Debt obligations in modern society arise very often. These can be both credit borrowers and citizens who do not want to transfer alimony to their children. Often you may encounter a situation where the defaulter does not want to fulfill his obligations and hides his income. In such a situation, the collection of payments will occur with the direct participation of bailiffs.

Debt collection with the participation of a bailiff

Debt collection is understood as a set of actions that are carried out by the Bailiff Service in relation to the debtor. These events are aimed at finding out about the sources of income and making the citizen pay off his debts in full.

Often the situation develops in such a way that the violator in every possible way ignores court orders and refuses to repay the debt. If it is impossible to agree on the voluntary execution of the decision, then the only way out will be to pay off debts with the help of deductions from official income. And this procedure is impossible without the participation of an authorized person, whose task will be to search for all official sources of livelihood.

In view of this, many citizens have a natural question: “ How bailiffs find out the place of work of the debtor?” and whether they can hold him accountable. Despite the apparent ease, the task of determining the place of work is distinguished by a lot of subtleties and features, and often the deadlines for its implementation can be delayed.

It should be understood that the defaulter will try to do everything possible to hide his place of work. Often, for this, he negotiates with higher management and officially resigns from his position, although he continues to fulfill his professional skills, receiving a salary in an “envelope”. However, with the right approach to this task, it is quite easy to find out about the availability of a duty station, and as a result, a source of income.

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Debt recovery scheme

Before disassembling, how bailiffs find out the place of work of the debtor, it is necessary to analyze how they get the grounds for finding a job and sources of livelihood. It is quite natural that all this happens with the active participation of the judiciary. In general, the standard scheme for recovering from a defaulter will look like this:

1. To begin with, in order for the specialist to begin determining the place of work of the debtor, it is necessary for the court to make a decision and then the process will begin on the writ of execution. An authorized representative will be selected who will be responsible for dealing with the debtor.
2. The bailiff informs the debtor of the commencement of enforcement proceedings. Notification may be made either orally by telephone or in writing by mail. He also determines the time limit for the execution of the judgment. In parallel, he analyzes the financial situation of a citizen, and determines his place of work.
3. The employee has the right to seize the property belonging to the violator. This means that the defaulter will be able to use the valuables, but not to sell or donate.
4. The debtor will be prohibited from leaving the country in accordance with the rules established in Federal Law-229.
5. If the value of the property does not cover the costs, then the remaining part of the debt will be collected from wages or other source of income. However, before that, the forensic specialist will need to find out about the sources of income of the offender, and his place of work.

If a citizen hides his property, more stringent measures may be applied. In particular, the law allows a specialist to enter the debtor's home without his knowledge. Also, all close relatives of the violator will be subjected to a thorough check.

The work of the bailiff with the debtor

The interaction of a specialist with a borrower will be a certain procedure, the main purpose of which will be debt collection. As part of this procedure, he will determine all the material assets of the defaulter, and also find out where he carries out his labor activity.

Bailiffs who are on duty have the right to:

1. Obtaining access to the personal data of the violator;
2. Calling a non-payer on a sent summons;
3. Interaction with law enforcement agencies, tax authorities and employers to solve the problem;
4. Declaring a person wanted if he is hiding from the court;
5. Formal appeal to the employer in order to collect debt through deductions from earnings;
6. Arrest of property values ​​and issuance of a ban against the violator at the border crossing of the Russian Federation.

How does the bailiff find out about the place of work of the debtor

In order to effectively resolve problems with a specific person, you must immediately find out where he serves in order to collect a debt from a salary if necessary. There are several key methods by which a specialist learns about the duty station:

1. An official letter will be sent to the Pension Fund of the Russian Federation. Since mandatory contributions to the Pension Fund are imposed on earnings, upon request it will be possible to find out if the citizen is officially working;
2. The second step is to send a notification to the tax office. After the letter has arrived, the tax authorities will process the request within a few days and give an answer, from which the applicant will learn about the debtor's employment;
3. If the first two methods do not give any result, then the request will be made to banking institutions. As soon as the necessary details are found, his accounts will be frozen until the debt is paid off;
4. If necessary, the specialist has the right to conduct a full investigation in order to find out the necessary data. As part of the investigative actions, the defaulter's neighbors, his acquaintances and relatives will be interviewed.

As practice shows, you can learn about the performance of professional duties quite quickly. However, a quick decision is often hampered by motivation. Due to low salaries, SSP employees are in no hurry to fully utilize all the resources available to them, and therefore it is necessary to carefully control the process of searching for the offender's property and determining the place of his service.

As the bailiffs find out the place of work of the debtor, they immediately begin to make inquiries about his income. The modern procedure for collecting debts by authorized bodies involves a whole range of activities. This is a set of methods and ways, including access to the assets of the debtor and limiting his legal capacity.

In this regard, it is the bailiffs who are vested with the right, at the request of the claimants, to carry out requests to various authorities, the purpose of which is to clarify the personal data of a person or his lifestyle. One of the common methods of paying off the resulting debts is to determine the actual place of work. After that, the results of the satisfied claim of the recoverer are sent to the accounting department, which will make deductions from wages for subsequent transfer according to ownership.

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Getting started - how to officially find out the details of a person

The standard method for determining the place of work of a person who has a debt that will be claimed in court. It is concluded by sending a corresponding request to the pension fund of the Russian Federation. The second place where the letter is sent by the bailiff is the tax office. Both of these departments check the database of personalized records and send a response to the request within a few days. Subsequently, this information is attached to the case.

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Among the sources that make it possible to identify the place of work of the debtor is the information provided by the exactor himself when applying to the judicial authorities. The fact is that when applying for a loan, such data is indicated by the borrower himself, and confirms this with a certificate from the place of work. According to this document, the average income of the client is determined and a decision is made on the issuance of borrowed funds.

Among the materials that the claimant can provide are copies of the personal data of his negligent client, for example, a photocopy of the debtor's identity card (passport). A pedantic bailiff may well go out of his way to conduct a small investigation - to arrive at a person's place of residence and interview neighbors. Thus, using your legal authority, you can find out the name of the organization in whose staff the bank client or alimony payer is located.

Important: It is usually pointless for a person who is a debtor to hide their location or place of work. Finding a person who is tied to the current system is quite simple. And for all the time while he evades payments on his own debts, penalties (fines, forfeits) will grow. State fees are always added to the amount of the debt, which the recoverer pays when applying to the court against the debtor. For example, a creditor may sue while waiting for a certain period of debt to arise. This means that the fee in debt will be a multiple of the number of appeals to the judiciary.

In practice, it is the bailiffs who, thanks to their capabilities, can find anyone. Very often this is hampered by motivation. The salaries of employees of executive bodies obviously do not contribute to focusing on finding a person who owes money to someone, somewhere. However, in addition to the Pension and Social Insurance Funds, requests can be made to the State Road Safety Inspectorate, as well as to banking institutions.

Of course, if the bailiffs find out the place of work of the debtor, then they immediately send a writ of execution to the organization to enforce the court resolution. Thus the question is closed.

In the event that employees of the executive system cannot find out the source of income of a person who owes money, they turn to a banking structure. In the event that an individual does not live only on cash, the settlement account of the debtor of the recoverer is quickly revealed. Bailiffs, having learned the details of the current account, can arrest it and use it to recover in favor of the creditor (creditors). The maximum amount of deductions, of course, cannot exceed half of the average monthly wage. Unless, of course, on the account that belongs to the debtor, there are funds taxable in accordance with applicable law, personal income tax.

Search for a job for a person who left for permanent residence in another city

The practice of debt collection is as follows: if the debtor changed his place of residence and work after he issued a loan, he fully understands that he can evade payments on existing debt. The situation is often aggravated by the fact that the debtor can work without formal employment and receive wages in cash.

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It seems that everything is fine, and no one will bother, but sooner or later every person has property objects, such as residential premises, country houses or cars. When registering them in their own name, the debtor is automatically "highlighted" and enters the general database of Russians, who can always be found by name, surname and patronymic. Registration databases today are the same throughout Russia.

The bailiffs specified the place of work, is this the end, or does it have its advantages

In fact, when a writ of execution comes to the organization where the debtor works, it does not incur significant damage. There are even some benefits:

1. A person does not need to take time off from work to pay off debts and wait in lines;
2. No need to pay commissions to banks for the transfer to destination;
3. No need to keep track of when the next payment is due, the accounting department will do everything;
4. The debtor is released from the search for money and new claims from the bank or bailiffs - debts are paid after the fact. Salary received, part of the debt repaid. Not received - not redeemed. Here already all claims to the employer.

The inaction of the debtor is inexorably followed by the action of the claimant through bailiffs. Searching for a job is one of a large list of measures taken by an authorized service to pay off existing types of debt.

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After the court is won and the decision is received along with the writ of execution, it is required to somehow receive the awarded funds from the debtor. Ideally, if he pays the money voluntarily. But there is also the opposite option, when a company has to beat the thresholds of various instances in order to receive its debts by a court decision.

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To do this, the company (collector) can use several tools provided to it by the current legislation: present a writ of execution to the bailiff service or to a credit institution (bank).

However, after presenting a writ of execution to the bailiff service, she may have to “force” the bailiff to do her job: send requests, look for open accounts and property of the debtor.

To present a writ of execution to a bank, you must at least know the name of the bank where the debtor's account is opened, and even better, the details of the debtor's account.

The collector can obtain this information about the bank and open accounts from the tax office. This right is granted to companies by the provisions of Parts 8 and 9 of Article 69 of the Law “On Enforcement Proceedings” (Federal Law No. 229-FZ of October 2, 2007 (hereinafter referred to as Law No. 229-FZ). Thus, the recoverer, if he has a writ of execution (here and hereinafter we are talking exclusively about a writ of execution with an unexpired presentation for execution) has the right to request from the tax inspectorate information on the name and location of banks and other credit institutions in which the debtor's accounts are opened, and on the numbers of settlement accounts. This information will be sufficient to present a writ of execution to the respective bank.

To obtain such information, it is enough for the recoverer to submit to the tax inspectorate a request for information on the debtor's accounts with the simultaneous presentation of the original or a certified copy of the writ of execution with an unexpired presentation for execution (clause 5 of the letter of the Federal Tax Service of Russia dated 11.06.2009 No. MN-22-6 / [email protected]). Note that a copy of the writ of execution certified in accordance with the procedure established by the legislation of the Russian Federation will be a copy, the originality of which is certified by the signature of the general director and the seal of the exacting organization. It is also desirable to put a stamp “COPY OF VERN” and indicate that the original sheet is located at the address of the claimant (Decree of the Presidium of the Supreme Soviet of the USSR dated 08/04/1983 No. 9779-X, GOST R 7.0.8-2013).

The request can be sent both to the tax office at the place of registration of the debtor, and at the place of registration of the recoverer. Based on the provisions of paragraph 9.17 of the Regulations of the Federal Tax Service (approved by order of the Federal Tax Service of Russia dated February 17, 2014 No. ММВ-7-7 / [email protected]), as well as the Regulations on a unified system of interdepartmental electronic interaction (approved by the decree of the Government of the Russian Federation of 08.09.2010 No. 697), tax inspectorates have the opportunity, in cooperation with other territorial tax authorities, to obtain complete information to respond to a claimant's request without sending it for independent establishment (identification, receipt) of more complete information to the tax authority at the place of registration of the debtor.

Within seven days from the date of receipt of this request, the tax authority provides the claimant with information about the name, main state registration number and location of the bank where the debtor's accounts are opened, as well as about the numbers of these accounts.

The application of the above provisions of laws and other acts is fully confirmed by judicial practice. Thus, the Arbitration Court of the East Siberian District considered the question of the legality of the actions of the tax inspectorate, which refused to provide the collector with information about the debtors' bank accounts. The court of cassation (Decree of AC VSO dated February 13, 2015 No. F02-6464 / 14) recognized as lawful and appropriate the conclusions of lower courts on the right of the recoverer to receive relevant information from the tax authority within the time limits and in the manner prescribed by Law No. 229-FZ ( Parts 8, 9, 10 of Article 69 of Law No. 229-FZ).

Accordingly, the tax inspectorate is not entitled to refuse to provide the claimant with information on the debtor's bank accounts when submitting the appropriate request of the claimant with reference to Article 69 of Law No. 229-FZ and the attached documents.

Thus, in order to speed up the process of collecting funds from the debtor, you can submit a writ of execution to the bailiff service to initiate enforcement proceedings against the debtor and at the same time send a request to the tax authorities to obtain information about the debtor's open accounts. By the time this information is received from the tax service, enforcement proceedings must be initiated. As a result, information about the debtor's open accounts can be transferred to the bailiff and receive from him a decision to freeze the debtor's accounts within the amount to be recovered and to levy collection on them. These actions will significantly speed up the process of obtaining funds.

Please note that the tax office must provide information that is named in part 9 of article 69 of Law No. 229-FZ. If the recovering company requests other data, such as financial statements, tax inspectors will not provide it. After all, such data about the debtor are not indicated in Law No. 229-FZ. And the courts (determination of the Supreme Court of the Russian Federation of October 17, 2014 No. 303-KG14-2670) come to the conclusion that the tax authority does not have a statutory obligation to submit accounting and tax reports to the claimant, which, in accordance with Article 102 of the Tax Code, constitute a tax secret.