Every person who has debt (before the financial organization or utilities) should understand the ability to hold debt. Bailiffs are endowed by the legislation of the Russian Federation to the right to write off the money from the person's account, which shies away from paying its debt. But there are often cases when the fact of write-off becomes a complete surprise for a person with debt. A similar fact knocks a person with a sense and causes great doubts about such a measure. Unfortunately, the recovery of funds for enforcement proceedings from the Sberbank card is not such a rarity in our time.
The basis of this procedure is the Federal Law No. 229, which states that the retention of money from the debtor's plastic card is made on the basis of the executive list. The bank in no way coordinate the operation with the defaulter himself. Bailiffs directly turn to the bank to refer to money.
The recovery itself is superimposed on the debtor from the court. The current legislation requires the attachments to notify the non-payer about the procedure of retention of money - measures are mainly informational. If the debtor does not live at the address of the registration, there is no other possibility to notify him about it. This is not a reason to terminate debt recovery activities. As a rule, the executive list is sent directly to the banking institution where the citizen's savings are.
Why the money is written off
Catisfying money from the facial account of a citizen at the request of bailiffs is made in the following cases:
- unpaid fines for violation of traffic rules;
- to the payment of alimony;
- debt to the organization in which a loan was taken;
- duty to which there is an executive list.
From this, it is possible to make a simple conclusion that without a decision of the court, no one will not spike your money to the court. If you ignore legitimate requirements from the bidders, the write-off is carried out without you.
Important. There are a number of nuances that regulate the process of recovery of money from the personal account. When violating conditions from bailiffs, you have the right to appeal the holding of money in court courts.
For appeals, the following reasons serve:
- Bailiffs have the right to keep funds only from one of the available accounts. The remaining accounts are arrested.
- Money is debited by the moment until the debt is repayed in full.
- Bailiffs write off only 50% of the debtor's income. Regarding alimony, the proportion may increase to 70% of the income that a citizen receives commitments. The bailiffs have no access to information, from which card they have the right to hold money, and what is not there (in the case of social benefits). Independently grant information to the relevant FSSP employees. While you do not do it, bailiffs will debate, regardless of the origin of payments.
- In no case do not hold the money that are listed to people in the form of benefits.
Who writes off the money
Make sure that the retention of money is made by the staff of the federal bailiff service, not fraudsters. To do this, make the following steps:
- Contact the nearest branch of Sberbank of Russia or call the Call Center. There, make a request for operations that have been committed with respect to your personal accounts.
- In the document, which will receive, examine information about the date and time of transfers, details of organizations in respect of which was canceled. You can also find out the details of executive documents, on the basis of which write off.
- Having on the hands of the orders, you will have the opportunity to find out who specifically has written off your money.
When you appear all information on keeping money, head to the Department of the Federal Bailiff Service at the place of residence. You have the right to request documents, on the basis of which it was done. In the absence of information, on the basis of which you had a retention of money, write the complaint addressed to the head of this department of the FSSP. In the complaint, ask him to understand the established situation and, if possible, give an explanation, on the basis of what your personal savings were kept.
You can also get information on holding by visiting the official service website. There is a corresponding section in which data is stored on all executive processes. The text of the solution itself is impossible to see there, as it has a closed character. But there you will learn, in which territorial body is the case. After visiting the department, you will have all the information regarding the write-off of cash by the FSSP forces from the Sberbank card.
They wrote off erroneous
Bailiffs shot money from Sberbank card, but you know that I paid a fine - do not panic! Unfortunately, the excessive bureaucracy of our society leads to such cases when you have already paid a fine or made the necessary amount for repayment of debt, but discover that the amount has been re-written off without your knowledge. In this case, in the Department of Sberbank of Russia, write a complaint addressed to the head of the relevant unit. In this complaint, specify the transfer details that you want to challenge.
Important. If the write-off is made by mistake, the cash will be returned in full.
If bailiffs mistakenly accrued, the procedure will become more complicated.
Having on the hands all the numbers of rulings and other information, make up a letter to the name of FSSP, which speaks of an unlawful write-off of money from the account.
Important. The forensic production of Sberbank processes with great care. Often, the Bank makes additional requests to clarify the legitimacy of cash retention, if the organization's lawyers have doubts about the eligibility of this.
The complaint will take proceedings. According to his results, you will be given a certificate that there is no debt. This reference refer to the branch of Sberbank of Russia. There they also require the return procedure. In addition, bailiffs are obliged to provide a notice in which it is stated about the erroneous nature of the direction of the executive list. This notice is transferred to employees of a banking institution.
But not only the federal bailiff service has the right to keep funds. The federal tax service, the Federal Customs Service, as well as the courts of general jurisdiction, possesses this right.
Based on this, you should first clarify who is the initiator of cash retention. Perhaps this is the work of scammers.
Watch out the personal accounts, because the write-off of money without conducting alerts - there is a place to be on legal grounds. Existing legislation allows during the day to challenge a fraudulent write-off of money from your account. If you do not comply with these conditions, return your own funds will be very difficult.
Do not abuse delay in paying debt. At the bailiffs there are several possibilities at once in a forced procedure to recover the missing amount. In addition to keeping money from the personal account, it is also the arrest of property, its confiscation for further sale. Bailiffs carefully follow debt payments and, if necessary, can apply extreme measures. Voluntary repayment of debts will save you from the problem of finding out, for which they kept money on the Sberbank map.
When litigation already behind the back, the decision and executive list against the debtor was obtained, the immediate recovery process begins. The resulting executive document is sent to the service service. Its specialists law gives three days to open the executive. In practice, it may take more time.
Features of the executive list, as a legal document
Difficulties with understanding the essence and fundamentals of the executive list often arise from the creditors themselves. So, if for the debtor is a document that determines the amount of its debt and the need for its repayment, then the lender perceives it as the basis for the claims and fulfillment of obligations. Meanwhile, this document has a number of restrictions and legal nuances regarding the procedure and exploitation. Consider the features of this document in more detail.
To begin with, it is important to understand, both arguing parties that the executive sheet is a measure of a compulsory nature. And if the debtor counts on loyalty by the executive body, then there can be no speech about it.
At the same time, the executive list and the creditor does not give unlimited powers. In practice, especially, if we are talking about the executive sheets against private citizens, the recoverer in which is a credit and financial institution, its representatives, being simultaneously with bailiffs, are trying to reclaim the debt in the form of a uniform payment. Meanwhile, this is not provided by law. Such an option assumes the executive document obtained within the framework of the court order, which the debtor did not protest in 10 days, from the moment of receipt.
As part of the standard legal proceedings, the executive document may allow a phased repayment of debt. The amount of the monthly payment, the court most often stipulates.
Another error that lenders makes is delayed with the execution of the executive document. So, after receiving it to the hands, it should be transferred to the attacks for 10 days. And the recovery time itself on the executive document is only three years, and in relation to administrative violations - year.
To restore this period, the campaign side, of course, has the right, but for this you need significant arguments and justifications that the court will be able to take into account. But in this case, the period of re-submitting an application - 3 months, from the day to which the executive document has lost importance and strength.
Thus, the recovery of debt on the actuator is a sufficiently long procedure.
Can they refuse to make this document to production?
The legislator in this issue gives a clear list of reasons or grounds for refusing to accept the executive document. They conclude in the following moments:
- If the claimant or the debtor went away;
- Refuse to make a decision on the return of money without the presence of the appropriate statement;
- If the documents are submitted not at the place of the Action committee committed;
- If the validity of the document is expired and not restored;
- If the form and execution of the executive document are not met;
- If this executive document already contains production or was carried out, and it was closed at certain reasons.
The executive list needs to be transferred to bails within 10 days.
How do bailiffs work?
The sheets issued by the court are considered exclusively at the place of the execution of debtors of illegal actions or his place of residence, finding his property. When recovering the debt from the organization or enterprise, the document is submitted to the FSSP department, respectively, the legal address of the debtor. Only the original is applied to the application. On the return of debts from legal entities.
The procedure for the work of the bailiff is as follows:
- In a three-day period, an enforcement proceedings opens on a submitted statement;
- In a two-month period, the necessary performing actions are held.
Performing actions do not always provide a guarantee of the rapid performance of obligations and return funds. The creditor should be provided to the Contractor as much information about the debtor, its location, work, property and other data.
Bank accounts of the debtor
The compulsory character of the executive list gives the Contractor for this production primarily to pay for the remuneration of the debtor's money capital. In particular, conducts an inspection of bank accounts, subsequently sending an account arrest order to the bank institution. But in this moment there is also a number of restrictions.
Countless accounts are not subject to social payments and wages, which is the only source of existence.
In the absence of bank assets and the performer, the necessary information is obtained from the tax authorities.
The lack of bank accounts makes it possible to pay for the debtor's property. Here, the legislator also limits the actions of the Contractor. The only housing, household items necessary for life support, cash up to 25 thousand, products, and in general, the property, worth up to 30 thousand arrest, is not subject to, unless the debtor will not give it to debt voluntarily.
It should be noted that according to the executive list, the debtor can pay through the monthly making of funds on the expense, if we are talking about such debts as loans, alimony, damage to someone else's property.
Debt recovery and property arrest
The imposition of arrest on property and bank accounts is also carried out only after the debtor has not performed its obligations during the three-month period, or refused to pay for debt. And there is also a fact of malicious evasion or attempt to conceal property and means.
Thus, despite the compulsory character of the executive list, the legislator determines a clear list of activities to which an FSSP officer must be resorted when working to ensure the recovery of funds.
Explaining the situation more primitively, it should be noted that the opinion of the lender that barely having received the executive documents, the abutment will send documents for the arrest of accounts, as well as inventory property, in the root erroneously. The law obliges the bailiff to notify the debtor about the discovery in relation to its enforcement proceedings, to present an executive list. If earlier he was not received by the debtor for some reasons, to spend a conversation, after which the debtor, perhaps, will fulfill obligations without making extreme measures.
The lack of accounts in banks makes it possible to recover the debtor's property.
Exceptional discovery cases. Production
- Executive sheets on fines in the account of the state and state duty;
- For wages and compensation for unlawful dismissal;
- According to alimony, if the sheets were not received by the parties.
Independent return debt
Such an option to resolve the issue of debt return The legislator also provides for, while determining the procedure for recovery and the permissible amount of debt.
So, the presence of a leaf for execution gives the creditor the opportunity:
- To draw a recovery on the financial assets of the debtor, provided that it is known for the details and number of bank accounts. In this case, the appropriate banking or financial institution is sent a statement with the requirements for debt repayment, with the original executive document;
- To send this sheet directly to the employer of the debtor, in this case, accounting will be a monthly percentage of the percentage defined by law in the expense of the executive list, provided that the amount of debt is not more than 25 thousand, in the same way can be produced.
Additional information on the procedure for recovery of debt for use. List in this video:
In relation to the last point, it should be supplemented that the penalty may be addressed on pensions, and on other social benefits, including scholarships. But, in these cases, the sheet is sent to educational institutions, pension, social funds.
In our unstable time, anyone can become a debtor. But that the bailiffs did not arrest all the accounts, you need to know with what accounts can write off the debt, and for which you need to fight!
The arrest of accounts is made in favor of the repayment of all administrative debts, including unpaid alimony, loan debts, taxes, PDD fines, communal pay debts and other types of debts.
Executive production
Executive proceedings are always a forced process, the basis for which the judicial resolution is served. Only on the basis of the official paper, the bailiffs have the right to write off the accounts. According to the Federal Law "On Enforcement Procedure", before you start withdrawing money from accounts, the bailiffs are obliged to notify the borrower on conducting recovery. The notification is supported by a judicial sheet or permit from the senior bailiff.
According to Article 69 of the specified FZ, the bailiffs have the right to impose arrest to the debtor's accounts, even if they are located in different banks.
Bailiffs receive information about the accounts of the debtor's accounts on the bank based on the relevant request. It goes to most financial and credit organizations.
The first on the audit of the bailiffs is Sberbank. Most often, the account of this particular organization is written off in favor of FSSP.
At the request of banks provide bailiffs with the following information:
account information indicating the cash balance;
Data on other values \u200b\u200bin safes.
By law, the write-off of money from salary maps should not exceed more than 50% of the accrual amount. If one-time write-off does not cover the amount of revenues, the bailiffs have the right to implement several monthly write-offs.
Reducing the percentage of write-off
The debtor, under the condition of a difficult financial situation, may insist on reducing the percentage of monthly write-off. Such cases are currently widespread in judicial practice. The judges reduce the amount of recovery even up to 35-25% upon presentation by the debtor relevant evidence.
In order to prove the severity of its own material situation, it will be necessary to provide in court:
certificates of wages or pensions;
receipts on the payment of utilities services;
Documents indicating the availability of dependents;
Other documents relating to any debtor's income.
What funds are subject to and are not subject to arrest?
According to the Federal Law "On Enforcement Proceedings", the bailiffs have the right to recover money, but cannot block the use of the score, because This contradicts their powers.
The bailiff should not receive the consent of the debtor for recovery. It is enough to notify the owl of the money on the removal by registered letter by mail. But if this letter does not reach the addressee or the debtor will receive a notice after writing off the money from the account - this is already the cost of enforcement proceedings, the responsibility for which the mail bears.
Bailiffs impose arrest:
to debtor's accounts without determining their features;
on bank cards (salary, credit, calculated, etc.);
on deposits and deposits.
The attracting is not obliged to take into account the target assignment of the account, and banks do not provide such information.
In art. The 101 FZ "On Enforcement Proceedings" is written that recovery cannot be drawn to the following types of income:
monetary amounts paid to the compensation of harm caused to health;
Monetary amounts paid to compensation for harm in connection with the death of the breadwinner;
Monetary amounts paid to persons who received injury in the performance of official duties, and members of their families in the event of the death of these persons;
compensatory payments to victims as a result of radiation or man-made disasters;
compensation payments due to care for disabled citizens;
Monthly cash payments and annual cash payments (compensation for travel, acquisition of drugs and other);
Alimony, as well as the amounts paid for the maintenance of minor children during the search period of their parents;
compensation payments (due to a service business trip, with a transfer, reception or direction to work to another locality; due to the wear of the tool belonging to the employee; the monetary amounts paid by the organization in connection with the birth of a child, with the death of relatives, with marriage registration);
insurance provision for compulsory social insurance, with the exception of an old-age insurance pension, disability pension (taking into account fixed payments to the insurance pension, increasing fixed payments to the insurance pension), as well as a cumulative pension, urgent pension payments and temporary disability benefits;
pensions on the occasion of the loss of the breadwinner;
payments to pensions on the occasion of the loss of the breadwinner;
benefits to citizens who have children;
maternal capital;
The sums of one-time material assistance (due to a natural disaster or other extraordinary circumstances; in connection with the terrorist act; in connection with the death of a family member);
Amount of full or partial compensation for the cost of vouchers, with the exception of tourist, employers to their employees and their families, disabled people who are not working in this organization, in the territory of the Russian Federation sanatorium and recruitment institutions, as well as the amount of complete or partial cost compensation vouchers for children under the age of sixteen years old, in the territory of the Russian Federation, sanatorium and recruitment institutions;
sums of compensation for the cost of travel to the place of treatment and back (including the accompanying person);
Social allowance for burial.
In addition, the bailiffs are not entitled to arrest a credit account, it is not intended to carry out calculations, belongs to the bank and is used to account for loan debt.
In the event that the recovery is made, a citizen should contact the bailiffs with a statement and a document that confirms that the specified payments are made.
Challenging the recovers from the accounts that the above payments are listed on the shoulders of the debtor itself.
How to challenge removal from the account?
Following the provisions of the Federal Law "On Enforcement Procedure", the victim is entitled to submit a complaint against the actions of the baits. The complaint can be sent to the territorial department of FSSP, to the prosecutor's office or to the judicial body at the place of residence.
So that the cash is not written off from social accounts, the debtor is obliged to provide attack documents confirming the nature of the receipt of money. If this is a credit account, then it is necessary to present a loan agreement.
A complaint against the decision of bailiffs is submitted within ten days from the date of the decision. In the event that the debtor was not notified, the complaint is filed within ten days from the day when this person found out or should have led to a resolution.
If the debtor was not notified of the initiation of the court proceedings and did not have time to bring the necessary documents, the money back with him and returned them through the court.
What if you blocked the map
Remove the arrest from the account and unlock the map is possible on the following grounds:
After receiving a notice of the arrest of the account, it is worth calling the bank or personally visit this organization.
Get information about the amount of debt and possible options for its repayment.
Pay off the debt any of the proposed methods.
After 6-8 hours, arrest will be made from the account. In rare cases, it is worth expecting up to 24 hours.
To return illegally written off the debtor, the debtor should apply to the head of the relevant FSSP division.
The application should apply documents confirming the illegality of the write-off procedure. For example, a certificate of the target character of the account or an extract on a double debt debt accounting.
Paper is fed to FSSP in a double instance. After that, within 7 days, the law should be issued a decision on the cancellation of the previously made document.
If there is a debt, you should always be aware of the possible blocking of funds and verify the availability of a judicial decision on the FSSP website.
Situations when an executive list comes to the institution (most often - to hold alimony for the maintenance of minor children) to a debtor employee, often in practice. In this case, the institution, which is an employer for the debtor, should be kept on the executive list of wages (executive leaf or judicial order) for each monetary payment to this employee. How to do it right, we will tell in this material.
The rules for recovery on executive documents.
The main regulatory act regulating the procedure for holding the executive list, is the Federal Law of 02.10.2007 No. 229-FZ "On Enforcement Proceedings" (hereinafter - Law No. 229-FZ).
According to paragraph 1 of Art. 9 of the Law No. 229-FZ in the institution paying a wage to the debtor (scholarships or other payments), the executive document can be received from a direct definition in the case of:
recovery of money not exceeding in the amount of 100,000 rubles.
For example, the tax authorities can enter an executive document on the recovery of unpaid fiscal payments. In this case, the IFTS, simultaneously with the executive document, should submit a statement with the banking details that need to list money at the expense of debt repayment (paragraph 2 of Article 9 of Law No. 229-FZ).
In addition, the executive list to the employee of the institution can come from the bailiff in the case (paragraph. 1 Article 98 of Law No. 229-FZ):
recovery of periodic payments;
recovery of the amount not exceeding 10,000 rubles;
there is no lack of or insufficiency in the debtor of cash and other property for the fulfillment of the requirements of the executive document in full.
The most common executive document from the bailiffs of performers is an executive list for the recovery of alimony.
In turn, the institution paying the debtor payroll or lists other periodic payments, from the date of receipt of the executive document from the recoverer by virtue of paragraph 3 of Art. 98 of Law No. 229-FZ is obliged to hold funds from the salary and other revenues of the debtor in accordance with the requirements contained in the executive document. The employer's institution within a three-day period from the date of payment is obliged to pay or translate withholding money to the recoverer.
So, upon receipt by the establishment of the executive document (executive list or judicial order), in which an employee of the institution is specified as a debtor, the institution is obliged to keep the amount marked in the executive document (including from an advance) and other cash payments made in favor of the employee , regardless of his desire.
Currently, the list of wages and other income, of which the deduction of alimony on minor children is retention, approved by the Decree of the Government of the Russian Federation of July 18, 1996 No. 841.
Revenues that cannot be drawn on the executive list from wages
The list of payments, of which the employer's institution is not entitled to produce retention, named in Art. 101 of Law No. 229-FZ. In particular, such payments are included in it:
compensation payments established by the legislation of the Russian Federation on labor (due to a service business trip, with a transfer, reception or direction to work in another locality, using the personal property of employees);
payments in connection with the birth of a child, with the death of relatives, with marriage registration;
childcare benefits and other benefits paid at the expense of FSS funds (exception - temporary disability allowance);
monetary amounts paid as an alimony, as well as the amount paid for the maintenance of minor children during the search period of their parents;
the monetary amounts paid in connection with the compensation of harm caused to health, as well as payments to those who received injury (injuries, injuries, contusion) in the performance of official duties, and their families in the event of death (death) of these persons.
Retention rules.
The amount of deduction from the wage and other revenues of the debtor (including the amount of the amount to be deduced, is set as a percentage (shares) from the income of the employee) is calculated from the amount left after tax retention (NFDL) (part 1 of Article 99 of the Law No. 229-FZ).
Detention are made before execution in full requirements contained in the executive document (Part 2 of the title), with each payment of money to the employee, taking into account the restrictions shown in the schemes (Article 138 of the Labor Code of the Russian Federation, Part 2 - 3 Article 99 of Law No. 229 -FZ).
We will add: these limitations of the amount of deduction from wages and other revenues of the debtor-citizen are not applied when recovering the funds in the debtor's accounts, which the employer enters the wages enroll (clause 4 of Article 99 of Law No. 229-FZ). The exceptions are the sums of the last periodic payment. In fact, this exception means that the recovery can be drawn to the accumulation, that is, excess, formed even on a salary card (account) by the time of recovery, can be charged in the total amount of the residue. Only in relation to the last wage receipt will be a restriction of holding 50 or 70%.
The costs of transferring money on executive documents - the Bank's commission (if the deduction amount lists the organization to the settlement account) or the postal transfer fee (if the amount of deduction is paid to the recoverer by mail) - should be carried out at the expense of the employee. This follows from Art. 109 of the RF IC.
If a consolidated executive proceedings were initiated against the debtor employee, the order of meeting the requirements of the recovers who submitted on the day the distribution of the relevant monetary amount executive documents is determined by the provisions of Art. 111 of Law No. 229-FZ. The file called four queues (see Table).
| Priority |
Type of recovery |
Maximum size |
|---|---|---|
First of all |
Alimony, the amount of compensation for harm caused by the amount of compensation for harm due to the death of the breadwinner, the amount of damage damage caused by the crime, compensation of moral damage |
No more than 70% (part 3), with the exception of compensation for moral damage |
Second than |
Weekend benefits, remuneration of persons working (workers) on labor contracts, remuneration to authors of intellectual results |
No more than 50% (h. 2) |
Third Russian |
Required payments to the budget, compulsory payments to extrabudgetary funds |
|
Fourth of all |
All other requirements (for example, loan debt, administrative penalty) |
When and how does the institution end enforcement proceedings against an employee?
According to paragraph 4 of Art. 98 of Law No. 229-ФЗ Institution, paying a wage or other periodic payments, completes the execution of the executive document:
after transferring funds in full;
with a change in the debtor of the place of work, study, the place of receipt of the pension and other income;
according to the recoverer;
according to the decree of the bailiff on termination (on the end, cancellation) of execution.
According to the employer when the specified circumstances should be found, determined by the provisions of paragraph 4.1 of Art. 98 of Law No. 229-FZ. In particular, no later than the next day, the employer must return:
a recoverer - an executive document received from him with a mark indicating the foundation of the end of its execution and the period during which it was performed, as well as a recovered amount, if partial execution took place;
the bailiff-performer - a copy of the executive document with a similar mark from him.
If the recorder withdrew the executive documents.
Executive sheets issued on the basis of judicial acts, by virtue of paragraph 1 of Art. 21 of Law No. 229-FZ can be presented for execution within three years from the day the judicial act entry into force.
But if the execution on the previously presented executive leaf was completed in connection with the review of the executive list, or in connection with the commission of a recoverer preventing the execution, the period from the date of the presentation of this executive list to execute until the end of the execution on it one of these grounds is deducted from the corresponding period of presentation of the execution sheet to execution (clause 3.1 of Art. 22 of Law No. 229-FZ).
In other words, the recoverer, withdrawing the executive list, cannot extend the time for its execution.
What should the institution do when dismissing the debtor's employee?
In the case of a change by the employee, the workshop (the place of receipt of the pension and other income) the employer's institution is obliged (clause 4, 4.1 and 5th. 98 of Law No. 229-FZ):
Immediately (the next day) to inform the bailiff.
Return a bailiff with an executive document with a marking about the recovery. Information about the execution of the recovery is transmitted in arbitrary form. It must be reflected in it (see the letter of the FSSP of the Russian Federation of 06/25/2012 No. 12 / 01-15257):
the size of the deduction;
retained amount;
payment order number (receipt);
listed date;
debt balance.
This message is assigned to the seal of the institution and the signature of the accountant.
The responsibility of the institution for failure to fulfill the prescriptions specified in the executive sheets.
In case of violation of the legislation of the Russian Federation on enforcement proceedings, the guilty person is undergoing administrative or criminal liability on the basis of the legislation of the Russian Federation (Article 113 of Law No. 229-FZ).
| View of responsibility |
Punishment |
|---|---|
Administrative responsibility (part 3 of Art. 17.4 Code of Administrative Code) |
for officials - in the amount of from 15,000 to 20,000 rubles; for legal entities - in the amount of from 50,000 to 100,000 rubles. |
Criminal liability (Art. 315 of the Criminal Code of the Russian Federation) |
For malicious failure to fulfill the executive documents, responsible persons of institutions can be brought to criminal liability, which has been punished: fine in the amount of up to 200,000 rubles. or in the amount of wages (other income of the convicted) for the period up to 18 months; deprivation of the right to hold certain positions or carry out certain activities for up to five years; mandatory work for up to 480 hours; forced work for up to two years; arrest for up to six months or imprisonment for up to two years |
Additionally, for this issue, see the article S. Gross "Calculations on the deductions from the wages of employees", No. 8, 2019.
"When the baptized should leave us, finally, alone?", "Quite often ask this question, knowing that the law has some deadlines for the recovery of debts.
Of course, the most effective way to get rid of the "annoying bailiff" is to fully pay a debt. Well, if there is no way to find the right amount of money?
Close the executive production without payment is not so easy. But still there are several exceptional cases when the law prohibits collecting debts, despite the fact that they are still not repaid.
Duty to tax
Decisions by the tax authorities arreed, penalties and penalties can be recognized as hopeless to recovery. Then they are subject to write-off in the manner provided for by the Tax Code (Art. 59), and the penalty is terminated.FNS wrote off debt with debtors, if:
- the bailiff returned the executive document, i.e. I could not find the debtor, or his property, or the debtor has no property, at the expense of which you can pay off debt.
- the court refused to initiate a debtor bankruptcy case, because He does not have enough funds to pay for all necessary procedures, or the debtor recognized bankrupt.
Administrative penalty
For the execution of administrative punishment, a tight term was established - 2 years from the day when the decision entered into legal force. After that, it is forbidden to collect a fine or apply another punishment that was appointed in accordance with the Code of Administrative District.But if the debtor specifically "pulls time", evading the payment of the fine, then the expiration of 2 years will not help him: the term is suspended until the obstacles to the recovery of the fine will be eliminated.
"Not all at once"
If there is nothing to take from the debtor, except for a salary or pension, adding introduces monthly deduction from income to debt.According to the law, it is impossible to hold more than 50%, and only for debts on alimony or compensation for harm to life or health, the permissible share of deduction increases to 70%.
Therefore, from the debtor, who from earnings or pension is already held the maximum percentage, to recover other debts is impossible (unless it is a mortgage - then sell an apartment).
For example: the debtor holds from a salary of 70% for the payment of alimony to children. As long as this debt is closed (and this, as a rule, is not soon - until the child is 18 years old), the rest of his creditors will have to wait for its turn.
"Share Share"
You can not pick up what is not - therefore, the addition must complete the executive production and return the leaf to the recoverer if the debtor has no property.These include those cases where property is, but according to the law it is impossible to pay for debt on debts (the only housing, a pension on the occasion of the loss of the breadwinner, the monthly cash payment to the federal benefits, etc.).
Executive production will be stopped only in one case: if the recovere will miss a 3-year term for presenting a sheet to execution.
And this term resumes if the abill returned the sheet due to the impossibility of recovery. Having received the executive document back, the recoverer is entitled to present it to the bailiffs again, but not earlier than 6 months later.
And so it can continue indefinitely if the recovere will comply with a 3-year term.
Only in one case this period is not renewed: if the recoverer himself recalled the executive list. Then 3 years are counted from the day when he presented a sheet of bailiffs.
"Railed"
If a citizen is insolvented, he may apply to the court with a statement of recognition by bankrupt.Either his lenders are entitled to apply if the amount of debt exceeds 500 thousand rubles and there are no payments for more than 3 months.
