Anyone in life may experience an unpleasant situation - the need to communicate with bailiffs. Of course, it’s better not to let it get to that point and pay off your debts on time. But, alas, no one is immune. How to deal with bailiffs?
First of all, you need to understand in what situation bailiffs can come to you, and how the procedure for describing property generally occurs.
As a rule, we are talking about the collection of some very overdue debts: alimony, credit, rent arrears, compensation for damage from an accident, etc.
Collection stages
The collecting organization files a complaint with the court. The court makes a decision on recovery. If you still have not repaid the debt within the specified period (usually five days), the court issues an order to the bailiff service. But even here the performers are not immediately sent to your home. First, you are sent a letter inviting you to appear before the bailiff to resolve the situation. But if you don’t show up even then, then in this case you already need to prepare for the meeting on your territory.
By the way, let us mention that there is no need to mix two different services - the FSSP and collection agencies. The latter may appear without warning and without any court order.
So, for one reason or another, the situation escalated and if the courts came. What should your actions be? How to behave with bailiffs? The most important thing, to paraphrase Ilf and Petrov, is “not to offend the government courier.” The bailiff is the person in charge. Resisting him, trying not to let him into the house, and in general any inappropriate behavior will only worsen the situation. And she’s already not great.
Peaceful way
It is advisable to tune in to a polite dialogue and search for a mutual solution to your problem. After all, you had plenty of time to prepare for the meeting, from the moment of the trial until the arrival of the bailiff; our practical advice will help you resolve a complex issue, and even if the bailiffs suddenly came to your apartment or house.
The bailiff is not a monster; his task is not to take away your property at any cost, but to find out the exact terms of payment of the debt. If you can guarantee payment in the near future (within a few days), then they will probably meet you halfway and leave you alone for the agreed period.
What can they be held accountable for?
Of course, do not insult the bailiff under any circumstances, because this may result in you being held accountable under 17.8 of the Code of Administrative Offenses - “Obstruction of the lawful activities of an official of a body authorized to carry out the functions of compulsory execution of executive documents and ensuring the established procedure for the activities of courts” and you will have to pay a fine.
It happens that debtors take on a lot and can be held accountable under Article 319 of the Criminal Code of the Russian Federation in case of insulting a government official.
If you have no money and nothing to pay
How to behave if your financial situation is so bad that you cannot promise to pay the debt as soon as possible, there is also no need to be nervous and make a fuss. Even in this situation, you have a chance to legally avoid deprivation of property.
To do this, you must submit a corresponding application to the court. And the court may postpone payment for some time or order an installment plan - collecting it in installments as a percentage of wages.
However, we must remember that this chance to avoid seizure of property was really the last. If you break your obligations again, prepare for the worst.
FSSP employees have the right to your residential address, not only yours, but also everyone who lives with you. Proving that, for example, a car or some other valuables belongs to other family members will have to be very well-reasoned, with the provision of all the necessary documents.
Of course, at any stage you can try to come up with something in different ways and the main thing is to always know how to behave with bailiffs in a given case.
Today, the work of bailiffs is very busy and they don’t even have time to go to the debtor, but if you really anger the bailiff, then of course you should expect him at home. You already know how to behave with bailiffs and I hope you will be able to defend your rights.
A lot of things in Russia are such that you have to live with loans and, of course, the market situation is constantly changing and you don’t know when you will lose your job and, accordingly, your income. Again, even without loans it’s difficult now, let’s say we can buy an apartment with a mortgage, but there are no other ways if the grandparents didn’t make a will.
If you have any questions, feel free to ask them in the comments or to a lawyer on the website or by calling toll-free.
The speed and completeness of resolving the issue of debt collection depends on the actions of the bailiff. Any creditor is interested in a speedy resolution of the current situation and receiving his money. The issue of collecting alimony is especially acute when the rights of the child are violated. What to do if bailiffs are inactive? Where to go to protect your rights and interests?
The inaction of the bailiff is a fairly serious charge that requires evidence. If you are faced with the negligence of this executive body, then you should consult a competent lawyer. A good specialist from a legal point of view will evaluate the actions of the bailiff and also study the materials of the actions.
If there is evidence, it will be necessary to write a complaint against the bailiff to a higher bailiff; write a complaint to the district court; contact the prosecutor's office. If your complaint is justified, the bailiff will be replaced for you and the resolution of your issue will be monitored.
Debt collection is always a difficult process, both from a legal and moral point of view. Quite often, for the debt collector, the issue of debt repayment is very acute and he does not know what to do if the bailiffs are inactive. You definitely shouldn’t wait and remain silent. Look for a good lawyer and analyze the actions of the bailiff.
The specialists of our law office are always ready to provide you with legal assistance in debt collection, as well as protecting your interests and rights. We know how important it is to quickly and competently resolve the situation and notice the inaction of the bailiffs in a timely manner.
Our experienced specialists will explain to you how to protect property from bailiffs, which bailiff service to submit a writ of execution to, whether it is possible to pay alimony through bailiffs, etc., and will also help you draw up all the necessary documentation.
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I took out a loan from the bank
I have the same problem Hello! can I get a consultation? I have such a case: the bank has a debt, I actually paid it off, but formally no, the bank has a debt because the bank’s accounts are blocked, I went to the bailiffs, they gave a decree that everything was paid, but again the bailiff did not give me a writ of execution from this bank. a certificate to the bank that I am clean before this bank. But the bailiff says until we pay the debt for housing and communal services, he won’t give us anything, although I’m the only main tenant registered there, my mother. Please tell me what to do
Mikhail 03/29/2019 13:47
Dubrovina Svetlana Borisovna 09.04.2019 06:31
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collection of money
4 years have already passed, there is a court decision and a writ of execution, but the court. The executors throw up their hands because they cannot find the debtor, I wrote a letter to the management of the private court. performers, but I still haven’t received a response, what should I do now? where can I contact?
Gulnara 03/28/2019 19:03
Dubrovina Svetlana Borisovna 08.04.2019 17:08
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Refund of money by court decision from the Law Firm for services not provided
What to do if bailiffs are inactive following a court decision to a legal company
Olga 03/19/2019 05:53
Hello! If the bailiff does not do his job conscientiously, file a complaint with the head of the bailiff department about the bailiff’s inaction.
Mironov Alexander Konstantinovich 19.03.2019 14:24
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Contact the bailiff.
Shafir Mikhail Semenovich 20.03.2019 14:21
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Housing problem
Hello! My mother and her sister inherited an apartment from their parents, according to the court, each has 1/2 of the apartment, her daughter and her aunt’s family live in the apartment. They themselves do not want to vacate part of the apartment. We contacted the bailiff and sent him to write an application to the court to the court ordered them to be ransomed or released. Right?
Olga 02/23/2019 08:12
Hello! The bailiff is right. First, you need to go to court and obtain a writ of execution on the basis of which the bailiff will act.
Pikalov Vladislav Sergeevich 23.02.2019 12:56
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Yes, the bailiffs acted in accordance with the law.
Saibotalov Vadim Vladimirovich 24.02.2019 13:27
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Inaction of the bailiff to enforce alimony
I am a citizen of Kazakhstan, there is a writ of execution for the collection of alimony from the Russian citizen, the father of my child, all the documents are with the bailiff in the Russian Federation. But child support is still not transferred to my account. How should I act in such a case? If we live in different states
Kozlovich Tatyana 11.02.2019 07:25
Hello! If the bailiff does not do his job conscientiously, write a complaint to the head of the bailiff department about the bailiff’s inaction. To do this, use mail or email.
11.02.2019 11:43
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This is true.
Pomyashchiy Alexey Nikolaevich 12.02.2019 13:16
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The bailiffs don't do anything
The second year has passed, but the bailiffs are not moving; there is a court decision; they cannot find the debtor and collect money from him, they say that he does not officially work anywhere and there is nothing to take from him.
Andrey 10.10.2018 18:05
Malov Dmitry Vladimirovich 10.10.2018 18:30
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I agree with my colleague.
Dubrovina Svetlana Borisovna 11.10.2018 09:00
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no response from the bailiffs
sent documents for the collection of alimony from the city of Spassk to the Odintsovo district, because the alimony holder was registered in the city of Zvenigorod. A notification was received that the bailiffs received the letter on June 26, 2018. but the bailiffs have not yet contacted me. I can't reach them by phone. What do I need to do to get a case opened?
Marina 06.10.2018 14:53
Hello! Regarding the inaction of the bailiff, you can write a complaint against the head of this department - the senior bailiff and send it by mail, if it is not possible to personally submit the complaint. We invite you to the office for a consultation, where our specialists will answer all your questions in more detail; please make an appointment in advance by calling the phone number listed on the website. For a 50 percent discount on a consultation - Promo code - “MIP”.
Predtechensky Andrey 06.10.2018 19:07
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I agree with my colleague.
Boguslavskaya Anna Vladimirovna 07.10.2018 09:14
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Bailiffs are inactive
Good afternoon, tell me where to go and what documents are needed if the bailiffs are inactive? We got divorced in 2013 and I filed for alimony. They awarded him 1/4 of the salary, since he was not working at that time, the bailiffs calculated him 1/4 of the average salary in our region. Since November 2014, he stopped paying child support and to this day pays nothing. The bailiffs don't do anything. In 2017, I deprived my ex-husband of parental rights and through the court they ordered me to collect the amount of debt from him and changed the amount of alimony. Now he must pay 1/4 of the salary but not less than the subsistence minimum, with subsequent indexation. I took the new writ of execution to the bailiffs as soon as I received it, but they lost it (it’s good that I made a copy for myself). I have already gone to the bailiffs many times, talked with the head of the bailiff service, nothing has changed. Where to go next? And what documents need to be collected?
Ekaterina 09.26.2018 11:26
Fedorova Lyubov Petrovna 26.09.2018 11:31
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I agree with my colleague.
Dubrovina Svetlana Borisovna 27.09.2018 07:00
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Inaction of the bailiff
On 05/17/18, a court ruling was issued for immediate execution of the decision dated 03/28/18 regarding communication with the child. IP opened 06/06/18. The mother is hiding and the bailiff is thinking with her at the same time! (what to do? The bailiff bypasses the administrative office at 5.35. She never went with us to the place where the child was handed over.. even at the request...(
Olga 07/26/2018 05:41
Fedorova Lyubov Petrovna 12.09.2018 11:08
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I agree with my colleague.
Dubrovina Svetlana Borisovna 13.09.2018 12:36
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My husband doesn’t pay alimony, the bailiff is inactive
Hello. FOR YEARS, THE EX-HUSBAND DOES NOT PAY CHILD SUPPORT, THE BAILIFF DOES NOT HELP, WHAT SHOULD I DO?
Ksenia 07/05/2018 14:57
Good afternoon WITH Vol. 12 118-FZ “On Bailiffs” assigns to executors the obligation to be responsible for the timely, correct and complete execution of enforcement documents. When the proceedings stand still due to the fault of the bailiff, the recipient has the right to file a complaint against him in court, the prosecutor's office or the higher authorities of the SSP. This possibility is provided by Chapter. 18 Terms and procedure for appealing decisions and actions (inaction) of officials of the bailiff service.
Dubrovina Svetlana Borisovna 19.08.2018 10:16
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Yes, indeed, if the bailiff is really inactive, file a complaint with the court
Zakharova Elena Alexandrovna 20.08.2018 11:20
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The bailiff does not remove the restriction from the car
Hello. I paid for the car fines to the senior bailiff in order to remove the car from the restriction. But almost 3 months have passed, they do not remove the car, finding some excuses. What can I do to get the car removed from the restriction soon?
Kurban 06.26.2018 08:56
Hello Kurban! Write a complaint to the senior bailiff about the inaction of his subordinates, and if necessary, lift the arrest in court.
Dubrovina Svetlana Borisovna 26.06.2018 11:37
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inaction of bailiffs
Hello. I should be paid my salary. for last year yet. There is a court decision dated May 5, 2017. but the bailiffs either don’t pick up the phone or don’t answer. then they say write to electronics and do not answer. They say that bailiffs are working, or they come up with something else. then they said that this organization no longer exists. I myself looked on the court’s website and there was a bankruptcy claim for this organization, but it was rejected. What should I do to get my money?
Lucia 02/27/2018 12:27
Hello Lucia! You need to apply to the court to appeal the actions/inaction of the bailiffs, in accordance with Art. 441 Code of Civil Procedure of the Russian Federation.
Dubrovina Svetlana Borisovna 02.03.2018 18:45
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Collection of alimony.
On September 15, 2017, I submitted an application and a writ of execution to the bailiff service for the collection of alimony. I was told that they would contact me within a month. There is still no response from the bailiffs. Casework has been initiated, at least on the official website of the judicial service it is displayed. But alimony is not calculated. It is not possible to contact the phone number that they gave me and which is on their website - the phone is constantly busy. What should I do?
Olga 01/16/2018 23:20
Hello Olga! Write a complaint to the senior bailiff about the inaction of his subordinates, as well as to the prosecutor’s office in a similar scenario. Also, if necessary, you can challenge the actions of the bailiffs in court, according to Art. 441 Code of Civil Procedure of the Russian Federation.
Dubrovina Svetlana Borisovna 17.01.2018 15:08
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File a complaint with the prosecutor's office, as a supervisory authority, about the inaction of bailiffs regarding your enforcement proceedings.
Zakharova Elena Alexandrovna 18.01.2018 14:30
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You will also find the following articles useful
- Do bailiffs have the right to withdraw money from pensions?
- Deadline for execution of a writ of execution by bailiffs
- What to do if bailiffs cannot find the debtor
- Request to the bailiff about the progress of enforcement proceedings
- Sample letter to bailiffs regarding a writ of execution
- How to write an application to bailiffs for the collection of alimony
- How to write a complaint to the prosecutor's office against bailiffs
- Do bailiffs have the right to open an apartment without the owner?
- Responsibility of the bailiff for inaction
- How much can bailiffs deduct from wages if there are children?
- When bailiffs have the right to describe property
- On what basis can bailiffs describe property?
- Sample application to the prosecutor's office regarding the inaction of bailiffs
- Sample application to the bailiff service for the collection of alimony
- To which bailiff service should the writ of execution be submitted?
- Can bailiffs describe parents' property for children's debts?
- Complaint to the prosecutor's office about the inaction of bailiffs regarding alimony
- How to remove a car from being seized by bailiffs
- How to prove to bailiffs that property does not belong to the debtor
- Bailiffs do not enforce court decisions, what to do
- Can bailiffs seize a credit account?
- Can bailiffs seize a salary card?
Often, winning a child support case is not the biggest problem for the plaintiff. The reason lies in the peculiarities of the work of bailiffs, who are assigned to execute a court order (writ of execution). At this stage the question arises: “How to make the bailiff work?”
How it all happens
The court order is issued within 5 days from the date of filing the application and comes into force from the date of issue.
The debtor is given 10 days to appeal the order (writ of execution). If no objections are received, the order comes into force. The applicant - the alimony collector - has the right to petition the magistrate to send the court order directly to the bailiff service for execution, without receiving it in person. This opportunity is provided in order to speed up the procedure for collecting alimony. This is where the problem arises.
We offer step-by-step instructions based solely on current legislation and legal mechanisms of influence on negligent officials, after which you will know what to do if the bailiffs are inactive.
Deadlines for execution
The activities of bailiffs are regulated by the Federal Law on Enforcement Proceedings dated October 2, 2007 No. 229-FZ. Therefore, the main normative act that will need to be appealed is precisely the provisions of the said law.
Part 12 art. 30 of the Federal Law provides that after receiving a court order (writ of execution), the bailiff must notify the debtor about this and give him a period (5 days) for voluntary execution of the court decision.
Part 12 Art. 30 Federal Law 229
In practice, this means that the debtor (alimony recipient) is obliged to notify the accounting department at the place of work that a decision has been made against him to collect alimony, and to submit a court order (writ of execution) to the chief accountant.
If he does not have this document in hand, he must inform the bailiff of the exact postal address of the place of work with the name of the enterprise, so that the order is sent to the accounting department by mail. This ends voluntary compliance for a working alimony debtor.
The situation is more complicated with debtors who do not have a permanent place of work, do not work anywhere, or are individual entrepreneurs who maintain their own accounting records. In this case, voluntary execution will consist of regularly transferring the amount specified in the order to the recipient’s account and submitting reports to the tax authorities on the transfer of deductions under the writ of execution.
The next deadline is the time given for enforcement of the decision. In accordance with Part 1 of Art. 36 Federal Law No. 229, this period is 2 months. Thus, the entire period of time allotted for the execution of the court decision on working with the debtor is 2 months 5 days. This does not mean that you should passively wait all this time for funds to start flowing to you. It is necessary to start acting within 2 weeks if the bailiffs are inactive regarding alimony.
Part 1 art. 36 Federal Law 229
Algorithm of actions
First step, as they usually force bailiffs to work on a writ of execution, call the bailiff service (FSSP) to find out who is processing your court order (writ of execution). It is sent to a specific contractor for execution 3 days after registration. It is necessary to write down and remember your full name. and a special title of an official, since in the future you will have to intensify his actions.
Second step- call again to agree on a time at which it is convenient for you to visit the bailiff in order to familiarize yourself with the results of his work on the implementation of alimony collection.
Third step- direct conversation. But a conversation is not a conversation about anything, but purposeful, law-based actions to which you have the right. During the conversation, in a polite manner, ask the executor to give you a copy of the resolution to initiate enforcement proceedings and requests printed on paper:
- At the debtor’s place of work;
- To banks;
- To the tax authorities;
- To Rosreestr;
- At the traffic police;
- In GIMS;
- To other institutions that can confirm that the debtor has property and assets that can be sold to collect alimony or pay off the resulting debt.
The reference to the fact that the requests are only available in electronic form on the hard drive of the work computer, and there is nowhere to print them, is immediately appealed to the senior bailiff. With this simple, and most importantly, legal requirement, you encourage the bailiff not to remain idle and not to delay sending requests for 2 months.
Fourth step, how to make it work - a repeat face-to-face meeting with the bailiff. By the end of the two-month period, if alimony has not begun to arrive in your account, again arrange a meeting by phone during office hours. This time, the conversation with the official about the reasons for inaction should be based on the following plan.
- Submit an application (prepared in advance) for familiarization with the materials of the enforcement proceedings. Request its registration in the records management department.
- In the application, request that the file be provided printed on paper. Apply for familiarization without a time limit.
- During the familiarization, make extracts (it is better to take photographs of all documents) about the dates and addresses to which the requests were sent, about the call and the result of working with the debtor, about the deadline for issuing the order to put the person on the wanted list, if the bailiff was unable to independently establish the location of the debtor.
- All extracts and photographs documenting the work can later be used in a complaint about the inaction of an official.
Appeal against the bailiff's inaction
Another option for obtaining alimony if the bailiffs are inactive is to appeal against his actions, or rather inactions.
Traditionally, there are three authorities where you should complain:
- Apply at the appropriate level - to the senior bailiff;
- To the prosecutor's office;
- To court.
Complaining about employee inaction to the immediate supervisor is ineffective. The senior bailiff receives dozens of such complaints every day. To answer them, there are templates that are designed to reassure claimants and delay time. They usually contain excerpts from the aforementioned Federal Law No. 229, an indication of deadlines and excerpts from job descriptions.
You can achieve the collection of alimony after the expiration of a two-month period, if the official is inactive, by filing a complaint with the prosecutor's office. The complaint must state the reasons why you believe that the bailiff is not fulfilling his duties to collect. Attach photographs of the enforcement proceedings materials that you took when reviewing them.
It is more effective to appeal the actions of an official in court. To do this, file a complaint (it is recommended that it be a complaint, not a statement of claim) against the actions of an official of an executive authority to the court (district/city) at the location of the bailiff service. A complaint to the court is paid with a state fee of 300 rubles. The period for consideration of the complaint is 10 days.
These deadlines are almost never met by the courts. Excuse - sending a request to a government agency to obtain case materials. The court generously takes two weeks for this, even if the bailiffs are within walking distance of the court. However, judicial practice shows that in most cases the court takes the side of the creditor.
After a court decision on a complaint is made, work usually accelerates. Previously unsent requests are urgently sent out, a search order is issued, and measures are taken to seize the debtor’s property. In other words, I remember a 30-page document that sets out in detail the algorithm of actions of an ordinary bailiff for executing a court decision and working with debtors.
In this article, you learned how to get the required alimony if the bailiff is inactive, and where to turn first.
Conclusion
You should not rely on the fact that the official, on his own initiative, will develop vigorous activity to collect alimony. His actions within the specified time limits, at best, come down to sending requests. If, with the execution of a collection in a general civil claim, the result of their work ends with the following replies: “the location of the debtor has not been established”, “no property has been identified”, then in the case of the collection of alimony, the bailiff does not have the right to limit himself to this.
Every person interested in collecting alimony has the right and obligation to monitor the work of the bailiff in enforcement proceedings that directly concern him, and to take measures for this purpose provided for by law.
Warning
It is worth mentioning the “commercial” way to collect alimony debt - to entrust work with it to a “specialist” of a law firm offering services for interaction with the IFI. In practice, no one will compensate you for the money you pay for such a service.
This is nothing more than a hidden form of corruption. A government official is obliged to perform his functions by virtue of his official powers. Hiring an employee to control and speed up the work of the bailiff is more expensive. As a result, the “specialist” you hire will simply share the fee he receives with the government employee for doing his job.
Selection of a loan by parameters
The bailiffs have come to you. What to do? We will answer this and many other questions in this article...
The Federal Bailiff Service is an organization that monitors the implementation of enforcement proceedings on court decisions.
Bailiffs are called upon to forcibly collect from a debtor who has committed a fine for one reason or another the debt or part of it in favor of the collector.
They also have every right to restrict travel abroad, describe property, and seize accounts in any bank until the debt is paid in full.
You can find out whether you have debts to bailiffs on the FSSP website in the appropriate section.
Bailiffs should not be confused with. These are completely different structures. The activities of collectors are aimed at getting the debt out of you by any means, and sometimes with unreasonable fines and interest.
Where does it all begin?
- 1. You have not repaid the debt to the credit institution or do not agree with the penalties and fines accrued to you.
3. If the claims of the credit organization are found to be justified, then a court decision is made and a writ of execution comes into force.
4. Your creditor receives this sheet and presents it to the FSSP. Within three days they must consider it and make a decision to initiate proceedings.
5. A writ of execution may be presented within three years from the date of entry into force of the judicial act.
6. The debtor is sent copies of the court ruling, which also stipulates the period during which he can fulfill his obligations voluntarily.
If this does not happen, then bailiffs will come to you within two months. They have the right to do this without warning!
How to find out what your debts are?
We go to the official website of the FSSP and find a data bank of enforcement proceedings.
Enter the required data in the appropriate form.
It is not uncommon that, having learned about your problems with debts, scammers may try to take advantage of the situation. By posing as a bailiff, you can easily confiscate half of the apartment.
Don't run into scammers
How to behave?
- no matter how much you want to isolate yourself from everything, you do not have the right not to let bailiffs into your house. If you resist, they can simply take out the door for you, and it’s completely legal. The exception is the period from 22.00 to 6.00 am.
- try to come to an agreement. Bailiffs are by no means animals and are quite willing to compromise in the form of deferred payments.
You should know that according to clause 1. Art. 203 of the Code of Civil Procedure of the Russian Federation, you yourself can submit an application to the court with a request for a deferment or installment payment.
What do bailiffs not have the right to describe?
- 1. First of all, you definitely cannot be deprived of your main home, IF it is the only one in your property.
2. Everyday items necessary for normal human life: clothing, dishes, etc. Mobile phone is NOT included in this list.
3. Property necessary for work, with the help of which you carry out your professional activities. For example, an easel and paints, if you are an artist.
4. What does not belong to you as a debtor, but, for example, to your parents or other family members. This can be proven using sales contracts, cash receipts or sales receipts.
You can find a complete list of property that is not subject to description in Article 446 of the Civil Procedure Code of the Russian Federation.
