What to say to bailiffs about alimony. Collection of alimony through bailiffs: the procedure for interaction
Divorce is always an unpleasant and difficult process, especially difficult for children. Parents should be aware of the need to protect the interests of their child. Many act dishonestly, evading the payment of alimony. In such situations, you can not do without the services of bailiffs. Knowing the features and nuances of their work, it will be much easier to defend the rights of the child.
Bailiffs perform the functions of collecting alimony payments and debts from non-payers by decision (decree) of the court.
Their work is carried out in the prescribed manner and is regulated by certain rules and regulations.
Responsibilities of the FSSP
If the spouse is unwilling to pay the money required by law for the maintenance of the child (alimony) after the divorce, authorized persons, who are called bailiffs, are involved in their collection. Their main responsibilities include:
Important! If the defaulter is hiding, the bailiff is obliged to put him on the wanted list.
In their activities, bailiffs in order to collect a debt can seize the money of a defaulter. According to Article 101, paragraph 1, paragraph 7 of the Federal Law No. 229-FZ of October 2, 2007 “On Enforcement Proceedings”, alimony, that is, money for the maintenance of children, cannot be used to pay off other debts (for example, on a loan or utility bills).
If the bailiff for any reason has seized the funds paid as alimony, you must contact the head of the regional bailiff service or the court to cancel this order.
Grounds for applying to bailiffs
To open a case on the payment of alimony, a person claiming to receive them must provide the official with one of the mandatory grounds.
These include:
- writ of execution, which is issued after the issuance of the relevant court decision;
- extract from the decision of the judge (in case of loss of the executive document);
- court order;
- an agreement on the payment of alimony between former spouses, certified by a notary.
In addition, the following documents must be prepared:
- an application for the recovery of alimony, drawn up according to the model;
- documents proving the identity of the applicant and the child;
- bank account details for making payments;
- if possible, information on the property, income of the debtor should be provided (copies of documents confirming ownership, certificates of employment, etc.).
A sample application looks like this:
After the relevant court order is issued, you can contact the bailiff service without time limits, but until the child turns 18 years old. Then he has the right to independently apply to authorized persons for another 3 years. If the recipient of alimony comes to the bailiff service some time after the court decision, the debts will be collected not for the whole time, but for the last 3 years.
Where do you need to apply? Branches of the bailiff service are located in all major cities of Russia. On the website of the Federal Bailiff Service (fssprus.ru), you can find out the contact information of the department you need using a special search engine by entering the address of the debtor's residence.
By indicating the personal data of the alimony payer (first name, last name), you can find out the amount of his debt. On the official page of the bailiff service on the Internet you will find all the necessary information and you can consult by phone.
The procedure for the work of bailiffs for the recovery of alimony
In order to collect alimony, the following sequence of actions is performed:
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In order to speed up and control the activities of the bailiff, the recipient of alimony may submit petitions to him:
- on the seizure of the defaulter's property. To this end, it is necessary to compile a list of all objects and their estimated cost;
- on the application of penalties added to the principal amount of the debt
- on the prohibition of the debtor's departure from the country.
The debt collection process through bailiffs includes:
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Important! If the bailiffs have office work, but the debtor decides to pay off the debt on his own, he can do this through the FSSP.
To do this, you can contact the official in charge of the case directly, or make a payment through the website of the federal bailiff service.
Information about the payment of alimony
Both parties involved in the payment and receipt of alimony may need a document confirming the fact of their payment for presentation to various organizations and authorities (tax office, social service authorities, bank, etc.).
To get help, you need to apply to the structure where the payments come from. For example, the debtor's employer organization or the bailiff who organizes the debt payment process.
The form of the reference is arbitrary. It indicates the following information: data on the recipient and payer, the number of the executive document, the date the case began, the time and amount of payments, the total amount of payments. The certificate has its own number and expiration date. It is certified by the seals of the organization and the signature of the person who issued it.
How can you complain about the inaction of officials?
In accordance with Chapter 18 of Federal Law No. 229-FZ of October 2, 2007 “On Enforcement Proceedings”, in case of illegal actions or inaction of the bailiff, you can complain about them.
An appropriate letter of complaint should be sent to the head of the regional bailiff service or to the prosecutor. You can also call the federal bailiff service helpline.
What facts should be included in the letter? The complaint must include:
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Important! If necessary, you can ask to change the employee in charge of the case.
In the case when the bailiff is interested in the case under consideration (for example, he is a relative of one of the parties), he must withdraw from the execution.
To confirm non-payment of the debt, attach evidence to the complaint:
- bank statements;
- copies of postal orders;
- alimony certificate, etc.
A complaint about the inaction of an official is considered within 10 days. After that, you will receive a written response indicating the measures taken.
A complaint can also be filed in case of loss of the case on enforcement proceedings. If the document is not found, the alimony recipient has the right to go to court with a request to issue a duplicate of the court decision (executive document) and restart enforcement proceedings.
Thus, each parent must allocate funds for the maintenance of his child. If this obligation is not fulfilled, the defaulter should be sued in order to resolve the issue with the help of bailiffs. If, after the start of office work, officials are found to be inactive, a complaint should be drawn up against them.
When the executive document is already in hand, it can be submitted for execution to the debtor's employer. But if the recovery fails, for example, the alimony is hiding, then you need to contact the structural unit of the FSSP. Bailiffs for alimony carry out, in most cases, effective work, enabling the minor or other dependent of the payer to receive the money due. We will talk in more detail about how bailiffs collect alimony, and about other issues related to enforcement proceedings.
The rights and obligations of bailiffs are quite numerous. These officials work with the aim of exercising their powers to successfully carry out actions to collect current alimony payments and alimony debts.
Of course, in order for the bailiff to be able to do his job, he needs a basis in the form of a document. This is:
- performance list;
- an agreement concluded in a notarial form;
- order issued by the judiciary.
If such a document is received by the bailiff department, then there is a reason to initiate enforcement proceedings, in which the FSSP employee performs the following actions:
- Calls persons related to a specific enforcement case for a conversation, requesting documents, and carrying out other procedures.
- Carries out activities, within its broad powers, to obtain various important information necessary for effective debt collection. For example, to recover alimony, bailiffs may need to find where the debtor lives or stays, to establish his place of work. You can make a request to the FMS authorities and try to establish a new place of registration of the payer. In addition, employees of the traffic police, Rosreestr and other bodies, organizations and institutions must respond to requests from the bailiff. In particular, Rosreestr is obliged to provide information about what real estate is registered in the name of the debtor.
- Controls the process of execution of the court order by the debtor's employer. Provides assistance in this matter. Brings the employer to responsibility for non-fulfillment of duties, if necessary.
- Carries out outdoor activities. For example, he makes visits to the debtor's registration address in order to have a conversation with him, to identify property that can be foreclosed on.
- Seizes funds held in accounts with financial institutions. Carries out the seizure of other property of the alimony, organizing the sale of real estate, transport and other things at special auctions.
In addition, employees of the bailiff service are also vested with other powers in the framework of enforcement proceedings to collect debts for alimony. For example,
- prohibit debtors from traveling outside the Russian Federation;
- restrict their right to drive various vehicles;
- impose a ban on the implementation of registration actions necessary for the re-registration of real estate or vehicles.
Terms of application to the FSSP
Deadline for sending a writ of execution for alimony to the FSSP. Long enough. These actions can also be carried out after, for example, a minor turns 18 years old. You have 3 more years to apply. But it is advisable to use the services of bailiffs to recover alimony immediately after the writ of execution is received. Otherwise, there is a risk of losing some of the funds.
Bailiffs will not be able to achieve payment of debt for a period exceeding 3 years from the date of filing an application and a court order with the FSSP.
If the enforcement case is opened in a timely manner, then the funds will be collected for the entire period - from the moment the application was submitted to the court or even for the 3-year period preceding the trial - it all depends on what claims were made by the claimant.
How to find the right bailiff?
Bailiffs collect alimony at the place of residence of the payer. Most cities in the country have their own departments of the FSSP, whose duties, in particular, include the implementation of foreclosure in alimony cases.
To find the right department, you need to find out where the debtor is registered. Next is a matter of technology. On the official website of the FSSP there is a special search form, using which you can easily determine which department of bailiffs is authorized to carry out the procedure for collecting payments due to the recipient.
What documents do the bailiff need to initiate the execution of the court decision and to collect?
In order to collect alimony debt through bailiffs and the process of execution of the decision has been launched, you must contact the appropriate department of the FSSP with some documents:
- an order issued by a judicial authority;
- writ of execution, if the judicial recovery was carried out as part of the proceedings on the claim;
- maintenance agreement, if the parties initially agreed on payments on a voluntary basis;
- claimant's passport;
- documents of the final recipient of funds: with a birth certificate, a passport, if it has already been issued.
In addition, the bailiffs for the recovery of funds for the needs of certain dependents of the debtor must have the details for which it will be necessary to transfer the collected funds.
Naturally, it is necessary to prepare an application with a request to initiate enforcement proceedings, in which you need to indicate:
- the name of the FSSP body to which the claimant applies;
- information about the parties to the dispute;
- information about the minor recipient of funds;
- details of the executive document issued by a notary or justice of the peace.
After examining the application and the documents attached to it, the bailiffs collect alimony or refuse to enforce it if something is wrong with the documents or there are any other inconsistencies with the requirements of the law.
How to get alimony through bailiffs?
How do bailiffs collect child support? Having considered the application for the initiation of enforcement proceedings, making sure that all the requirements of the law are met, the bailiff initiates proceedings. Copies of the relevant decision are sent to interested parties.
The payer is given time to voluntarily fulfill the obligation. If the payer does not want to voluntarily pay the debt, then enforcement measures will be applied to him, as discussed above.
The procedure for collecting alimony by bailiffs is quite clearly regulated by various legislative acts, for example, the Federal Law “On Enforcement Proceedings”.
Meanwhile, practice shows that FSSP employees are not eager to achieve a successful result. They carry out some formal actions:
- make a series of requests;
- meet with debtors to talk about debt;
- make various decisions.
To be frank, all the tools that are given by law and could lead to success are not being used.
Thus, in order for the claimant to obtain the money due, it is necessary to interact with the bailiffs. Namely:
- hold meetings and conduct conversations;
- submit applications;
- appeal against illegal actions and facts of inaction.
All this is not easy to do. You need to be patient, be prepared that you will have to spend a lot of time, but, alas, there is no other way.
By the way, how to pay the debtor if he wanted to fulfill the obligation voluntarily? There should be no difficulty in this matter. It is necessary to obtain the details of the recipient from the executor of the judicial act, transfer funds according to these details. You may also have to pay a performance fee, which is charged for the fact that bailiffs have to take some measures to effectively recover money.
Interaction with bailiffs
The first thing to do in order to successfully receive alimony through the bailiffs is to have an informal conversation with the FSSP officer in charge of the case. How to talk to bailiffs? Obviously, the beginning of communication, in any case, should be friendly. And then, you should already look at the situation. It happens that bailiffs are imbued with the problems of citizens and work with full dedication. And it happens that conversations lead nowhere, the court decision is executed for a long time. If the bailiff commits any illegal actions, then you can complain about him. For example:
- head of the territorial department of the FSSP;
- to the court in accordance with the rules provided for by the CAS RF.
Is it possible to file a complaint with the prosecutor's office about the illegal actions of the performer or his inaction? Yes, this is perfectly acceptable. The prosecutor, having considered the application, must prepare a presentation on the need to return the situation to the legal field.
Is it possible to change the bailiff if he somehow does not suit the claimant? Let's just say that in most cases, changing the official conducting the proceedings for the execution of a judicial act is the right of the head of the FSSP department, and not his duty. It may be necessary to make a replacement only if it is established that the contractor is directly interested in the results of the recovery procedure. In all other cases, there is, in fact, no reason to change the bailiff.
Thus, the bailiff is a key figure in matters of execution of the act for the recovery of alimony. This official is endowed with a large number of powers, but the creditor must take active steps himself in order to receive the funds due.
When the writ of execution for divorce is received, you can think about the method of paying alimony. It is possible to transfer funds directly from the ex-husband if he is a conscientious person and does not plan to evade payments. When things are different, it is advisable to entrust this matter to the bailiff.
Actions of the bailiff related to the receipt of alimony
At bailiffs, who are officials, among their duties is the execution of court decisions, including the recovery alimony, as well as debts on them. In order for a person to be able to exercise these rights and perform actions related to debt collection, he must have a document. It serves as the basis for the discovery judicial cases for further work. At bailiffs There are a wide range of job responsibilities, including:
- Calling the debtor and the recipient alimony to get the information you need. For example, for what reason, one party refuses to pay.
- Get the information he needs, do fact-checking. Through the authorities or services, find out the place of work, send a request to the debtor, take the necessary actions regarding the identification of the size of the property.
- Require from the leader for execution judicial decisions to withhold an appropriate amount of child support, which can later be pay through bailiffs.
- Travel to the place of residence of the debtor and visit the premises that belong to him. This is necessary to identify the solvency of a person before performing judicial solutions.
- Prohibit the debtor from leaving the state.
- At bailiffs have the right to seize property for the amount of debt to pay alimony, as well as fulfillment judicial resolutions. Also, the debtor will have to pay for the implementation of enforcement proceedings.
- Through bailiffs a person, as well as his property, may be put on the wanted list.
At bailiffs there is a right to take measures against the non-payer, which are prescribed by law.
Appeal to the bailiff
Visit time bailiffs for help in fulfilling judicial regulations are not limited. This can be done practically at any time: from receiving an official document to the age of majority of the child. An eighteen-year-old citizen can independently turn to the bailiff to collect through him the amount for the past years: for this, the period is fixed and is three years. Only then can you get alimony will be terminated.
When the recipient alimony applies to the service judicial executors untimely, but wants to demand with delay the funds that are due by right, it will be possible to recover only the amount for the last three years. Often the document is transferred immediately, then the funds that are not paid by the debtor automatically become a debt, to which fines are attached. This amount must be paid through bailiffs.
Where to find a bailiff?
Place of work bailiffs happens different. There are such specialists in all territorial units of the state. You should look for the department at the place of residence of the debtor, knowing his exact address. To start proceedings regarding alimony that they refuse to pay, one of these documents must be submitted:
- Writ of execution issued upon receipt judicial decisions regarding the recovery alimony.
- Corresponding order indicating the recovery alimony;
- Extract from previously accepted judicial decisions if the writ of execution has been lost;
- Agreement pay child support which is notarized.
If the debtor decides I want to pay child support through bailiffs, he needs to provide a passport.
The procedure for the performer
To start enforcement proceedings through bailiffs, you should write a letter of application, as well as provide all known information that relates to the place of residence, work or salary. Information about the presence of real estate in the debtor will be important.
To alimony were accrued, the application is preliminarily considered by the head bailiffs, later it is transferred to a specific employee. Within three days, he makes a decision regarding enforcement proceedings. Getting Started with Implementation judicial decisions, consists in a mandatory conversation with the future payer. Upon reaching an agreement between him and the contractor on the amount of payments, a message about all payments made. In the absence of additional payments, the bailiff has the right to recover alimony forcibly. Establishment of the place of employment is carried out by contacting the necessary authorities and tax authorities.
The powers of the bailiff
Having received a writ of execution, any of the judicial commissioners is allowed to proceed to debt collection, which involves a number of actions:
- An amount exceeding the required amount may be deducted from the debtor's salary alimony. Such measures are taken until the debt is repaid.
- The types of income that are additional are identified: payments or securities.
- In powers judicial executors to establish the property that belongs to the debtor and assess its value.
- The accounts are frozen, and the proceeds from them are used to pay off the debt.
If the process of paying funds through judicial authorized is delayed, it is possible to change the official. An additional reason may be prejudice or deceit. For change bailiff you should write a letter to his higher management or the prosecutor. Upon receipt of the complaint, the manager will change the responsible person or take other measures. When filling out a letter, you should attach documents that confirm payment or vice versa - the presence of debt.
If the case is lost, it is possible to apply to the court to confirm the decision on payment alimony. Thus, a duplicate of the document will be obtained. The corresponding enforcement proceedings will be reopened.
Both recipients and payers are trying to understand how bailiffs collect alimony from debtors. If you find out the procedure for the actions of this service, you can avoid violations of the law and fulfill your obligations to pay alimony in a timely manner. The basis for their retention may be decisions of the courts or mutual agreements of the parties. An agreement is a convenient way to consolidate a verbal agreement and avoid litigation. If the document is drawn up in accordance with the requirements of the law, it has almost the same force as the writ of execution.
After the court has made a decision on the recovery of alimony in favor of a minor child or other person, the bailiff service (hereinafter - FSSP) works to control its execution. The actions of bailiffs are aimed at observing the rights and obligations of both parties. Its specialists begin to deal with alimony when any of the documents are received:
- performance list;
- an extract from the court order, which is obtained in court in case of loss of the writ of execution;
- agreements on the payment of alimony, certified by a notary.
The process of paperwork includes drawing up a claimant's application to the FSSP. It should indicate information about the property of the payer, which can be used to fulfill the requirements of the court.
If necessary, bailiffs may ask to bring other documents that are needed for enforcement proceedings. So, to transfer money, they must know the bank details of the recipient or his postal address. Having received the claimant's application to the alimony bailiff service, the employee prepares a decision to initiate enforcement proceedings and sends it to each party.
The procedure for preparing the document takes no more than three working days. Simultaneously with the decision, the debtor is sent a summons to appear at the FSSP. The payer is obliged to provide information on income, property and place of work. At the same time, the debtor is warned in writing about the administrative and criminal liability that he bears in case of evading the obligation to maintain dependents.
Alimony can be collected from the date of filing an application with the court. If the creditor has previously taken measures to receive funds, and the debtor has evaded this, the court has the right to decide on the collection of the debt for a period of up to three years. For example, a child support claim may be filed at the same time as a paternity claim is filed. If the first is satisfied, payments for the second are awarded from the date of its submission.
Payroll deduction
Most often, a writ of execution is sent to the place of work of the payer, where every month the accounting department must collect alimony in the amount established by the court. Its amount can be:
- calculated as a percentage of the accrued wages;
- have a fixed size and amount to several minimum wages;
- be determined by a combined calculation method that combines both a share of the salary and a fixed amount.
On receipt of a writ of execution, the accountant is obliged to send a return notice to the service so that the bailiff can control the retention of money. The employer transfers the funds according to the details of the recipient specified in the writ of execution. Sometimes the court decision contains an obligation not only to make monthly payments, but also to extinguish the debt accumulated over the previous period. In this regard, the court may decide to increase the percentage of deductions from wages until the debt is liquidated.
If the debt is large, and the salary is not enough to close it, the bailiff will foreclose on the citizen's property. To clarify information about the funds available to the debtor, the bailiff sends requests:
- to Rosreestr;
- traffic police;
- tax office;
- a bank serving the alimony payer;
- housing and communal authorities.
If there is not enough money in the bank accounts to pay off the debt, it is paid for through the sale of housing, cars, securities and other items of property. The debtor himself can voluntarily engage in the implementation and pay alimony. If he does not do this, the property is forcibly confiscated through the bailiffs, it is sold and the money is transferred to the recoverer. To do this, FSSP employees have the right to enter the premises, make an inventory and appraisal of property, and take it for sale. Items not subject to seizure include:
- the only dwelling and the land on which it is located;
- property used for the professional activities of the debtor;
- clothing and household items;
- domestic animals not used for income generation and buildings for their maintenance;
- plant seeds needed for the next sowing;
- prizes, awards.
Usually, seized property is sold at lower prices, so the debtor is interested in selling it on his own.
The procedure for collecting alimony does not remove the obligation from non-working citizens to support children, disabled parents, and other dependents. One of the ways out in the absence of earnings is to conclude an agreement in which the parties can agree on a modified procedure for paying alimony. During the absence of work, their size can be reduced, but with the condition that, having found a job, the payer will repay the debt that has arisen. Bailiffs, upon receipt of information about the dismissal of the debtor, control his employment.
Important! If a person has neither a salary nor an allowance from which alimony can be withheld, bailiffs calculate their amount based on the average earnings in the country or region. The amount of alimony from a non-working citizen is accumulated in the form of a debt and is subject to repayment upon employment. If the source of income has not appeared, the collection of alimony is made from the property.
When registering with the employment service, a dismissed employee begins to receive unemployment benefits. Alimony must be withheld from this money. But since the benefit of an unemployed citizen is lower than the average earnings, the claimant may receive a smaller amount.
Enterprise checks
The bailiff is allowed to travel to enterprises and check the work of the accounting department involved in the recovery of alimony. For writ of execution, deductions for which are still being made, such checks can be once every 6 months. If the enforcement proceedings are completed, you can check the documents once a year. The bailiff checks the completeness of withholding alimony upon dismissal of an employee and the expiration of the recovery period. An additional reason to check is:
- failure to receive a return notice from the employer;
- untimely transfer of money to the recipient;
- non-return of the executive document to the FSSP upon dismissal of the employee;
- child support claims.
Bailiffs may not visit the enterprise, but request the necessary documents for verification on the spot. In their analysis, the actual timing of the issuance of wages and the date of transfer of alimony are compared. In addition to the amount of alimony collected, bailiffs check the amount of salary remaining to be handed over to the employee. The total amount of deductions, including personal income tax, should not exceed 70%. The act of the inspection carried out is subject to storage along with all documents of enforcement proceedings. If, while checking the withholding of alimony, the bailiff finds violations of tax or labor laws, he is obliged to notify the relevant authorities. Those should double-check the facts revealed, take action and report the results to the FSSP.
The activities are regulated by the Federal Law "On Enforcement Proceedings". Parents who have to turn to bailiffs for questions do not always get the desired result. The reasons for the ineffective work of bailiffs have to be thought of by everyone who waits a long time for the payment of the prescribed alimony. But more useful information will be on how to make the bailiff work, who is obliged to contribute to the execution of court decisions.
The recovery of alimony is a step that requires moral effort, legal assistance from a lawyer, and a long walk through the authorities in search of the necessary documents. Courts, as a rule, do not keep themselves waiting long, making decisions on the award of alimony within a month from the date of application. Having received a writ of execution in his hands, the plaintiff must know that the decision will not be carried out by itself.
The first step after receiving a court decision should be to contact one of the departments of the bailiff service:
- district;
- regional;
- specialized.
The head of the bailiff department must write a statement and attach a writ of execution, a court order or a court decision on the recovery of alimony to it. The application should indicate your passport data, the account number to which the money will be received and information relating to the defendant. In addition to general personal data, bailiffs are informed of the address where the payer can be found, information about his property, bank accounts, deposit boxes, information about his labor or entrepreneurial activity. The application will be transferred to the work of one of the bailiffs. His name and position will be communicated to the applicant.
If the parents signed an agreement on the payment of maintenance for the child, and it is not fulfilled, it can also be transferred to the bailiff for work, since the notarized agreement has the force of a writ of execution.
The services of a bailiff are also resorted to in the case of accumulated debts for alimony. First, the bailiff in charge of the case will need to calculate the debt and penalties that have arisen as a result of non-payments. A certificate containing information about the debt is attached to the lawsuit to demand the payment of arrears in alimony. The resulting court decision is again sent to the bailiff, who initiates enforcement proceedings within three days.
How are alimony bailiffs supposed to handle cases?
The Federal Law "On Enforcement Proceedings" gives the bailiff sufficient powers to facilitate the execution of a court decision on the payment of maintenance for children:
- personal meetings with the debtor to obtain information about his work, income, property;
- obtaining property information about the debtor in state, local and municipal authorities;
- requirements for the debtor's employers to transfer money from wages;
- seizure of property and funds of the payer;
- personal inspection of the debtor's property;
- putting him on the wanted list;
- ban on leaving the country.
Within the framework of these powers, the bailiff, when opening a case on enforcement proceedings, must meet with the defendant to hand him an obligation - a writ of execution, for which money is to be paid. During the conversation, the terms are set in which the money will be transferred every month, unless otherwise specified in the documents. The ways of transferring money are also discussed:
- personally, having received a receipt from the recipient;
- by mail, correctly filling out the receipts;
- by bank transfer, making a note about the purpose of payment;
- deductions of a part of wages through the accounting department of the employer.
If the debtor fails to appear for a conversation with the bailiff, the official has the right to visit the defendant at the place of his residence or stay or at the place of work. Then the corresponding conversation and the transfer of the writ of execution takes place outside the office of the bailiff.
If the executive documents - a court order, a court decision or an agreement - indicate that the payment of the collected funds should be made at the debtor's place of work, they are transferred by the bailiff to the employer's administration along with a cover letter. According to Article 109 of the RF IC, these documents are obligatory for execution by the accounting department of an enterprise or organization.
Cases on the payment of financial support for children last until the child reaches the age of eighteen or the occurrence of other circumstances provided for in Article 120 of the RF IC. All this time, the fact of fulfillment by the debtor of the obligations assigned to him must be controlled by the bailiff who works with this case.
What can the bailiff for alimony do in case of non-payment of the debt?
Not everyone who has obligations under a writ of execution is in a hurry to pay their debt. The reasons for this may be objective circumstances: deterioration in health and prolonged disability, a decrease in wages due to a reduction in production, the appearance of dependent children or parents in need of help.
But practice shows that the majority of non-payers maliciously evade the fulfillment of parental responsibilities for the material maintenance of children.
Finding out the reasons for non-payment and forcing the defendants to pay off the debt is one of the tasks of the bailiff. If such a method as a personal conversation and moral suggestion does not have the desired effect, bailiffs resort to other methods, which in most cases work.
- Collection of information about the property and financial condition of the debtor - the presence of a house, vehicle, land, deposits, shares and other assets. To do this, bailiffs are entitled to apply and receive information from state and municipal registers, institutions and organizations.
- Inventory and seizure of personal property with a ban on its use.
- Seizure of the defendant's money accounts for the subsequent collection of the amount of debt from them.
- Seizure and sale of seized property. Moreover, the debtor can indicate himself what property can be withdrawn for further sale and transfer of money to pay off the debt. But in most cases, this is done at the discretion of the bailiffs within the amount of the accumulated debt.
- Notify the Federal Migration Service about the debt of the defendant with a demand to prohibit him from leaving the country.
If the debtor, maliciously evading payments awarded from him, hides his place of residence, hides his property, the law allows the bailiff to declare a search for the defaulter and his property.
However, as the facts show, a wide range of powers granted to bailiffs does not lead to the eradication of such a phenomenon as malicious evasion from paying alimony.
How to make the bailiff work?
Why does society not see the desired result of the work of a large army of bailiffs? Partly because there are many more non-payers than bailiffs. It is impossible to attach an official to each of them. The second likely reason is a serious staff turnover due to relatively low salaries with a heavy workload. Bailiffs who have just started working do not have time to gain experience to effectively conduct production.
Another reason for the poor performance of bailiffs is the unwillingness to conscientiously perform their functions and banal bribery. There are no official statistics on these phenomena, but there are real life facts when a malicious non-payer "interests" officials - bailiffs, so that they turn a blind eye to blatant injustice and continue to do nothing. Or even worse, “lost” the debt collection case in order to force the plaintiff to give up the opportunity to receive money, stop wasting time and making moral efforts.
And yet, one should not think that it is impossible to fight the laziness and official irresponsibility of bailiffs. In the legislative field, you should look for hints on how to make bailiffs work and get results.
- It is necessary to indicate more information about the possible place of residence of the debtor if he is hiding from subpoenas and visits by the bailiff.
- Report information about a change in job, about the availability and acquisition of property, including information received from unofficial persons - acquaintances, friends - after asking permission in advance to be able to refer to them in a conversation with bailiffs.
- Submit petitions for seizure of property and funds of the debtor, if the bailiff does not do this on his own initiative; a petition for a travel ban or a search for the defendant; on the accrual of a penalty on the resulting amount of debt simultaneously with the calculation of the unpaid amount.
- to the higher authorities, that is, the head of the department of the bailiff service, to which a response must be followed with the listed measures taken within ten days.
- If the higher authority cannot force its subordinates to work, a complaint can be sent to the district prosecutor's office, which most often leads to increased activity and positive results.
In case of intentional or negligent loss of the case, it is necessary to obtain from the bailiff an appropriate explanation in writing and apply to the court with an application for issuing a duplicate of the writ of execution.