What the bailiffs in the apartment can describe. What property is not subject to seizure by bailiffs: list and explanations
The Federal Bailiff Service (FSSP) is an executive body whose main task is to ensure the entry into force and execution of a court order. The FSSP is under the jurisdiction of the Ministry of Justice of the Russian Federation.
The organization is headed by the director of the FSSP - the chief bailiff of the Russian Federation. On December 29, 2008, he was appointed to this post Artur Olegovich Parfenchikov... The first deputy director is currently Sergey Vladimirovich Sazanov.
Subordinate to the central office of the Service are territorial bodies FSSP located in all subjects of the federation. At the head of the territorial subdivisions are the chief bailiffs of the constituent entities of the Russian Federation, in their subordination are already the smallest structural units - the district departments of the FSSP. Bailiffs usually belong to one or another department of the FSSP.
Duties of bailiffs
The work of the FSSP is regulated by a number of laws and decrees: in particular, the Federal Law "On Bailiffs" and the Presidential Decree entitled "Questions of the Federal Service of Bailiffs".
According to Russian law, bailiffs are divided into bailiffs to ensure the established procedure for the activities of courts and bailiffs.
Most often, citizens are faced with bailiffs, who may demand, for example, pay off debts for a loan or a car fine. The bailiffs to ensure the established procedure for the activities of the courts interact only within the framework of the judicial process.
All bailiffs must have a certificate and have the right to carry weapons. The duties of the bailiffs-executors include:
- timely execution executive documents;
- consideration of applications for enforcement proceedings and petitions;
- putting the debtor on the wanted list and establishing his whereabouts within the framework of the law, etc.
The bailiffs have the right:
- receive personal information about a person as part of the execution of a court decision;
- request the necessary information from the debtor's employer;
- have access to the premises occupied by the debtor, seize property and seize the property of the debtor;
- to seize money and valuables in the amount specified in the executive document;
- receive assistance from employees of internal affairs bodies, migration registration bodies, FSB officers and others.
Bailiffs are allowed to use physical force and / or firearms in the event that all other measures have not yielded the desired result (for example, when a debtor is trying to escape).
At the same time, the bailiff is obliged to warn of the intention to use weapons or physical force, and if used, to provide the victims with medical assistance. The actions of the bailiff can be appealed in court.
What bailiffs are not allowed to do
Despite the broad powers, bailiffs have certain restrictions in their actions. In particular, bailiffs are not allowed to:
- appear on the doorstep of the debtor's house from 22:00 to 6:00 on weekdays, as well as on weekends;
- take any action without a court order;
- describe the property of the debtor without his presence;
- describe property not acquired by the debtor;
- take the following categories of property on account of the debt: the debtor's only housing, the amount of money that makes up the subsistence level, food, decorations and objects that are sources of income for the debtor.
A demand came from the FSSP about the need to repay the exorbitant amount of the loan in the shortest possible time and the first thought of the dumbfounded person was to study in detail the powers of bailiffs in collecting debt in order to protect themselves from abuse.
The chain "debt - court - bailiff"
Many fellow citizens have unfulfilled debts. These can be loans and borrowings, unpaid alimony, rent arrears, fines, etc. The reasons for insolvency are different for each debtor, but when the parties cannot resolve the issue in a claim procedure, the case is taken to court.
The proceedings last more than one month, and if the plaintiff's claims are legitimate, they are provided with a full package of documents, the court makes a decision to collect debts by compulsory procedure. A writ of execution with a resolution is sent to the bailiff service. In this case, losing part of the property to cover the debt is a real prospect, because the powers of the bailiffs also imply such a scenario.
No matter how clouds gather overhead, self-control and knowledge regulatory framework, regulating the activities of the FSSP, will help to get out of the situation with the least losses, as well as to avoid violation of rights.
Law is law
The powers of the federal bailiff service affect the complex property and financial sphere of the legal and public interests of citizens and legal entities... The measures of influence are harsh and cause great public outcry. Therefore, the activities of the FSSP are governed by an extensive legal framework:
- The Constitution of the Russian Federation;
- Federal Law No. 118 "On bailiffs";
- Civil Code and the civil procedure code;
- Administrative Code of the Russian Federation;
- Federal Law No. 135 “On appraisal activities”;
- Regulations on the Federal Bailiff Service;
- Regulatory legal acts of the Ministry of Justice.
The bailiffs are also based on other laws, bylaws, instructions and orders.
Armed with such an impressive help from the state and having invaded the life of a financially insolvent citizen, the bailiffs describe in detail the scope of their powers, paint in black colors the sad fate of the defendant, keeping silent about the rights of the latter. But they are!
The defendant should first look at the Federal Law "On enforcement proceedings». The document prescribes in detail the rights and obligations of the person in debt, the possibilities of the bailiffs.
Powers of bailiffs
Article 12 of the Federal Law "On Bailiffs" provides for the following rights of an official to collect debts:
- Process the personal data of the person in debt. The receipt of data should be prompted by measures to enforce the court decision. The bailiff has the right to make inquiries to banks and other financial institutions for the presence of deposits, shares, and other financial instruments belonging to the debtor. The performers actively interact with the traffic police service to establish the defendant's movable property. A representative of the executive branch can make inquiries with other departments.
- Summon the debtor and other persons involved in the proceedings to the FSSP department with a summons.
- The powers of bailiffs when collecting a debt allow you to request property declaration citizen. Providing false information is subject to criminal liability in the form of a criminal fine of up to 100 thousand rubles or compulsory work up to 180 hours.
- To declare the debtor on the wanted list, as well as his property. Until 2011, only law enforcement agencies were looking for defendants of court decisions, but Dmitry Medvedev (the President of the Russian Federation in those years) shifted such responsibilities to the bailiffs. The FSSP has the right to search for unlawfully detained minors in the event that there is a court decision to return the child to the applicant.
- More recently, bailiffs have been empowered to enter the debtors' premises (owned or occupied) and inspect them, and, if necessary, open them.
- After that, the property can be seized with the transfer for storage or its sale.
- By the Decree of November 17, 2015 No. The Supreme Court The Russian Federation allows the imposition of an arrest or prohibition of orders on the only housing or other real estate of the debtor. The land, where the sanctioned object is located (if, of course, it is private house or cottage).
- The seizure can be imposed on the bank or other financial accounts of the debtor, on vehicles and real estate. Measures are being taken to withhold part of the salary to pay off the debt.
- Article 67 on enforcement proceedings provides for the restriction by bailiffs of a person with unpaid debts of more than 10,000 rubles to travel outside the Russian Federation. In this case, their powers provide for the direction to the debtor of a resolution on such a decision on the basis of a judicial act. The restriction is introduced only for non-property debts: loans, loans, fines, alimony.
- On January 15, 2016, Federal Law No. 340 entered into force, which provides an opportunity to restrict the right to drive vehicles of all categories and types of citizens who do not fulfill debt obligations in the amount of 10,000 rubles or more. You will have to walk until the person extinguishes the court's demand. However, if transport is the only source of income, it will not work to limit the driver's license. The order on such a decision must be handed over to the defendant in person against signature with the provision after this 5-day period to get rid of debt encumbrances.
How debtors' rights are violated in enforcement proceedings
- The bailiffs have seized property that is prohibited from collection by procedural law. These are products, household items, clothing, equipment for professional activities, vehicles for the movement of a disabled person and some other things.
- The bailiff seized the accounts for the transfer of social benefits, the money was written off in full, as well as without notifying the debtor's decision by a copy of the decree and without providing a mandatory 5-day period for paying off debts.
- Arrest without a resolution within the framework of enforcement proceedings (drawn up by the bailiff). Or the discrepancy between the form of the Resolution and the model established by law.
- The arrest must be carried out in the presence of attesting witnesses.
- Inspection, search and search of premises are different procedural actions. If the bailiffs turn everything "upside down", challenge the actions of employees in court.
- Inventory of property owned by third parties. In this case, the abuse of authority by bailiffs is challenged through the competent authorities. The guarantor for loans is liable on an equal basis with the debtor.
- In general, the debtor has 10 days to appeal the arrest procedure. Statistics show that there is more than enough abuse, deliberate or due to low qualifications of bailiffs. Therefore, in 70% of cases, the courts partially or completely satisfy the claims of a citizen who has lost his blood wealth. Also, the debtor has the right of priority redemption of property at auction. As a rule, an arrested TV and other things are sold for nothing, and a person or his relatives have every right to "buy back" what was lost. FSSP has no right to refuse. Rights
The defendant's rights before the FSSP
When bailiffs get down to business, their powers have certain boundaries. The opportunity to protect himself as a citizen is provided by article 50 of the law on the enforcement process. A citizen has the right:
- Get acquainted with the package of documents of the executive case;
- Make extracts;
- Make copies of documents;
- During the process, submit petitions and provide additional papers and materials;
- In the enforcement process, provide explanations in writing or orally (the former is preferable);
- Give your own reasons for non-payment of debt on paper;
- Submit objections to the actions of participants in the enforcement case;
- To issue an amicable settlement through the court with the plaintiff during the execution of the decision to collect;
- Appeal against decisions of officials of the FSSP, make recusals, submit applications.
Ingenuity and loyalty to help
The bailiff informs (summons) the participants in the case about the upcoming legally significant actions of the enforcement proceedings through modern means of communication, a summons, a telegram.
Notices on paper are handed in personally against signature. A representative of the FSSP can also transfer the papers to an adult family member living together under his signature and with his consent.
Recent changes in the enforcement process give bailiffs the power to seize property without prior notice. However, during the next period after the inventory, the working defendant will be notified of the actions that have taken place. It does not matter whether the person was present during the procedure or not.
When arrest is imminent, we advise you to take all your valuables out of your home. You can hide them. Authorities are not allowed to search homes without a search document. It is possible, for example, that the refrigerator was purchased on credit in the name of another person. He is not yours - he is not subject to arrest. But this will need to be documented by showing loan agreement, a check from the store, a document of purchase and sale.
If the bailiffs appear, do not insult the bailiffs in the exercise of their powers, do not threaten. Do not try to start a fight. Such actions are fraught with criminal liability with a real term.
We recommend building constructive relations with the FSSP at all stages of the executive case. Representatives of the service meet loyal debtors halfway and provide an opportunity for significant installments in debt repayment.
The bailiff abuses: complain
When bailiffs do allow abuse of power, a citizen has a real chance to challenge the actions of representatives of the executive branch. A complaint can be submitted to several instances at once: to a higher-ranking person of the FSSP, to the prosecutor's office and the court.
The document indicates:
- data of the bailiff-executor, number of the resolution, actions performed by him;
- Full name of the defendant, his address;
- Composition of violation of rights, reasons for appealing decisions, actions of representatives of bailiffs.
Exceeding authority is a serious misconduct. But in order for the complaint to have an effect, it must be properly drafted. Therefore, if possible, it is better to resort to the services of lawyers or "savvy" acquaintances, colleagues.
Still, it's better not to "hit"
No matter how contrived the person who owes money to avoid the collection of overdue payments and loans, you still have to pay. Serious restrictive measures on the part of the state for debtors and the powers of bailiffs that are expanding from year to year leave no chances for defaulters.
If the debt is completely unmanageable, you can refer to the procedure personal bankruptcy... In general, in debt hole better not to hit. Apartment bills, child support payments should be paid on time, and in an effort to satisfy consumer needs through loans, it is worth soberly calculating your own financial capabilities.
If you stopped paying on the loan - wait for a subpoena, then.
Bailiffs use many methods to collect debt. But are they entitled to arrest the debtor? We will talk about this in our article.
How does the collection take place?
As soon as the court ruling on recovery credit debt comes into force, the bank sends performance list to the bailiff service.
Having received the document, the FSSP employee opens enforcement proceedings, notifies the debtor about this, and invites him to voluntarily pay the debt within 5 days.
You have exactly 5 days to repay the debt voluntarily.
If the request of the bailiff is ignored, he has the right to go to visit you with a purpose. It should be noted that the visit of the bailiff will be legal only from 6 am to 10 pm.
The bailiffs have no right to come to you in the middle of the night.
Powers of bailiffs
In their work, FSSP employees are guided by the provisions of the Federal Law "On Enforcement Proceedings". They have been provided with a large list of rights and methods of influencing an unscrupulous debtor.
Bailiffs have the right:
- request information about the defaulter in various instances (at the place of work, in the bank, etc.);
- summon the debtor for a conversation;
- enter a citizen's home without his consent, and even open the locks on the front doors;
- to seize the property of the debtor and sell it at auction;
- seize bank accounts;
- declare a defaulter on the wanted list.
Thus, an employee of the FSSP cannot arrest you - he simply does not have such powers. If you are hiding, you will be put on the wanted list.
What cannot bailiffs take away?
Usually, the court makes a decision to withhold a certain amount from the bank account of the defaulter (up to 50% of the official income), and only in rare cases does it come to the seizure of property.
Remember that not all property can be taken away. Not subject to collection:
- Household items
Things you can't do without in everyday life. For example, bailiffs will not take the gas stove, but they can take away the microwave. This category also includes the concept of "luxury goods". For example, if you only have one TV, they will leave it. If there are two of them, one will definitely be taken away.
- The property with which you earn your living
If you are a taxi driver and use your car to make a living, they will leave the car for you. You don't have to worry about a computer either if you need it for work.
- Livestock, poultry or bees
They also cannot be removed. The exception is that you are engaged in breeding them for the purpose of earning money, that is, you are an entrepreneur.
- The only accommodation
Your apartment or the house where you live with your family will also be left behind. Conditions are your only home. If your spouse has another apartment, then your property will be arrested.
- Property of a disabled person, which he needs due to his physical condition.
This can be a wheelchair, a special car or other items necessary for movement and normal existence in society (prostheses, hearing aids, etc.).
The bailiffs can collect jewelry and jewelry - luxury items that are not needed to survive.
When does the bailiff start looking for the debtor?
The search begins if the FSSP employee was unable to establish the real location of the debtor himself or his property.
Search measures are assigned in the following situations:
- alimony debt;
- compensation for harm to health, the culprit of which was the debtor;
- if the amount of debt is more than 10 thousand rubles;
- compensation for damage caused as a result of a crime;
- execution judgment for serving compulsory works.
The law clearly regulates the procedure for declaring a non-payer on the wanted list. Events are carried out both on the territory of the Russian Federation and in other countries (subject to agreement).
The bailiff has the right to use information received from private detectives, or use the capabilities of the media. The search for the debtor is carried out by a special employee of the FSSP - the investigator.
While they are looking for you, the enforcement proceedings in the case are suspended, but not closed.
How to postpone the visit of the bailiff?
After the entry into force of the court decision on debt collection, you will be sent an account number and a requirement to deposit the entire amount of the debt on it. Exactly 5 days are given for payment.
If you have not taken any measures to pay the debt, then the seizure of accounts and property cannot be avoided.
But there is a way out - go to court with an application for a deferred payment of the debt. In the text of the application, write:
- the name of the court that made the decision on the case;
- personal data;
- the reasons why you need a delay in payments - a planned sale of real estate, going to work from maternity leave and etc.;
- evidence that soon your financial situation will improve and you will be able to pay off your debt.
It is important to file your application on the day the court delivered its verdict in your case. If the judge finds your reasoning convincing, he will meet you halfway.
An application for deferred payments is submitted to the court that made the decision to collect the debt.
While the court is considering your application, you have the right to demand from the bailiffs to postpone actions to collect the debt.
If you managed to get an extension, the FSSP employees are not allowed to come to your home. If they nevertheless decide to look at you "for the light", you can with a clear conscience not let them into the house.
It is better not to bring the case to court and pay off your debts on time. Otherwise, you can lose not only money in bank accounts, but also honestly acquired property.
To check whether enforcement proceedings are underway against you, you need to go to the official website of the FSSP and enter your personal data in a special window. The system will show all of your outstanding debts, if any.
Today, many Russians have debts, which are increasing every year. If we look at the numbers, then arrears individuals in front of banks on bad loans in 2019 increased to almost 4 trillion rubles (in the first six months of 2019, 4 million enforcement proceedings were received by the FSSP to recover bank debts worth more than 2 trillion rubles). In addition to bank debts on loans, the population has debts for alimony, for utility services, fines that have not been paid, and the like. This situation indicates that bailiffs will knock on Russians' doors much more often this year.
In this publication, we will help you figure out what bailiffs are entitled to, what they can take, and what types of income, and what property cannot be recovered from the debtor in court.
Issues covered in the material:
Property not subject to collection for debts
Referring to Article 446 of the Civil Procedure Code, you can find a list of property that, on the basis of executive documents, cannot be recovered from a citizen. If a person lives in an apartment, and this housing is the only premises that are in the ownership suitable for these purposes, then the debtor cannot be evicted from it. If the person in debt lives in a private house located on land plot, and this is his only housing, then it is also impossible to collect it. In the case when the debtor owns several apartments or houses, then, depending on the amount of the debt, according to the law, part of the real estate (apartment or house) will be taken away.
But there is an exception here: housing purchased with a mortgage does not fall under the rule of "inviolability of the only home." despite the fact that minor children are registered in the apartment. This will not be an obstacle for bailiffs.
List of property not subject to collection by bailiffs
Property not subject to collection by court for debts by employees of the Federal Bailiff Service:
- Bailiffs do not have the right to seize personal belongings, in particular shoes and clothes, household items and furnishings. The exception is luxury items and jewelry.
- The property that is required by the debtor for professional activities cannot be taken away. The exception is items exceeding one hundred minimum wages established by federal law. For example, if a debtor citizen makes a living by baking cakes, then they cannot take the oven and baking dishes from him.
- Also, pets and livestock that are used for personal purposes, seeds used for a new sowing cannot be selected. This rule applies to situations not related to doing business. In other words, if the debtor raises chickens for food, then they will not be taken away, but if the chickens are intended for sale and profit, then they can be withdrawn from the debt.
- Also, bailiffs have no right to withdraw funds, the amount of which is not less living wage on the debtor himself, as well as on persons who are dependent on him. They do not have the right to take away food.
- They will not take away the fuel that the family needs for the entire heating season and for cooking every day.
- In the case when the debtor citizen is disabled, the bailiffs cannot pick up vehicles and things that he needs for health reasons.
- For debts, state awards, prizes, commemorative and honorary signs issued to the debtor as awards will not be selected.
Income not subject to collection by court for debts
Before going home to the debtor in order to seize his property, bailiffs send inquiries to the bank to obtain information about where the money of the indebted citizen is kept. This is done for the reason that collecting a debt from a bank account is much easier than taking away household appliances at home from disgruntled households for subsequent sale at an auction.
But not all types of income can be used to pay off debt obligations. Referring to Article 101 of FZ-229 "On Enforcement Proceedings", you can familiarize yourself with the list of incomes on which it is prohibited to foreclose.
The list of incomes, on which bailiffs are not entitled to foreclose:
- Financial assets that are paid to a debtor citizen as compensation for harm caused to health.
- Monetary amounts, which are paid to citizens who received various injuries in the line of duty - contusions, injuries, trauma. This includes the amounts received by family members in the event of death (death) of the above category of persons.
- Financial assets that are paid in connection with the death of the breadwinner as compensation for harm.
- Payments of a compensatory nature that are made at the expense of the constituent entities of the Russian Federation, funds federal budget, local budgets to citizens who have suffered as a result of man-made or radiation disasters.
- Financial means paid for the maintenance of children who have not reached the age of majority at the time of the search for their parents.
- Funds that are paid as alimony.
- Payments (compensation) made from the local budget, federal budget funds, budgets of the constituent entities of the Russian Federation to persons caring for disabled people.
- Cashthat are insurance coverage for compulsory social insurance... The exceptions are old-age pension, temporary disability benefit and disability pension.
- Cash payments made every month or annually that are accrued specific categories citizens on the basis of legislative acts of the Russian Federation. These include compensation for the purchase of drugs, travel compensation and more.
- Pension payments issued from the federal budget in the event of the loss of a breadwinner.
- A number of compensation payments determined by the legislative acts of the Russian Federation on labor. In particular, payments in connection with a business trip for business purposes; in connection with the wear and tear of tools that belong to a citizen-employee; in connection with the direction or transfer to work in another region. This includes money that is paid by the enterprise in connection with the death of relatives, with the registration of marriage, in connection with the birth of a child.
- Pension payments made at the expense of the constituent entities of the Russian Federation in connection with the loss of the breadwinner.
- Cash representing maternity (family) capital, agreed Federal law dated December 29, 2006 No. 256-FZ "On additional measures state support families with children ”.
- Cash payments made from the budgets of the constituent entities of the Russian Federation, from the federal budget, extrabudgetary funds state structures, local budget funds, persons who have children.
- Social cash allowance allocated for the burial of the deceased.
- Monetary amounts of material assistance issued at a time from the budgets of Russian subjects, at the expense of foreign states, federal budget funds, extra-budgetary funds, interstate organizations, foreign and domestic organizations in connection with such cases:
- terrorist acts;
- emergencies or natural disasters;
- death of family members;
- as humanitarian aid;
- encouragement of the monetary plan for rendering assistance in the prevention, detection, disclosure, suppression of actions of a criminal nature or terrorist acts. - Compensation payments, if they are provided for by the legislation of such a plan: the cost of travel documents to the place of treatment and on the way back. If the travel of the accompanying person is compensated by law, then this amount is also compensated.
- Compensation payments in full or in part from the employer for the cost of vouchers to health resort institutions located in Russia. These funds are paid to people with disabilities, family members of employees who do not work in this organization, the employees themselves. Tourist packages are not included here. Funds for full or partial reimbursement of costs for the purchase of vouchers for children to health and spa facilities located in Russia. Children are under 16 years old.
Please note that quite often the FSSP writes off the debt as uncollectible, for example, in 2019, according to Federal Service bailiffs in Russia can be written off about 1 trillion rubles of debts of individuals to banks due to the impossibility of collection.
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