Debt is bad, it drags down your personal micro-economy. As the saying goes, “debt in payment is red”, and, in the case of debts to banks, alimony, and some other types of debts, bailiffs will sooner or later begin the process of collecting this debt. Think you don't owe anything? Check it out!

Official website of bailiffs of the Russian Federation (FSSP RF) allows you to carry out all the necessary checks online. The database of bailiffs allows you to check the debt by TIN and / or last name for individuals and legal entities. Consider how you can find out about debts to the Federal Bailiff Service of the Russian Federation using the database of enforcement proceedings.

Check legal debt by last name - quick check for individuals and legal entities

In accordance with the Federal Law of the Russian Federation dated July 27, 2006 No. 149-FZ "On Information, Information Technologies and Information Protection", any Internet user can use the online service of the Federal Bailiff Service for free to check their own or someone else's debt.

And in order to check the debt through the database of judicial enforcement proceedings of the Federal Bailiff Service of the Russian Federation, it is enough to perform a few simple steps:

1. Click on the form (the official website of the FSSP RF will open in the model window):

2. Select the type of person whose debt is being checked. If verification is needed for an individual, then select "Search for individuals", if legal - "Search for legal entities". If you know the number of enforcement proceedings, then select "Search by IP number" (to search, enter the enforcement proceedings number in the format n..n/yy/dd/rr or n..n/yy/ddddd-IP).

Let's consider in more detail.

Checking and paying debts to the FSSP from individuals

We mark "Search for individuals", then in the field "Territorial authorities: *" select the area of ​​registration of an individual. If an individual lives in the Sverdlovsk region, select "Sverdlovsk region", if in Moscow - "Moscow region".

All enforcement proceedings initiated by a person with the specified last name and first name in the selected region will be found. If nothing is found, then you will see this nice message:

If productions are found, then you will see something like this:

You can pay off debts to bailiffs here:

The column "Service" presents 6 options for paying the debt through the electronic payment systems OPLATAGOSERVICE.RU, Promsvyazbank, ROBOKASSA, QIWI, WebMoney, Yandex.Money, and you can also print a receipt with a barcode for payment through the bank. The payment system OPLATAGOSERVICE.RU allows you to pay the debt from your mobile phone account.

Verification and payment of debts to the FSSP for legal entities occurs similarly to individuals. Except for the fact that you need to enter "Name of the debtor enterprise: *", "Address of the debtor enterprise:" instead of the Surname and Name.

Database of bailiffs to check the debt - other ways

You can also get information about the presence / absence of debt from mobile devices using the following portable operating systems: Android, iOS and Windows Phone. The application is easy to find and install on the appropriate systems from the Windows app stores on Windows Phone, from Google Play on Android, from the App Store on iOS by typing “fssp” in the search.

Using the application, you can perform a debt check or subscribe to a periodic check - this way you will always have up-to-date data on possible debts in the FSSP of the Russian Federation:

Users of the VKontakte and Odnoklassniki social networks have the opportunity to obtain information about the presence/absence of debts through the special application Data Bank of Enforcement Proceedings, where it is also possible to subscribe to notifications.

Good afternoon, dear reader.

As you know, not all motorists pay fines and transport tax on time. And many people have questions, what will happen if you do not pay the fine for a long time? Will this result in a new fine or other penalties?

Today we will talk about the bailiff service and about existing methods of dealing with debtors.

How long does it take for the fine to be handed over to the bailiffs?

On the next page, enter the verification code and then you will receive all the information on your debt. If there are no debts, then this will also be written.

How to pay a debt to bailiffs?

Paying the debt to bailiffs is also a simple procedure. You can take the details and the amount of debt in the bailiff service and pay off the debt at the nearest bank.

You can also pay your debt through the Internet. If you have displayed unpaid fines in the previous paragraph, then you probably noticed that next to each fine there is a Pay button.

There are a lot of payment methods. This is payment by card, Webmoney, Qiwi, from a mobile phone account. Please note that a transaction fee may be charged. In addition, the service allows you to generate a receipt for payment. It can be printed and paid at the bank.

Be careful when paying debts online. Check all your data, otherwise you can pay the debts of your namesake.

How do bailiffs collect debts?

The measures that a bailiff can take are described in the Federal Law "". There are a lot of these measures, so I will list only a few that cause the greatest interest of debtors.

First of all, the FSSP employee offers to voluntarily pay off the debt within 5 days. If the driver meets the specified time, he will not have to pay the performance fee:

Also, the bailiff can collect a fine from the debtor's salary. If you work officially, then it will not be difficult for bailiffs to find you and collect a debt through a bank or superiors. Also, bailiffs can recover a person’s property, money and securities. In particular, the bailiff can evict a person from a residential area. But, of course, these are already extreme measures, the amount of debt and the period of non-payment in this case reach large values.

During the holiday season, many debtors think about whether they can be banned from traveling abroad because of debts. In fact, bailiffs can do just that.

Restriction on travel abroad

The bailiff has the right to use such a measure of punishment as restriction of the debtor to travel abroad. In fact, this is a very effective measure. Agree, a person will not be very pleased if he is deployed at customs and the paid tour is lost. In this case, the travel agency will not return the money for the ticket, because the trip was canceled due to the fault of the tourist.

Previously, the law did not say anything about the amount of the fine, after which the bailiff may impose a restriction on non-departure. And there were cases when people were not released because of a minimum fine of one hundred or three hundred rubles. A person might not even be aware that he was behind non-payment. And he learned this unpleasant news only at the airport, realizing that you can say goodbye to vacation.

Now the situation has improved. According to paragraph 1 of Article 67 of the Law "On Enforcement Proceedings":

Article 67

1. If a debtor-citizen or a debtor who is an individual entrepreneur fails to fulfill, within the period established for voluntary execution, without good reason, the requirements contained in the executive document, the amount of debt for which exceeds ten thousand rubles, or a non-property executive document issued on the basis of a judicial act or being a judicial act, the bailiff has the right, at the request of the recoverer or on his own initiative, to issue a decision on a temporary restriction on the debtor's departure from the Russian Federation.

Those. You may not be allowed to go abroad only if the amount of debt exceeds 10,000 rubles. If your fines are less in total, then you can safely go on vacation.

Now another important question. How long after payment bailiffs lift the ban on traveling abroad? In fact, you need to take care of your debts at least a month before the trip. Approximately this period is required for the lifting of restrictions.

To be sure, after payment, it is better to visit the bailiff and show him the payment receipts. The bailiff needs time to lift the travel restriction. This is not the fastest procedure. But a month should be enough. Perhaps in the future, terminals will appear at airports through which it will be possible to pay debts and immediately go on vacation. So far, no such devices have been seen.

Suspension of driving license

In addition to restricting travel abroad, bailiffs from January 15, 2016 can also. This penalty is imposed only if there is a debt exceeding 10,000 rubles. At the same time, the ban on driving vehicles is valid until the driver repays the debt to the bailiffs.

Now you know how to check your debts with bailiffs and how to pay them. I advise you to pay your fines on time and not bring the case to exacting measures on the part of the bailiffs. Then you will save your savings, and nothing will threaten your vacation.

Good luck on the roads!

Read all comments

If I understood correctly, the apartment is in common shared ownership and the rent was charged to the owners in proportion to their shares?

If you did not actually live in the apartment, then you must provide the management company with confirmation of this fact - for example, a certificate that you were registered at a different address at that time. In this case, you must return for utility resources (water, gas, electricity),

for everything else (heat, maintenance, repairs) you have to pay.

Alas, such is the bitter fate of the owner. Sell ​​your share and you don't have to pay anything.

It is better to check the details and subtleties with a housing law lawyer, but it is very confusing.

There are some time limits. I'm afraid to make a mistake, but they seem to return in half a year.

Svetlana:

1. In this case, you should contact the bailiffs to whom the money was transferred. They must refund the payment.

2. Bailiffs may withhold debts from pensions, but not more than half of the pension. They should not withdraw money for the current debt, because he is redeemed. They can withdraw money for future debts for the same apartment. You can sell or donate the specified part of the apartment, then future debts will not be related to you.

Good luck on the roads!

Hello,

I owe 100 thousand for the transport tax, but there is nothing on the site of the bailiffs. Will they let me out of the country? Thank you!

Irina, hello.

It is better to call the bailiffs and find out if there are any restrictions imposed on you.

Good luck on the roads!

Kristina3333333

Hello! On the portal "Gosuslugi" I received a notice of a judicial debt. The bailiff is located in the Altai Territory, Barnaul, but I am registered at the place of residence in the Perm Territory, the birthplace of the Bashkir Autonomous Soviet Socialist Republic. I have never been to the Altai Territory. I have never had and never have any debts. As I understand it, the problem here is that there is a complete match of the full name and date of birth. How do I know if this notice was sent to me by mistake or if I really have a legal debt?

Christina, hello.

In this case, you need to contact the bailiffs involved in this case. The easiest thing to do would be to call.

Most likely there is a mistake, but the bailiffs need to report it. Otherwise, they can "get" to your accounts, cards, etc.

Good luck on the roads!

Shayirgul

Moscow, m.Konkovo

Hello! I paid off the loan and after 3 days they called from the bank and said that the money had not arrived. I went to the bank to find out where the money went. They said I can't pay the loan until I pay the fine. Printed out an act of recovery for unpaid fines. At the moment, I have in my hands the IP number and the amount that was detained for debts. Please tell me what should I do now? Where should I go? I checked with the bailiffs hanging this fine. If I pay, which delayed money will be returned to pay off the loan or not? Thank you in advance!

Shayirgul, hello.

Why did the bailiffs get the fine? And what is it for?

Shayirgul

Maxim Good afternoon!

"Act on the case of an administrative offense from the State Treasury Institution of Moscow Administrator of the Moscow parking space." This is the paper they printed for me. I have a car that I rent. The driver did not pay the fine on time and did not warn me that there was a large amount of the fine (8500r). Yesterday I paid all the fines except for 2499 and 2500 which hangs with the bailiffs. Since this is hanging with the bailiffs and detained for debt, I cannot decide this, or rather, how to pay and close the arrest. Thanks to!

Shayirgul, in this case, first of all, it is necessary to resolve the issue with the bailiffs.

If possible, visit the bailiff unit in person and pay the fines from them. After that, immediately ask to remove the arrest from the account associated with the loan. This will speed up the process.

Good luck on the roads!

Shayirgul

Maxim, thank you!!!

What address can I contact? I live in the Konkovo ​​metro station in Moscow.

How will the result be written in the comments.

In this case, you need to find out which bailiff is handling your case. To do this, enter your data on the site of bailiffs and click the "Find" button. After that, a sign will appear on the screen, in the last column of which the bailiff dealing with your case will be indicated. His phone number will also be listed there. You need to call the specified phone number and either find out the coordinates of the site, or resolve the issue directly by phone.

Good luck on the roads!

Shayirgul

I found the coordinates and could not get through I'll try again

Vasily-66

Good afternoon! I missed the deadline for paying the fine, overdue by almost 90 days. During this time, as I understand it, the fine went to the bailiffs, of course, I found out late about this. I paid on the Internet, like the check came and everything is OK, and it even reached the bailiffs. BUT only now I realized, what document is important for the bailiffs? Payment or receipt?

Vasiliy, hello.

What exactly do you want to achieve from bailiffs?

Andrey-341

Hello! Can debts in enforcement proceedings cause a denial of employment under a contract?

Andrei, hello.

Federal Law "On military duty and military service", article 33:

A military service contract cannot be concluded with citizens who have been convicted and sentenced, who are under investigation or preliminary investigation or whose criminal case has been brought to court, with citizens who have an unexpunged or outstanding conviction for the commission of a crime, serving a sentence of imprisonment, as well as with citizens subjected to administrative punishment for the consumption of narcotic drugs or psychotropic substances without a doctor's prescription or new potentially dangerous psychoactive substances, until the expiration of the period during which the person is considered subjected to administrative punishment. A contract cannot be concluded with citizens who have been deprived for a certain period of time by a court decision that has entered into legal force of the right to occupy military positions during the specified period.

Debts are not discussed in this law, so they should not be the reason for refusal.

Good luck on the roads!

maxim-149

I can’t find myself in the database of enforcement proceedings regarding alimony debt

Hello

Due to a tax mistake, I have grown a large debt

For a whole year we proved to the tax authorities that we had no debts, and the bailiffs' claim grew and grew

My car was arrested, my pension was deducted by 50% and I live on 4000 rubles a month, I can’t even get a job

In the end, the tax authorities agreed to withdraw the claim, although 7 days have passed and the claim is still hanging

Well, I hope the claim will be withdrawn, but who will return my pension?

hello.

why did the fine received in the Nizhny Novgorod region go to the bailiffs in the Odintsovo district, although I am registered and live in Lyubertsy?

to go with a child to the Odintsovo district, to find out why money was debited from my account without the slightest warning (I did not receive any letters about enforcement proceedings, therefore I could not take any measures) for a fine paid a few months ago, I do not have the opportunity. and it is absolutely impossible to get through to that department, their phones simply do not answer ..

Dmitry-354

Hello Dear Lawyers! Please tell me what to do?

Situation: A fine was imposed in November 2016 by the traffic police in the amount of 30,000 rubles. paid ON TIME, but the court did not take the receipt right away. bailiff. In December 2017, the court the bailiff put Orestes on the card, after I went to the bailiff I gave the receipt, Orestes was removed. In February 2018, I received a salary (pay slip) in which 23,000 rubles were withheld from me for the same fine. How to return money? And stop the proceedings against me by the Bailiff? Thanks in advance.

Love, hello.

In this case, you need to contact the bailiffs for the return of illegally seized funds.

Good luck on the roads!

Dmitry, hello.

In this case, you need to contact the bailiff who deals with the specified case. First, he must terminate the proceedings. Secondly, he will tell you where to write an application for a refund.

Good luck on the roads!

Konstantin-75

Hello. I can’t understand how there are only 3 fines left, two for 2015 and one for 2016 ... the bailiffs have nothing on me. Well, there are no restrictions on leaving the Russian Federation. Where did everything go? So I can safely take a ticket abroad?

Konstantin, hello.

As I understand it, you have previously violated the rules and did not pay fines for these violations. Now the fines are gone. It is quite possible that fines "are found" also unexpectedly. Immediately after this, a travel restriction may be imposed. Whether this will happen or not, I don't know.

Good luck on the roads!

valentine

I recently checked my fines on the traffic police website and found that I have a tax debt for 2016 in the amount of 4 thousand, for which I did not know. (I did not receive any notifications) And then I found out that there is a statute of limitations for traffic police fines 2 years. It's been over 2 years now. Now I can not pay a fine?

valentine, tax arrears or fines?

If on fines, then name the exact dates of the issuance of decisions.

Anastasia-71

Hello! There is property tax debt. If you pay it off, will the bailiffs' debt also disappear, or are these two different cases?

Bailiffs owe twice the tax

Anastasia, hello.

If we are talking about the same tax for the same period, then you need to pay it only 1 time. Why different amounts are indicated in different places I do not know. Contact your tax office for advice on this.

Good luck on the roads!

Hello. According to the new law, which was signed by VV Putin in September 2017, they are released abroad if the debt is not more than 30 thousand, and not 10 thousand rubles as before? When applying for a foreign passport, a debt of 15,000 rubles can affect its issuance and refusal to issue it?

2. The presence of debts does not affect the issuance of a passport.

Good luck on the roads!

What is the statute of limitations for administrative fines for ticketless travel in public transport in Moscow? And on the basis of what acts the term is exactly this?

Irina, hello.

The limitation period under the Administrative Code of Moscow is 2 years, it coincides with the limitation period under the Administrative Code of the Russian Federation. This is stated in article 16.4 of the Administrative Code of Moscow.

Good luck on the roads!

To find out about your debt obligations related to:

• mortgage lending;
• non-repayment of a consumer loan;
• non-payment of alimony.

You should go to the website of the Federal Bailiff Service (FSSP) and write your full name in the search column. Thus, you will be included in the register of persons on whom enforcement proceedings have been initiated (hereinafter referred to as IP).

ATTENTION!!!

For residents MOSCOW available FREE consultations in office rendered by professional lawyers on the basis of Federal Law No. 324 "On Free Legal Aid in the Russian Federation".

Don't wait - make an appointment or ask a question online.

The legislative framework

The article establishes a unified register of debts for enforcement proceedings of the accessible part on the site. This document, according to the above law, does not consider claims against judicial acts that are not subject to placement in the media under article: 6.1 clause 3.

The information states:

• debtor's initials;
• year of the decision, and what kind of legal proceedings;
• number of the writ of execution;
• debt amount.

The database of debtor registers is regulated by:

• Federal Law: No. 34 dated 03/12/2014;
• No. 389 dated 03.12.2011;
• normative acts;
• solutions.

Initiation of enforcement proceedings

The final stage of the civil process is enforcement proceedings and the entry of the debtor into the register. According to Federal Law No. 229, the norms and applicable specifics are fixed, which are characterized for some judicial acts and resolutions according to the above law.

The production consists of several stages, and it is initiated by bailiffs:

1. Accepted for execution executive document.
2. They make decisions to initiate proceedings (if the writ of execution is received for the first time, with a fixed period for the voluntary fulfillment of all the conditions contained).
3. With notification of the debtor on the date of voluntary repayment.
4. Violation threatens: fees and expenses for the payer.
5. Copies of documents on the initiation of IP are sent to: the court, the debtor, the creditor.
6. Enter information in the general register.

Upon delivery of the decision, the debtor begins to voluntarily execute it within the specified period. Upon receipt of an application from the creditor in person or through the post office, the bailiff initiates a case within three days. A copy of its initiation under the articles of the Federal Law "On Enforcement Proceedings" is created no later than the next day, after the day the decision is made.

The law today does not define the term of the executive document. The legislature is based on where a list of documents that are to initiate proceedings is given.

Executive documents include:

• execution sheets (issued by courts);
• orders from the court;
• agreements certified by a notary on the payment of alimony;
• decision of the commission on labor disputes on (certificate);
• various decisions on administrative offenses;
• collection of funds;
• decision made personally by the bailiffs.

This is not a complete list of documents. Some information is displayed in the electronic register and anyone can see it.

The Federal Law "On Enforcement Proceedings" contains clauses for refusing to initiate:

• there is no statement of the claimant;
• the document was presented with the absence of a place of action;
• expired by the court;
• does not comply with the Federal Law "On Enforcement Proceedings".

In case of refusal to proceed, the documents are sent to the recoverer on the next day after the decision. The refusal is appealed when filing a petition with the Arbitration Court within 10 days.

Important! Information about a person in case of refusal should be hidden from the general database (register) of non-payers.

The register of debtors is an electronic database with information about all persons involved in enforcement proceedings. This registry allows anyone to check for debt.

This list includes people who do not pay their bills on time. Non-payers enter the register: for taxes, alimony, delays in various payments. Debt default is the most common problem in our society.

This may be due to many reasons:

• economic;
• low legal culture and others.

In any case, the list of the register of debtors is growing, both individuals and legal entities. IP debtors include measures aimed at the execution of a court decision with the help of bailiffs.

When a court decision is made, the debtor is obliged to repay the debt within 5 days. The creditor has every right, on the basis of a court decision, to submit a writ of execution to the FSSP, after this stage proceedings are initiated and the person enters the collection register.

The status of enforcement proceedings has some nuances:

There are several types of debtors, it all depends on:

1. Intention to repay debt. The intention is different for everyone, there are times when a person is not going to repay the debt, then you should go to court, or the FSSP, or sell the debt to professionals. In this case, the citizen will be included in the register of collectors and all legal rights will be assigned to the agencies.
2. From legal and financial literacy. If the debtor has an understanding of finance and jurisprudence, he is looking for a way to reduce the existing debt.
3. financial opportunities. The debtor has no money, the responsibility for non-payment lies entirely with the lender. He must conduct a financial analysis.

Many debtors make contact and try to pay off the debt. Nobody wants problems with the law.

According to Order N 248 of May 12, 2012 “On Approving the Procedure for Creating and Maintaining a Data Bank in Enforcement Proceedings” of the Federal Bailiff Service, the following are clearly regulated and spelled out: the goal, task, for keeping records and storing documents in electronic form (in the register).

The main principles are indicated:

• documentary information;
• structures;
• storage;
• protection of information and many other issues related to entry into the registry.

Getting information from the registry

In a special data bank posted on the official website (http://fssprus.ru/iss/ip/) of the FSSP, in accordance with Law No. 229 of 02.10.2007 freely available to legal entities and civilians on a free basis (Federal Law No. 149 of 27.07 .2006, art.7-8) publishes a list of publicly available information to be posted, provided for (Federal Law No. 248 of May 12, 2012, p.7.1.) The following information:

Fresh information about non-payers is entered into the register every day from the moment of receipt during the day of clause 3.2 of Procedure No. 248.

Getting information from the registry

To get information you need:

1. Visit the website of the Federal Bailiff Service of the Russian Federation, select "Data Bank of Enforcement Proceedings".
2. Fill out the search form.
3. We select the necessary section for a legal entity or an individual.
4. We select the territory of residence of the debtor indicating: last name, first name, patronymic.
5. We press "search".
6. Enter the code and send.
7. Information appears with the columns of the table, if there is no enforcement proceeding, she writes: “on request, nothing was found.”

To search for individuals in the data bank, we find a subsection on individuals. In the tabular data, in the section "territorial authorities" we indicate the place of residence of the debtor, the location of his property, or the address.

Sometimes proceedings are transferred to other divisions of bailiffs on the basis of Federal Law No. 229 dated 02.10.2007 (On Enforcement Proceedings), in which case the section “territorial authorities” should indicate: the department for the correction of especially important IP.

If the last name matches, fill in the data: date, month, and year of birth. With the available information about the IP number, you can check the information in the section “by the number of enforcement proceedings”.

Search for legal entities in the register of non-payers

Produce similarly with the above search for individuals. Find out the debt and check the information.

Consequences of entering the debtor into the register.

Nothing good awaits people who are on the register of debtors. You can find out the debt on the FSSP website.

They will not be allowed:

• make loans;
• bank loans;
• travel abroad;
• use the funds of their accounts and cards.

May arrest or confiscate property, in the absence of funds.

Prohibition to travel abroad for persons listed in the register

The border service is responsible for the access control. At the checkpoints there are lists of persons who do not have the right to cross the border for certain conditions. Federal Law No. 114 “On the Procedure for Departure from Russia and Departure from the Russian Federation” provides for rules preventing people from leaving abroad.

One of the points of the rules states: closing by bailiffs of the debtor's departure with non-payment:

1. Debt on a court order not exceeding 10 thousand rubles.
2. With a delay in payment of compensation for harm to health.
3. Property damage.
4. Moral damage.
5. Failure to pay mandatory taxes, fines, fees.
6. Delays in bank loans.

Persons are included in the list of debtors in the presence of the following circumstances:

1. There are travel restrictions due to confirmed legal debt.
2. The debtor has not repaid the debt.
3. There is no court ruling: on deferred payment or installment payment.

Bailiffs are required to notify the debtor of the temporary restriction on travel abroad, however, this is not always the case.

The decision is not published on the fssprus.ru website, but you know about the accumulated debt, you should check whether enforcement proceedings have been initiated on debts. If it is started, the information will be transferred to the border guard.

The bailiffs will lift the travel ban upon paying off the debt within ten days. It will not be possible to speed up the process, there are exceptions for medical reasons with the provision of a health certificate to the FSSP.

Prohibition on registration actions for citizens listed in the register

The ban on registration actions is carried out by bailiffs, they are authorized to perform registration actions with any property. A lot of car owners cannot register them with the MREU traffic police because of the debts of the previous owners. If the owner has debts, the bailiffs issue orders to prohibit registration actions.

The debtor does not have the right to sell the car until the debt is paid in full. Debts are different: for loans, taxes, fines, alimony. In order to return the debt, the bailiffs must seize the property and the car, but so that the cars do not go to other owners, they make a ban on their registration.

Sometimes they conclude sales contracts without registration and the new owners cannot find out about someone else's debt problem. In such a situation, you should terminate the sale and purchase agreement, or check the previous owners on the FSSP online website before buying.

Important! Before buying a car, look at the information about the owner on the FSSP website. Enter the owner's data in the register of non-payers. If there is no information, then you can make a deal.

Arrest of accounts and property of citizens included in the register of non-payers

If the debt is not returned, guided by the norms of the law on enforcement proceedings, article , bailiffs in the presence of attesting witnesses Art. , of the above law, they make a seizure and draw up an act on the seizure of property.

According to the Federal Law No. 205 of July 19, 2009, which indicates the relevant columns of the seized and arrested property.

This property is transferred to certain persons for protection and storage. A copy of the decision on the seizure is sent by the bailiff to: banks, credit organizations, debtors, in general, to all interested parties the next day, when the property is seized, the act is sent immediately.

The arrest for financial resources is sent by the bailiff to a certain bank for the debtor's funds.

Conclusion

To date, the register of debtors exists. After receiving the information, if necessary, you should contact the bailiffs to resolve pressing issues of debt.

If you have any questions about the topic of the article, ask them in the comments or the duty lawyer of the site. Also call the numbers listed. We will definitely answer and help.

Categories

• is the Federal Bailiff Service (FSSP). Activities regulated by presidential decrees, acts of the Government of the Russian Federation, the Ministry of Justice, judicial authorities and Federal laws. CONTENT OF THE ARTICLE: Basic provisions Initiation of enforcement proceedings Enforcement measures Restriction on departure Inventory and seizure of property Restriction on registration actions Income , which cannot be levied Completion or suspension of proceedings Payment of debt Frequent causes of debt Conclusion In particular, Federal Law 229, which entered into force on October 2, 2007, regulates: the conditions for initiating proceedings (a set of measures aimed at forcing the defendant to comply with the requirement of the law ; types of documents giving the right to an official of the SSP to carry out coercive actions and measures; formalization requirements; terms for presentation; reasons for suspending or completing enforcement actions; rights and obligations of the hundred ron, officials of the SSP; collection process (seizure of property, seizure, sale, freezing of accounts, withholding from income; rules for notifying the parties about the beginning and progress of enforcement proceedings; appointment and amount of the fee for the defendant’s evasion from the execution of the decision; terms, procedure for filing, form of complaint against the actions of the bailiff Basic provisions The main provisions of Federal Law 229 are indicated in chapter 1. Article 5 of the law defines the SSP as the body entrusted with the enforcement of court decisions, acts of state structures. on the principles (Article 4: humanity (respect for the personality of a person; reasonableness (the debtor cannot be deprived of the latter); timely execution of executive actions; compliance with the law. According to Article 6, the requirements of the bailiff are subject to mandatory execution by all citizens of the Russian Federation and local self-government bodies. Otherwise, violators could ut be held accountable. Officials will be entitled to apply coercive measures, the list of which is specified in chapter 7 of Federal Law 229. The law obliges the FSSP to create and maintain a data bank (6. 1 of the Federal Law. Information about open proceedings (date, number, claimant, debtor, claim, amount, should be publicly available.Currently, the information is publicly available on the official website of the SSP.Initiation of enforcement proceedings To start the mechanism of enforcement proceedings, the recoverer should apply to the SSP at the location of the defendant or his property, write an application, attach an executive document (30 FZ. An executive document is an official paper on the basis of which the bailiff has the right to begin the implementation of compulsory measures. Chapter 2 defines the rules for registration, types of such documents. Art. 12 indicates 11 document types. In particular, these include: writ of execution issued by the court of first instance, arbitration body, after the entry into force of decisions, acts; court orders; maintenance agreements, copies certified by a notary; certificates of the labor commission; acts of the PFR and the Social Insurance Fund; acts, resolutions of other state bodies, officials (traffic police, tax. The collector can send documents through the court office. In this case, you do not need to write an application (30 clause 5 of the Federal Law. Documents received by the FSSP are transferred within three days to an official who will In three days, the bailiff must study the documentation and make a decision. Whether to initiate a case or not. Refusal is possible for the reasons given in Article 31: the address of the SSP is incorrectly determined; there is no application, the signature of the recoverer; the petition for initiation is written indistinctly, with errors, without specifying the details of the court that issued the decision; the execution of the enforcement document does not meet the requirements of Article 13; the time allotted by law for filing the document has expired. An official issues a decision on the initiation of proceedings, which he informs all parties. The document is drawn up in accordance with the instructions of Art. 14 FZ It should contain: details of the SSP; full name, position of the bailiff who opened the case about; the date of the decision; production number; causes of arousal; decision; appeal procedure. But most importantly, the decision determines the time for the defendant to independently, without coercion, fulfill the requirement of the court. If he does not do this voluntarily within the prescribed period, the bailiff will appoint an enforcement fee and begin to take coercive actions and measures regulated by Chapter 7 of the Federal Law. Enforcement Measures The main instruments used by the SSP are enforcement measures and actions. Measures are the actions that an official takes. As a result, the requirements of the court or state body are enforced. According to Art. 68 FZ these include: foreclosure on income, accounts of the defendant; arrest, seizure of property; forced eviction; deprivation of property rights, re-registration to a claimant. The bailiff has the right to apply executive measures subject to two conditions: Proceedings have been initiated. The time given to the defendant for the voluntary execution of the decision has expired. Executive actions - measures, by carrying out which the claimant will create conditions that will force the defendant to satisfy the court's request and make it possible to apply executive measures (64 clause 1 of the Federal Law. Executive actions are: request, obtaining personal information about the defendant and financial condition; search for a citizen, his property ; restriction of the right to drive a vehicle; temporary ban on leaving the country. Exit restriction The debtor will temporarily not be able to leave the country if proceedings are opened against him (67 FZ on: maintenance debt, compensation for moral, property damage, harm to health in the amount of more than 10 thousand rubles). rubles, an unfulfilled non-property demand, an outstanding debt in the amount of more than 30 thousand rubles If the money is not paid within two months after the expiration of the period given for the voluntary fulfillment of the requirement, a person will not be able to leave the country already with a debt of 10 thousand rubles .(67 p 2 FZ. Inventory and arrest of property The arrest of property should be understood as the deprivation of the debtor of the right to dispose or use it (80 FZ. The right of disposal means that the property remains with the owner. However, the debtor will not be able to sell, donate or in any other way change the legal fate of the arrested property. Such the option of arrest is applied as an interim measure... It can be imposed immediately upon initiation of proceedings, without waiting for the expiration of the period given for the voluntary execution of a judgment (80 clause 1 of the Federal Law. When depriving a debtor of the right to use property, the arrested property is confiscated from the owner, transferred to storage Subsequently, it is sold at auction or transferred to the claimant.In this case, the arrest occurs in the presence of two witnesses, an act is drawn up, an inventory of property is drawn up.The procedures for seizure, inventory, evaluation, transfer to storage and sale are regulated by Articles 84, 85, 86, 87 and chapter 9 of the Federal Law, respectively.The arrest is not imposed on property, if the amount under the writ of execution is less than 3 thousand rubles. (80 clause 1.1 of the Federal Law. According to Article 69 of the Federal Law 229, first of all, the arrest is imposed on the money and accounts of the debtor. And only when it becomes clear that they are insufficient to pay off the debt, the bailiff has the right to seize the property (69 clause 3. In addition, the value of the seized property must be proportionate to the requirements (69 paragraph 2 of the Federal Law. An official, for example, is not entitled to seize a car for an unpaid fine in the traffic police. But to impose a ban on the right of the debtor to dispose of completely. Restriction on registration actions A person who refuses to voluntarily fulfill the requirement of a writ of execution will not be able to sell, donate, or inherit the seized property. The bailiff will send a notice of seizure to the advising authorities, providing a guarantee of the execution of a court decision or act of a state body. Incomes that cannot be foreclosed The debtor's cash receipts, which the bailiff is not entitled to foreclose, are defined in section 101 of the Federal Law. In total, the law lists 21 types of income that are not subject to withholding. These include: compensation for harm to health, loss of a breadwinner; compensation to persons affected by radiation, man-made accidents; medication allowance; social benefits for burial. Termination or suspension of proceedings Art. 40 of the Federal Law lists the grounds on which the bailiff must fully or partially suspend the implementation of enforcement actions. These include: the death of the debtor, recognition as missing; loss of legal capacity; passing the bankruptcy procedure by the defaulter; acceptance by the court of a statement of claim for a deferment, installment payment of the enforcement fee; long-term inpatient treatment; petition of a debtor who is in military service. Completion of enforcement proceedings occurs when the reasons specified in Art. 46, 47 FZ. For example, if the bailiff finds out that the debtor has nothing to collect and seize, the case will be closed, in accordance with Art. 46 p. 4. The document will be returned to the claimant. However, after six months, he has the right to re-initiate proceedings. At the same time, the term of the executive document will begin to be calculated anew. The proceedings will be completed if: the debtor satisfies the judgment; the court will require the return of the writ of execution; recognition of the debtor as financially insolvent; The judgment has expired. Payment of the debt The law gives 2 months. for the implementation of enforcement actions (36 FZ. During this period, the official must collect the debt, force him to fulfill the requirement imposed by law. If a different time interval is indicated in the court decision, the official is obliged to comply with it. The Federal Law provides for a period for the voluntary execution of the court decision by the debtor ( no more than 5 days... At the end, in case of failure to comply with the decision, the bailiff, in accordance with Art. 112 FZ, will impose a monetary penalty on the violator (7%, but not less than 1 thousand rubles. Common causes of debt Statistics show that credit debts are most often the basis for starting production. According to VTsIOM in 2018, 57% of Russian citizens had outstanding debts to financial institutions. Over the past eight years, this figure has doubled, according to experts from the research institute of opinion polls. The second most common reason is alimony debts. According to the FSPP, in 2018, the number of alimony non-payers increased by 60% and amounted to more than 800 thousand people. the amount of alimony arrears is considerable - 100 billion rubles. Russian drivers of the traffic police owe almost five times less. In 2017, the debt of motorists in fines reached 21.6 billion rubles. Conclusion Federal Law 229 has been amended many times since its publication. was done three times, the last ones will come into force on July 31, 2018. They will affect Article 6.1. and Art. 13. Deadlines for sending information to the State Information System will be established. The requirements for executive documents have been changed. If you have any questions about the topic of the article, ask them in the comments or the duty lawyer of the site. Also call the numbers listed. We will definitely answer and help. "> Enforcement Proceedings
• - this is a legal paper drawn up in accordance with the requirements specified in Art. 13 FZ-229, containing information about the claimant's claim and the order to the bailiff to start recovery. CONTENT OF THE ARTICLE: Concepts and types of executive documents Writ of execution Court order Alimony agreement certified by a notary Certification of the labor commission Acts of regulatory authorities Resolution of the bailiff Executive inscription of the notary What other executive documents are there and what unites them? What should be contained in the document On the basis of the document, the bailiff initiates enforcement proceedings and proceeds to take a number of measures and actions against the debtor. Concepts and types of executive documents Types of executive documents are regulated by Article 12 229 - FZ. These include: Judicial acts, including those on administrative violations, court orders issued on their basis, writ of execution. A notarized contract (an agreement or a copy on the payment of alimony, between the person who is obliged to pay them and the one who has the right to receive maintenance support. Certification of the decision of the commission on labor disputes. Acts of the PFR and the FSS on the recovery of funds from the debtor - individual Entrepreneur Decree of a bailiff service Executive inscription of a notary Public acts of tax, customs and other regulatory authorities with the obligatory attachment of documents, where marks of banking, credit organizations in which the debtor has an account, indicating fully or partially withheld funds. Writ of execution (IL - issued on the basis of a judicial act or order, which the plaintiff (collector) receives after the entry into force of the court decision. As a rule, this period is no more than 10 days. This is the time allotted by law for appealing the court decision. In some cases demanding their immediate execution, the IL is issued immediately after the decision is made (FZ 138 Code of Civil Procedure 428. You can present the IL within 3 years from the date of receipt (Article 21 clause 1 No. 229, for administrative violations, the presentation period is 2 years (21 clause 1 No. 229. The recoverer can restore the time missed for presentation by submitting an appropriate application to the court the authority that originally issued it, indicating a good reason for the pass and confirming it with documents (GPK 432, 23 FZ-229. In case of loss of IL, the recoverer can apply to the court for a duplicate. The court will accept the petition for consideration if the deadline for presentation has not yet expired (Code of Civil Procedure of the Russian Federation 430 clause 1. Within 10 days, the application will be considered and a decision will be made. All interested parties will be notified of the time and place of the meeting. Failure to appear will not be a reason to consider the decision made illegal During the trial, evidence and circumstances of the loss of the document are considered.The refusal of the court to issue a duplicate can be appealed within the time period established by law (430 Code of Civil Procedure of the Russian Federation, paragraph 4. It should be noted that the IL is not an executive document if issued before the entry into force of the court decision (FZ 138 Code of Civil Procedure, article 428, clause 4. If it is drawn up with errors and inaccuracies, for example, the debtor's passport data are incorrectly indicated, one of the parties may apply to the court to invalidate the conclusion, which will entail the suspension of the enforcement case until a decision is made on this matter. recoverable, is not more than 500 thousand rubles. The court order is an ID. (Code of Civil Procedure of the Russian Federation 121. The recoverer can independently apply to a banking, credit organization with an application to withhold funds from the debtor's accounts and transfer them to the current account using the specified details (Article 8, clause 1 No. 229. If the plaintiff prefers another method of recovery, then contact the bailiff service, possibly within 3 years from the date the verdict comes into force.If the court order is related to periodic payments, then presentation is possible during the entire period during which payments must be made.For example, an order received, with the requirement to withhold funds for alimony will be valid until the child turns 18 years old and for another 3 years after that. is an executive document, if notarized.In case of incapacity of one of the citizens en, the contract is concluded by a legal representative. An alimony agreement is a voluntary agreement between both parties, which specifies the amount to be paid, the terms and method of payment (99 of the RF IC. The law provides for the possibility of replacing money with property, changing, terminating by mutual agreement of the parties. The agreement can also be terminated in court if infringed interests of a minor or incapacitated adult child (102.103 RF IC. An agreement signed by both parties, but not notarized, is not an executive document and cannot be presented for initiating enforcement proceedings. Certification of the labor commission In case of questions related to the collection of wages, payment of overtime, reimbursement of travel expenses, the employee, if it is impossible to independently resolve the conflict situation, applies for permission to the commission on labor disputes, which is created on their own initiative by the members of the team of the enterprise, organization ( article 384 of the Labor Code The decision made by the commission comes into force after 10 days, if it is not appealed by the management, and must be satisfied within the next three days after that. one month you should receive a certificate from the labor commission, in order to then assert your rights with the help of a bailiff.You can apply to an employee of the FSSP within 3 months from the date of receipt of the certificate (389 of the Labor Code of the Russian Federation. Violated deadlines for obtaining a document or contacting a bailiff can be restored approved by the labor commission at the request of the employee, indicating a good reason for the absence. Acts of regulatory authorities If an individual entrepreneur fails to pay tax fees, fines for late reporting and penalties, the Pension Fund (PFR and Social Insurance Fund (FSS) draws up an appropriate act on the forced collection of funds from a person engaged in entrepreneurial activities and sends it to the bailiff service. When In this case, if an entrepreneur can carry out activities without opening a current account, then to initiate enforcement proceedings, it is not required to apply marks of credit and banking organizations.At the same time, if the acts are drawn up by other regulatory authorities (tax, customs or other authorities listed in Chapter 23 of the Code of Administrative Offenses In some cases, the bailiff initiates the initiation of enforcement proceedings on his own, for example, after a change in the circumstances as a result of which the proceedings were suspended (end of service s in the army, discharge of the debtor from the hospital or other reasons specified in Art. 40. In the event of termination of proceedings for the recovery of alimony under Art. 43 h. 2 p. 9 No. 229, a decision is issued by a bailiff to reimburse the debtor for performing expenses. Executive inscription of a notary Executive inscription of a notary (IN is put on a pledge agreement, a loan agreement, except for microfinance organizations, if it contains an additional agreement on the possibility of collecting money according to the notary's executive signature, in case of violation of the conditions of one of the parties (Fundamentals of the Law on Notaries of the Russian Federation, Article 90 The notary puts the inscription itself on a copy of the document that establishes the debt, makes a mark on the original (Article 89 Notary Law. Within three days, a notice is sent to the debtor. The executive inscription is placed at the request of the recoverer when all documents and a copy of the notification confirming the sending data to the debtor at least 14 days before contacting the notary.Within three years from the date of receipt of the ID and one year, if the debtor is not a civilian, it can be presented for enforcement measures and actions by the bailiff.What other executive documents and what do you combine them t? Final documents do not always have a property character and entail the recovery of funds or the seizure of property. In a number of cases, they are associated with the reinstatement of an illegally dismissed employee at work, the move-in of the plaintiff, the transfer of the child to one of the parents, the demolition of an unauthorized building. But at their core, all executive documents have one common characteristic: they contain a requirement instructing the bailiff to apply coercive measures and actions to the defendant indicated in the document. At the heart of the characteristics of the concept of ID is a forced way of executing what is contained in the requirement. Therefore, warnings, decisions on the imposition of a fine paid on the spot, on administrative arrest or deprivation of a special right (the right to drive a vehicle do not fall under the definition of the document, since they do not order the official to take coercive measures. What should be contained in the document that the ID be drawn up in accordance with the established rules, where the data are clearly stated: the name and address of the authority that issued it; the position and full name of the official; data on the case materials on the basis of which it was issued; the date of entry into force information about the claimant and the debtor, the details on which the recoverable funds are transferred, the claim itself, other information, in accordance with Article 13 of the Federal Law 229. The document is signed by officials and certified by a seal, in the case of a judicial act - a stamp. The bailiff may not open enforcement proceedings if the ID is drawn up with errors and inaccuracies, as this may make it difficult to fulfill this requirement. For example, if the debtor's surname is written illegibly or the details for the transfer are not indicated. It should be noted that the bailiff is a person acting only on the basis of a document and within the framework of the law. If the debtor or the recoverer disagrees with the amount specified in the demand, the authorities that issued the ID should be contacted. The bailiff can only change the amount of the performance fee, reducing it at his own discretion to 1 thousand rubles. "> Executive documents
• there is information in the FSSP database, all databases are updated weekly. Bailiff service - find out the debt CONTENT OF THE ARTICLE: Enforcement proceedings By last name and first name Check by number By order Official website of bailiffs Base of enforcement proceedings of bailiffs bailiffs may limit some of the rights of the debtor until he repays the existing debt. Therefore, if you are going abroad, want to get a loan from a bank, sell a car or make another financial transaction, it would be useful to find out about problems with bailiffs so that later you do not face bailiffs blocking your travel abroad or selling your personal car. Checking your debts is a mandatory procedure if you plan to: travel abroad, whether for a week on a tourist trip or for permanent residence; take a loan from a bank; sell a car or property; enter into a financial transaction. Even if you do not plan any of the above actions, it is better to periodically check your debts to insure against unpleasant consequences. Enforcement proceedings After the court has ruled in favor of the plaintiff, he receives a writ of execution: a document that obliges the defendant to comply with the court decision, and the bailiffs to open an IP. The case may be opened if the debtor does not pay: utility bills; alimony; money awarded to pay a civil claim; fines; credits, loans and loans. If you have received a writ of execution indicating the case number, you need to find out detailed information about the methods of repaying the debt, sanctions due to late payment, etc. For those who, for a number of reasons, cannot visit the department, the FSSP RF has launched an open database, with the help of which you can not only find out about the enforcement proceedings of bailiffs, its presence or absence, but also pay the debt in the online system. By last name and first name The easiest way to find out debts from bailiffs by last name and first name on the FSSP website, for this you need to fill out a special form, indicating the last name, first name, date of birth in certain fields and click on the "Search" button. We enter data We enter the code from the picture We get the result The system will provide information about the status of the delay at the current moment for the requested person or, in the absence of an open IP, will notify that there is no debt. You can check the data on the executive case in several ways: on the official website of the FSSP; in the department of bailiffs at the place of registration; by leaving an application for debt verification on the site. The first way is the fastest, you don’t have to go anywhere or wait for an official answer, it’s enough to have access to the Internet. The debtor not only finds out if he has problems, but can also open the decision, find out the case number, and, if necessary, contact the bailiff directly to clarify the details or ways to pay off the debt. Check by number Since notifications of commenced proceedings have a unique numbering, the open enforcement protocol on the bailiffs' portal can be recognized by the number. In order to check the state of production, the user needs to: go to the official website of the FSSP in his region; click on the "Data Bank" option; select the third option "By IP number"; enter the number specified in the notification in the field that opens and click on the "Search" button. A table will appear in the window that opens, where, if the proceedings have not yet been completed, the user will find the following data: Name of the judicial authority, its address. Date of issue and document number. Amount and term of payment. The rest of the steps are identical to the full name check. By resolution One of the most common types of debt is non-payment of fines for violation of traffic rules, for which, in case of violation of payment terms, administrative liability is provided. A driver who has not paid the fine on time may be restricted in the right to drive a vehicle. In the field of activity of the FSSP is the conduct of enforcement proceedings to recover unpaid fines at the expense of the debtor's income. If the fine for violating the rules of the road is not paid on time, the decision to collect the fine goes to the bailiff service, in turn, the FSSP opens proceedings and sends a copy of the decision to the debtor. When the defendant receives a decision to impose an administrative fine, he can find out the debt from the bailiffs by the order number indicated in the mailing. To do this, on the FSSP resource, you need to find the “By Resolution” tab, enter a unique document number in the field that opens and click the “Search” button, after a while all the information on the required fine will be displayed on the monitor. Such a check should be carried out no earlier than eighty days after fixing the violation. This rule is explained by the fact that sixty days are given for the timely payment of the fine, plus ten days for appealing the decision, plus another ten days for guaranteed payment and fixing it in the databases if the offender managed to pay the fine on the last day of the statutory period . Only after the deadline has passed, if information about payment has not been received, the base of unpaid fines is transferred from the traffic police to the FSSP. Official website of bailiffs Nowadays, having access to the Internet, it is easy to get any information. The data on non-payments according to court documents is no exception. To facilitate the search, as well as to encourage citizens to pay their debts on time, the official website of the Federal Bailiff Service of Russia has been created, which provides such data in the public domain. On www.fssprus ru it will not be difficult to find out your debt by last name, number of the writ of execution or resolution. There is a standard form that will allow the user to find out if he has unpaid debts and their current status. Using the services of the Internet site is not difficult, you only need to enter the last name, first name, patronymic, or resolution number. However, in order for the required information to be displayed correctly, it is necessary to fill in all the fields without errors, especially when entering a multi-digit order number, since with an error of only one digit, the system either will not find the necessary information at all, or will give it incorrectly. The database of enforcement proceedings of bailiffs Recently, the FSSP has placed on its official website an electronic database of enforcement proceedings, using which you can find out the debt or make sure that it is not in real time (online. To find out about the presence or absence of penalties, just go to the site of judicial bailiffs and find out the data in the "Information systems" section, where to find the "Data Bank of Enforcement Proceedings". On the page that opens, there are tabs: search for individuals by last name; search for legal entities by TIN and OGRN; search for individual entrepreneurs by TIN and OGRN. Let's consider in more detail, what is the database of enforcement proceedings at the bailiffs.This includes only cases in which the court has made an unconditional decision to pay debts, among them may be: Collection of alimony if one of the parents evades paying them.Court decisions on claims of creditors.Decisions on violations of traffic rules, for which there was no timely payment of the penalty. On the site, in addition to confirming the existing debt, you can find information about its structure and type: whether a forgotten and unpaid fine, debts for utility payments, underpaid tax or something else, and the amount of debt that needs to be repaid. Also, the debtor can pay his debt online. Information on open IP is presented in full, that is, all cases that are opened are necessarily entered into the database of bailiffs, where everyone can find out their debt. Prohibition on the registration of a car by bailiffs The ban on the registration of vehicles is used in situations where proceedings are opened against the owner of the car. After a decision is made to take restrictive measures, the traffic police is notified, in these cases, employees of the state inspection are not entitled to re-register the car until the ban is lifted. The ban will not be lifted until all debt obligations are eliminated. Lawyers recommend checking the debts of the bailiffs before the buyer gives the money for the purchased car to its former owner, especially if the seller offers to buy the vehicle under a general power of attorney, and in no case agree to such a deal if it turns out that the re-registration vehicle has been banned. The ban is lifted by the same body that imposed it, and if the car has several bans on different debt obligations, then there should be the same number of decisions on lifting the bans as on imposing. Information systems of bailiffs Information systems of the FSSP make it possible to obtain real-time information about the absence or presence of debts, their size, after fulfilling obligations, control the updating of materials without leaving home. It is enough to go to the FSSP website, select the region and search option, and you will be able to see the debts of the bailiffs by last name and first name, pay them online or find a notice of the bailiff. But the FSSP website is not the only source of such information. You can install the application on your smartphone and, by setting up automatic notifications, receive timely information about debts and their repayment, you can also use the application on social networks Vkontakte and Odnoklassniki, where there is a list of bailiff debtors. Conclusion Summarizing the above, we can conclude: no one is immune from trouble, someone does not repay debts intentionally, someone accidentally finds out that somewhere and once a fine was imposed on him, someone left a small amount underpaid loan, which, due to penalties and interest, has grown to a rather impressive amount. You should not hide from these debts, the bailiffs will still find the debtor sooner or later, and this can happen at the most inopportune moment. The article talks about how you can find out the debt from the bailiffs, this information, if applied, will help to avoid problems in the future. "> How to find out the debt
• 938-40-59 St. Petersburg: +7 (812 467-39-61 When applicable Article 68 of Federal Law No. 229 “On Enforcement Proceedings” clarifies the list of individual measures to implement a court order. However, with all available options, repayment of the amount of debt comes from the income of the guilty citizen.In the absence of funds from the defendant, bailiffs get the right to recover property.In this case, the use of the powers of responsible persons occurs as part of the arrest of the relevant objects and further sale at auction - the proceeds are used to pay the debt. collection is characterized by individual characteristics - in some situations, certain positions may be omitted, in others new ones may be added.Standardly, the sequence is expressed in the following stages: Preparation by the plaintiff of documents, according to which the court will establish the existence of debt obligations of the defendant.Isolation of claims and requirements to the debtor – implementation of the pre-trial procedure for influencing the actions of the violator. Drawing up and filing a statement of claim with a package of establishing documentation to the court. Taking part in court proceedings. Obtaining a relevant court order. Sending a writ of execution to the address of bailiffs for the implementation of disciplinary measures. The law also provides for the right to submit a sheet directly to the bank where the debtor has accounts - after that, the financial institution is obliged to take measures to calculate funds in the prescribed manner. Each dictionary gives its own definition of the concept of "recovery" - in most cases, the difference in characteristics lies in the scope of use of the definition. In a general sense, the penalty provides for the imposition of punishment in relation to persons who, by their actions, violated the norms established by law. At the same time, the scope of application is not important - labor, criminal, administrative or other. In any consideration, it is important for an unscrupulous citizen to understand that the implementation of this tool implies additional difficulties and possible costs for it. Disciplinary sanction In accordance with the provisions of art. 192 of the Labor Code of the Russian Federation, a disciplinary sanction is understood as such a sanction that is implemented by the employer against an employee for committing a disciplinary offense, namely: for improper performance or ignoring the assigned duties. This is a punishment for poor performance of official functions. Additionally, lawyers use other definitions: the measure of responsibility for non-compliance with the requirements of labor discipline; responsibility for violation of the norms of the Labor Code of the Russian Federation; consequences after the implementation of illegal activities or inactions, as a result of which harm was caused to another participant in labor relations. Recovery of this kind is characterized by some specifics that distinguish it from other types of liability. Generally speaking, two features stand out. The first is the basis for bringing to punishment - this is non-compliance with the provisions of labor legislation. The second determines the independence of the employer in making a decision on the misconduct - this does not require the involvement of third-party authorized structures. A disciplinary sanction can act as a general type, when liability is established by the positions of the Labor Code of the Russian Federation and the requirements of the internal regulations, and a special one, in which punishment is imposed on certain professions and categories of citizens on the basis of the relevant establishing documents. Application The basis for the application of a disciplinary sanction is a disciplinary offense, which can be the following types of situations: non-compliance with the daily routine - absenteeism and systematic delays; violation of safety standards - the actions of the employee led to a risk to the health and life of all personnel and individual representatives; deterioration in the efficiency of individual services and the enterprise as a whole - failure to comply with orders from direct management; damage to the property of the employer. In addition to “objective” and obvious violations, a penalty can be used if the actions of a citizen in one way or another affect the morale of the team - contributing to the emergence of disputes, conflict situations. Stages of disciplinary proceedings Implementation of a disciplinary sanction is carried out in the following stages: Initially, the employer offers the guilty person to give a written explanation of the situation with the violation. If the employee refused, after two working days an act is drawn up, which indicates: full name, position of the originator and offender; the situation with alleged violations of labor standards (the employee’s refusal to give explanations is noted; an explanation with clarification of the violated provisions of the law or relevant acts. After that, the employer requests from the immediate supervisor of the employee documents confirming the fact of a misconduct, and the penalty for such a situation. After considering the received materials, received on the fact of ignoring the norms of the Labor Code of the Russian Federation and the internal regulations of the enterprise, the employer makes a decision on the guilt of the citizen. Additionally, the severity of the actions of the offender, the consequences of the committed misconduct, as well as circumstances that can be used as positions that contribute to the mitigation of liability measures are taken into account. The employer expresses the chosen instrument of disciplinary action in the execution of the corresponding order. The order is provided to the employee for review within three days from the date of publication. If he does not want to sign the order, then in addition it will be necessary to draw up a special act, which specifies such a decision of the employee. Disciplinary proceedings are characterized by specific procedural periods: one month and six months. The penalty cannot be used if more than a month has elapsed from the date of detection of the misconduct. At the same time, this time period does not include the period the employee is on sick leave, on vacation, as well as the time required to identify the opinion of the trade union, if it is considered mandatory under the norms of labor legislation. After six months, the actions of the employee cannot be considered from the perspective of disciplinary liability. However, certain exceptions are provided. If during the manifestation of the audit, inspection of financial and economic activities, violations are found, the period during which it is allowed to impose a penalty is increased to 24 months. Additionally: when calculating the term, criminal proceedings are not taken into account. For the same disciplinary offense, an employee may be subject to one disciplinary sanction. However, this statement does not preclude the imposition of administrative or criminal measures. ">Forced recovery
• . The procedure for the sale of seized property in the framework of enforcement proceedings is one of the most effective tools for collecting debts from payers. The measure is carried out in parallel with other methods of influence, such as notifying the employer of the need to withhold funds from wages, imposing restrictions on crossing the state border, or introducing additional fines. Conclusion The regulation of the process is understandable and accessible for study - it is enough to refer to the articles of the Law "On Enforcement Proceedings". Knowledge of the nuances and features will be useful primarily for the debtor himself - if he can prove that the established procedure has been violated, then he has the right to count on a review of the collection process or a complete cancellation.
• . Chapter 3 of Federal Law 229 determines the procedure for calculating, ending, restoring, suspending, prolonging, interrupting deadlines and the consequences of missing. Calculation According to Art. 15 paragraph 2 of Federal Law 229, the period in enforcement proceedings is measured in days, months, years. Non-working days specified in Art. 112, 111 of the Labor Code are not taken into account. For example, the period for voluntary execution will increase if a holiday or weekend falls (Sunday. Periods are determined not only by a period of time. In some cases, they are set: On a specific calendar date. For example, the defendant must take specific actions by May 20, 2018 (vacate illegally occupied housing , liquidate unauthorized erected structure... At the time of the occurrence of a certain event.For example, executive actions are suspended until the debtor is fully recovered or demobilized from military service.The countdown begins the next day from the calendar date or from the moment the event occurs (15 p. 3. For example, if a person received a decision on May 20, the time for voluntary execution (5 days will begin to be counted from the next day, that is, May 21 and end on the 25th. The end The end depends on the method of calculation. If the calculation is made in years, then the period should end on the corresponding date of last install ovlennogo year (16 paragraph 1 of the Federal Law 229. If it is considered in days - on the last (16 p. 3. The exception is when the last day is a non-working day. In this case, the end will occur on the next business day. The period measured in months ends on the same calendar date of the last month of the established period (16 p. 2. There are situations when there is no such date in the last month.For example, the bailiff, within one month from the moment the property is discovered, must involve a specialist in the assessment (85 FZ 229. If the date of discovery of property turns out to be January 31, then in the next month - February of that date In such situations, the law prescribes that the end date be considered the last day of the established month. In this example, it is February 28 or 29 (depending on the year. It should be noted that the time is not considered to have elapsed if the necessary actions were completed before 24 hours (16 p 6. For example, the deadline for appealing the collection work ends on the 23rd. If the complainant files the complaint on the 23rd before midnight, then no time will be lost. The presenting person or authority must accept the document, consider and make an appropriate decision. Skipping and reinstatement Failure to comply with the deadlines entails liability and does not relieve from the fulfillment of the requirement (17 hours one . For example, if the defendant does not want to voluntarily vacate the occupied living space within the period established by the resolution, the bailiff will impose a monetary penalty and forcibly evict an irresponsible citizen (18 clause 1 of the Federal Law 229. It is important to comply with the deadline when filing a complaint against the FSSP. If you miss the time specified in Article 122 of the Federal Law 229, the document will be returned to the applicant and no action will be taken (17 clause 2. However, if there is a good reason for missing, the deadline can be restored. To do this, the applicant must submit an appropriate petition along with the complaint (18 clause 1. The superior person to whom petition, has the right to refuse the request if it considers that the absence is based on insignificant circumstances.In this case, the applicant will receive a copy of the decision to refuse, which the SSP must send the next day after the decision is made (18 clause 3. The refusal can be appealed in court ( Article 121. The term for consideration of a citizen's appeal Consideration of a complaint about the work of a bailiff of a higher m by position by a person should not take more than 10 days (art. 126 . At the same time, it should be taken into account that the appeal takes place in the order of subordination, defined by Art. 123 FZ 229. As a rule, for greater efficiency, a citizen filing a complaint simultaneously with a similar application goes to court. If the court gives way to the case, the time for examining the complaint to the SSP will be suspended. The time for consideration of an application sent to the FSSP by mail or electronically through the official website of the service will be about 33 days. Three days are given for mandatory centralized registration, which is carried out by the Records Management Department in accordance with Instruction No. 682 of 10/10/2010. It will take 30 days to consider the appeal itself (12 No. 59-FZ. In special cases, this period can be extended up to 30 more. The applicant will be notified of the extension. The deadline for initiating enforcement proceedings The procedure for initiating proceedings should not take more than seven days. Three days are allotted to transfer to the bailiff an application and documents from the office of the SPP (30 clause 7 of the Federal Law 229. The same amount for the official to study the materials received and issue a decision to refuse or open proceedings (30 clause 8 of the Federal Law 229. Weekends, holidays are not taken into account, therefore the total time to initiate proceedings will increase by one day (in total it will be seven. The period will be reduced to one day if the executive document (ID, prescribes immediate execution. In this case, the application, case materials are immediately submitted to the bailiff, who must accept the appropriate decision. The period in which the debtor is forced to fulfill the requirements of the ID is two months. Exception: the cases specified in Art. 36 p. 2-6.1 of Federal Law 229, the term is set in the ID. The calculation does not include the situations defined in Art. 36 p. 7 (suspension, postponement of enforcement measures. The limitation period for enforcement proceedings The interval during which the recoverer has the right to present the ID for the enforcement of the contained requirements. The ID with a limitation period of three years includes: writ of execution issued by the judicial authorities (calculated from date of entry into force of the decisions taken; court orders. Three months are given to present for collection: certificates of the commission on labor disputes. The countdown starts from the date of receipt of the document; writ of execution, whose missed deadline was restored by the decision of the arbitration court. Acts of regulatory authorities (tax, the customs service, the FIU must be submitted for enforcement within a six-month period from the date of issuance (21 clause 6.1. or return from the bank (in case the defendant's account did not have enough money to pay off the debt. ID for administrative violations are presented no later than two years from the day entry into force. The longest statute of limitations has ID for the collection of periodic payments. It is possible to force the debtor to satisfy the requirement for such documents during the entire period when payments should be made and three years after the expiration (21 clause 4 of the Federal Law. The countdown, as noted above, begins to occur either from the moment the document is received (certificate of the labor commission, or from date of entry into force of a court decision, act. But this is not always the case. If the court has postponed or extended the execution of the decision, the countdown should be carried out after the installment period, the delay expires (21 clause 9. In addition, the ID period can be calculated anew , and an unlimited number of times.According to Article 22, paragraph 1, its course is interrupted when: the creditor has set in motion the ID; the debtor has partially begun to fulfill the demand. The time before the interruption is not counted and receives a new reference point (22 paragraph 2. If the bailiff completes the proceedings and returns the document to the claimant due to the impossibility of execution, the case can be reopened within three years from the date of return of the document. And do this an infinite number of times. Conclusion Knowing the deadlines in enforcement proceedings and understanding the consequences that arise in the event of a violation is useful for both sides of the case. This allows the debtor to minimize or avoid financial losses. The creditor is to monitor the correctness of the actions of the FSSP employees and take the necessary measures in a timely manner to obtain the desired result. "> Deadlines in enforcement proceedings

Helpful information

Last updated April 2019

Every citizen of the Russian Federation has the right to get acquainted with the data on the work of the bailiff service, using the official website of the FSS, check themselves for debts in accordance with court decisions.

Search for enforcement proceedings - in what cases is it necessary

After the trial, the plaintiff receives a writ of execution - a document confirming his right to collect debts and obliging the defendant to ensure the execution of this right. Some debtors deliberately evade the fulfillment of this obligation, others simply do not know either about the existence of the debt or about the court hearings held. Revealing such information is an unpleasant surprise.

The need to find a court decision by the number of enforcement proceedings arises in a number of situations:

• Errors in the work of the judiciary. Missing the deadlines for notifying a citizen about the occurrence of a debt by a court decision is a rare occurrence, accounting for a small percentage of debtors.
• A more common case is the absence of permanent or temporary registration from the debtor. Bailiffs do not have the ability to deliver a notice to a citizen.

As mentioned above, every citizen has the right to check himself or his organization for debts by court order. Additional verification is required for:

• Planning overseas travel. Debtors in enforcement proceedings are subject to restrictions on leaving the country.
• An administrative liability is imposed on a citizen who has missed the payment deadlines in the form of a fine equal to 5% of the amount of the debt (more than 500 rubles, if the percentage of the debt is less than this indicator).
• For reinsurance. Regular checking of yourself or your organization (for legal entities) will save a potential debtor from misunderstandings and problems with the bailiff service.

How to find out if a person is in debt

The search for enforcement proceedings by the number of the writ of execution begins with the identification of debts from a particular person. To do this, you need to contact the official website of the FSS (Federal Bailiff Service). This service provides the public with information about the activities of bailiffs, including data on enforcement acts.

Using any search engine, a request for an FSS address is entered. On the main page of the service, users are offered several tabs; to check information about court cases, they should refer to the "Database" section. Depending on the type of production you are looking for (for an individual, organization), the required options are selected, the fields of the search service from the FSS are filled in.

If the system managed to find the case by the number of the writ of execution, it will offer the user a list of data:

• The name of the judicial body that issued the writ of execution, its address;
• Date of issue of the executive document, its number;
• If there is an additional production - its number and date of issue;
• Object of enforcement proceedings - the amount of debt, the payment period;
• If the owner of the writ of execution has already applied to the bailiff service - the name of the department, its address.

To find the court by the number of the writ of execution, in the case of a search for the details of the debtor, it is necessary to use the data on the department of the bailiff service that works on the judicial act. A simple call to this branch will help identify the number of the document of interest.

Effective search on the FSS website

It is not necessary to search for a writ of execution by number; the FSS website offers several options for entering data. The user indicates the required set of information in its entirety, or partially if there is a lack of information, and the system issues a list of cases with a result matching the request.

A search on the FSS service is carried out when specifying the data:

• FULL NAME. individual or organization name;
• Registration address (it is permissible to indicate the address of temporary registration in the absence of a permanent one);
• Document Number;
• The date of commencement of the enforcement of the judgment;
• Address and name of the judicial authority that issued the enforcement act.

The more data the user specifies when starting the search program, the more accurate the results of the calculation of the service will be. At the same time, the time spent on searches is reduced. It is in the interests of the user to provide complete information in each field of the search program. The FSS search engine works on a generally accepted principle, giving the most accurate results with sufficient data.

If the user fills out only a subset of the form fields, there is a high probability that a huge number of results will be returned that match the specified information. This approach will greatly increase the time of work with the service.

If enforcement proceedings are found, the system will provide detailed information about it, there will be the number of the writ of execution, the amount of the debt, the name and address of the relevant department of the FSSP, the name and contact number of the bailiff. You can contact the named FSSP officer for more information.

Lawyers recommend checking yourself for debt annually. Such regularity is guaranteed to protect against unpleasant surprises in the form of debts and fines for missing the deadlines for paying funds by court order.

1. Clauses 1.4, 7.1, 7.2, 7.3, 7.4 of the Procedure for creating and maintaining a data bank in the enforcement proceedings of the Federal Bailiff Service, approved by Order of the Federal Bailiff Service of Russia dated May 12, 2012 No. 248

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The register of enforcement proceedings (IP) or the IP data bank is publicly available. The fastest way to find out about debt is to go to the website of the Federal Bailiff Service (FSSP) www.fssprus.ru.

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Consequences of outstanding debt

After a long delay in loan payments, the lending party reserves the right to go to court to enforce the recovery of funds from the debtor.

However, it is possible to demand repayment of the debt within 3 years from the date of the last payment, after the contract expires the limitation period. These provisions are regulated by the Civil Code of the Russian Federation. Credit disputes are resolved by the World Court. On the basis of the documents presented by the creditor, the justice of the peace issues a court order, which can be appealed within 10 days.

Further, this court decision is transferred to the local bailiff service (SSP). As a result of the formation of debt, the debtor risks losing his movable and immovable property, as well as losing up to 50% of his income.

Initiation of enforcement proceedings by the bailiff service

IP is initiated by the bailiff on the basis of court documents at the request of the claimant (or his authorized representative). In the application, the representative can apply for the seizure of property and the application of restrictions to the debtor in accordance with the law, for example, a ban on traveling abroad.

All executive activities are carried out at the place of registration of the defaulter, or the location of his property.

The bailiff can start a new IP without submitted applications. At the end of the term of the IP, an additional one is initiated with fines and enforcement fees included in it (part 16 of article 30 of the IP Law). Copies of IP decisions are sent to the borrower and creditor within 24 hours after the decision is made.

The bailiff within three days may refuse to initiate enforcement proceedings, referring to Art. 31 of the IP Law, reasons:

• There is no application of the lender or it is executed improperly.
• The papers were presented to the wrong territorial body of the SSP.
• The deadline for submitting requirements for execution has expired.
• The executive document is resubmitted.
• The presented document is not valid for initiating an IP.

Entering information into the register of information on enforcement proceedings

Information is provided electronically. The register of enforcement proceedings was created in accordance with Article 6.1 of Federal Law No. 229-FZ. The FSSP maintains this information resource in a technically working condition, is responsible for the relevance and updating of the information provided.

Information about debtors and their debts is exposed to the public, most of the data is publicly available to users.

Open information does not bear any consequences for the debtor, they are designed to motivate them to fulfill their obligations. This is especially effective in relation to legal entities.

Not wanting to tarnish their reputation with partners, companies fulfill the prescribed obligations. New information is entered into the IP database promptly, no more than 7 days after the decision is made.

Unified State Register of Enforcement Proceedings

The following information is provided from the register:

• FULL NAME. debtor, date and place of birth; name, legal address for enterprises.
• Number and date of the decision.
• Details of the basis document for initiating an individual entrepreneur and the issuing authority.
• The mark of the closure of the IP.
• Amount of debt.
• Name and address of the territorial department in which the case is pending.
• Surname and phone number of the bailiff of the performer, under whose control the IP is located.

Open information in the bank of enforcement proceedings

Information about existing IPs is stored in the IP databank, which can be accessed through the official website of the Federal Bailiff Service.

To view information, you need to enter a minimum of information about the debtor:

• For an individual, this is a surname and a given name.
• For a legal entity, only the name.

It is possible to search by IP number. Anyone can use open material, it includes:

• The name of the debtor.
• Numbers and dates of statutory documents.
• debt amounts.

Use of the register of debtors

To date, the FSSP highly appreciates the effectiveness of its resource and deliberately develops it further. After the creation and implementation, the number of collected payments increased dramatically.

The bank of enforcement proceedings has become available to users of social networks such as Odnoklassniki and Vkotakte, and a version for mobile devices has been developed.

There is a function of subscribing to the information of interest for operational tracking, for example, of a legal entity for the occurrence of enforcement obligations.

Instructions for viewing information on enforcement proceedings

Step 1. Go to the FSSP website www.fssprus.ru.

Step 2 In the Information Systems section, select the Enforcement Proceedings Data Bank.

Step 3 Enter data to search for a debtor.

Search for individuals:

• Fill in the required fields:
  • Territorial body located at the place of residence of the defaulter.
  • Surname.
• Optional fields include:
  • Surname.
  • Date of Birth.

  Filling in these fields will reduce the final list of potential debtors, since people with the same last name and first name are very common.

Search for legal entities:

• Mandatory to fill in is the field for selecting the territorial authority that issued the decision.
• The name of the debtor enterprise for which the search is being carried out is indicated. As additional information, the legal address is prescribed.
• Search by IP number. To search in this section, it is enough to know only the number of the executive document, a sample of the introduction format is given below under the input field.
• The next step is to enter the code from the picture as proof that you are not a robot. For the visually impaired, there is a special button in the form of a speaker next to the character cipher, after pressing the code will be announced.
• After pressing the Submit button, the database will provide a list of all non-payers that match the entered criteria.
• The register of enforcement proceedings is connected to non-cash payment services, the Pay button. Here you can also download and print a receipt for cash payment through the cashier.

After making all payments for IP, the information in the register will be reflected in 3-7 days, at which time the funds are received by the department and the data bank is updated. The debtor must take this into account before flying abroad and not making all payments the day before departure.

It is possible to order information on the progress of execution of enforcement proceedings through the website of public services www.gosuslugi.ru, but you can only receive it personally or through an authorized representative. Data collection takes about 17 days.

If the person involved in the IP did not receive any notification of the initiation of enforcement proceedings against him, he has the right to contact the bailiffs' office at the place of registration and request, upon written application, copies of all papers.

There are situations when the debtor is not informed in time about the court decision rendered in absentia and in this regard, he is deprived of the opportunity to file an appeal.

He learns about the existence of a debt already from the use proceedings initiated on the basis of a court order. In such cases, you must immediately apply to the justice of the peace with applications for the issuance of an order in hand and for the suspension of the IP.

The notice issued by the judge must be presented to the bailiff. Enforcement proceedings will be terminated until the creditor submits a second application. Then you will have to prove your involvement in the resulting debt already in court.

Forms of all necessary applications can always be found on the official websites of the territorial bodies.