Lee a bailiff to send. What do not have the right to make bailiffs. Do bailiffs have the right to shoot money from the card debtor? The main responsibilities of the bailiff. Who should send an executive list

6. If it is necessary to commit separate executive actions and (or) the use of individual measures of compulsory execution on the territory on which the powers of the bailiff do not apply to the relevant bailiff of the executor to make executive actions and (or) to apply the measures of compulsory execution. The order is issued by the decision of the bailiff in accordance with Article 14 of this Federal Law and is approved by the Senior Bakeup. At the specified decision by the bailiff, to which it was received, enforcement proceedings are initiated in compliance with the requirements of Article 30 of this Federal Law. At the time of the execution of the order, the main executive production can be suspended.

If the bailiff knows the place of work of the debtor

Debt liabilities in modern society occur very often. It can be like credit borrowersSo citizens who do not want to list the alimony to their children. Often you can face a situation where the non-payer does not want to fulfill his duties and hides its income. In such a situation, the recovery of payments will occur with the direct participation of bailiffs.

What can take a bailiff for debts

Executive sheet - it is necessary to understand that the bailiff begins to search for the debtor and all his property only after receiving the executive list and the beginning of the enforcement proceedings. All this procedure can start only following judicial trial And the decision of the court, which entered into force.

Arrest invoice in another city

In accordance with the Law on executive workThe executive actions and measures of compulsory execution against civilians are applied by the bailiff for their place of residence, the place of stay or location of their property.

Can bailiffs arrest my salary in another region

You cannot be spelled out in any apartment and a residential building, since in Russia for more than 16 years there is no registration, which was canceled almost immediately with the collapse of the USSR. Law No. 5242-1 of 26.06.1993 "On the right of citizens to freedom of movement, the choice of place of stay and residence within Russian Federation"Instead of the period that existed for that period, registration record (registration) for citizens of the Russian Federation was introduced residential premises At the place of their stay (this is temporary registration) and at the place of their residence (this is permanent registration).

Debtor in another region

Moving the debtor to another city should not be an obstacle to debt collection. If there is reliable information about the new place of residence of the debtor - inform its bailiffs, they must check it out and redirect the enforcement proceedings to another territorial department of the bailiffs.

Could backed funds stored in Sberbank in another region

That is, if the executive production was initiated at the location of the debtor (which is usually happening), then the abillment acts in the dove of the debtor, so that the executive actions occur at the location of the property, the foundations and a whole procedure are needed:

How bailiffs are looking for debtors and when they cease to look for them

The right to independently look for the property of debtors bailiffs has always been endowed, and since 2012 they have already received the right to seek the debtors themselves. Resort to search actions against defaulters and their property bailiffs can also apply for a campaign person and own initiative.

Property arrest: what can and that the bailiffs cannot take

Bailiffs are usually not even trying to find out where money comes from the debtor's card. Therefore, in most cases, the entire amount available to the owl person is written off, which can sometimes exceed the debt itself. In such situations, the debtor must contact the FSSP office and write a request to return part of the funds (the return procedure can last several days, then the money will come to the arrested account).

9. The main bailiff of the Russian Federation or the main bailiff of the subject (the main bailiff of the subjects) of the Russian Federation in order to more complete and properly implement the enforcement proceedings are entitled to convey enforcement proceedings from one division of bailiffs to another (including at the execution stage) What an appropriate ruling is made. The ruling of the chief bailiff of the Russian Federation or the main bailiff of the subject (the main bailiff of the subjects) of the Russian Federation on the transfer of enforcement proceedings from one division of bailiffs to another no later than the day following the day of his submission, is sent to the relevant chief judicial bailiffs of the constituent entities of the Russian Federation and senior bailiffs. The main bailiff of the subject (the main bailiff of the subjects) of the Russian Federation, the senior bailiff, having received the said decree, no later than the day following the day of its receipt, organize the transfer of enforcement proceedings to another division of bailiffs in the manner prescribed by parts 7 - 7.2 of this article .

Bailiffs will recognize the place of work of the debtor

Important: For a person who is a debtor, it is usually pointless to hide its location or place of work. To find manwhich is tied to the current system, just enough. And for all the time, until he shy away from payments in its own debts, it will grow penalties (fines, penalties). To the amount of debt always add state dutieswho pay the recoverer when contacting the court on debtor. For example, the lender can be submitted to court, waiting for a certain period of debt. This means that the duty in the debt will be the multiple number of appeals to the judiciary.

Legal consultation in Yekaterinburg

That's all the measures of state recovery and debt coercion. Here I do not mention the right of the bailiff to accrue the executive fee of 7% of the recovered debt, since if the debtor and the mainst thing was not returned, then these 7%, internally, for him - as for the Elephant of Drobin. The lender is entitled to recover also a penalty for an overdue debt return and indexation; But again, due to the irrevocate of the principal amount, this penalty loses its punishment (for the debtor) and the enrichment (for the creditor) properties.

If the debtor pays whenever possible to do

Timing russian legislation It is envisaged only for the presentation of executive sheets to the execution that in your case has already been done. The baits, after a certain period of time, can make a decision on the termination of the enforcement proceedings due to the impossibility of recovery, but, as a rule, all the necessary measures to recover the debt them have already been adopted - all requests in the organization have been sent and received answers to them, Arrested accounts, etc.

How is the search for the debtor

The debtor's connections are established at home address. For example, the borrower is registered with relatives who had previously taken a bank loan. Their questionnaires are displayed in the database, together with all information. All phones are also nicknamed and find out where the debtor.
Install connected persons at the working address. Complete colleagues and find out information. Man works on this moment or not? Where can I find it?

Whether the bailiff can find the debtor in another region and what it will continue to do

If the debtor lives on the territory on which the powers of a particular bailiff extends, in this case the executive production continues. The same applies to the detection of the property of the debtor. Well, you understand that the powers of the bailiff are limited administrative division Cities on areas, areas on areas, cities among themselves and so on.
In the event that the ability established that the debtor lives outside of its territorial authority, then the addition to the executive proceedings to the other department of bailiffs, and specifically, to the district or the city in which the debtor was detected or his property was discovered.

After the court issued a decision, and it entered into legal forceThe plaintiff is an executive document to initiate the enforcement and compulsory execution of the court decision. Often the recoverer raises the question: "How to present performance list Pets? "

To initiate enforcement proceedings on the basis of the executive document by the territorial department Federal Service The bailiffs of the Russian Federation (hereinafter referred to as the FSSP of the Russian Federation), the recoverer must:

1. prepare an application for the initiation of enforcement proceedings;

2. Apply and executive document into the territorial separation of the Federal Tax Service of the Russian Federation;

3. After 7 working days, obtain a resolution on the initiation of enforcement proceedings, or a decree on refusal to initiate enforcement proceedings.

Preparation of an application for the initiation of enforcement proceedings

In Russia, as folk wisdom says, "they meet along the clothes, they accompany the mind." An application for the initiation of enforcement proceedings is your business card. It is from the statement that your acquaintance begins with the bailiff, who will deal with your executive work. The first impression of the recoverer is consistent with the reading of its application for the initiation of enforcement proceedings, so the application must be written well and contain all the necessary details.

The following information must be specified in the application for the initiation of enforcement proceedings:

1. The name of the division of the Federal Bailiff Service of the Russian Federation, in which the application is submitted, and its address;

2. A citizen recoverer indicates: surname, name, patronymic, details of a document certifying personality, place of residence or place of stay, an identification number taxpayer (if available);

3. The recoverer of the organization indicates: Name, taxpayer identification number or code foreign organization, state registration number, place state registration and legal address;

4. Details of the bank account of the charter to which the recovered cash should be transferred;

5. Name, number and date of issuance of the executive document, the name of the body issued an executive document, as well as the name regulatory document, on the basis of which an executive document is issued, the size of the requirements.

Charger, as a rule, is known information about the debtor, who can help the bailiff of the executive in the commission of executive actions, and significantly reduce the execution date of the requirements contained in the executive document. We also recommend that they specify them in a statement about the initiation of enforcement proceedings. It can be:

· Telephone numbers of the debtor;

· Information about the place of work, debtor study;

· Real estate information, vehicles, other property belonging to the debtor;

· Account information in banks or other credit organizations;

· Information about the receipt by the debtor of pensions, benefits, scholarships;

· Other information that will help establish contact with the debtor or find the property to be recovered.

Do not forget to indicate and your contact details (address to send correspondence, phone numbers, etc.), in order to in the event of the need, the bailiff has been able to contact you.

Applying and executive document into the territorial separation of the Federal Bailiff Service of the Russian Federation

The executive list and the application you can submit it personally directly to the Department of the Federal Bailiff Service, or you can send by mail, by registered mail with the notification and the description of the investment.

In accordance with Article 33 of the Federal Law "On Enforcement Proceedings" from 02.10.2007 No. 229-FZ Executive Document and the application are submitted by the recoverer at the place of execution and applying measures of compulsory execution.

If the debtor is a citizen, then the executive actions are committed by the bailiff of his residence, the place of stay or the location of his property. If the debtor is an organization, then executive actions are committed by her legal address, location of its property or at the legal address of its representation or branch. If there are no information about the location of the debtor, or its property is absent, the executive actions are committed by the bailiff for the last famous place of residence or the place of stay of the debtor, or at the place of residence of the recoverer before establishing the location of the debtor, or his property.

If you do not know, which division of the Russian Federation is necessary to present an executive document, then you can take advantage of the right provided for by paragraph 4 of Art. 30 FZ "On Enforcement Proceedings" of 02.10.2007 No. 229-FZ, and send an executive document and an application for the initiation of enforcement proceedings to the territorial body of the Federal Bailiff Service, the main bailiff of the constituent entity of the Russian Federation. And already the main bailiff will send the subject of the Russian Federation specified documents In the appropriate division of bailiffs within five days from the date of their receipt, and if the executive document is subject to immediate execution - on the day of their receipt.

If you submit an application personally, directly to the territorial separation of the Russian FSSP of the Russian Federation, then you will definitely require an application mark on your instance that contains the following information:

· The date of acceptance of the application and the executive document;

· Position and data of the person who adopted a statement and executive document;

· contact numbers phones in which you can call the bailiff.

Statement with a mark in accepting a statement will evidence The fact that you really presented an executive list to execution in the territorial department of the FSSP RF, and when you did it. We recommend when submitting any applications and petitions to leave a copy of the document with a mark on obtaining FSSP RF. Or, if there is no special urgency, send them by mail by registered letter with notification and the description of the investment, and save postage receipts, inventory and notifications. These actions help to avoid many disputes with judicial bailiffs, save the mass of time and strength. As the sad experience shows, the executive sheets may be lost both in the federal service of bailiffs.

Obtaining a decision on the initiation of enforcement proceedings or in refusal to initiate enforcement proceedings

After you filed an application and executive list to the territorial department of the FSSP of the Russian Federation, in accordance with paragraph 7 of Article 30 of the Federal Law "On Enforcement proceedings" of 02.10.2007 No. 229-FZ, within three days these documents must be transferred to the bailiff Contractor.

Bailiff- Folder for a three-day period from the date of receipt to it, the executive document makes a decree on the initiation of enforcement proceedings, or on refusal to initiate enforcement proceedings. A copy of the decision on the initiation of enforcement proceedings no later than the day. following the day after the day of the specified ruling, directs the recoverer, the debtor, as well as to the court, another body or a job person who issued the executive document.

According to the general rules, the course of the deadlines begins the day after the calendar date or the occurrence of the event, which determined the beginning of the term. In this case, it is also necessary to take into account that in accordance with Article 15 of the Federal Law "On Enforcement Proceedings" from 02.10.2007 No. 229-FZ on time calculated by days, non-working days are not included.

From these provisions on the executive proceedings, it follows that the bailiff must initiate executive proceedings, or to make a decree on refusal to initiate enforcement proceedings, within 7 (seven) working days from the date of the executive document into the territorial separation of the Russian FSSP.

See also: Organization of accounting receivables and payables

We recommend to obtain a decree on the initiation of enforcement proceedings, or on refusal to initiate enforcement proceedings, personally, at the reception at the bailiff, and not wait for receiving documents by mail. You have the ability to control compliance installed deadlines, and, if they are violation, you will be able to submit a complaint about the inaction of the bailiff. As the sad experience shows, the deadlines in the executive production are often not respected, and the enforcement proceedings can be initiated six months after the executive document.

Annex to the article:

Director of LLC Collector agency "Consul"
Tsyganchenko Ivan Sergeevich

How to present an executive list by bailiffs

In which case must be executed through the bailiffs?

In all situations when your the debtor does not pay voluntarily And the execution through the bank or through the work of the debtor is either impossible, or was to no avail. There are cases when only bailiffs can enforce the decision. For example, according to the requirements of a non-property nature (evaluate the debtor from the room, oblige the debtor to convey some thing or perform some actions).

I also recommend submitting an executive list immediately bailiffs (bypassing the bank and work), if your debtor has a lot of debts on the bank of these executive processes. And they are not new (excited several months or years ago).

When you do not need to contact the bails?

your debtor-organization is excluded from the register. Actually, in this case, the founders and management of the company general rule Do not respond to the debts of the liquidated company. Bailiffs, of course, will take a leaf and produce production, but soon it will be stopped;
the debtor is recognized bankrupt (for example, introduced competitive production). In this case, the execution of court decisions is engaged in the appointed arbitration manager, and you need to declare the claims of the lender;
the limitation period of the judicial act (3 years) has expired, and you do not have a court definition of the restoration of this term;
your debtor - public sector entity or budget or treasury of the Russian Federation.

How to find out what attachment department to attract an executive list?

As a general rule, executive actions are committed at the place of residence or stay of the debtor-citizen, the legal address of the organization or its branch, representation, or the location of the property of the debtor. If the executive list is discharged to perform certain actions, it is executed at the place of these actions.

Open the executive list on the page with the debtor data, find its address and try to find the attachment department at this address through the service on the FSSP website. Sometimes he cannot determine the department. In this case, you can look at the bank of these executive processes. In which department is the majority of production in your debtor. You can also specify information by phone FSSP in the relevant city.

How to present an executive sheet bailiffs?

Collect the package of documents.

application for execution - 2 instances with personal feed, 1 instance when sending by mail. The statement is signed by a personally of the recoverer, director of the company or a representative by proxy;
original executive list (make yourself a photocopy or scan);
copy of passport (1 page and registration), bank account details - if you are a citizen;
power of Attorney of the Representative - if a statement for execution will be signed by someone else;
copies of documents confirming the existence of a debtor of some property, its place of work, information about its property position, etc. - if there. In the debtor-organization or IP you can make an extract from the register.

Submit a package of documents to the selected departure department.

with personal feed - to give the mark on your application instance;
when sending by mail - to send a valuable letter with the description of the attachment and a notification of the presentation. Save mail receipt for sending, an inventory of attachments with a post stamp.

What will happen next?

within 3 days from the date of delivery - your application and the executive list will give a specific bailiff;
within 3 days from the date of receipt, the bailiff initiates executive production or make a definition of refusal to initiate enforcement proceedings;
the decision to initiate is sent to you and the debtor;
the debtor has 5 days from the date of receipt of the decision to fulfill the decision in a voluntary basis;
if the debtor did not fulfill the decision for 5 days, the bailiffs begin to influence it forced measures.

How long can bailors charge money?

In part 1 of Article 36 of the FZ on the enforcement proceedings, it is encouraging:

In practice, alas, bailiffs can accumulate money from the debtor how long - no fixed period, and it all depends on the behavior and property of the debtor. If the debtor is solvent and executes the decision of the court immediately after receiving the ruling from the baits, the process of obtaining money may take about 1-2 months (taking into account the mileage of mail and the distribution of money to your account from the attachment department).

As you can influence the bailiffs and the debtor, in order to get money faster, I will tell next time.

Article from Odolgah.com. Debt recovery.

Show executive list

So, you have an executive list on your hands. It would seem that the case in court was won, the decision was made in your favor, now you can finally relax. The debtor's decision is obliged to fulfill the law, and there is nothing more to worry about ...

In fact, everything is not so simple. Practice shows that the overwhelming majority of debtors ignore judicial prescriptions and still does not take any active actions in order to return debts.

In addition, after receiving an executive list, there is no separation when the recoverer (that is, the party who won in court) does not know - where and what time it is necessary to present an executive list. And here there is from what to go into confusion: in court, as a rule, detailed information Do not give, limited by the phrase: "Now go to the attacks" or send to lawyers. And what if it is not possible to seek help in legal advice? I propose to understand everything yourself.

Duration of the executive list

As a general rule, the deadline for the execution of the execution to execute is three years (Art. 21 FZ "On Enforcement Proceedings"). However, the law provides for a number of exceptions:

Executive sheets issued by arbitration courts, on which a missing period was restored to present an executive list to execution may be presented for execution during three months from the date of the court of determining the restoration of the missed deadline;

Executive documents containing requirements for recovery of periodic payments may be presented for execution during total period. on which payments are awarded, as well as during three years after the end of this term;

Judicial acts, acts of other bodies and officials on administrative offenses may be presented for execution during one year From the date of their entry into force.

If the executive list is missing

Materials on the topic

You talked about the procedure for issuing executive sheets

Imagine the situation when the recovere decision makes the decision to present an executive list to execution, but from the moment of making a court decision, and, accordingly, from the date of the issuance of the executive list for more than three years. It turns out that he loses the right to give the progress of enforcement proceedings? Not necessary. First of all, you should contact the court that issued an executive document, with a statement about restoring the missed deadline, where it should be indicated by which reasons this period was missed. If the Court deems the cause of the skipping (for example, a recovery disease, departure, etc.) missed time can be restored.

See also: How to sell an apartment with divided payments

Who will help?

The law of the obligation to enforce the judicial acts is entrusted to the federal bailiff service, in particular, on the bailiffs of the executivers (Art. 5 of the Federal Law "On Enforcement Proceedings". Art. 12 FZ "On the bailiff").

It is the bailiffs that possessing a fairly wide range of powers, are obliged to provide full and timely execution of court decisions.

What service to contact?

Since the federal bailiff service has a rather branched structure (so, it includes the territorial bodies of the FSSP of the subjects of the Russian Federation, which, in turn, are divided into district, interdistrict and specialized departments), a natural question arises: and in which territorial unit should be treated recording?

The legislative issue is resolved as follows:

If a debtor is a citizen - we appeal to the department of bailiffs (hereinafter referred to as the text of the SSP) at its place of residence, the place of stay or location of his property;

If the debtor is the organization - carry the executive list in the SSP in its legal address, the location of its property or at the legal address of its representation or branch;

If the debtor is obliged to make any actions - present an executive list in the SSP at the place of such actions (Art. 33 of the Federal Law "On Enforcement Proceedings").

Executive Sheet Rules

Executively production is initiated on the basis of the statement of the recoverer.

Its sample is usually hanging on an information booth in each SSM.

For example, it may look like this:

In the bailiff service ____________

The judicial protection of rights and freedoms is guaranteed by the Constitution of the Russian Federation to every citizen of our country. But often, facing their violation, we are on this with a hand, not deciding to apply to the court. And the reasons for that mass: someone fears the judicial grip, someone is confident in the high cost of the trial, someone simply does not know where to start. About how competently to defend his interests in court and not to become a victim of a court arbitrariness, it will be discussed in my column.

Good day. Question on the new law on SRO. Our enterprise LLC RAnet Energo performs the work of 2 types: 1) on the design and installation of wastewater accounting nodes; 2) on the design and installation of the assemblies of heat energy and heat.

Executive list - issuance by the court and deadlines for the recovery of debt

Without finding a compromise in any form, the arguing parties resort to the court with the hope of finding the permission of their problem. To defend its own interests in the courts - it was half a right, the most important thing is to ensure that the decision has been fulfilled the loser's party. For this, a special document is issued, called the executive list, where the debtor is indicated on the basis of the decision on the execution of the decision. In the photo you can see how the sample Il looks like.

What is an executive list

Documents that are based on the court decision, and sometimes another competent authority are executive sheets. They are issued in civil cases or administrative offenses. They contain details of the body issued. In addition, information on the opposing parties is reflected there (obligated and eligible person). This is the official paper that decides to pay matters with one participant in the trial to another.

Types of executive sheets

According to the internal content of the IL differentiating into 2 groups and depend on the type of recovery. Types of deductions on the executive list:

property. Contain information about the recovery of money. This is the most common type of documents with a resolution of one person to pay the amount established by the court in favor of the second person, and there is no difference, the organization is or an individual.
non-property. Decide to make either there are no designated actions, for example, transfer the garage to another person or restore a person at the previous work.

Where to get an executive list by court decision

Obtaining the IL to the recoverer is carried out on the day of the decree in its strength. As a rule, after 10 days, as it was the announcement of the decree, the executive list was issued in a civil case, because during this time the victim still can appeal the decision in court, submitting an appeal. In practice, sometimes you have to wait longer, before picking a certified document. Ilter is issued in a single copy, but if a decision is made in favor of a not one of the recorder, then the number of documents is directly in proportion to their number.

How to get an executive list by court decision

There are 2 ways to issue. The executive list is issued to bailiffs. If the zip does not execute the assigned prescription, the plaintiff has the reason to ask to give it to him. A circulation is drawn up in an arbitrary hand form, for which it is necessary to have a court ruling. In the header indicate the details of the court, the number of the ruling and its own (surname, initials, address of the residence), then set out the request. The application is signed and the date is affixed.

In addition, you can always request a duplicate if the original for certain reasons was lost. A statement is drawn up in a similar way, following the exception, it is a request to issue a duplicate and the cause of the level of origin. It is necessary to make a confirmation indicating the original wasting. For the issued sheet, there is no need to pay, because the state duty is not held for it.

What to do with an actuator list from the court

The judicial authorities are not issued by the instruction where to go with the executive list from the court. There are a number of methods that the recovery can use to obtain funds due. More often, citizens resort to the services of performers. It is necessary to choose the service posted on the territory of the debtor, or to the organization at the localization site of the obligated property.

It is allowed to act and independently:

send an application to the banking institution while there is an arid account there;
contact at the place of receipt of the obligated face of income if the amount is not higher than 25,000 rubles;
resort to help collector agencies.

The presentation of the executive list to the bailiff service

Together with a compiled statement about the execution of the court decision, it is necessary to come to the reception to attracting bailies. After the executive list was submitted to the bailiff service, production is initiated within 3 days and its implementation begins to recover from the debtor due. Otherwise, the service is required to return the paper and transfer the refusal where the reasons for the impossibility of execution of responsibilities will be justified. A copy of the decision is obliged to be brought by both sides of the conflict.

How bailiffs work on the executive list

Having adopted a positive decision on the enforcement proceedings, the work of bailiffs on the executive list begins. They begin to fulfill the judgment of the court, for example, to evict a person with the occupied housing. If you need to recover funds from the debtor, then employees of the service are beginning to be interested in and send requests to all sorts of services and registries, where you can get information about the debtor's finservice. In the absence of money, the property arrest is the obligated person in order to implement it and receiving money.

The bailiff is an official carrying out the execution of court decisions, as well as other legal acts in compulsory. Its activity is strictly limited by the relevant legislative acts and instructions. Let us consider in more detail this position and obligations of the person occupied by it.

First, it should be noted that the judicial executive is a state official. This feature has consequences to comply with certain disciplinary and ethical principles and norms, as well as criminal and civil liability. He works in the District Court where he was appointed. His tasks include the following.

Submission of court decisions on monetary and intangible requirements and provision of requirements, the fulfillment of other orders on the procedure for execution, drawing up a protocol on the facts before the start of the trial or before making a decision on the request of the court or the prosecutor, servicing court notices, promises of protests and complaints. All actions can be carried out by the executive authorities on working days and Saturdays from 7 to 7.

What are the duties?

Like the rights, the duties of the bailiff are fixed in Art. 12 FZ dated 07.21.1997 No. 118-FZ, which was edited in 2016. Among the main responsibilities of the person who occupies this position to ensure the established procedure for the activities of the courts (OUPDS) allocate:

Ensure familiarization of the sides of the trial, as well as their representatives with the materials of the executive case, to provide extracts from the documentation, as well as to make their copies.
Take measures to ensure timely, complete and proper fulfillment of the decrees established in the executive documents.
Consider all applications and petitions that are submitted from the participants of the trial, to draw up appropriate decisions, and also explain to individuals (timing, order, etc.) of their appeal against disagreement.
To take self-deductions in cases where the attractive attribute itself is interested in the procedure of enforcement proceedings or with any reason for doubt in its loyalty and impartiality.

Regardless of the type of offenses, the executive attract is obliged to comply with all the rights and interests of citizens.

In cases where there is a need for certain activities to a public festival, the authority must obtain the consent of the Chairman of the District Court. It is important that the activities that started until the 21st hour could continue if their break can prevent forced execution.

Does the right of the bailiff of entering the apartment and is it necessary for this agreement?

The bailiff is obliged to use the identifier, which includes its / her name, photo, description of the function and the name of the district court in which it / it acts. At this stage, it is important to note what the beginning of the actions of the bailiff looks. Well, the bailiff, who was dealing from the lender, is not obliged to investigate whether there is a basis for the start of execution.

Based on the above official duties, it can be concluded that the executor is the main regulatory officer who participates in the executive production. Accordingly, it is for him that all obligations relating to control and verify the execution of all court decisions.

Duties of the bailiff for the recovery of alimony

In the case of the recovery of alimony, the attractive is obliged to act within the framework of the current legislation. Accordingly, any extraneous actions to make it no right. It acts by standard scheme, conducting exit events, polishing the debtor to identify the reasons for his refusal to pay alimony, and also carries out all the necessary procedures for recovery money.

In addition, the duties of the bailiff enters the definition of the property of the debtor. It must control its income, purchases, as well as other income sources. All information should be noted in special documents, which can then serve as a basis for forced recovery.

How to write a letter bailiffs

The bailiff, through its actions, seeks to fulfill the court decision, that is, to ensure compliance with the amount of money. Execution can be carried out, among other things, from movable property, reward for work, bank accounts or real estate. With the execution of execution, the bailiff shall notify the debtor, informing it about the title and the persons who are manufactured.

Many people live in a mistaken belief that "the debt's debt." The ability to conclude an agreement, freeing a specific asset or suspend its execution depends only on the lender. This does not mean that the bailiff should be avoided.

Duties of bailiffs on the executive list

After graduating from judicial review, the executive list is transferred to the hands, which must be sent to the executive attachment. In some cases, judicial institutions independently transmit the document to the Contractor.

In accordance with the court decision, the following obligations may be superimposed on the executive attachment:

As soon as the bailiff was informed about the initiation of execution, it is important to contact him and tell him or her about his property, whether he wants to pay off a debt or make a voluntary payment. It should be noted that such actions from the debtor will minimize the costs of execution. In this situation, if the Party represents its assets to the executive body, it will not be obliged to pay for the cost of his search. During the proceedings, each duty to be executed should be transferred to the debtor within 4 days.

from the person who caused material damage to the victim;
recover a state duty;
to recover an alimony fee established by the court;
restore the work of people who have been reduced illegally.

That is, the responsibilities of the bailiff on the executive list are determined by the decision of the judicial institution itself. After receiving this document, the attractive is obliged within 3 working days to report on the beginning of the executive production or its refusal. In turn, it is also obliged to provide a 5-day delay, during which the debtor has the right to voluntarily pay all debts without forced withdrawal.

If the judiciary is delayed, he / she is obliged to pay interest on the received and unprotected amounts. There may also be circumstances in which the judicial executor cannot fulfill its duties, then he instructs them to fulfill its substituents - another litigation or bailiff. The bailiff notifies the page about any actions taken.

The main responsibilities of the bailiff

In practice, this means more efficient implementation. An important change is the introduction of legal disclosure of ownership. The bailiff will have the right to receive a list of assets in the debtor. The list of assets will be represented by the debtor under the fear of criminal liability, which will be debited by the debtor. If the debtor does not appear in the judicial executive due to justification, refuses to answer the question or will not submit a statement or promise, then the judicial executor will be able to finish it or ask the court to ensure that the debtor is observed or even apply for a detention that does not exceed one month.

Video: Powers and duties of attracting software

In the next video, it is proposed to know what a bailiff should make after arrival at the address specified in the judicial act about the drive:
Thus, it can be concluded that the executive attract plays a very important role in the very trial. On his shoulders, it is obligated to carry out all the decisions of judicial authorities to recover material debts. Accordingly, the rights and obligations of the official, first of all, are governed by these tasks.

Bailiffs are obliged to act within the framework of the specialized federal law. In most cases, their actions and decisions are aimed at ensuring that the court decision has entered into legal force. But many people are often interested in their powers. Some are confident that FSSP employees sometimes act in incision with the law. Therefore, it will be described in detail that they have rights towards debtors.

What are the rights for bailiffs?

The rights of judicial performers in their most established by specialized federal law. Their duties are also marked here. Let's list what is included in their powers:

arrest and describe any permitted property;
hold the debtor's search;
take money from all known accounts;
with the participation of police officers can conduct searches and recesses;
impose prohibitions (on departure, registration actions, communication).

What have the right to describe bailiffs from the debtor?

Such property includes any banking and salary accounts, pension deductions (up to 10-15%), belonging to the debtor movable and immovable property, household appliances, goods and implements, securities, bonds, bills, bank advice, maps, agricultural and pets.

Federal law From 12/28/2013 N 441-FZ) 4. The executive fee for non-payment of periodic payments is calculated and charged with the amount of each debt separately. 5. The executive fee is not charged in cases where the executive production is initiated: 1) under the executive document received in the manner prescribed by part 6 of Article 33 of this Federal Law; 2) when re-presenting to the execution of the executive document, according to which the decision of the bailiff for the recovery of the fulfillment of the execution was issued and was not canceled; 3) according to the decree of the bailiff on the recovery of expenses for the commission of the executive actions and the executional collection imposed by the bailiff in the process of executing the executive document; (as amended by Federal Law of 18.07.2011 N 225-FZ) (see

The order and size of the recovery of the executive fee on the recovery of the executive fee of the bailiff makes a decree, which is approved by the senior bailiff. The size of such a fee is determined by the amount of the amount or value of the property bound to the debtor and is 7%, but not less than 1,000 rubles. from individual and 10,000 rubles. from legal. If the requirement of the recovery is non-property, the size of the performing collection will be 5,000 rubles.

and 50,000 rubles. respectively. If several debtors are involved in the enforcement proceedings, the performance fee is established for each of them, and if we are talking about periodic payments (for example, alimony), the performance fee is established for each case of delay in the fulfillment of the obligation in accordance with the amount of debt.

Blog and practice

Attention

These include:

natural disasters;
military actions;
mass riots.

What is interesting is the debtor's disease to the category of force majeure does not apply. But if you have documents confirming that health condition did not allow you to pay for you, you can submit a lawsuit on exemption from the actuator. Important! If the court is established by an installment on the payment of the principal debt, a citizen for the entire period of installments is completely exempt from the persecution of bailiffs.

Including the penalty collection to him no rights. In addition, the reason for refusal to pay a collection can be the difficult financial situation of the debtor. Naturally, it must also be confirmed documented.

How to reduce or cancel the performing fee?

Also as evidence, written testimony of witnesses can be used. Situations exempted from the collection according to the Federal Law "On Enforcement Proceedings", the penalty collection cannot be made twice in the same actuator. In other words, more than once on a specific debt case, a citizen should not pay it.

In addition, the following situations are released from collection:

judicial acts on interim measures;
resolutions requiring compensation for costs of bailiffs;
decisions on the expulsion of stateless persons outside the Russian Federation;
child search requests;
executive documents establishing for the debtor the obligation of forced work.

Important! If one of the listed affairs was made a decision on the recovery of penalties, the citizen has the right to challenge him through the court.

How to cancel the executive collection of bailiffs

Decision Decision on the recovery of the fulfillment contains all the necessary information: the name of the bailiffs, information on the remedy, details for payment, the procedure for appeal. It is made in the event that the debtor for a voluntary period did not fulfill the requirements on the executive list. By law, it should be informed in writing about the decision.
In practice, unfortunately, it is often disturbed. Conditions should be two conditions for which decisions are made to collect the fulfillment of the fulfillment:

Failing the executive document on time.
The lack of evidence of the impossibility of execution.

Voluntary fulfillment of the requirements of the performance fee may not be appointed if the debtor voluntarily fulfilled the requirements for the filter.

Desktop Book of Judicial Bailiff

This means that it is useless to contact the elder legal document. Of course, illegal actions or inaction higher organs Consider, but already adopted decisions will not be canceled. Therefore, to appeal the document for the obligation to pay the fulfillment of the executive collection only in court.

Important

How to reduce the size of the collection by a legitimate way can be reduced by the amount. There may be several grounds for this:

The debtor redeemed a part of the debt after a court decision, but before the initiation of the case on the executive list.
The debtor redeemed a part of the debt during the period of voluntary repayment.
By the tribunal's decision.

The court has the right to reduce the size of the collection. To do this, it will be necessary to prove that they had a reason that prevented the debt in time.

For example, severe disease, injury. It is important to know that the debtor is obliged to pay immediately after treatment.

Performing

The presence of such a type of compulsory payment in the legislation of the Russian Federation, due to the desire to reduce the cost of the maintenance of the apparatus of the enforcement of judicial and other decisions by initiating the debtor to voluntarily satisfy the requirements of the charter. The excitement of the enforcement proceedings of the received executive leaf leads to the obligation of the bailiff to notify the debtor that it is obliged to take action on the execution of the requirements contained in such a document, and establishes the period during which such actions must be made (usually 5 days). If the execution of the court decision is assumed to be immediate, such a term will be the only day (after receiving the decision).

The executive fee is a sanction for violation of such requirements charged from the debtor in favor of the state budget.

Article 112. Executive Collection

It should be understood that this applies only to those judicial decisionswhich came to the first time for the bailies. What does it mean? The fact is that according to the law, the executive list will be returned to the creditor, if the debtor physically does not have a property that can be recovered. However, this does not mean that the first there is no possibility for re-circulation.
In this case, the executive collection will definitely be appointed. For voluntary execution, 5 days are given. During this time, the debtor can fulfill the requirements of the court and avoid additional costs. Weekends and festive are not taken into account. You also need to know that the debtor is obliged to properly notify about the executive list in one of the following ways:

Personal departure.
SMS, phone.
Postal correspondence with notification.

If the debtor refused to accept a registered letter, then it will not help him avoid sanctions.

Do I need to pay the performing gathering?

The decision of the bailiff on the recovery of the fulfillment is approved by the senior bailiff. (as amended by the Federal Law of July 18, 2011 No. 225-FZ) (see the text in the previous edition) 3. The executive fee is established in the amount of seven percent of the amount to be recovered or the value of the recoverable property, but at least one thousand rubles from the debtor citizen or debtor - individual entrepreneur and ten thousand rubles from the debtor-organization.

In case of non-fulfillment of the executive document of the non-property, the executive fee from the debtor-citizen or the debtor is an individual entrepreneur in the amount of five thousand rubles, from the debtor-organization - fifty thousand rubles. (Part 3 as amended by Federal Law of December 28, 2013 N 441-FZ) (see text in the previous edition) 3.1.
The procedure for determining the executive collection The legislation on enforcement proceedings describes the procedure for establishing an executive collection as follows:

citizen on the court is determined by the obligation to pay off his debts at a certain period;
in case of inaction, the citizen is transferred to the bailiffs;
the abillment makes a decision to recover the debt;
the decision is awarded to the debtor personally, the FSSP officer either goes by mail;
if within 5 days from the date of receipt of the document, the citizen did not pay for the debt, it additionally superimposed the obligation to pay the executive fee.

An example of the ruling bailiff for the recovery of an executive collection If at least one of the described stages will be recorded any violation, the obligation to pay the fee can be challenged.
The bailiff is not charged by the executive fee, if: - enforcement proceedings initiated by the bailiff and the executive list transferred on behalf of the implementation of individual executive actions to the continuing territory; - the executive document was presented again, and the decision was already issued and was not canceled and the decision on the recovery of the fulfillment of the execution; - executive proceedings on the recovery of exercise costs and actually executive fees; - A judicial act on the use of interim measures was received to the lawsuit; - on administrative expulsion foreign citizens, on mandatory work; - Request a child's search.

Is the bailiff obliged to submit to the court to recover an executive collection

The debtor is entitled in the manner prescribed by this Federal Law, to apply to the court with a statement about challenging the decision of the bailiff on the recovery of the fulfillment of the execution, with a claim for a delay or installment of its recovery, to reduce its size or exemption from the recovery of the fulfillment. 7. The Court has the right to consider the degree of guilt of the debtor in non-fulfillment of the executive document, the property position of the debtor, other significant circumstances to delay or install the recovery of the fulfillment of the fulfillment, as well as reduce its size, but not more than one quarter of the size established in accordance with Part 3 of this article. In the absence of established Civil Code The Russian Federation grounds for liability for violation of the obligation The court has the right to liberate the debtor from the recovery of the fulfillment. eight.