Can a bailiff direct. Where to complain about bailiffs and what could be the subject of a complaint? Legal advice in Yekaterinburg
Enforcement court decision First, it provides for a notification procedure informing the citizen about the need to pay off the debt, and then forced if the person refuses to pay the required amount in the allotted time.
The order of actions of the bailiff is fairly standard and is prescribed in current legislation. First of all, the arrest is imposed on the bank account. Moreover, funds are deducted equally from accounts in rubles or in foreign currency. Some citizens, knowing that they have debt, try to avoid such a measure of influence and are interested in the question of which banks do not cooperate with bailiffs in 2019. Today we will try to give a clear answer and explain the situation with the seizure of accounts.
The answer to this question is in the provisions of Russian law. By law, for any request received from state body, a bank or other organization must provide full information about the debtor with the following information:
- about the debtor's accounts and the amounts in these accounts in rubles and in foreign currency;
- storage of any other valuables, such as deposits.
To complete this action, banks are given about seven days. In this case, the financial institution is obliged to draw up the relevant document and send it to the address of the claim. Some banks do not provide data to bailiffs. In case of refusal to perform such an action on banking institution a severe fine is imposed. In connection with all of the above, we can conclude that getting information about which banks do not transmit information to bailiffs is quite easy if you focus on how many penalties have been applied to banks in this regard.
How to find out which banks do not cooperate with bailiffs?
By law, each bank is required to provide information to bailiffs. Therefore, we can say with confidence that upon receipt of such a request, a large bank that has a certain reputation in the lending market will certainly provide the necessary information, which will subsequently lead to seizure. It is important to note that bailiffs can send requests not only to commercial, but also to government agencies.
Even if the bailiffs do not send official requests to the bank about the availability of valid accounts with a citizen, this kind of information is stored in tax office. In the FMS, you can find out about all financial and credit institutions that work with bailiffs. Given these circumstances, the more likely to hide their savings from bailiffs is to issue accounts in such institutions:
- small commercial establishments, as in large and state organizations requests are sent first;
- electronic payment systems, since online wallets are very difficult to track. In fact, at the end of 2017, more than 100 banking and credit organizations had already signed the corresponding agreement on full document circulation in the FSSP. The list of such companies is expanding almost daily.
A citizen can try to determine which specific banks the bailiffs most often work with and where they send requests in the first place. Such institutions include Sberbank, VTB24, Gazprobank. Another significant point is that only the organization that has the right to do so can exercise the right to collect debt from the debtor's account. To do this, you will need to enter the special register formed by the UFSSP employees.
What accounts cannot be debited by bailiffs?
Within the scope of Art. 70 and 81 of the Federal Law No. 229 of 02.10.2007, with respect to certain monetary savings of citizens, restrictions have been established. That is, the collection of these funds cannot be drawn. It goes about the following means:
- savings in foreign currency, provided that ruble savings are sufficient to pay the debt and meet the requirements;
- money held in referendum fund accounts;
- funds in a special election account.
The listed rules were introduced only in the spring of 2016 after amendments to the main law.
The process can easily be won if the bailiff violated the law or the evidence presented by the applicant is enough to remove the arrest. For such a decision, 10 days are allotted, and then another 10 days for the direct removal of the burden.
Conclusion
Each bank is obliged to inform the bailiffs of information regarding the availability of accounts and funds in them in relation to a particular civilian or company. This is necessary so that the service employees can recover and receive from the debtor cashwhich he is required to pay by law. In case of violation of the law, a fine is imposed on the bank.
After the Court has made a decision, and it entered into legal force, the plaintiff is issued executive document to institute enforcement proceedings and enforcement of court decisions. Often the collector has a question: "How to present a writ of execution to the bailiffs?"
To institute enforcement proceedings on the basis of an executive document by the territorial branch of the Federal Service bailiffs Russian Federation (hereinafter FSSP RF), the claimant must:
1. prepare a statement on the initiation of enforcement proceedings;
2. to submit an application and an executive document to the territorial office of the FSSP of the Russian Federation;
3. after 7 working days, receive a decision to institute enforcement proceedings, or a decision to refuse to initiate enforcement proceedings.
Preparation of an application for enforcement proceedings
In Russia, according to popular wisdom, "they are greeted by clothes, escorted by the mind." A statement of enforcement proceedings is yours business card. It is with the application that your acquaintance with the bailiff begins, which will deal with your enforcement proceedings. The first impression of the recoverer is formed when reading his statement on the initiation of enforcement proceedings, so the statement must be written correctly and contain all the necessary details.
The following information must be indicated in the application for initiating enforcement proceedings:
1. The name of the unit of the Federal Bailiff Service of the Russian Federation, to which the application is submitted, and its address;
2. A recoverer-citizen shall indicate: last name, first name, middle name, details of an identity document, place of residence or place of residence, taxpayer identification number (if any);
3. The collector-organization shall indicate: name, taxpayer identification number or code of a foreign organization, state registration number, place state registration and legal address;
4. details of the bank account of the collector, to which the collected funds should be transferred;
5. name, number and date of issue of the executive document, name of the authority issuing the executive document, as well as the name of the regulatory document on the basis of which the executive document was issued, the amount of requirements.
The recoverer, as a rule, is aware of information about the debtor that can help the bailiff in performing enforcement actions, and significantly reduce the time period for fulfilling the requirements contained in the writ of execution. We also recommend that you indicate them in a statement of enforcement proceedings. It can be:
· Telephone numbers of the debtor;
· Information about the place of work, studies of the debtor;
· Information about real estate, vehiclesother property owned by the debtor;
· Information about accounts with banks or other credit organizations;
· Information on the receipt by the debtor of pensions, benefits, scholarships;
· Other information that will help establish contact with the debtor or find property that may be enforced.
Do not forget to include your contact details (address for sending correspondence, phone numbers, etc.), so that if necessary, bailiff could contact you.
Submission of an application and an executive document to the territorial branch of the Federal Bailiff Service of the Russian Federation
You can submit the writ of execution and application in person, directly to the department of the Federal Bailiff Service, or you can send it by mail, registered mail with a notification and a list of investments.
In accordance with Article 33 of the Federal Law “On Enforcement Proceedings” dated 02.10.2007 No. 229-FZ, the writ of execution and the application shall be submitted by the collector at the place where the enforcement actions and enforcement measures are applied.
If the debtor is a citizen, then enforcement actions are performed by the bailiff at his place of residence, place of residence or the location of his property. If the organization is the debtor, then enforcement actions are performed on it legal address, the location of her property or the legal address of her representative office or branch. If there is no information on the location of the debtor or its property, enforcement actions are performed by the bailiff at the last known place of residence or place of stay of the debtor, or at the place of residence of the collector until the location of the debtor or its property is established.
If you do not know to which unit of the FSSP of the Russian Federation it is necessary to present an executive document, then you can use the right provided for in paragraph 4 of Art. 30 Federal Law "On Enforcement Proceedings" dated 02.10.2007 No. 229-FZ, and send the writ of execution and the application for initiating enforcement proceedings to the territorial body of the Federal Service of Bailiffs to the Main Bailiff of a constituent entity of the Russian Federation. And already, the Chief Bailiff of a constituent entity of the Russian Federation will forward these documents to the appropriate division of the bailiff within five days from the date of their receipt, and if the writ of execution is subject to immediate execution - on the day of their receipt.
If you are submitting an application in person, directly to the territorial office of the FSSP of the Russian Federation, then be sure to require that your copy of the application put a mark of acceptance containing the following information:
· Date of receipt of the application and executive document;
· The position and details of the person who accepted the application and the executive document;
· Contact phone numbers by which it will be possible to call the bailiff.
Marked statement in accepting the application, will be proof the fact that you really submitted a writ of execution for execution to the territorial department of the FSSP of the Russian Federation, and when you did it. When submitting any applications and petitions, we recommend that you keep a copy of the document with a mark on receipt of the FSSP of the Russian Federation. Or, if there is no particular urgency, send them by registered mail with a notification and a list of investments, and save mail receipts, inventories and notifications. These actions help to avoid many disputes with bailiffs, save a lot of time and effort. As sad experience shows, writ of execution may be lost in the Federal Bailiff Service.
Obtaining a decision to initiate enforcement proceedings, or to refuse to initiate enforcement proceedings
After you have submitted an application and a writ of execution to the territorial department of the Federal Security Service of the Russian Federation, in accordance with clause 7 of Article 30 of the Federal Law "On Enforcement Proceedings" dated 02.10.2007 No. 229-FZ, these documents must be submitted to the bailiff within three days performer.
The bailiff within three days from the date of receipt of the writ of execution shall issue a decision to institute enforcement proceedings, or to refuse to initiate enforcement proceedings. A copy of the decision on the initiation of enforcement proceedings bailiff no later than a day. following the day the said decision is made, it shall be forwarded to the collector, debtor, as well as to the court, other body or official who issued the writ of execution.
According to general rules, the flow of dates begins on the day after the calendar date or the day the event occurs, which determines the beginning of the term. It should also be borne in mind that in accordance with Article 15 of the Federal Law “On Enforcement Proceedings” dated 02.10.2007 No. 229-FZ non-working days are not included in the terms calculated in days.
From these provisions of the legislation on enforcement proceedings, it follows that the bailiff must initiate enforcement proceedings, or make a decision to refuse to initiate enforcement proceedings, within 7 (seven) business days from the date of submission of the enforcement document to the territorial branch of the Federal Security Service of the Russian Federation.
Read also: Organization of accounting for receivables and payables
We recommend that you receive a decision to institute enforcement proceedings, or to refuse to initiate enforcement proceedings, in person, at a reception at the bailiff, and not wait for documents to be received by mail. You have the opportunity to monitor compliance with the deadlines, and if they are violated, you will be able to timely file a complaint about the inaction of the bailiff. As sad experience shows, the deadlines in enforcement proceedings are often not respected, and enforcement proceedings can be instituted six months after the presentation of the writ of execution.
Appendix to the article:
Director of Consul Collection Agency LLC
Tsyganenko Ivan Sergeevich
How to present a writ of enforcement to bailiffs
In which case is it necessary to execute the decision through bailiffs?
In all situations when your the debtor does not pay voluntarily, and execution through the bank or through the work of the debtor is either impossible or unsuccessful. There are cases when only bailiffs can enforce the decision. For example, according to requirements of a non-property nature (to evict the debtor from the premises, oblige the debtor to transfer some thing or carry out some actions).
I also recommend filing a writ of execution. immediately to the bailiffs (bypassing the bank and work), if your debtor has a lot of debts in the Bank of data enforcement proceedings. and they are not new (excited a few months or years ago).
When do you need to contact the bailiffs?
- your debtor organization is excluded from the register. Actually, in this case there is no one to recover - the founders and management of the company general rule do not answer for the debts of the liquidated company. The bailiffs, of course, will take the sheet and initiate production, but will soon cease it;
- the debtor is declared bankrupt (for example, bankruptcy proceedings have been introduced). In this case, the appointed arbitration manager is responsible for the execution of the court decisions, and you need to state to him the requirements of the creditor;
- the statute of limitations for the execution of a judicial act (3 years) has expired, and you do not have a court ruling on the restoration of this period;
- your debtor - public sector entity or the budget or treasury of the Russian Federation.
How to find out which department of bailiffs include a writ of execution?
As a general rule, enforcement actions are performed at the place of residence or residence of the debtor citizen, the legal address of the organization or its branch, representative office, or at the location of the debtor's property. If a writ of execution has been issued to perform certain actions, it is executed at the place where these actions were performed.
Open the writ of execution on the page with the data of the debtor, find its address and try to find the bailiff department at this address through the service on the FSSP website. Sometimes he cannot determine the department. In this case, you can look at the Bank data enforcement proceedings. In which department is the majority of proceedings for your debtor. You can also clarify information by calling the FSSP in the relevant city.
How to present a writ of execution to bailiffs?
- Collect a package of documents.
- application for execution - 2 copies with personal filing, 1 copy when sent by mail. The application is signed personally by the claimant, director of the company or representative by proxy;
- the original of the writ of execution (just in case, make a photocopy or scan);
- copy of passport (1 page and registration), bank account details - if you are a citizen;
- power of attorney of the representative - if someone else will sign the application for execution;
- copies of documents confirming that the debtor has any property, his place of work, information about his property status, etc. - if there's. An extract from the register can be attached to the debtor organization or individual entrepreneur.
- Submit a package of documents to the selected department of bailiffs.
- at personal submission - to hand in under the mark on your copy of the application;
- when sending by mail - send a valuable letter with a description of the attachment and a notification of delivery. Save the postal receipt of shipping, an inventory of the attachment with a postmark.
What will happen next?
- within 3 days from the filing date - your application and writ of execution will be transferred to a specific bailiff;
- within 3 days from the date of receipt - the bailiff initiates enforcement proceedings or make a decision on the refusal to initiate enforcement proceedings;
- a decision to institute is sent to you and the debtor;
- the debtor has 5 days from the date of receipt of the decision to execute the decision on a voluntary basis;
- if the debtor has not executed the decision within 5 days, the bailiffs begin to influence him by coercive measures.
How long can bailiffs collect money?
In Part 1 of Article 36 of the Federal Law on Enforcement Proceedings, it is encouragingly written:
In practice, alas, bailiffs can collect money from the debtor as long as they want - there is no fixed term, and it all depends on the behavior and property status of the debtor. If the debtor is solvent and enforces the court decision immediately after receiving the order from the bailiffs, the process of receiving money can take about 1-2 months (taking into account the mileage of the mail and the distribution of money to your account from the bailiff department).
Next time I will tell you how to influence the bailiffs and the debtor in order to get money faster.
ARTICLE FROM ODOLGAH.COM SITE. RECEIPT OF DEBTS.
Present a writ of execution
So, you have a writ of execution. It would seem that the case in court was won, a decision was made in your favor, now you can finally relax. The debtor must comply with the court decision by law, and there’s nothing more to worry about ...
In fact, everything is not so simple. Practice shows that the vast majority of debtors ignore court orders and still do not take any active steps in order to repay debts.
In addition, after receiving the writ of execution, it is not uncommon for the claimant (that is, the party who won the court case) to not know where and in what time frame it is necessary to present the writ of execution. And there is something to fall into confusion: in court, as a rule, they do not give detailed information, confining themselves to the phrase: “now go to the bailiffs” or send them to lawyers. And what if there is no way to seek legal advice? I propose to figure it out on your own.
Deadline for submission of writ of execution
As a general rule, the deadline for presenting a writ of execution for execution is three years (Article 21 of the Federal Law "On Enforcement Proceedings"). However, the law provides for a number of exceptions:
If the deadline for submitting a writ of execution is missed
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YOU spoke about the procedure for issuing writ of execution
Imagine a situation where a recoverer decides to present a writ of execution for execution, but more than three years have passed since the court decision was issued, and, accordingly, from the day the writ of execution was issued. It turns out that he loses the right to make a move enforcement proceedings? Not necessary. First of all, you should contact the court that issued the writ of execution with a statement on the restoration of the missed deadline, where you should indicate for what reasons this deadline was missed. If the court considers the reasons for missing the pass valid (for example, the illness of the claimant, departure, etc.), the missed period can be restored.
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Who will help?
The law entrusts the enforcement of judicial acts with the Federal Service of Bailiffs, in particular, with bailiffs (Article 5 of the Federal Law "On Enforcement Proceedings". Article 12 of the Federal Law "On Bailiffs").
It is the bailiffs, having a fairly wide range of powers, are required to ensure the full and timely execution of court decisions.
Which service should I contact?
Since the Federal Bailiff Service has a rather ramified structure (for example, it includes territorial bodies FSSP of the constituent entities of the Russian Federation, which, in turn, are divided into district, interdistrict and specialized departments), a logical question arises: what territorial unit should the recoverer apply to?
Legislatively resolved this issue as follows:
Rules for filing a writ of execution
Execution proceedings are instituted on the basis of a claimant's application.
His sample usually hangs on the information stand in each OSPP.
For example, it might look like this:
To the Bailiff Service ____________
Judicial protection of rights and freedoms is guaranteed by the Constitution of the Russian Federation to every citizen of our country. But often, faced with their violation, we wave at this, not daring to go to court. And there are plenty of reasons for this: someone is afraid of judicial red tape, someone is sure of the high cost of the trial, someone just does not know where to start. How to competently defend your interests in court and not become a victim of judicial arbitrariness will be discussed in my column.
Good day. Question on the new law on SRO. Our company LLC RANET ENERGO carries out 2 types of work: 1) on the design and installation of wastewater metering units; 2) for the design and installation of metering stations for thermal energy and heat.
Writ of execution - extradition by the court and terms for debt collection
Unable to find a compromise in any case, the disputing parties resort to court with the hope of finding a solution to their problem. Defending one’s own interests in the courts is half the battle; the most important thing is to ensure that the ruling is executed by the losing party. For this, a special document is issued, called the writ of execution, where, on the basis of the decision, the terms for execution of the decision are indicated to the debtor. In the photo you can see how the sample of IL looks.
What is a writ of execution
Documents that are based on a court decision, and sometimes another competent authority - these are writ of execution. They are issued in civil matters or administrative offenses. They contain the details of the authority that issued the IL. In addition, information about the warring parties (obligated and competent person) is reflected there. This is an official paper, which decides to pay the materiel by one participant in the trial to another.
Types of writ
According to the internal content, ILs are differentiated into 2 groups and depend on the type of collection. Types of deductions on writ of execution:
- property. Contain information about the recovery of money. This is the most common type of document with a resolution to one person to pay the amount established by the court in favor of the second person, and it does not matter whether it is an organization or an individual.
- non-property. They decide whether or not to perform the indicated actions, for example, transfer the garage to another person or restore the person to the previous job.
Where to get a writ of execution by court order
Receipt of IL by the collector is carried out on the day the decision comes into force. As a rule, after 10 days, as the decision was announced, a writ of execution in a civil case is issued, since during this time the victim can still appeal the decision in court, having filed an appeal. In practice, sometimes you have to wait longer before picking up a certified document. IL is issued in a single copy, but if a decision is made in favor of more than one collector, then the number of documents is directly proportional to their number.
How to get a writ of execution by court order
There are 2 ways to issue. A writ of execution shall be issued to bailiffs. If the debtor does not comply with the order, then the plaintiff has reason to ask to give him an IL. An appeal is drawn up in free form by hand, for which it is necessary to have a court order. In the header indicate the details of the court, the number of the decision and its own (surname, initials, address of residence), then state the request. The application is signed and date stamped.
In addition, you can always request a duplicate if the original was lost for some reason. A statement is compiled in a similar manner, with the exception that a request is given to issue a duplicate and the reasons for the loss of the original. Be sure to attach a confirmation of the loss of the original. There is no need to pay for the issued sheet, since the state duty for this is not withheld.
What to do with a writ of execution from the court
The judicial authorities do not issue instructions on where to go with the writ of execution from the court. There are a number of ways that a claimant can use to receive funds due. More often, citizens resort to the services of bailiffs. It is necessary to choose a service located on the territory of the debtor's residence, or in the organization at the place of localization of the property of the obligated person.
It is allowed to act independently:
- send an application to a banking institution when you find the debt account there;
- apply at the place of receipt by the obligated person of income if the amount is not higher than 25,000 rubles;
- resort to the help of collection agencies.
Submission of a writ of execution to the bailiff service
Together with the written statement on the enforcement of the court decision, you need to come to the reception by the bailiffs. After the submission of the writ of execution to the bailiff service has passed, the proceedings are started within 3 days and its implementation begins in order to recover the funds due from the debtor. Otherwise, the service is obliged to return the papers and transfer the refusal, where the reasons for the impossibility of fulfilling the duties will be justified. A copy of the decision must be presented to both parties to the conflict.
How do bailiffs work on the writ of execution
Having made a positive decision on enforcement proceedings, the work of bailiffs on writ of execution. They begin to implement the court order, for example, to evict a person from the occupied living space. If money is to be recovered from the debtor, then service employees become interested and send inquiries to various services and registers, where you can get information about the debtor's existing financial resources. In the absence of money, the property of the obligated person is seized for the purpose of its sale and receipt of money.