According to statistics, only 20% of debtors repay the debt themselves within a month after the court's decision. 30% do it thanks to the bailiffs. And 50% categorically refuse the obligations imposed on them.
Most debtors do not voluntarily comply with court decisions. Therefore, in legal practice, one of the longest stages of completion judicial trial becomes compulsion to the execution of a court order.
Legal regulation of the collection processes takes place on the basis of Federal Laws No. 118 and No. 229. The powers of the bailiffs to collect debts, as an influencing mechanism on the debtor, is built on the basis of these legislative acts.
The bailiff-executor has the right: to arrest property, securities, money, to seize the listed property; check financial documents; organize the search for debtors and the search for property. After the decision comes into force, the court undertakes to issue a writ of execution in the hands of the plaintiff or, at his request, send the document for execution to the bailiff. The bailiff service will accept the writ of execution and draw up an application for collection.
Stages of debt collection by bailiffs
It is necessary to outline the main stages of the order of debt collection by bailiffs and the process of compulsory execution of a judicial act, as well as other authorized bodies.
- Start enforcement proceedings and the issuance of an order. On the basis of a written application from the claimant and a writ of execution, the bailiff initiates a resolution to initiate enforcement proceedings. Within six days from the beginning of the receipt of the writ of execution, a decision is made to the bailiffs department.
- The bailiff sends the order to the recoverer and the debtor. The decision reflects the time frame in which the debtor is able to voluntarily enforce the judgment. Based on Federal Law No. 229. this period is five days from the date of receipt of the order.
- Identification of the debtor's property. Bailiffs-executors have extended powers. They have the right to send a request to the cadastral chamber, traffic police, Rostekhnadzor to identify the debtor's property. These can be vehicles, real estate, or land... With the permission of the senior bailiff, the bailiff is able to visit non-residential premises, and in the implementation of the executive document on the eviction of the debtor, permission is not required.
- Ensuring the safety of property before the collection procedure. This stage consists in the arrest of the debtor's property. To prevent the sale of property that is subject to a penalty, a ban is imposed on the disposal of the object to secure a writ of execution.
The video examines the details of the work of bailiffs
Possible difficulties in debt collection
In cases where the debtor is hiding from paying the debt, the bailiff has the right to declare the citizen on the wanted list, as well as to involve the Ministry of Internal Affairs and the tax office. The search for a debtor is carried out carefully, starting from the place of residence and addresses of relatives, and ending with a workplace. FSSP representatives are authorized to conduct a search from 6 am to 10 pm. If the debtor is absent from the place of residence, then the bailiff undertakes to send the citizen's property for storage.
Read about how to collect a debt if an individual entrepreneur ceases to operate here.
The bailiffs have the right to seize any property that is not "vital" or "earning tool". It is also impossible to withdraw an apartment if it is the only home of the debtor and his family, with the exception of collecting mortgage arrears. The seized property is recorded in the inventory act and signed by attesting witnesses.
If the bailiffs cannot collect the debt within three years, they will be forced to close the enforcement case and notify the plaintiff that it is impossible to collect the debt. But debentures do not have a statute of limitations, therefore, the plaintiff has the right to apply to the court to extend the writ of execution and re-transfer the case to the bailiffs.
Complaint against the action or inaction of the bailiff-executor
Read about the debt collection service in the article: national debt collection service
The legislation of the Russian Federation provides for two ways to challenge the action or inaction of the bailiff to collect the debt. The first is to file a complaint with the chief of the bailiff, that is, in the order of subordination (according to Article 123 of the Federal Law "On Enforcement Proceedings"). The second method also boils down to filing a complaint, but against the orders of the bailiff, and in an arbitration court or a court of general jurisdiction, depending on where the official performs his duties. There is an opportunity to appeal against the actions of the bailiff, such as the issuance of orders that violate the rights of citizens. Also, the inaction of the bailiff is subject to appeal if he does not take the actions prescribed by law.
A complaint against a bailiff about his action or inaction is filed within ten days after the fact of violation is established. If the debtor is not informed about at what time the bailiff will carry out certain actions, then the citizen has the right to appeal against these actions no later than ten days from the moment of their completion. In this case, a postal notification with the date of receipt of the letter becomes evidence.
Based on article 199 of the Arbitration Procedure Code of the Russian Federation. An application to the arbitration court challenging the action or inaction of the bailiff must reflect the following points:
- Full name of the citizen or the name of the organization applying, place of residence or location of the organization;
- Full name official in respect of which the application is being drawn up;
- Grounds for appealing against the decision of a person of the bailiff service, a description of what his actions or inaction are;
- Requirements of the organization or citizen who wrote the complaint;
- Attached documents.
The application should be accompanied by: a receipt for payment of the state duty; a copy of the Impossibility of Execution Act; a copy of the decision on the end of the enforcement proceedings; a copy of the court decision on the case; a copy of the writ of execution.
As a result, the court will either satisfy the stated requirements or refuse. If the court approves the complaint, then the defendant will be charged the costs of paying the state duty, and the enforcement proceedings will resume.
Questions on debt collection by bailiffs, leave in the comments
Legal advice in Yekaterinburg
How to collect a debt if the debtor has no property?
How to collect a debt if the debtor has no property?
This question in consultations personal and virtual takes one of the first places.
Unfortunately, our Russian legislation is such that the debtor can often with impunity and successfully evade the collection of money from him. There are no real sanctions for non-repayment of debt. Initially, the debts are collected by the court, and so far everything is going well: the evidence in the hands of the creditor (plaintiff) is either a receipt. either a loan agreement or other documents. The court examines them, the debtor (defendant) cannot oppose anything to this, and for his part, he has no evidence that he returned the finances. The court makes a decision and awards the debt to collect. Written out a writ of execution, which is transferred to bailiffs. But then the situation is no longer so simple and rosy.
Debtors with us are individuals (citizens) and legal entities(organizations).
Debt collection from the debtor - physical. faces
When submitting a writ of execution to the district department of the bailiff service, I advise you to immediately indicate in the application all the information that is known to the creditor about the debtor, and which can help in the search for his property.
The most ideal debtor is a working person with a large and official salary who has worked in his place for a considerable time (preferably in public service), who has gained experience, titles or ranks, that is, who value his workplace, who will not quit his job in order to pay off the debt. In addition to this: permanent residence, the presence of property, preferably a car, and bank accounts. Such a case, of course, is rare, and you should not rely on it. Still, such debtors themselves are aware of the likelihood and risks of judicial collection of debts, and usually meet creditors halfway, not going to extremes and to the level of bailiffs with their coercive actions.
Read also: Special Jurisdiction of Cases to Arbitration Courts
The opposite (and this is much more common, which, in fact, is what the article is about) is a debtor who does not have official property. He doesn't have an apartment land plots and other real estate, by credit card or he does not use accounts, he often has a car, but it is registered in a different name (mother, wife, brother, etc.). It works informally, "in black", usually in the service sector - for example, in a taxi, tire service, construction crew, etc .; Fortunately, it is not so difficult to make employment documents, or not to have them at all. And here, when the debtor has no property, the issue of debt collection takes on a hopeless connotation. The law "On Enforcement Proceedings" indicates the measures that the bailiff can apply to the debtor; but no significant effect can be expected from them.
You have to fight for your money in any case. As practice and statistics show, with active and assertive actions, you can get your money back even from hardened long-term debtors.
Having initiated enforcement proceedings to collect the debt, having waited a period for voluntary payment of the debt and not waiting, the bailiff performs a standard set of actions:
- Sends a request to the Inspectorate of the Federal Tax Service (Inspectorate of the Federal Tax Service) that the tax authorities give the bailiff information about the debtor's place of work. Tax office owns such information, since each employer makes deductions from wages of taxes on behalf of the employee (at least obliged).
- The same request is sent to Pension Fund.
- Request to the traffic police about whether the debtor has a vehicle.
- Request to the regional chamber ( Federal Service state registration, cadastre and cartography), which real estate objects are recorded in the name of the debtor, where he is the owner.
- Bank inquiries about whether open accounts or the debtor's card, whether they have cash balances on them. Here the question often arises - to which specific banks should requests be sent? There is no answer, since we have a lot of banks, and the debtor has the right to open accounts in any banks. Therefore, they are usually limited to the largest ones (Sberbank, maybe VTB and Gazprombank, or others in a particular city).
Having sent inquiries, the bailiff waits for some time, receives answers from all the listed bodies. If any request from the list “fired”, that is, it contains information about the debtor's property, the bailiff takes measures to arrest and sell this property. If earnings are identified, then 50% of it is withheld in favor of the creditor, until the debt is fully repaid. If money is found in bank accounts, it is completely arrested. The car is arrested and withdrawn for sale from the auction, if it is not in kind, it is put on the wanted list. Real estate (with the exception of the only apartment, since it is impossible to evict and take the apartment from the debtor, if it is alone) is also arrested.
If all requests returned empty, that is, with one line like “ We do not have information about the debtor's name of the property", Then the bailiff makes an exit to the debtor's home at the place of residence, with the intention of taking away household items. It happens that this is beneficial, the bailiff can take away a TV, tape recorder or other property; but, as you yourself understand, its cost will be minimal, and even taking into account the use and wear and tear that took place, and in the presence of a large debt, this is also not a panacea.
The next measure is the ban on leaving Russia, established by the bailiff in relation to the debtor. In some cases, this matters, so you should not neglect it - you need to use all possible measures to collect your debt. But if the debtor leads a marginal lifestyle and does not intend to travel abroad, then this compulsory measure will not take effect.
The last thing that should be used in the process of collecting debts from individuals is to find out if the debtor is married. To do this, let the bailiff send a request to the registry office. After all, if the debtor has a wife, for example, and registers all his property in her name, then the creditor has a chance to judicial procedure to divide this property. allocate the share of the debtor spouse, and withdraw it against the debt. If there is a marriage, it becomes necessary to check the property of the spouse, often this is the only chance to get the debt back.
That's all the measures of the state exacting-debt coercion. Here I do not mention the bailiff's right to charge a performance fee of 7% of the collected debt, since if the debtor did not pay back the principal debt, then this 7%, obviously, is for him - as for an elephant grain. The creditor has the right to collect through the court also a penalty for overdue debt repayment and indexation; but again, due to the failure to return the principal, this penalty loses its punitive (for the debtor) and enrichment (for the creditor) properties.
Our laws do not establish criminal punishment for debts (with the exception of alimony debts, for which there is a separate article 157 in the Criminal Code), and the righteous anger of creditors in this vein will not be realized, unfortunately. Fraud, which all the aggrieved creditors put pressure on, cannot be initiated here - the police refuse to initiate with reference to civil (and not criminal) legal relations.
Yes, this, in fact, does not matter, because the punishment is secondary, the main thing for the creditor is to get his money back. What could really help here is forced labor for debtors, but our laws do not establish this. Labor is free, and this is spelled out in the Constitution, which we all once adopted.
On the sidelines of the legislative branch, rumors have been circulating for several years about intentions to impose a driving license revocation against debtors. Personally, this seems to me to be a very effective and high-quality measure of state coercion, and I would like to see this point in our law on enforcement proceedings. But this bill has been stalled for a long time, and the prospect of its adoption is very vague.
So it turns out that the courts make decisions on debt collection, but in fact they are not always enforced. If the bailiff took all the above measures, but nothing happened, he simply ends the enforcement proceedings. The writ of execution is sent back to the claimant.
The recoverer has the right to present this sheet again, which I advise to do - the debt is red in payment, and let the debtors not relax, let them appear in the lists of debtors on the FSSP website and infringe upon themselves all their lives, being restricted to travel and registering property on other people, then there is risking it. It is possible to present a writ of execution in this way repeatedly, without limitation, that is, to prosecute the debtor all his life, and in the case of inheritance, also to bring the heirs of the deceased debtor to debt liability.
When the debtor reaches retirement age, you can withhold 50% of his pension... And the debtor will not be able to evade this in any way, since the pension fund will transfer money to your account directly, without the participation of the debtor.
Advice to creditors-collectors: when submitting a writ of execution to bailiffs, take the initiative. The bailiffs are overloaded with work, this is an objective reality. Accusations such as “ My bailiff does nothing », « The bailiffs are inactive”, But the circumstances are such that at present every bailiff has a lot of enforcement proceedings - up to two thousand and more per person, this is a colossal burden that a normal person simply cannot do. So the bailiff " doing nothing»Not because of their laziness, but often - due to objective circumstances. Therefore, the recoverer is recommended not only to hand over the writ of execution and passively wait, as it happens in nine cases out of ten, but to actively connect: inform the bailiff all information about the debtor and his property, offer the bailiff to get his hands on and take personally requests to government bodies, receive them personally, return the fulfilled requests to the bailiff, agree on the date and time of going to the debtor's home, if necessary, bring and drive the bailiff, etc. This is not done in order to facilitate the work of the bailiff - no, after all, the bailiff receives his salary and must work it off. This is done only to speed up enforcement proceedings - this is the main goal. If the bailiff sends all requests by mail, he will receive answers to them in about a month or even two. During this time, the debtor, it is quite possible that he will have time to transfer his property to his brother-in-law, sell it, donate it, etc. that is, to hide from the creditor. Thus, assistance to the bailiff is the direct interest of the claimant.
Read also: Write-off of receivables in connection with liquidation of the debtor
Debt collection from the debtor - legal entity faces
Here the situation is much worse. In the overwhelming majority of cases, we are talking about the simplest organizational and legal form - LLC (limited liability company), which anyone can register without restrictions, as many times as necessary. Accordingly, if you entered into a consumer legal relationship with an LLC, or simply gave the LLC a loan, then the LLC will be the debtor, and not the person with whom you communicated, not the director and not the founder. If the founder of an LLC sits in a beautifully furnished office, drives an expensive car, this does not mean at all that the LLC itself has sufficient property (or at least some) to pay off the debt to you. This is the misconception of most people who, in conversation with a lawyer, say: “ Well, if there is no property and money in the LLC, then let the founder pay". This is an illegal requirement. The founder will not pay you anything, he should not. It should be an LLC, but there is no money in it - the current account is zero, there is no other property. Here and again we get the end of the enforcement proceedings on the same basis - in view of the impossibility of collecting the debt. After all, you can simply abandon an LLC with all the accumulated debts, and immediately open a new one, even with exactly the same name, and the debt does not go to a new LLC.
Otherwise, all actions between the claimant and the bailiff are similar - initiation of enforcement proceedings, distribution of requests, departure at the location of the LLC ( legal address) etc. Unless the ban on traveling abroad does not apply here, because it only exists with respect to individuals.
In this regard, advice: when concluding an agreement or other legal relationship, pay attention to who is cooperating with you - LLC or individual entrepreneur. If there is an opportunity to choose, choose an individual entrepreneur, an individual entrepreneur. it individual, which will pay off debts to you with all of its property.
Or, if there is only an LLC, pay attention to that moment, whether it has a license, or whether the LLC is a member of self-regulatory organizations(SRO). This is a significant argument in favor of solvency: if the LLC has a license, then the likelihood of successful debt collection in the event of a dispute is much higher.
There is one more important argument that you may not know about at the initial stage: this debts of counterparties to the debtor enterprise... This means, for example, that earlier the company, which owes you money, operated, entered into contracts, received money, but not all buyers and customers paid off with it. Debtors remained. And so you filed a lawsuit, recovered your money, arrested the legal entity's accounts. The bailiff did everything he could - zeros everywhere. And the enforcement proceedings were frozen. But time passes, some debtor settles accounts with the enterprise. The money goes to the account arrested by the bailiff, and is transferred to you to pay off the debt. So there is always a chance.
Here is such a gloomy picture in some places in terms of debt collection.
However, I will repeat once more: you must fight for your money... Life shows that sometimes they can be returned even in hopeless cases, even from hardened debtors, zero LLCs, etc. The more active your actions are, the greater the chances of success.
How do bailiffs collect debts?
According to the federal law "On Enforcement Proceedings" bailiffs endowed with a wide range of powers to collect debts. By opening enforcement proceedings on the basis of a writ of execution (for example, a writ of execution), the bailiff has the right to:
- to seize the debtor's property, including money and securities;
- to seize the arrested property of the debtor;
- to check the financial documentation of the debtor;
- to declare the debtor or his property on the wanted list.
After the commencement of proceedings, the debtor is given 5 days for the voluntary execution of the court decision. If the debtor refuses to pay off the debt on his own within the period provided for this, the bailiff gets access to the registers of his property (for the purpose of subsequent arrest), which includes:
- vehicles;
- residential real estate (apartment, house, cottage, etc.);
- land.
If the debtor does not have the above property, the bailiff asks banking institutions for the presence of his accounts in them, which can also be arrested.
The next stage of production (in the absence and bank accounts) is an appeal to the employer of the debtor. According to the current legislation, the bailiff has the right to write off up to 50% (and in some cases up to 70%) of the debtor's wages in order to pay off the existing debt.
If the debtor is not officially employed, then the bailiff is forced to proceed with an inventory of him movable property(usually located in the home of the debtor). Thus, the bailiffs impose execution on the debtor's property in the following sequence:
a) real estate and vehicles;
b) bank accounts;
v) wage;
d) movable property.
Foreclosure on movable property
The bailiffs are endowed with the right of unhindered entry into the debtor's home, while the latter is obliged to provide them with access to it, since their actions are based on a court decision. They also have the right to enter the dwelling without obtaining the consent of the debtor. Moreover, the law allows them to open the doors of the debtor's home.
Enforcement actions are held from 6 am to 10 pm. The debtor must be notified in advance of their production. In practice, such notifications are made by bailiffs by mail. Refusal to receive it does not relieve the debtor from the obligation to admit executors to his home.
Limitation of powers of bailiffs
The law prohibits the inventory of the debtor's movable property in his absence, i.e. having forcibly opened the door to the dwelling and not finding the debtor there, they are obliged to immediately leave the premises they occupy.
In addition, the bailiffs are not entitled to foreclose on the following property of the debtor:
1. Dwelling of the debtor (in the event that it is the only real estate of the debtor and has not been acquired through a mortgage loan);
2. Cash for food ( living wage, the size of which depends on the specific region);
3. Food products;
4. Clothes, shoes, awards of the debtor;
5. Sources of his income (for example, livestock, tractor, etc.)
When starting to describe the property in the debtor's home, the bailiffs do not take into account the fact with whose funds it was acquired and who is its title owner. The obligation to prove the ownership of this or that property rests with the debtor. Within 10 days from the date of the inventory, he must submit to the bailiffs documents confirming the ownership of third parties to the property described by him. It can be sales checks, technical documentation for household appliances, property lease (lease) agreements, etc.
After the completion of the inventory of the property, the debtor is obliged to repay the existing debt within 10 days. Otherwise, an enforcement fee of 7% of the amount owed will be charged.
Debt collection from individuals: features of enforcement proceedings
Debt collection is a complex process. However, there are certain procedures aimed at implementing court order, which allow you to quickly collect debt from working individuals who own certain property. If the debtor does not work, does not own any property, is a minor, or stays in places not so remote, the situation becomes much more complicated.
How bailiffs collect debts
As soon as the judgment is rendered, the debtor is given a month (more precisely, 30 days) for voluntary execution. Then the work of bailiffs begins. And how soon they find themselves on the doorstep of an unlucky debtor depends only on the degree of their workload.
The first time the bailiffs come to the debtor with the sole purpose of assessing the welfare. Experienced experts look around the interior for the implementation of its individual parts ( household appliances, for example) to pay off existing debt. And if the debtor does not have any property, the bailiffs begin to act differently:
- Request for property availability... The request is submitted to various authorities. This takes a lot of time. And if the answer is disappointing (the debtor is not credited with anything significant), the next stage of enforcement proceedings begins.
- Search for the debtor's place of work... Officially employed? Then, without any problems, the writ of execution is sent to the employment organization to withhold 50% of the debtor's earnings. But if the owed citizen does not officially work, this kind of retention becomes impossible.
- Next, the search for bank accounts begins.... All banks, of course, the bailiff cannot work, therefore he sends requests and resolutions only to large Federal and Regional credit institutions... If accounts and / or debit cards the debtor, they are blocked. The limit goes to minus exactly the amount of debt (even if the account or card is empty).
The company won the dispute and received the documents necessary for the recovery in court. To receive funds from the debtor, you can act independently or give documents to bailiffs.
First, the company is better off trying to collect the debt on its own. If this method does not work, you need to contact the bailiff service. In any case, you will have to do everything, but when the bailiffs have the sheet, you can use their powers.
How a company can collect a debt without bailiffs
To collect a debt on your own, present a sheet to the bank where the debtor has an account (part 1 of article 8 Federal law dated 02.10.07 No. 229-FZ, hereinafter -). The requisites are usually in the contract. When you know at least one account, proceed as follows:
- Make a request to the Federal Tax Service Inspectorate for the provision of information about all accounts and attach a copy of the writ of execution (see sample).
- Submit an application to the bank to write off funds from the debtor's account and attach the original writ of execution. In your application, provide the information specified in Article 8 of Law No. 229-FZ (see sample).
If there are no account details in the agreement with the debtor, look for them on the debtor's website or third-party sites. Request details from the debtor's employees who are not aware of debt collection. Or contact the debtor himself on behalf of another company with an offer to buy his goods (use the services) and request an invoice in order to transfer the advance payment - this is how you can find out the “live” account to which the money is being received.
When several accounts of the debtor become known different banks, submit applications sequentially, as they must be accompanied by the original writ of execution.
If there is money on the debtor's account, the bank will write off it and transfer it to the account specified in the application within three days. When there is not enough money, the bank will write off only what is. The rest he will collect as it becomes available. The debtor will most likely immediately find out about the write-off, so the money will no longer be credited to this account. Withdraw the sheet and feed it to another bank. Go through all the known accounts.
The disadvantage of this method is that it will take time if there are several accounts and they are in different regions. In addition, the debtor can open new accounts, which you will learn about, only by re-sending a request to the Federal Tax Service Inspectorate. But when the bills are few, it is good way... If this did not work to return the money, contact the bailiffs.
How a company can collect a debt with the help of a bailiff service
Application for initiation of enforcement proceedings
Submit an application for the initiation of enforcement proceedings to the department of the bailiff service at the address of the debtor. The debtor's address is in the extract from the Unified State Register of Legal Entities, the bailiffs department can be found through the service on the website of the FSSP of Russia.
Make an application in free form (see sample). Attach a writ of execution (original) and a power of attorney from the company to it. To make the collection go faster, write about the known property of the debtor and ask to seize it (Article 30 of Law No. 229-FZ). The arrest should be imposed already upon initiation of proceedings, without waiting until the deadline for the voluntary repayment of the debt has passed. The bailiff must make a decision on the arrest within a day from the date of receipt of the application (part 2 of article 80 of the law No. 229-F).
Term of initiation of enforcement proceedings
Enforcement proceedings must be initiated in a maximum of six days: within three days from the date the application arrives at the department, it will be handed over to the bailiff who will conduct the proceedings. Further, the bailiff within three days makes a decision to initiate enforcement proceedings. He sends this decision to the recoverer and the debtor (parts 7, 8, 17, article 30 of Law No. 229-FZ).
In the order on initiation, the bailiff will indicate that the debtor has five days to return the money voluntarily. After that, the funds are collected forcibly, and in addition they collect an execution fee - 7 percent of the debt.
After 6 days from the date of filing, go to an appointment with the bailiff. He usually takes it twice a week. It is better to come before the reception to take the queue. You can also make an appointment in advance through the service on the website of the UFSSP for the region. Those who signed up in advance have priority over the general queue, but this service does not always work. You can also try to call the bailiff, but this is usually not possible. In addition, he has no right to talk about the production over the phone.
Documents upon initiation of enforcement proceedings
When meeting, first of all, be sure to initiate proceedings. Check the order issued by the bailiff, whether it contains the correct information about the debtor, the recoverer, the writ of execution and the amount of debt. Formal errors can become the basis for canceling the order at the request of the debtor ().
Also ask the bailiff to print out requests to banks, tax office, Rosreestr, the Ministry of Internal Affairs and hand out an order that will allow you to submit these requests yourself and get answers. If you have information about the specific property of the debtor, ask the bailiff to impose a ban on the disposal of it.
Requests from the bailiff
The bailiffs have established electronic circulation with many organizations. When the bailiff initiates proceedings, the program (AIS FSSP of Russia) sends requests to banks, tax and other authorities. The bailiff receives answers within 7 days (part 10 of article 69 of the law No. 229-FZ). The difficulty is that he has no time to read them. To find out exactly what requests the bailiff made, request a production summary from this program. Not every bailiff knows how to do it, in which case you will have to contact his leader - it can be a long time, so it is better to take requests on paper, dilute them yourself and get answers. In a tailored case, there are often no copies of requests for the very reason that they are sent electronically.
When there are answers to inquiries, act by type of property: money in accounts and at the cash desk, movable and real estate, receivables.
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 requirement 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 within 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 related to 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 decide on the postponement or installment plan of 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 to the bailiff with a corresponding statement, 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 justify 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 during the period for the 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, the court decision 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 funds on them, as well as when income is received on the accounts, the bank may be the direct executor. In this case, the credit institution starts 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 salaries, 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. Executive document or the law may establish a different deadline for the fulfillment of the claim. 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.
Receiving a court decision on debt collection does not mean that the money from the debtor will immediately go to your account. After the issuance of a writ of execution, the vast majority of creditors begin a long and ineffective procedure for enforcement proceedings, entrusting their money to a bailiff who has no motivation to repay the debt.
Statistics states: acting in this way, you will not achieve the result. This is practically tantamount to "throwing out" the writ of execution.
If the bailiffs are idle
The inaction of bailiffs is a very common occurrence. From year to yearthe problem of non-enforcement of court decisions withIt is becoming more and more acute (the level of debt collection by bailiffs in 2017 was 3%). In most cases, they return the writ of execution due to the "impossibility of recovery" and leave the creditor alone with their problems. At the same time, the inaction of the bailiffs often leads to the loss of property, due to which it would be possible to pay off debts. Even writing complaints does not lead to the desired result. In this situation, it is better to entrust the writ of execution collection agency than hoping for independent debt collection by the bailiffs.
Debt collection under a writ of execution
The Orion Group is giving Special attention the stage of execution of the court decision. As a rule, we do not work with the bailiff service, but find alternative and more efficient methods of collecting funds under a writ of execution. In some cases, we work through the bailiff service through our own channels, but we provide active assistance, which allows us to make this procedure quick and effective.
Debt collection under a writ of execution - what exactly we do
1) We collect information about the current financial and economic activities of the debtor or his management: current settlement accounts, property and other assets, close contacts, etc.
2) We carry out special visits to the debtor at their actual location or meet with them in one of our offices, conduct telephone conversations
3) We present a writ of execution for collection to the debtor's bank, we arrest cash and the debtor's property, we find and return the withdrawn assets
4) If necessary, we initiate the debtor's bankruptcy procedure or procedure debt prosecution in the presence of appropriate signs (fraud, evasion of the execution of a court decision, etc.)
5) If necessary, we provide assistance to the bailiff service for conducting joint raids to the debtor (photo from the joint raid above), or we organize a forced drive of the debtor.
Timing and efficiency of collection under a writ of execution
In the presence of a writ of execution, the collection, as a rule, lasts no more than three months. Our goal at this stage is full repayment debt according to the court decision. According to our statistics, at this stage we collect up to40% from all debts transferred to us for work.
Procedure for the execution of a court decision through a collection agency
| Contacting us by phone or via application from the site | We analyze the collection prospects for free |
We offer working conditions and disclose the collection mechanism |
After signing the contract, we immediately start work |
Debt repayment,% payment upon collection |
Cost of debt collection services under a writ of execution
We work for the result - our main remuneration is a percentage of the actually repaid amount of the debt. After fillingdebt collection applications we analyze the prospects of the case free of charge, after which we offer the client specific terms of cooperation.
Debt collection at the expense of the debtor: the expenses of the Customer are collected from the debtor in addition together with fines and penalties.
Payment to the collection agency may consist of an advance for the costs of the case and the main remuneration in the form of% of the amount actually collected. The specific conditions of cooperation, the size of the basic remuneration and prepayment depend on the circumstances of the case and are determined based on the analysis of the debtor. Find out the approximate terms of cooperationONLINE.
Please note that Orion works with debts only from800 000 rub.
We know what to do with your debtor - collection technologies have been worked out for years. Don't wait for the debt to become bad, fill out the required form or call us now.
