What rights do bailiffs have? Powers of bailiffs in relation to debtors. What documents must an employee present?

If the case of debt collection has reached the court, then rest assured that the bailiffs will handle the collection. Their powers are quite broad and are based on the laws of our country. But not all executors conscientiously perform their duty and may exceed their powers, thereby violating the rights of the defendant. So, what rights of bailiffs to collect a debt should the defendant know.

Bailiff's Certificate

How did the debt get to the bailiff?

In our time, few people can live without debts; some have not repaid a loan or loan; others owe money for housing and communal services or have fines from the traffic police. But everyone will still have to pay their bills, because all problematic penalties are referred to the court for consideration. After a court decision is made on the debt, the writ of execution is sent to the Federal Bailiff Service.

The bailiff initiates enforcement proceedings. After which the defendant there are 5 days for voluntary payment of debts. And if he categorically disagrees with the debts, then he has the right to go to court and appeal the decision. By the way? In court, you can ask for a deferment or installment payment if it is not possible to pay the debt in full.

The court will refuse the request for a delay if the plaintiff is not satisfied with these conditions.

Legislative framework

The bailiff is indeed endowed with quite a lot of powers, which frightens debtors. But they all have legal grounds and are spelled out in the following acts:

Code of Administrative Offenses of the Russian Federation;
Constitution of the Russian Federation;
Regulations on the Federal Bailiff Service;
Regulatory acts of the Ministry of Justice;
Civil code;
Federal Law No. 135 “On Estimated Value”;
Federal Law No. 118 “On Bailiffs”.

This is not the entire list of legislative acts that describe in detail the powers of bailiffs when collecting debt, which frightens most defendants. But the debtor also has his own rights, which he must be aware of.

How the debt is collected from the defendant

There is a list of duties of the bailiff, according to which he executes the court order:

Checks the debtor's bank accounts, whether he has deposits, shares and other financial assets, as well as whether he owns movable and immovable property, for example, vehicles.
Sends a summons to the defendant to appear at the FSSP office.
The bailiff has the right to demand a declaration of property from the debtor. For providing false information, criminal liability arises, for which there is a a fine of up to 100,000 rubles or compulsory work for a period of 180 hours.
A bailiff can put a debtor on the wanted list if he evades obligations or his property, although until 2011 this was done by police officers.
The bailiff has the authority to enter the defendant’s home and even open it.
The executor has the right to carry out an inventory of the property and its seizure with subsequent sale.
Since 2015, it has been possible to seize the debtor’s only home.
The bailiff is authorized to seize the debtor's bank accounts and write off funds from them to transfer them to the plaintiff. It may also seize part of your wages or other income.
The bailiff may restrict the debtor from traveling abroad or deprive him of the right to drive a vehicle until full payment is made. This is done only if the amount of debt more than 10,000 rubles.

The debtor should not shirk obligations so as not to aggravate his situation.

Note for debtors

What a bailiff should not do

Below is a list of examples when bailiffs violate the rights of the defendant:

They describe and seize those items that they do not have the right to seize (the list is presented below).
Child or social benefits are subject to collection.
The arrest is not made according to the norms established by law.
During the inventory of property, the debtor and two witnesses are not present.
The contractor did not provide the defendant with a period for voluntary fulfillment of obligations.
Property that did not belong to the debtor was seized.

The debtor can appeal the seizure of property within 10 days if his rights have been violated.

Defendant's rights

If the seizure of property could not be avoided, the debtor has the right to redeem it. After all, the seized property is put up for sale at auction, and at a low price, so the defendant can act as a buyer; no one can deprive him of these rights.

During enforcement proceedings, the defendant has the right to receive all documents, including making copies for himself. He can also appeal the bailiff’s decision if his property was given a biased assessment; for this, he can insist on an independent examination. At the stage of inventorying the property, the defendant can come to an amicable agreement with the plaintiff, provide evidence of financial insolvency, and ask for an installment plan for the debt.

For any action of the bailiff, you can file a complaint with the management, and if they do not respond, then to the court.

What bailiffs cannot take from a debtor

The first thing that bailiffs cannot do is to foreclose on property whose value exceeds the debt. For example, if the debt is 50 thousand rubles, then they will not be able to sell a car worth 10 times more.

There is also a list of items that are not subject to seizure:

clothing and shoes;
food;
livestock;
necessary furniture and household appliances;
a car if it is the only source of income;
personal hygiene items;
property that is necessary for earning money;
items not belonging to the defendant;
state awards and prizes.

The first thing that falls under the inventory is luxury items, that is, jewelry and other valuable things. Equipment such as a TV, computer, laptop, washing machine and microwave oven are considered luxury items and are subject to seizure. And if the bailiff described property that, for one reason or another, is vitally necessary for the defendant, then you can go to court.

Inventory of property

In general, the duties of the bailiff to collect the debt are to force the debtor to fulfill his obligations by any means. Despite the fact that the defendant has certain rights, he will definitely have to pay off his debts, and it is advisable not to bring the matter to court.

A bailiff is a person who directly carries out functions related to the enforcement of court decisions, as well as other acts and decisions of officials and bodies.

Responsibilities

The main responsibilities of a bailiff are to execute decisions, which most often involve the collection of money or the seizure of property that must be sold to obtain the necessary finances.

Collection - seizure with subsequent seizure of funds, both cash and non-cash (located in the virtual or bank accounts of a person with a debt). After the property is seized, it is sold (realized), and the proceeds in this case are used to pay off the debt.

In addition, measures to encourage debt repayment may include: a ban on traveling outside the Russian Federation, the issuance of a foreign passport, a ban on the alienation of movable or immovable property. The fruits of intellectual activity are also prohibited.

The duties of the bailiff also include supervision of the execution of the sale of property.

The essence of the position

To better understand what the job responsibilities of a bailiff are, you need to consider some of the features of their position.

A bailiff is an official. He is an employee of the Federal Bailiff Service, which is called upon to ensure the order established by higher authorities. This applies to work:

Constitutional Court of the Russian Federation.
Supreme Arbitration Court of the Russian Federation.
Supreme Court of the Russian Federation.
Arbitration courts and general jurisdiction.
Execution of judicial acts and measures of other bodies in the context of enforcement proceedings.

Legislative support

The legislative basis for the work of the bailiff industry is the federal law “On Bailiffs”. The Regulation “On Enforcement Proceedings” establishes the distribution in which the enforcement of court decisions and other acts is carried out.

The Law “On Bailiffs” is aimed at the practical implementation of the federal law, which is called “On Enforcement Proceedings”. It also regulates the rights and obligations of bailiffs and introduces rules that apply when initiating criminal proceedings.

Responsibilities of the bailiff

The rights and obligations of the bailiff are carried out strictly taking into account the documents regulating them.

Based on documents, bailiffs ensure the order of the court's activities, the conduct of court hearings, and can also be executors of judicial decisions or decisions of other bodies.

Main responsibilities:

ensuring the safety of judges, other assessors, and other participants in the process at court hearings;
security of buildings, as well as court premises and meeting rooms during work;
execution of orders issued by the chairman of the court, the judge, as well as the presiding officer during the court session, which are directly related to maintaining order during the session;
application to the convicted person, defendant, and other participants in the meeting of measures necessary for legal procedural coercion;
carrying out inspections of premises before meetings;
cooperation with the military who escort detainees;
bringing those persons who do not appear in court;
taking part in the execution of enforcement actions (only upon instructions issued by the bailiff).

Also, the duties of the bailiff include the following measures:

The use of force or means specifically intended for this purpose, firearms or physical measures. These measures are applied only when others cannot ensure the performance of official duties. It is allowed to use firearms against those persons who behave inappropriately or threaten the life of the bailiff himself.
It is prohibited to use this measure against pregnant women, minors, disabled people, and persons who do not commit violent acts. In cases where persons show obvious armed resistance, the measure is applicable.

Law Enforcement Actions

The duties of a bailiff involve actions to:

taking measures for the correct, timely, complete implementation of documents and resolutions;
providing participants in enforcement proceedings with time and opportunity to familiarize themselves with the materials and documents of the proceedings;
consideration of statements of the participating parties related to the investigation, as well as their petitions, introduction of changes, decisions, explanations of the timing of activities or their appeal.

Bailiff's rights

Both the rights and duties of the bailiff must be observed in accordance with the laws of the Russian Federation. According to the instructions drawn up on the basis of the law, the bailiff has the right to:

obtaining, when carrying out actions to implement the resolution, the information necessary for work, as well as certificates and other explanations;
issuing instructions to other participants in the process regarding the performance of actions to fulfill the order;
checking employers for compliance with executive documents relating to employees who are debtors, as well as checking documents that are maintained in the process;
access to premises, as well as storage facilities, which belong to or are occupied by debtors;
opening these premises and conducting an inspection to determine actions regarding premises or storage facilities that belong to responsible persons (based on a court decision);
arrest, transfer for storage, seizure, sale of property;
imposition of special arrest on funds or other valuables that belong to the debtor;
the use of technical premises as temporary for storing property that has been seized, as well as the right to use the recovery vehicle, the debtor;
putting on the wanted list a person who has debts, as well as putting the property of this person or his child on the wanted list;
summoning citizens or officials to court on documents that are in production and executive documents.

Features of interaction with bailiffs

Unfortunately, in the modern world, the duties of a bailiff are not always legal. The media often highlight cases of abuse of power when law enforcement officers act outside the bounds of the law. There are situations in which Themis employees violate, for example, the deadlines for the execution of proceedings, continue to carry out enforcement activities after the termination of the proceedings in the case, and sell property seized during the case for personal purposes.

In any of the cases that are not legal, the injured citizen has the right to appeal the actions of the bailiff. To do this, a complaint is sent to an official or body in court. It is submitted no later than 10 days from the moment the unlawful act was committed.

If a citizen has not received timely information about the time or place of enforcement actions, as well as about the refusal to take an action, then the period within which to appeal the action begins from the day when the specified person received the necessary information.

Authorized documents

When performing his direct duties as a bailiff, the employee is required to have a document with him. It is proof that the employee’s actions are controlled by law, and the person in relation to whom these actions are performed is protected by the laws of the Russian Federation.

Responsibility for actions

The duties of a bailiff impose responsibility on him. The bailiff is responsible for:

Any decisions, omissions or unlawful actions may be appealed. To do this, they turn to a higher-ranking person or to the court. In addition, an appeal submitted to a superior person is not an obstacle to filing an application in court.
According to the laws of the Russian Federation, the bailiff is responsible for any misconduct or violation of the law.

Damage that may be caused to a citizen or organization is subject to mandatory compensation in the manner established and provided for by law. The Prosecutor General of the Russian Federation, as well as the persons who report to him, monitor the implementation of laws and the procedure for carrying out actions.

Operating procedure

After a court decision is received and the case is put into proceedings, the actions of the bailiffs are subject to a clear structure:

a writ of execution is accepted;
proceedings to enforce the decision are initiated;
the debtor is given a period during which he can voluntarily repay the debt;
Relevant requests are sent to the State Traffic Safety Inspectorate and the State Register, which confirm or refute the data on the debt;
a resolution is issued, which specifies the measures of compulsory collection;
consist of measures to seize or otherwise restrict property for the purpose of executing proceedings;
a resolution on the enforcement fee is issued. This decision is issued only after it has been officially established that the property belongs to the debtor;
a resolution is issued indicating the completion of enforcement proceedings. This resolution states that all coercive measures have been taken and the citizen no longer has debts;
decision to remove measures. This resolution is the most important. After completing the necessary measures, all restrictions previously imposed on the citizen and his property are lifted. Must be carried out within 3 days from the date of issue.

Interaction with debtors

In most cases, regardless of whether a citizen has a debt to the bank or alimony debt, work begins with the submission of the necessary documents from the other party to the court. Based on the decision made, the bailiffs are already starting to work.

The duties of the bailiff to collect the debt begin after the bank has filed a lawsuit against the debtor. For the bailiff, only the period of non-payment matters; the size of the amount in this case is completely unimportant. The only case when the duties of the bailiff cannot be fulfilled in relation to the debtor is the proven objective impossibility of paying the debt. In such a case, the provision caused by the impossibility of collection shall apply.

In addition, there are situations where bailiffs also interact with military registration and enlistment offices, police and other government agencies.

The court removes or imposes obligations. It is almost impossible for a bailiff who carefully fulfills his duties to be caught negligent. However, when faced with the work of the service, it is necessary to clearly know the rights and obligations of the debtor and the bailiff.

The Federal Bailiff Service is responsible for the collection of all types of documented debts in the Russian Federation. This organization undertakes the implementation of all enforcement proceedings, ensuring compliance with the rights of claimants. The legal and legislative justification for the activities of bailiffs is Federal Laws No. 229 and No. 118. At the same time, the actions of bailiffs are strictly regulated.

Table of contents:

Justifications for debt collection

The FSSP can begin its work following a court decision on the forced collection of any debts. Also, in some cases, it is permissible to begin enforcement proceedings (IP) upon the appeal of creditors with the presentation of relevant documents. Such cases may be collection if the claimant has an appropriate court decision or order, or a notarized agreement on alimony payments.

The procedure for collecting debts is regulated by law. An appeal to the FSSP regarding a writ of execution can be made either directly by the justice body, by sending such a writ directly to the FSSP after the decision is announced, or by the claimant himself, if such a writ has been issued to him.

Important fact: a writ of execution issued in hand allows the claimant not only to apply to the FSSP to receive the funds due, but also to carry out collection actions independently. In this case, the claimant is allowed to apply with a writ of execution to the debtor’s bank, or at his place of work, but only in situations where the total amount of debt is less than 25 thousand rubles.

Procedure forcontacting the bailiff service

A person who has a writ of execution issued by the court, as well as other documents that can serve as a basis for starting enforcement proceedings regarding collection from the debtor, must contact the FSSP department. In this case, such a department must be located:

At the place of residence or location of the debtor;
At the place of opening of his bank accounts;
According to the location of the property.

After receiving a court writ or an application to open enforcement proceedings on the basis of other documents, the bailiff is obliged to issue a receipt of such an appeal, and also to open enforcement proceedings within three days, of which both the claimant and the debtor are notified. In this case, the total waiting period can be six days if the application to open enforcement proceedings is submitted to the FSSP, and not to a specific bailiff. The FSSP has three days to send the writ of execution and documents directly to the bailiff (SPI), and another three days to open an individual entrepreneur.

Important fact: The claimant must attach to the application and the writ of execution the details of his bank account to which the collected funds will be transferred.

Also, if enforcement proceedings for a specific debt are opened for the first time, the bailiff is given a period with the possibility of the debtor voluntarily closing the debt. Such deadlines are five days from the moment the person with the debt receives a notification from the FSSP representative.

Important fact: justice authorities may set an additional period for voluntary repayment of debt.

If the individual entrepreneur is already operating or is not opening for the first time, or if the debt has not been repaid within the period allowed for voluntary repayment, the individual entrepreneur is obliged to take measures to collect it within a two-month period. During this period, as well as at its end, the recoverer may demand from the bailiff a report on the collection actions taken and, in case of unsatisfactory work of the FSSP representatives, may contact the prosecutor's office.

The procedure for conducting enforcement proceedings by bailiffs

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To collect debt, the following actions are carried out in accordance with the established procedure:

The claimant has the right to control the progress of the IP and send a request to the bailiff to carry out any of the above actions.

A person who can knock on any house and demand repayment of a debt, if there is a court decision, is called a bailiff.

More formally: this is an official who executes a court decision or ensures the legal order of its work.

The activities of bailiffs in our country are quite active. The official duties of a bailiff (executor) and his powers are established by current, regularly updated legislation. What are the duties of a bailiff, we will consider in more detail in the article.

The modern system of effective work of bailiffs was formed in our country in 2004 and operates in accordance with the decrees of the Russian President “On the system and structure of federal executive authorities”, “Issues of the Federal Bailiff Service”, regulations on the activities of this service, and other legislative and local acts.

But even before this moment, bailiffs carried out their activities while being part of the structure of other bodies (since 1997). Also, historical documents indicate the existence of a similar profession in Rus' back in the twelfth century.

FSSP employees have a special uniform. It can be black or blue with specific distinctive marks. In 2008, a special service badge was established, which confirms the fact that the bailiff is on duty.

Tasks

Defined in the official regulations on the activities of the federal service.

Central tasks:

resolving issues of ensuring order in courts of all levels - from Constitutional to arbitration;
measures for the enforcement of decisions of arbitration courts and common law.

Also, the tasks of the federal service include managing territorial divisions and carrying out necessary actions through them, functioning within the framework of the Constitution and Russian legislation, coordinating work with other federal, regional, local executive authorities, and public organizations.

Specialization of bailiffs

All services are headed by the chief bailiff of the Russian Federation, appointed by the president of the state (he is also the head - director). According to the regulations, he is given personal responsibility for the work of the entire service.

Based on the assigned tasks, bailiffs are functionally divided into those who execute judicial acts and those who ensure law and order in the activities of courts.

The working day of a person in this profession is most often irregular. If circumstances so require, a service employee may be called upon to perform official duties on weekends and even at night.

What are the criteria for a visual disability? You will learn about this in another.

Rights and responsibilities of bailiffs

Bailiffs to support court activities

Let's consider the rights and obligations of the bailiff in debt collection and other proceedings.

In December last year, the federal service issued an order “On approval of the Procedure for organizing the activities of bailiffs to ensure the established procedure for the activities of courts.”

It describes in detail what and how these specialists should and can do while working.

So, they have the following responsibilities:

Take all measures for the safety of judges, jurors and all participants during the trial, both in the courtroom and outside.
Carry out the instructions of the judge to deliver case materials and material evidence.
Act on the orders of the chairman of the court and judges during meetings to restore order.
Monitor compliance with order in judicial institutions, guard buildings (by special decisions, including around the clock).
Delivery of persons evading participation in hearings on the basis of court orders, investigators and other authorized persons.
During the performance of professional activities, prevent and suppress offenses.
Interact with law enforcement agencies and military personnel performing escort to protect the transported persons.
Regularly participate in special training activities and undergo tests for professional suitability when using physical force and firearms.

Have the right:

To be allowed into any territory for the detention and forced delivery of citizens who evade attending court when summoned. In this case, it is enough for the bailiff to assume that this person is in the room or in this place. If the court order includes permission to enter the home, then he will enter your home. In doing so, he is guided by the law “On Enforcement Proceedings”.
Check documents of people in the court premises, FSSP and territorial structures. When bringing in evaders, search them if they are suspected of having weapons, explosives or other items that pose a threat to the safety of people in the area.
Restrict the admission to the premises of courts and bailiff services of persons carrying weapons (with the exception of a convoy accompanying detainees), ammunition, explosives, drugs, etc. If such persons pose a potential threat, refer them to the appropriate authorities.
During the performance of their duties, cooperate with employees of various state, municipal, territorial bodies and departments.
If necessary, use force and use a service weapon.

Bailiff

Responsible:

When performing your professional activities, timely, completely and correctly apply actions to fulfill the requirements of executive documents.
Provide an opportunity for participants in the proceedings/representatives of the parties to familiarize themselves with the case materials. In this case, it is allowed to copy the necessary material and rewrite the necessary fragments.
Consider applications from participants in enforcement proceedings, make decisions, explain to the parties the rights, the procedure for appealing, indicate deadlines, etc.
If you have a personal interest in the process, or for other objective reasons that imply doubts about the impartiality of the case, recuse yourself.

Granted the right:

Request and reliably receive from employees of institutions, participants in the process for solving professional problems - certificates, explanations, and any necessary information.
Check debtors' documents and financial documentation at enterprises as part of the enforcement case for the execution of court orders.
Freely go to any places where debtors may be (including those that are the private property of debtors), where inspections and other legal actions are carried out, if there is a corresponding court order.
Confiscate or seize property. Organize the transfer of property for storage or sale (exception: property withdrawn from circulation by law is not subject to sale).
Make an arrest, to the extent specified in the executive order, on the financial assets and material assets of the debtors - including accounts in banks and various other credit organizations.
Obtain the owner's consent to use non-residential premises for storing things that have been seized, and use these premises specifically for this purpose. Use the debtor's transport to transport things.
Place a search for a hiding debtor or hidden property.
Put children on the wanted list.
Perform all necessary actions provided for by law to solve professional problems.