Debt repayment under the executive document is a voluntary or compulsory execution of a claim within the framework of enforcement proceedings. The debtor has the right and is obliged to pay off his debt for voluntary basis... For this, a certain period is established, which, according to general rule, does not exceed 1 - 5 days from the date of receipt of the decision to initiate enforcement proceedings or from the date of receipt by the debtor of a copy of the enforcement document. If the demand is not fulfilled or cannot be fulfilled on a voluntary basis, firstly, the debtor is subject to an additional obligation to pay the enforcement fee, and, secondly, the entire arsenal of available enforcement measures can be applied to him.
The procedure for voluntary debt repayment and the process of its compulsory collection are regulated by the Law on Enforcement Proceedings. The law is applied both in the situation of debt collection by the FSSP RF (bailiffs), and in cases of direct presentation of the writ of execution by the claimant to the executor.
Voluntary debt repayment
The debtor can pay off the debt on writ of execution both during the period set for this purpose, and in the framework of enforcement. In the first case, he will not be obliged to pay the enforcement fee, and measures of influence will not be applied. In the second case, the voluntary repayment of the debt allows you to complete the enforcement proceedings and remove all prohibitions and restrictions associated with enforcement.
If the debtor has a desire to pay off the debt voluntarily, but there is no way to do it immediately and in full, in order to avoid the arrest and sale of property or other measures of influence, it is necessary to resolve the issue of deferral or installment plan for the execution of the claim.
This is done by applying to the court that issued the act on which the collection takes place, or to the court at the place of enforcement proceedings. In addition, you can apply with a corresponding statement to the bailiff, and if he considers the request justified, he will independently prepare a submission to the court.
In general, when the debtor is interested and active in the issue of debt repayment, both the bailiffs and the courts are inclined to make concessions. But an installment plan or a deferral will not be provided just like that, just because the debtor needs it. It is necessary to substantiate the request with good reasons, for example, a difficult financial situation, which is temporary, illness, high costs associated with treatment, etc. In addition, the debtor must justify the period for which he is requesting an extension or the proposed installment plan.
Enforced collection begins if the debtor was unable to repay the debt within the period for voluntary performance of the obligation. The only thing that can postpone the start date for the introduction of restrictive, prohibitive measures, the sale of property or suspend the procedure is the establishment of a deferral or installment plan.
Debt is forcibly repaid in different ways. It all depends on the characteristics of the debt, judgment on it, awarded or established order execution of the court order and other circumstances of the case.
The main options are:
- If the debtor has bank accounts and Money on them, as well as upon receipt of income on the accounts, the bank may be the direct executor. In this case, the credit institution begins execution after receiving the executive document either from the bailiffs or from the creditor. Under certain conditions, the bank can be both the creditor-collector and the executor at the same time.
- If the debtor works, the writ of execution may be sent for direct execution at the place of work. The debt is recovered from debtors-retirees by deducting a certain percentage from the pension. The direct executor is the FIU. Levy of execution on wages, pensions and other income is possible only in three cases:
- debt repayment - payment of periodic payments, for example, alimony;
- it is necessary to collect a debt in the amount of up to 10 thousand rubles;
- the debtor does not have money and property to pay off the debt in full.
- In a situation where the debtor does not have income, with a large amount of debt that cannot be repaid in periodic payments, in other situations when the debt cannot be collected in full, the bailiffs decide to arrest the debtor's property and funds. In the future, the property is sold by auction.
- If there is no property, and there is no income at the expense of which the collection can be carried out, the debt actually "hangs". Periodically, the bailiffs will check the appearance of the debtor's assets, place of work or other sources of income. The result may be the end of the proceedings and the return of the writ of execution to the claimant due to the impossibility of execution. True, this does not deprive the creditor of the right to re-appeal, which entails a restart of the entire procedure.
The terms of execution of a writ of execution by bailiffs in practice vary very seriously in time. The fact is that only actual performance can speak of performance, which is far from always possible. As a result, many cases last for years, are suspended, ended, and reopened. And then either the claimant will get tired of waiting and will no longer insist on continuing the process, or the debtor will return the debt, or gradually the entire debt will be collected from him.
The standard enforcement of a writ of execution (enforcement proceedings) lasts 2 months. The executive document or the law may establish a different deadline for the fulfillment of the requirement. Suspension of proceedings, payment by installments and deferrals, postponement of enforcement actions are not included in the deadline. Therefore, enforcement proceedings can last for years, as well as the actual collection of debt.
Many of us know about debt firsthand. The reasons why we fall into debt pits lots of. But in any case, they negatively affect the speed of our progress towards financial independence.
Ideally, in everyday life or in any field of activity, debt should be excluded. But if this could not be avoided, then do not despair, since in this article we will consider one of effective ways getting rid of them.
Credit card debt levels
- the first level - credit card debts are paid off monthly;
- the second level is credit card debt, if it is possible to make payments in excess of the minimum;
- the third level is the ability to make only minimal payments;
- the fourth level is the inability to make even minimal payments to pay off credit card debts.
Let's say you are currently at one of four levels, in particular, you have no credit card debt. At the first level, you buy with a credit card, but pay the bills in full as soon as you receive them.
We will not focus on this level in this article because it does not have problems with credit card debt. Perhaps you should shop less, but at least you are free of debt.
At the second level, you have debts and free money to pay off.
The third level is characterized by the lack of free money, in addition to the mandatory minimum payments.
At the fourth level, you are unable to make even the smallest payments.
We will reveal a secret for you the best way getting rid of debt. Don't think best means simple or cheap.
The best way is a way that is part of a new habit, attitude or skill, that is, a way that allows you to prevent future debt.
First, let's take a look at the third level.
Suppose you have no money to spare and are only able to make minimal payments. V this case there are several options: apply for a consolidation loan, look for a credit card with low interest or call your creditors and ask for a reduction interest rate.
The latter option will save you thousands of dollars. Call your lenders and ask them to lower your interest rate.
Everything is very simple. There is a known case when one person, through this method, achieved a 10% reduction in the interest rate (from 23 to 13%), and at that time he did not even make any payments. For the entire time of paying off credit card debts, he saved about $ 5 thousand on interest alone. And all thanks to one phone call. The effectiveness of the method (despite its prostate) is obvious.
You will not reduce your payments by just lowering your interest rate. Make payments in the same volume, then you can pay off debts much faster.
But what if you are at the fourth level and are unable to make even the smallest payments?
During the moratorium, you do not pay any of your creditors. You warn them that you are tidying up their finances and intend to pay them completely, that you will not pay the bills for a month or two, and after this period, contact them again, proposing a new payment schedule, which you will strictly adhere to. ...
You need to know this: no matter at what level you are, do not make new debts while paying off current or old ones.
So, let's look at one of the tools - a form of getting rid of debt.
This is the first tool that explains how to get rid of debt painlessly. The following is a sample of such a form.
Let's discuss the second level.
Suppose you have one hundred "extra" dollars left a month and you own ten credit cards... Does it make sense to charge ten dollars to each lender monthly?
May be. But experts advise transferring the entire amount to one card - the one with the smallest balance and probably the highest interest rates. These usually include store cards. They don't have to have the highest interest rates. The smallest balance is the main criterion.
Below is a look at the form of getting rid of debt.
Let's imagine a table:
- First line. Lender - MasterCard, debt balance - $ 461, annual interest rate - 19.2%, minimum payments - $ 20, production fees - $ 120;
- the second line. The lender is a store, the balance of the debt is $ 1,800, the annual interest rate is 21.6%, the minimum payments are $ 80;
- third line. Visa, $ 1,800, 19.8% and $ 80, respectively.
The top line shows the balance of $ 461 on the MasterCard. We have placed this card in the top row, despite the fact that the interest rate on other cards is much higher. The most important criterion is the smallest remainder. If we change the $ 20 minimum payment to $ 100, the balance will be liquidated within 4 months.
Remember how some debt hung over you. How did you feel when you paid in full? Isn't this an amazing feeling?
You don't owe anyone anything else! This is how this system works. It is based on the relief that you experience after paying off the debt, the joyful feelings as a result of the actions you have taken.
The effectiveness of this program is primarily due to emotional or psychological benefits, and secondly to economic ones. You are strengthening your financial position for effective money management. You make decisions that lead you step by step to financial freedom.
Full debt coverage from one lender is the essence of this tool. Choose a lender with the lowest balance sheet and the highest interest rate - and methodically repay this debt. Cross one lender off the list. When filling out the above form for getting rid of debt, pay attention to these indicators. And gradually move down the list.
After paying off the first debt, transfer the saved minimum payment plus an additional $ 100 to the next card on the list. In this case, it is a store card. The minimum payment is $ 80 plus an additional $ 100 for a total of $ 180.
Add to that $ 20 MasterCard, which you no longer need to pay, and you get $ 200 a month. In 8 months - instead of 16, you will pay off this debt as well. Then add $ 200 to minimum payment$ 80 on Visa and get $ 280 monthly.
If you follow the described scheme, then all debts can be paid off in 17 months instead of 29, freeing up a whole year and saving $ 440 in interest. Without transferring the balance to other cards with a lower interest rate. No reduction by the lender of the current interest rate. Without obtaining a consolidation loan.
Warning
If you get rid of debts quickly and painlessly, they inevitably come back. If people take out a loan secured by real estate, refinance a loan they received, receive an inheritance or tax refunds, win the lottery, receive money as a gift from their parents, declare bankruptcy, or receive a consolidation loan in order to pay off existing debt, this does not teach them how to get rid of debt forever and ever.
Financial independence is a direct result of competent and efficient money management. This is what our article is about. Dexterous maneuvers will not teach you the most important thing. All they can teach you is how to get out of debt the next time you get bogged down in it.
yes, as one of the ways to fight and delay the consideration of the validity of the application. During this time, other creditors may also submit their applications, then there will be no termination. If they are absent, the probability of success is low, as described above. I cannot explain the application of Article 406, since I have not seen in practice its application in the described situation.
Build a chain based on this:
Clause 12 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation 23/12/2010 No. 63
...... and at the same time, the person challenging the transaction has proven that at the time of the transaction, the creditor or other person in respect of whom such a transaction was made, was or should have known about the sign of insolvency or insufficiency of property or about the circumstances that allow conclusion about the sign of insolvency or insufficiency of property.
When deciding whether the creditor should have known about these circumstances, it is taken into account to the extent that he could, acting reasonably and showing the discretion required of him under the terms of circulation, establish the existence of these circumstances.
The presence of other unfulfilled judicial acts, active enforcement proceedings, tax debts, etc. allows us to conclude that the debtor's property is insufficient, on their basis, one can try to prove that the repayment of the claim is an abuse of the right by the debtor, while referring to the Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation 18245/12 of 04/23/2013:
In order to comply with the principle of legal certainty, maintain the stability of civil turnover and ensure a reasonable balance of property interests of all creditors, the second is provided. required condition the invalidity of the transaction specified in paragraph five of paragraph 1 of Article 61.3 of the Law - when considering the dispute, it must be established that the person in respect of whom the transaction was made or should have been aware of the attribute
insolvency or insufficiency of property, or about circumstances that lead to a conclusion about the sign of insolvency or insufficiency of property (paragraph 3 of Article 61.3 of the Bankruptcy Law).
The counterparty who made a preferential transaction on the eve of bankruptcy, who at the same time had or should have had information about unsatisfactory financial condition the debtor has the opportunity to check whether he receives satisfaction in preference to the claims of other creditors. Therefore, such a person should also anticipate a possible offensive. negative consequences in the form of a return received.
With a different approach, the mere fact of preferential repayment of the debt can cause the subsequent infringement of the bona fide party, namely: the restored claim will not give her the right to vote at the meetings of creditors and will be satisfied only if the debtor will have any property after satisfying the claims of other creditors third priority (paragraph 2 of Article 61.6 of the Bankruptcy Law)
Emphasize that partial repayment in the presence of signs of insufficient property will entail in the future possible procedure bankruptcy the obligation to return money to the bankruptcy estate, while the restored claim will be in the register and the creditor will remain with a nose, he will not even be able to vote.
