address indicated in the executive document. As a rule, we are talking about the address of registration at the place of residence ("propiska"). “If a citizen has not notified the registration authority about the change of address of residence or place of stay, then the correspondence is sent to the last known address, and the debtor is also considered notified,” explains Sergey Sazanov, First Deputy Director of the Federal Bailiff Service (FSSP).
Those who did not have time (could not) voluntarily repay the debt within the period specified by the bailiff will face a financial sanction. Namely: in addition to the amount of the debt, you will have to pay a performance fee of 7% of the amount to be recovered.

"Open the door!"

As a general rule, bailiffs can perform enforcement actions on working days from 6 am to 10 pm (Article 35 of the Law "On Enforcement Proceedings"). "Tormenting" the debtor at night and on weekends is allowed only in exceptional cases that cannot wait for delay: when a court decision related to the holding of elections, the expulsion of foreigners from the Russian Federation, etc., is being executed. (Part 3 of Article 35). Situations with the collection of monetary debts do not apply to such cases.

The "sick" issue of bailiffs visiting the house is solved as follows. According to Article 12 of the Law "On Bailiffs", the bailiff has the right "to enter the premises occupied by debtors or belonging to them, to inspect these premises and ... if necessary, open them." In other words, the law allows the bailiff to break the door if the debtor refuses to open it. And also the bailiff can visit and "open" housing in the absence of the debtor.

To enter an apartment (house) without the consent of the debtor, it is enough for the bailiff-executor to have the written permission of the senior bailiff (paragraph 6 of part 1 of article 64 of the law "On Enforcement Proceedings"). And when seizing property that must be seized and sold to pay off the debt, the presence of witnesses is required (part 5 of article 80 of the same law). The act of seizure is signed by the bailiff, witnesses and other persons who were present at the time of the arrest, including the debtor (if he was at home) or other household members. Refusal to sign "as a sign of protest" will not play a special role: an appropriate note will simply be made in the act, without detracting from its force.

What can be taken away?

The Federal Bailiff Service explains: it is assumed that in the apartment where the debtor lives, he can own any things. Based on this, the bailiffs begin to describe any property located in the housing, on which it is allowed to impose a penalty. In such a situation, the debtor's relatives and other tenants, in order to defend the rights to their own things, need to apply to the court to release the property from attachment or exclude it from the inventory (Article 119 of the Law "On Enforcement Proceedings"). In this case, you will have to prove the belonging of things: with the help of receipts, contracts, testimonies, etc.

As for the list of property that cannot be levied, it is listed in Article 446 of the Civil Procedure Code of the Russian Federation. The Code of Civil Procedure refers to "untouchable" things, in particular, food and money "for a total amount not less than the established subsistence level of the debtor citizen himself and his dependents"; "objects of usual home furnishing and use", items of individual use (clothing, shoes and others), with the exception of jewelry and other luxury items.

Debtors often have questions: can a refrigerator, stove, washing machine, computer be seized? The FSSP responds that the first two "aggregates" are recognized as necessary to maintain normal life, so they are usually not included in the inventory of property for arrest. A washing machine may be considered a "life necessity" if the family has small children and/or the debtor is disabled. The computer, alas, is likely to be arrested. There is a chance to achieve its preservation if the PC serves as a "production tool" for the debtor: that is, when a citizen officially has a job related to performing tasks on a computer at home (designer, programmer working "remotely", etc.).

As for the housing itself, as a general rule, it cannot be arrested and seized if it is the only one suitable for permanent residence of the debtor and members of his family. However, remember the exception: if an apartment or house is purchased on a mortgage, then they are easily arrested and transferred for sale in case of mortgage debt.

Anna Dobryukha

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Being a debtor is as easy as shelling pears: untimely paid "communal", transport or land tax, alimony, delay in repayment of a mortgage or other bank loan. If it was not possible to repay the debt voluntarily after its recognition by the court, you need to prepare for communication with the bailiffs. Including their arrival "on a visit" to the house.

14:50 27.01.2012

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