Debt collection for housing and communal services: court order. How is debt collection for housing and communal services

If you find a debt for housing and communal services, you must check the receipts. The interest is paid first, then the main debt. If the debtor receives a notification, he is obliged to pay for it within 5 days.

Obligation to pay utility bills

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The housing legislation says that it is necessary to pay utility bills by the 10th of the month that follows. Otherwise, debt will be generated.

The legislative framework

The Housing Code is the main document governing the procedure for paying utility bills, terms for depositing funds and liability for non-payment:

the obligation to pay utility bills is regulated Housing Code;
payment terms - LCD;
according to the Civil Procedure Code, it is impossible to evict from an apartment, which is the only housing suitable for habitation;
in accordance with the Civil Code, the court has the right to reduce the amount of the penalty or cancel it.

Debt limitation period

The limitation period for debts is 3 years. That is, if a citizen received a receipt with a debt for 2010 this year, then you can ignore it and not pay the debt.

If the utility goes to court, the truth will be on the defendant's side.

Debt collection for housing and communal services

If the owner of the apartment does not pay for the communal apartment for 2 or 3 months, the communal organization notifies him or the tenant about the debt. If payment has not been made within 1 year, disconnects the debtor from utilities (after notification).

If the debt was formed in a year and a half, Management Company has the right to go to court. If a dysfunctional family is the defaulter and does not have the funds to pay the debt, a subsidy is issued.

Management company actions

There are many ways to influence debtors. Most common in 2019:

Fine or forfeit. For each overdue day, a penalty is charged in the amount of 1/300 of the refinancing rate The Central Bank... The amount of the penalty fee cannot be more - it is established by law.
Posting a list or a photo of debtors on a bulletin board or in the media. If the payer is mistakenly included in the list, he has the right to sue the utility service.
Restriction or complete shutdown of utilities. The management organization often cuts off electricity or water for defaulters. If the debt is huge, they shut it off altogether. In accordance with the legislation, it is allowed to suspend the supply of electricity when the amount of the debt exceeds the norm for 3 months. Before this, the defaulter must be notified in writing. The disconnection should not interfere with other occupants.
Transfer of debt to a collection firm. It is used when the debtor behaves aggressively with the management company of the utility company.
Eviction from real estate. Applies to those defaulters who rent housing under a social rental agreement and do not own it.

It is the responsibility of the court to find out the reasons for the formation of the debt. Dismissal, serious illness or incapacitation are considered respectful.

Debtor lists

The list of debtors is formed by the management company. You can get acquainted with it either at the office of the Criminal Code, or in the media. You can also find yourself on the list via the Internet - on the website of the Bank of Moscow.

Penalty

After the formation of the debt, the service organization has the right to collect a penalty for late payment of housing and communal services. It is allowed to do this from the 11th - if the payment has not been made before that moment. Information about the accrued foam is displayed in separate line payment receipt.

Disconnection from services

They can be disconnected from utilities if the amount of debt has reached three payments for each month. The debtor will be notified in advance of a possible shutdown of services. After payment of the debt, services are resumed.

Referring to collectors

This method is less common, but there are cases. The arbitration court proved that the appeal to the collectors will reiterate the Constitution, their activities are not related to the payment of utility bills.

Eviction

According to the Housing Code, employers can be evicted for debt if they did not pay utilities within six months. The amount of debt does not matter. If during this period the amount was paid at least in parts, the eviction is illegal.

Pre-trial resolution of the issue

At the current time, the direction of the claim is not mandatory document to initiate a lawsuit. A claim allows you to solve the problem before going to court. About 30% of debtors react to this document, and immediately pay the entire amount.

They also react in a different way:

do not pay attention - most of them;
pay off the debt in installments;
asked to restructure debt;
disputed.

The claim should be drafted in such a way that the debtor understands that if he is brought to court:

he will have to pay all costs and penalties;
will be excited enforcement proceedings;
real estate will be arrested;
the amount owed will be forcibly written off from wages;
the property in the apartment will be described;
the debtor will not be able to travel abroad.

Debt restructuring

After filing a claim, a small part of defaulters asks to restructure the debt. You cannot refuse them.

When considering a request, the period of delay, the amount of debt, the position of the debtor, the decision of the management body of the HOA on the possibility of an installment plan are taken into account.

Going to court

Going to court is a last resort. The procedure is as follows:

The representative of the management company submits an application to the magistrate's court.
A decision is made within 5 days.
If the decision is positive, the judge's order is sent to the debtor.
Within 10 days from the date of receipt of the order, the defaulter is obliged to send objections, otherwise the order will become invalid and the court will need to go to court again.
If the citizen does not send an objection or the order does not reach him, then it will enter into force automatically.

When the court order is canceled, the management company goes to court and collection begins.

Enforcement proceedings

The writ of execution for the payment of the debt has the right to present for execution within 3 years from the moment the judge's order comes into effect.

Can you dispute?

The order can be challenged. Reasons for challenging:

the debtor does not agree with the amount of the debt;
there is no reconciliation statement confirming the consistency of the debt.

The grounds may be different if they are at variance with the decision of the public service.

Arbitrage practice

The court considers each delay as an individual case. If you believe the jurisprudence, there are also denials of approval statement of claim.

If a resident citizen does not have registration in the apartment for which the debt has arisen, the management company must prove that he lives in it. In the absence of arguments, the claim is rejected.

If the defendant does not come to the hearing, the case is considered without him.

Utility bills, namely payments for the use of electricity, gas, cold and hot water, heating, garbage disposal and elevator services, are collected from all apartment owners and private households, as well as tenants who have entered into an official lease agreement.

Don't delay your utility bills for a long time

In the event that the amount of utility bills exceeds the salary, or is more than 60% of it, the homeowner has the right to apply to the local authorities with a request for the allocation of subsidies to him for the payment of utility bills. If he did not do this, but at the same time suspended payment, the authorities can class him as a persistent defaulter and begin the procedure for collecting utility bills.

RF legislation on communal debt

Terms of payment for utilities are set Art. 155 LCD RF... The obligation to pay for services up to a certain period of time rests with the persons living in the housing and who are potential consumers of the services. According to Art. 153 LCD RF, a citizen who is the owner of housing, but temporarily does not use it for its intended purpose, and, accordingly, does not use public services, has the right to apply to the housing office to recalculate the cost of the accrued payment. Such recalculation is carried out not for all payments, but only for such as: electricity, gas and water.

Preventive action

If a malicious defaulter is found, the ZhEK employees have the right to take a number of preliminary measures against him, designed to stimulate the tenant to pay the debt. The greatest effect can be achieved in the following cases:

Placement of the name, surname and residential address of the defaulter on the notice board available at the entrance to each entrance. Also, utilities are allowed to publish lists of debtors in local newspapers. Unfortunately, such measures have an impact only on those who have temporary difficulties with payment, while hard-core debtors who do not have a permanent income and lead an asocial lifestyle practically do not react to them. In addition, cases of mistaken inclusion of citizens in the list of debtors are not excluded, which is extremely unpleasant, and become the cause of long-term conflicts between public utilities and innocent citizens.
Calculation of forfeit... In order not to become a debtor in the eyes of the state, it is necessary to pay for the communal apartment no later than the 10th day of each month, in case of delay, you will have to pay a monetary penny or forfeit. The amount of the forfeit depends on the current refinancing rate and is 1/300. Penny is charged for each day of delay; the management company is not entitled to independently change its size towards a larger one. The accrual of forfeit cannot be attributed to effective methods of incentives, its exchange is quite small. Most of the defaulters know absolutely nothing about this type of penalties.
Refusal to provide utilities. According to Decree of the Government of the Russian Federation of May 6, 2011 No. 354, utilities have the right to turn off water, electricity, gas and heating in a private household or apartment if its owner has not paid utility bills for more than 3 months. Before resorting to such extreme measures, utilities are required to send a written notice to the defaulter, either by handing it in person or by using the mail services. If a malicious defaulter opens up and looks for arguments in his favor, such a letter will become proof of his guilt. Before making a decision to turn off utilities, housing office workers in mandatory must visit the debtor. It is possible that a lonely person lives in an apartment or a house for which the debt is listed old man, whose pension does not allow paying for communal services. If the disconnection occurred without first visiting the debtor and sending a notice to him, a counterclaim can be filed against the utilities.

Installment plan for communal flat and provision of subsidies

Housing office employees have the right to offer the defaulter to pay utility bills in installments. In addition, people whose income does not cover 50% of utility bills are given a gratuitous subsidy designed to become reliable protection poor families and persons in a difficult state. The amount of the subsidy depends on the size of the living space and the amount of utilities. To obtain a subsidy, you must contact the bodies of social protection of the population.

The subsidy is not a cash payment - it is intended solely to pay for a communal apartment, for other needs it cannot be spent.

Collecting a debt for a communal apartment through the court

Conscientious citizens who find themselves in a difficult situation try to resolve the issue of paying for communal services as quickly as possible, without bringing the matter to litigation. The only measure to combat hard-core non-payers is the filing of a statement of claim by utilities in court. According to Art. 28 Code of Civil Procedure of the Russian Federation, the statement of claim is filed at the place of residence of the defendant or at the place of his actual location.

Filing a claim is allowed after 3 months from the date of the first non-payment of the debt. Until that time, utilities have the right to organize a search for the debtor on their own in order to present the debt to him and indicate the timing of its repayment.

Sample statement of claim

When going to court, representatives of public utilities are obliged to make a full calculation of the amount of the debt, as well as the amount of the accumulated penalty. If the amount of the debt is from 100 to 500 minimum units of account, then the case for its repayment is considered by the magistrate. If this indicator is exceeded, the collection of debt for utilities is transferred to the jurisdiction of the district court.

If the debt cannot be repaid in cash of the debtor due to their absence, the court has the right to make a decision on forced eviction from the occupied living space. According to Article 90 of the RF LC the decision to evict is made exclusively for tenants living in municipal apartment under a social employment contract. The eviction does not take place on the street, but into a smaller room, but suitable for living and meeting sanitary standards.

Eviction is naturally a very rare measure of last resort. In addition, eviction from the occupied housing is impossible in the case when:

the debtor has no other living space for living;
the debtor's family is considered to be dysfunctional;

Garden plots and personal belongings of defaulters cannot be confiscated, which turns judgment debt collection is a kind of fiction.

And yet, it is better to pay off debts on utility bills in a timely manner, trying not to bring the case to court. A possible visit of bailiffs and an inventory of property can please very few people.

Documents for filing a claim

When filing a claim in court, utilities must not only make sure that the debtor has no valid reasons, but also providing all related documents, namely:

calculation of forfeit for debt;
receipts indicating the amount of debt;
written notification of the occurrence of debt on utility bills;
other documents that can confirm the presence of a debt.

Lack of necessary documents can give the debtor a reason to start a long conflict.

The statute of limitations on debts for a communal apartment

Collection of utility bills has term of claim 3 years old... If during this period the utilities did not have time to go to court and claim the amount received, then they lose their legal right to claim the debt from the defaulter, even if he was found and informed about the amount and timing of payment of the debt.

In order not to mess with collectors, it is worth paying utility bills on time

At the request of the debtor, the limitation period may be extended. Such an extension is necessary if the debtor plans to sell his living space, or to settle at the specified address on a permanent basis. In such cases, the court always meets halfway and extends the statute of limitations.

Debt collection for utility bills is a lengthy process, therefore some management companies prefer to transfer their rights to debt to special collection agencies... The activities of the collectors cause more concern among citizens than the urgent demands of the state to pay the debt, since such agencies rarely worry about the expiration date.

What to do if there is no debt, but there are claims

The calculation of utility bills is a rather painstaking procedure, during which mistakes are not excluded, leading to getting into the lists of debtors of people who regularly pay for all services. In this case, you should not panic, you need to contact the management company, or the housing office and demand to make a full recalculation of all payments for the next six months. Most likely, the missing amount will be found and the citizen will be expelled from the debtors. When confirming the debt, the accumulated amount can be distributed among all subsequent payments or proceed as described above.

Faced with the issue of utility debt, one should not get lost, since most of the management companies are not profitable to intimidate their clients who are temporarily confronted with financial difficulties... Most likely, the case will not reach not only the court, but also the exchange of notification letters. Debt can be paid off different ways, and they are all extremely loyal to the debtor.

When persuasion and search for a compromise do not help and the resident of the house continues not to pay, the managing organizations and the HOA go to court. This is an extreme measure of dealing with debtors. To guarantee your success, you need to understand in advance the issue of collecting payments for housing and communal services in court.

Prepare documents according to the rules and in full

On April 18, Susana Kirakosyan, our regular author, PhD in Law and Advisor to ALTHAUS Group on civil and housing legislation, held an online seminar for us, where she told us how to correctly calculate the debt for housing and communal services.

At the online seminar, we discussed, among other things, how managing organizations to competently prepare for trial and not leave the debtor a chance to evade payment.

In every house there is a conflict resident who has a personal dislike for the managing organization and does not pay on principle. It is with such debtors that the UO works in court.

This is a complicated matter, so on the part of the managing organization, all Required documents must be executed correctly and provided to the court in full. You need to start with a claim for collection.

Fill out the foreclosure statement correctly

In order to correctly fill out an application for collection, you need to know where the owner gets the obligation to pay for housing and communal services. And it appears for the following reasons:

Art. 210, 249, 290 of the Civil Code of the Russian Federation - the owner bears the burden of maintaining his property;
Art. 153 - 158 Housing Code of the Russian Federation - the owner of a residential premises is obliged to pay monthly fees for residential premises and utilities by the 10th day of the month following the expired month;
nn. “I” clause 34 of Regulation No. 354 - the consumer is obliged to pay utility bills in full and on time.

Links to these regulations Susana Kirakosyan recommends to indicate in the application when collecting debt. So you will justify why the owner has an obligation to pay for housing and communal services, and you have the right to demand this payment.

In order not to leave a chance for the conflicting owner to find a flaw in the application, you need to study the judicial practice. Analysis judicial practice will help you find out what position the courts take. For example, the opinion of the Supreme Court of the Russian Federation will be decisive for the lower courts.

Using the position of the Constitutional and Supreme Courts of the Russian Federation will not only decorate the application for debt collection, but also give it serious weight and demonstrate your knowledge. Therefore, it is important for managing organizations and HOAs to familiarize themselves with the following documents:

Resolution of the Plenum of the Supreme Court of the Russian Federation of June 27, 2017 No. 22;
review of judicial practice of the Supreme Court of the Russian Federation No. 2 (2015), approved. Presidium of the Supreme Court of the Russian Federation dated 06/26/2015;

An application for debt collection is submitted at the place of residence of the defendant (Article 28 of the Code of Civil Procedure of the Russian Federation, clause 7 of the Resolution of the Plenum of the RF Armed Forces dated June 27, 2017 No. 22). Therefore, we recommend that the MKD management agreement explicitly stipulate that all disputes are considered at the place of conclusion of such an agreement.

The limitation period for overdue time-based payments is calculated separately for each overdue payment and is equal to 3 years (clause 1 of article 200 of the Civil Code of the Russian Federation, clause 24 of the resolution of the Plenum of the Supreme Court of the Russian Federation of 09/29/2015 No. 43). The term begins to be calculated from the moment the person learned or should have learned about the violation of his right.

If the debtor entity, then the cases are considered by way of summary procedure by arbitration courts. Simplified proceedings are possible with a claim amount of up to RUB 500,000.

Debtors-legal entities are subject to an imperative requirement - the recoverer must attach the calculation of the amount recovered as a separate document (clause 7, part 2, article 125 of the Arbitration Procedure Code of the Russian Federation).

Arbitration courts, taking into account the status of the parties to the dispute, require making complete and correct calculations, indicating in them the details of the invoices and data on the partial / full repayment of the debt by the defendant (number and date of payment orders), meeting acts of reconciliation of calculations.

More detailed information on foreclosure fees for housing and communal services can be found in the recording of Susana Kirakosyan's online seminar. We have collected all the documents you need in handouts and attached them to the article. Here's what you will learn by watching the video:

What documents will be required by the MA to collect debt for housing and communal services.
Who and how has the right to certify annexes to the claim for debt collection for housing and communal services.
How to calculate the debt for housing and communal services, if there are several owners of the premises.
What needs to be taken into account by the MA if the debtor is a legal entity.
From whom the debt is collected when renting out premises for rent or lease.
How to calculate the amount of the penalty (penalty) on the debt for housing and communal services.
Is it possible to collect debt for housing and communal services in the event of the invalidity of the remote control and the decision of the OSS.
What circumstances exempt the owners of premises from paying for housing and communal services.
Can the owner challenge the actions of the MA on calculating payments for housing and communal services and demand a recalculation.

In the following articles, we will tell you how to certify the attachments to the application, calculate the penalties, conduct an analysis typical mistakes UO when calculating the penalty.

Each apartment owner is obliged to make payments for the maintenance of housing. These include rent, electricity, gas, water and heat costs. However, if the above amounts are not deducted for a long time, then it becomes necessary to collect debts for utility bills by force.

In this regard, it is worth noting that in the summer of 2016, amendments were made to the legislation, thanks to which debts on housing and communal services can be collected in court using a simplified procedure.

Considering that the struggle with debt is a problem for public utilities, in this material we will tell you how and how to deal with debtors and get money for housing and communal services.

In this article:

How to collect utility bills debt

Many resource supplying organizations, management companies and homeowners' associations prefer and use pre-trial order debt collection for utility bills.

In this case, time is saved, as well as money that can be spent on legal costs... As part of this procedure, the debtor is sent notifications about the debt on housing and communal services, as well as reminder phone calls.

However, it is not always possible to obtain debt in this way. Then you need to go to court. Currently there is new order collection of debts on utility bills, which can be carried out in the order of order production.

At the same time, it is worth paying attention to the fact that, unlike other categories of cases, the collection of debt on utility payments court order issued regardless of the amount of obligations.

To obtain it, the creditor organization must apply to the court at the place of registration (registration) of the debtor.

The status of the court will depend on who the debtor is, if individual, then you need to apply to a magistrate court, and if a legal entity, then to an arbitration court.

To do this, it is enough to submit an application for the issuance of a court order for the collection of debt for utility bills, and the court will issue an appropriate court order. With this approach to resolving the issue, the amount of the state duty will be half as much as in a regular claim.

The procedure for considering a case on issuing an order for housing and communal services

Simplified collection of utility bills is characterized by the fact that neither the applicant nor the opposite party with utility bills is summoned to court.

The arbitration court or the magistrate simply accepts the relevant document within 5 days and sends it to the participants in the process by mail.

The order includes not only the amount of the principal debt, but also the penalty charged for late payment of utility bills. Therefore, do not forget to indicate the amount of the penalty in the application for the issuance of the order.

Unlike the statement of claim, the debtor is unfamiliar with the content of the application for a court order. He is faced with the fact of debt collection and its size. Further, the person must decide on his own whether to pay utility bills, or try to challenge the court order.

However, it should be remembered that a special mechanism is provided for this. Unlike debt collection within the framework of a claim, there is a different sequence of actions to cancel a court order. In particular, the order cannot be appealed or cassated.

What to do with a court order

For the debtor to be able to challenge it, 10 days are allotted from the date of receipt of the text of the document. The court can consider the application for the cancellation of the court order both in the presence of the parties and without them. Based on the results, a definition is adopted.

If the order is canceled, then the utility should prepare a claim to collect utility bills. It is subject to review by general rules civil process.

If the order has entered into force, then it must be submitted to the bailiff service at the place of registration of the debtor. Further, the enforcement procedure will be initiated.

Important points when filing a claim for debt collection for housing and communal services

In order to solve for itself the problem of how to collect debts for utility bills, it is important for an organization to approach the preparation of a claim correctly.

In particular, it should indicate:

The amount owed by period.
Data on payments received from the defendant.
The amount of penalties charged for violation of the terms of payment for utilities.

Based total amount the requirements are calculated by the state duty.

The lawsuit is accompanied by a reasonable calculation of the debt for housing and communal services, as well as other evidence confirming the existence of the debt. These may include a claim and pre-trial correspondence with the recipient of utilities.

It is imperative to take into account that the period for collecting utility bills is 3 years, which is within the limits total timeframes limitation period. It may well be that in terms of the amounts it has already expired. Therefore, this circumstance must not be forgotten in the course of the forthcoming trial.

As soon as the decision on the claim enters into legal force, then for debts on utility bills you should get performance list.

It is transferred to the bailiffs, who will collect the awarded amounts from the debtor's income or property.

Organization of work on debt collection for housing and communal services

The current version of the Code of Civil Procedure of the Russian Federation makes it possible to collect utility debts, both on the basis of a court order, and on the basis of a court decision on the collection of debt for housing and communal services. By the way, the same goes for unpaid phone or mobile bills.

The court order is issued without inviting the parties to court and may soon become a pretext for the work of bailiffs. As for the lawsuit, it can take up to two months. Plus, some time may be spent on enforcement proceedings.

Therefore, in some cases, it is important to correctly structure the work with the debtor. You can invite him to the utility service in order to verify the current debt, and determine the procedure for its repayment. It is quite possible that as a result of negotiations it will be possible to achieve payment by installments.

It is also important to constantly keep an inventory of utility debts. So you can protect yourself from the risk of missing limitation of actions.

To do this, the organization must have an appropriate unit and specially developed instructions, such as.

According to statistics, about 100 billion rubles of debt for housing and communal services had accumulated by 2016, but until now it was almost impossible to reclaim it from apartment owners.

DEBT GOOD TURN DESERVES ANOTHER

In accordance with the requirements of the Housing Code of the Russian Federation, owners and tenants are required to maintain Living spaces in good condition and regularly pay utility bills. When calculating, local governments must use the tariffs established by the relevant regulations. The management company makes the calculation, it also sends a receipt to each owner (or tenant) of the apartment. The latter must indicate the type of payment, the volume of services provided, the tariff, the amount of insurance premiums, and the amount of payment.

For payment of utilities, a certain period is set, in case of violation of which the debtor is charged a penalty. To receive the amount due, the creditor may apply to the court, by decision of which the debt will be collected by bailiffs or collection agency... However, for bailiffs, the amount of debt of each payer is too small, and the management organization can contact the collectors only if an agreement has been concluded with the non-payer, according to which data about the debtor can be transferred to third parties. Most often, such a clause is not included in the contract, and therefore debtors may not pay their bills for a very long time, continuing to use utilities. Therefore, since 2016, changes have been made to the legislation: a simplified procedure for collecting debts and a progressive penalty for the amount of debt have been introduced.

JUDICIAL ORDER

This option is very simple and convenient for the creditor - the management company, which just needs to go to court at the place of residence of the debtor with an application for a court order. The procedure is not new, it could have been applied to debtors before, but the federal law of 03/02/2016 No. 45-FZ, in accordance with which amendments were made to the Civil Procedure Code of the Russian Federation, de jure fixes this procedure as the main algorithm for collecting rent arrears in courts of general jurisdiction (and not in arbitration).

THE DECISION ON THE JUDICIAL ORDER FOR THE COLLECTION OF THE APARTMENT DEBT IS MADE WITHOUT PROCEEDING AND WITHOUT CALLING THE PARTIES TO PARTICIPATE IN THE MEETING. THE DECISION IS NOTIFIED TO THE NON-PAYER AND THE GOVERNING ORGANIZATION, AFTER WHICH THE PARTIES HAVE 10 DAYS TO APPEAL. IF A COMPLAINT DOESN'T MAKE AN ORDER IMMEDIATELY IMPLEMENTED

Court order - a decision made by a judge alone on the basis of an application for recovery from the debtor sums of money or about reclaiming movable property if the amount of money or the value of movable property does not exceed 500 thousand rubles. An application for the issuance of a court order is similar in structure and content to an ordinary statement of claim. The introductory part begins with an indication of the magistrate, the claimant (CC or HOA) and the debtor. If the defendant is only temporarily registered in the apartment, the utility bills for which are going to be collected, it is necessary to indicate the place of his permanent registration (if it is known to the claimant). The descriptive part should include the date from which the debtor owns the dwelling (for confirmation, an extract from the Unified State Register of Registry of Real Estate should be attached to the application).

If there is no certificate of ownership, copies of the act of acceptance of the premises and (or) the contract will be required equity participation... In the main part, the details of the minutes of the meetings dedicated to the establishment of the amount of payment for the content are indicated. common property, as well as payments for other needs of the house (these documents are needed to determine the amount of debt). The operative part of the application is a requirement for the issuance of a court order, the amount and period of debt collection and penalties (fines). The application must be accompanied by all copies of documents that confirm the existence of debt: calculation of debt and penalties for the relevant period; minutes of meetings, during which the amount of payments for general needs was established; an agreement with the debtor for the provision of services by the management company (if any) and (or) an agreement with the HOA for the management of the house; receipts with readings of general and individual metering devices for the specified period; payment order about payment state duty(in the amount of 50% of the amount payable when filing the same claims in a claim).

Fines will be paid not only by those who "forgot" about the rent, but also by the management companies. THEY CAN BE FINISHED IN THE BENEFIT OF THE RESIDENTS FOR ILLEGALLY ACCOUNTED AMOUNTS (UP TO 50% OF THE INCORRECTLY CALCULATED PAYMENT WILL BE CONSIDERED IN FUTURE PAYMENTS) AND FOR FAILURE-QUALITY SERVICES (UP TO 30% OF THE COST)

You can submit an application to the magistrate either by mail or by courier, with a power of attorney. The choice of a magistrate is determined by the judicial section, which is assigned to the territory of the debtor's house. After filing an application, the court makes a decision on the issuance of the order within three days (or prepares a reasoned refusal to issue it within five days). The parties are not summoned to the court, the session does not take place. A copy of the decision is sent to the participants in the case no later than the next day after the day of its adoption; the text is posted on the court's official website on the Internet.

The court order comes into force ten days after it is received by the debtor and from that moment is equivalent to a writ of execution. Then the order is to be transferred bailiffs... Having received the order, you can file an objection to it within ten days. The owner of the apartment, challenging his debt, must indicate in the objection that he does not agree with the order. In this case, the case is referred to the court or (if there are sufficient grounds, for example, if the debtor submits receipts for payment of utility bills), the court order may be canceled.

However, a court order is not the only way to collect debt. If the application is refused or the order is canceled, the managing organization has the right to go to court with a regular statement of claim.

THE COURT GOES

According to experts, one of the obstacles to the effective collection of all kinds of debts is a lengthy litigation. That's why judicial proceedings it is proposed to simplify as much as possible. V simplified procedure cases can be considered: on the recognition of property rights and on the recovery Money or on the reclamation of property, if the value of the claim does not exceed 100 thousand rubles; on statements of claim, which are based on documents submitted by the plaintiff, establishing recognized but not executed by the defendant monetary obligations and (or) confirming the debt under the contract. In this case, the case should not: arise from administrative legal relations (when one of the parties is the state represented by the authorities); be associated with a state secret; affect children's rights; fall under the signs of special proceedings (when the goal is not to resolve a dispute about rights). Alternatively, the judge can return to general order consideration when it is necessary to find out additional circumstances or investigate additional evidence, to appoint an expert examination or to hear testimony, as well as if the rights and legitimate interests of other persons may be violated due to a court decision.

IN THE OPINION OF A NUMBER OF EXPERTS, THE DEBT COLLECTION ALGORITHM BY A JUDICIAL ORDER WILL BE USED BY CELLULAR OPERATORS. IN FACT, THE REGULATIONS OF THE LAW ARE RELATED ONLY TO THE DEBTS FOR THE CITY PHONE, BUT, PROBABLY, THEY WILL BE ABLE TO TURN AGAINST "MOBILE DEBTORS" EVERYTHING IS IN THE JUDGMENT

The court issues a ruling on the acceptance of the statement of claim for proceedings. The document notes that the case will be considered in a simplified manner, a deadline is set for the parties to submit evidence and objections regarding the claims presented. It is at least 15 days from the date of the ruling. Also, the court may offer the parties to settle the dispute on their own, indicating the possibility of reconciliation. If evidence and other documents were received by the court before the decision was made on the case, but after a specified period of time, they are accepted only on the condition that the deadline has been missed for valid reasons. The case is considered without calling the parties. The court examines the explanations, objections and arguments set out in the documents and makes a decision on the basis of the evidence presented.

IN 2016, THE GROWTH OF Housing and Utilities Tariffs IS PLANNED AT THE LEVEL OF 4%, WHICH IS SIGNIFICANTLY BELOW INFLATION. THE EXPERTS BELIEVE THAT THE NEW RULES FOR COLLECTION OF DEBTS AND CALCULATION OF PAYMENTS WILL HELP NOT ONLY FOR RESOURCE SUPPLYING ORGANIZATIONS, BUT COMMON LIVING BECAUSE I WILL HELP

LET'S COUNT?

Previously, penalties were charged from the first day of delay in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation for each day of debt. From January 1, 2016, the system for calculating interest has changed. Now the penalty payment is calculated from the 31st day of delay in payment in the amount of 1/300 of the stake, and from the 91st day the penalty will increase to 1/130. The refinancing rate of the Central Bank from January 1, 2016 is 11%. According to statistics, the average rent for an apartment of 60 m² in Moscow is about 6 thousand rubles. Based on these data, we derive the formula: payment amount = debt × delay time (in days) × penalty amount, where the amount of debt is the rent multiplied by the number of months of delay.

According to the old rules, if you are in debt for 1 month, then in the next one you must pay (in addition to the rent for 2 months) a penalty of 68.2 rubles. (6000 × 31 × 0.11 / 300). According to the new rules, no debt is charged for the first month. From the second, the size of the debt will remain the same as before - 68.2 rubles. From the third month, the amount will begin to increase by almost 2.5 times: 6000 × 3 × 91 × × 0.11 / 130 = 1386 rubles. The authors of the innovation are sure that its severity is compensated by the ability to use the first 30 days as a payment schedule. The latter is especially relevant for those who went on a long business trip, did not receive a receipt on time, or suffered from salary delays.

However, law-abiding payers should not flatter themselves especially. The debts of the owner of the premises and the accrued penalties will initially be paid by the management company, since it is she who will have to pay the bills of utility suppliers. Then the amount of debt will be withdrawn from the accumulated under the article "Maintenance of common property apartment building”, That is, less and less funds will be allocated for the maintenance of the building. The representatives of the managing organizations are not sure that the new procedure for collecting debts will make it possible in practice to get the amounts due from debtors.

House managers are convinced that only a number of measures will help to cope with non-payers: the inclusion of the amount of the penalty in the total payment document, legislative consolidation of the transfer of debts for housing services provided to the new owner when selling an apartment, as well as a significant simplification of the procedure, which allows to restrict the provision of utility services to debtors. Who is right - management companies or legislators, will become clear by the end of the year, when the first results of court hearings devoted to the collection of utility debts will appear.

INCORRECT RATING

Errors in payments are most often associated with the fact that the Criminal Code charges rents on retired tenants (for example, on a deceased relative registered in an apartment, or on the previous owners when the owner of a home changes). But if, when studying the receipt for the payment of utilities, it turned out that the accrued amounts are far from the real ones (say, the payment for the used hot and cold water was calculated incorrectly), you need to proceed as follows.

Draw up an application to the management company with a request to describe in detail the procedure for charging utilities, as well as indicate the applicable tariffs and standards. The management company must give an answer within three days, but has the right to ask for an extension of this period.
If there is no response from the management company, you must apply to the control and supervisory organizations - housing inspectorate at the place of residence, tariff regulation body and Rospotrebnadzor (protects all consumers of services without exception).
At the same time, you can send an application to the prosecutor's office, which is called upon to protect the rights of citizens in all cases without exception. The application must be registered and reviewed within 30 days.
In the event that the rent has not been counted, you must go to court. To draw up a statement of claim, you should use the help of a specialized lawyer. With a positive decision of the court, the management company is obliged to recalculate as soon as possible, otherwise the bailiffs will deal with the problem.