OFFICE REGULATIONS

expert specialist

(for maintaining a deposit account)

department of bailiffs for

By ________________________________

Federal Service Directorate

bailiffs in the Kursk region

I. General provisions

1.1. This official regulation regulates the procedure for the implementation of professional service activities by federal civil servants of the Federal Bailiff Service (hereinafter referred to as the Service) of the category “specialists”, and is an integral part of the Regulations of the Federal Bailiff Service and an integral part of the service contract.

1.2. The position of the federal state civil service specialist expert (for maintaining a deposit account) of the bailiff department of the Office of the Federal Bailiff Service for the Kursk Region (hereinafter referred to as a specialist expert (for maintaining a deposit account) of the department) belongs to the “senior” group of positions of the federal state civil service services in the "specialist" category.

Registration number (code) of the position is 11-3-4-062.

1.3. The expert specialist (for maintaining a deposit account) reports directly to the head of the department - senior bailiff of the bailiff department of the Office of the Federal Bailiff Service for the Kursk Region (hereinafter referred to as the head of the department).

1.4. Appointment to the position of the federal state civil service (hereinafter referred to as the civil service) and dismissal from office are made by order of the Office of the Federal Bailiff Service for the constituent entity of the Russian Federation.

1.5. During the absence of a specialist expert (for maintaining a deposit account), the temporary performance of his duties is carried out in accordance with the decision of the head of the department.

II. Qualification requirements

2.1. To fill the position of specialist expert (for maintaining a deposit account) of the department, the following requirements are established:

3.4. The expert specialist is obliged to:

3.4.1. Comply with the Constitution of the Russian Federation, federal constitutional laws, federal laws, other regulatory legal acts of the Russian Federation, constitutions (charters), laws and other regulatory legal acts of the constituent entities of the Russian Federation and ensure their implementation.

3.4.2. Perform job duties in accordance with job regulations.

3.4.3. Carry out instructions from the head of the department and the management of the Department, given within the limits of their powers established by the legislation of the Russian Federation.

3.4.4. Respect the rights and legitimate interests of citizens and organizations when performing official duties.

3.4.5. Comply with the official regulations of the Department.

3.4.6. Maintain the level of qualifications required to properly perform the duties of the job.

3.4.7. Not to disclose information that constitutes a state or other secret protected by federal law, as well as information that has become known to him in connection with the performance of official duties, including information relating to the private life and health of citizens or affecting their honor and dignity.

3.4.8. Protect state property, including those provided to him for the performance of official duties.

3.4.9. Provide, in the prescribed manner, information provided by federal law about yourself and your family members.

3.4.10. Report renunciation of citizenship of the Russian Federation or acquisition of citizenship of another state on the day of renunciation of citizenship of the Russian Federation or on the day of acquisition of citizenship of another state.

3.4.11. Comply with restrictions, fulfill obligations and requirements for official conduct, and not violate the prohibitions established by the Federal Law and other federal laws.

3.4.12. Inform the employer's representative about personal interests in the performance of official duties, which may lead to a conflict of interest, and take measures to prevent such a conflict.

3.5. An expert specialist (for maintaining a deposit account) in his professional work must perform the following duties:

3.5.1. Know the organization of the department’s work, constantly improve your professional level;

3.5.2. Timely report to the head of the department - senior bailiff, deputy head of the department supervising the work of the deposit group, on changes in the state of affairs on issues within his competence, the implementation of assigned tasks and assignments;

3.5.3. Comply with the requirements of governing documents on accounting, office work, ensuring the secrecy and security of information;

3.5.4. Carry out accounting of funds received at the temporary disposal of a structural unit in accordance with the Federal Law - Federal Law “On Accounting”, orders, instructions of the Ministry of Justice of Russia, the Federal Bailiff Service of Russia, the Administration;

3.5.5. Maintain a book of funds in the prescribed manner;

3.5.6. Accept from bailiffs funds seized from debtors according to receipt books, promptly hand them over to the branch of the servicing bank;

3.5.7. Carry out timely transfer of funds to the federal budget, including for reimbursement of expenses for carrying out executive actions;

3.5.8. Carry out the transfer of enforcement fees in accordance with the established procedure;

3.5.9. Carry out timely allocation of funds to satisfy the demands of creditors in accordance with the requirements of executive documents;

3.5.10. Maintain financial documentation in the prescribed manner;

3.5.11. Use in practical activities the methodological recommendations of the Ministry of Justice of Russia, the FSSP of Russia, the Administration in relation to their activities;

3.5.12. Provide methodological assistance to bailiffs on the distribution of funds and their accounting, check receipt books;

11.1.4. Ability to perform job functions independently, without the assistance of the department head.

11.1.5. Ability to clearly organize and plan the implementation of assigned tasks, the ability to rationally use working time, and set priorities.

11.1.6. A creative approach to solving assigned problems, activity and initiative in mastering new computer and information technologies, the ability to quickly adapt to new conditions and requirements.

Department head ________________________ _________________________

(signature) (signature decryption)

"___" __________________20__

Telephone consultation 8 800 505-91-11

The call is free

Bailiff's deposit

Please, for what reasons do bailiffs withhold funds on their deposit and do not repay the debt?

File a complaint about the inaction of the bailiff in the manner prescribed by Art. 123 of the Federal Law of October 2, 2007 N 229-FZ “On Enforcement Proceedings”, namely to the senior bailiff. Federal Law of October 2, 2007 N 229-FZ (as amended on March 6, 2019) “On Enforcement Proceedings.” Article 110. Distribution of collected funds. 1. Funds collected from the debtor in the process of fulfilling the requirements contained in the writ of execution (writ of execution), including through the sale of the debtor’s property, are subject to transfer to the deposit account of the bailiff department. The transfer (issuance) of these funds is carried out in the order of priority established by parts 3 and 4 of this article, within five business days from the date of receipt of funds into the deposit account of the bailiff division. If there is no information about the bank details of the claimant, the bailiff notifies the claimant of the receipt of funds in the deposit account of the bailiff division.

Do bailiffs return money to the debtor if there is money left on deposit?

Elena, good afternoon. Excessively paid funds for enforcement proceedings can be returned by bailiffs upon written application.

How much money can be on deposit with the bailiff for distribution to creditors?

Good day, dear visitor. Of course, the bailiff distributes money on deposit weekly. Good luck in resolving your issue.

Hello, Money is not kept on deposit for a long time, usually for a week, maximum 10 days. I wish you good luck and all the best!

Good afternoon, Ekaterina! Five business days from the date of receipt of funds to the deposit account. Federal Law of October 2, 2007 N 229-FZ (as amended on November 14, 2017) “On Enforcement Proceedings” Article 110. Distribution of collected funds 1. Funds collected from the debtor in the process of fulfilling the requirements contained in the executive document, including including through the sale of the debtor's property, are subject to transfer to the deposit account of the bailiff division, with the exception of cases provided for by this Federal Law. The transfer (issuance) of these funds is carried out in the order of priority established by parts 3 and 4 of this article, within five business days from the date of receipt of funds into the deposit account of the bailiff division. If there is no information about the bank details of the claimant, the bailiff notifies the claimant of the receipt of funds in the deposit account of the bailiff division. 2. Funds not claimed by the claimant are stored in the deposit account of the bailiff department for three years. After this period, the specified funds are transferred to the federal budget. 3. Funds received into the deposit account of the bailiff department during the execution of the property claims contained in the executive document are distributed in the following order: 1) first of all, the claims of the claimant are satisfied in full, including reimbursement of expenses incurred by him in carrying out enforcement actions ; 2) secondly, other expenses for carrying out enforcement actions are reimbursed; 3) thirdly, the enforcement fee is paid; 4. Funds received into the deposit account of the bailiff department during the execution of the non-property demands contained in the executive document are distributed in the following order: 1) first of all, the costs of carrying out enforcement actions are reimbursed; 2) in the second place, the enforcement fee is paid; 5. The requirements of each subsequent queue are satisfied after the requirements of the previous queue are satisfied in full. 6. The funds remaining after satisfaction of all specified requirements are returned to the debtor. The bailiff notifies the debtor of the availability of the balance of funds and the possibility of receiving them within three days.

A certain amount of money from the debtor’s pension has accumulated on the bailiffs’ deposit, which is not transferred to me due to the fact that the accountant quit and there is no one to transfer it to my account. Recently, the debtor and I talked and came to an agreement that he is ready to pay off part of the debt, and I am ready to forgive the remaining part and take the writ of execution, writing a receipt stating that there are no claims against the debtor regarding the debt. Two questions:
1) After the enforcement proceedings are closed, will the funds from the deposit be transferred to me when the bailiffs find a new accountant, or will they go back to the debtor due to the fact that the debt has already been closed?
2) Maybe we need to draw up some kind of agreement with the debtor regarding the money on deposit?

Write a complaint to the main department of bailiffs. The absence of an accountant should not infringe on your civil rights. The debtor fulfills his duty. It’s just that his money will never reach you due to the fault of the officials.

Funds from the debtor were transferred to the bailiffs' deposit at the beginning of March 2016. I still haven't received the money. I call every week and every time they tell me that the money has been distributed, but the boss (who only handles the transfer) is busy. Wait. Please tell me what my next steps are in this situation?

File a claim in court regarding the bailiff’s inaction

Write a written complaint addressed to a higher bailiff and (or) file a complaint with the court about the inaction of officials.

The ex-husband transfers alimony through the bailiffs, now they have money on deposit since January, what to do in such cases? And how to apply for alimony in hard currency?

Contact the bailiffs. The lawsuit is being filed again.

Write a complaint statement addressed to the senior bailiff. With a new lawsuit.

Alimony is deposited with the bailiffs, they have all my account details, but the money does not arrive because they do not have a permanent accountant, how can I solve the problem.

Complaint to the bailiff management

Natalia, write a complaint addressed to the head of the OSB or contact the Court. Good luck!

If the bailiffs are inactive regarding the collection of funds from him, it is necessary to appeal their inaction to their management, the prosecutor's office or the court. In addition, you have the right to collect a penalty for alimony. According to Art. 115 of the RF IC When a debt arises through the fault of a person obligated to pay alimony by court decision, the guilty person pays the alimony recipient a penalty in the amount of one-half percent of the amount of unpaid alimony for each day of delay.

Hello, first appeal the actions (inaction) to the manager, then to the court. Write that you will recover moral damages and penalties from the FSSP for retaining your funds. Money can also go to your account, why do you need a bailiffs deposit? Resolve this issue without their deposit

What should I do if the defendant transferred funds to the deposit of the bailiffs and the bailiffs are in no hurry to pay them to me for 10 months, they have already contacted the city. The court, twice to the arbitration court and even to the prosecutor’s office, but no result.

Write a complaint to Artur Olegovich Parfenchikov

He transferred alimony to the deposit of the bailiff service. Three years have passed and it is unknown where the claimant lives. In accordance with Art. 110 z-na On enforcement proceedings, the money must go to the budget. So what is next. The claimant will show up and start all over again? How to prevent money from going into the budget?

Hello! I recommend that you contact the bailiff with a petition and ask him to make a request to the Federal Migration Service in order to establish the place of residence of the claimant and the child in whose favor alimony was collected. In any case, you fulfilled your duties according to the writ of execution and transferred the money to the bailiff.

The bailiffs have not transferred funds to me for 2 weeks already, but there is already money on deposit, I provided them with the bank details, went to the boss and promised to take control, and the silence is not really possible to get through to me, what should I do?

You can submit a written complaint to the head of the bailiff service

The bailiff service received money for deposit from an LLC, I have a power of attorney from this LLC, with a living seal, with the right to receive the awarded property (money), the bailiffs say that the power of attorney needs to be notarized, but the notary says that nothing like that is needed , if there is a power of attorney from a legal entity. persons with the listed powers, then you can receive money from it, you need to notarize it only with real estate transactions, is the bailiff right, is it necessary to notarize such a power of attorney.

Yes, it is necessary to certify a power of attorney; these are the requirements of the Federal Law on Enforcement Proceedings.

The LLC does not need to be notarized, the LLC seal is sufficient.

The bailiff service has 13 thousand on deposit, which is what the debtor transferred to me as the plaintiff, but the bailiffs do not transfer it to me, they say no, the accountant quit, as soon as someone gets a job in the accounting department, we will transfer it. It is legal? If not, what should I do?

You can appeal the actions/inaction of bailiffs to the senior bailiff or to the court in accordance with the procedure defined by Chapter 18 of the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings”. Appeals against actions (inactions) of officials of the Federal Bailiff Service are carried out in accordance with the judicial procedure provided for by the Law of the Russian Federation dated 04/27/1993 No. 4866-1 (as amended on 02/09/2009) “On appealing to court actions and decisions that violate the rights and freedoms of citizens” .

Is this legal? If not, what should I do? -- Hello. The actions of the bailiff are not legal; you can appeal them to a higher bailiff or in court. Article 123. Filing a complaint in the order of subordination 1. A complaint against a decision of a bailiff or a deputy senior bailiff, with the exception of a resolution approved by a senior bailiff, against their actions (inaction) is submitted to the senior bailiff, under whose subordination the bailiff is located. executor or deputy senior bailiff. 2. A complaint against a resolution of a bailiff, approved by a senior bailiff, a resolution of a senior bailiff, a deputy chief bailiff of a constituent entity of the Russian Federation, against their actions (inaction) is submitted to the chief bailiff of a constituent entity of the Russian Federation, under whose subordination they are. 2.1. A complaint against the resolution of the bailiff of a division of the Federal Bailiff Service, approved by the senior bailiff, the resolution of the senior bailiff of the specified division, against their actions (inaction) is submitted to the deputy chief bailiff of the Russian Federation. 3. A complaint against a decision of the chief bailiff of a constituent entity of the Russian Federation or a deputy chief bailiff of the Russian Federation, and against their actions (inaction) is submitted to the chief bailiff of the Russian Federation. 4. A complaint against a decision of an official of the bailiff service, his actions (inaction) can be filed either directly to a higher official of the bailiff service, or through an official of the bailiff service, the decision, actions (inaction) of which are being appealed. 5. Officials of the bailiff service, decisions, actions (inaction) of which are being appealed, forward the complaint to a higher official of the bailiff service within three days from the date of its receipt. 6. In cases where an official of the bailiff service who has received a complaint against a decision, actions (inaction) is not competent to consider it, the said official is obliged to forward the complaint within three days to the official of the bailiff service authorized to consider it, notifying about this to in writing by the person who filed the complaint. 7. The person who filed the complaint may withdraw it before a decision is made on it.

Both the actions and inactions of the bailiff can be appealed in the order of subordination by filing a Complaint or in court at the location of the FSSP department by filing an Application to challenge the decisions of an official of the bailiff service, his actions (inaction). The procedure for appealing in the order of subordination is established in Article 123 of the Federal Law of October 2, 2007 N 229-FZ. The form and content of the complaint submitted in the order of subordination are given in Article 124 of the Federal Law of October 2, 2007 N 229-FZ. The complaint is filed within 10 days from the moment the person learned of the unlawful action (inaction) of the official. An application to challenge the decisions of an official of the bailiff service, his actions (inaction) is submitted to the court in the manner established by Article 441 of the Civil Procedure Code of the Russian Federation. Documents can be sent by mail.

Of course not. These are their problems. Write a complaint. Appeals against actions (inaction) of officials of the Federal Bailiff Service are carried out in accordance with the procedure defined by Chapter 18 of the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings”. An appeal is also possible in court as provided for by the Law of the Russian Federation of April 27, 1993 No. 4866-1 (as amended on February 9, 2009) “On appealing to the court actions and decisions that violate the rights and freedoms of citizens,” Art. 441 Code of Civil Procedure of the Russian Federation.

Hello! Appeal the inaction of the FSSP of the Russian Federation to a higher authority or to court.

BM transferred the arrears of alimony to the deposit of the bailiffs, the bailiffs have not transferred this amount of alimony to me for 2 months without any reason. Who should I sue for a penalty for the period when the money was on deposit?

It's the bailiffs' fault

On deposit with the bailiffs are funds seized from the debtor in the process of enforcement proceedings. According to Article 110 of the Federal Law on Enforcement Proceedings, Clause 4, the deadline is overdue. The bailiff does not transfer funds and does not make contact. Please help me write a COMPLAINT correctly!

write a complaint in any form - the essence of the problem, a request to take appropriate measures

Ksenia, good evening! To draw up a complaint, it is necessary to analyze all the circumstances of your case and the available documents. Contact us tomorrow at the phone number below, our company provides the services you need.

My funds have been on deposit with the bailiff for a month now, and the bailiff was obliged to return them to me, because... The accounting department sent the funds by mistake. How to return them? How long does it take for the bailiff to return the money?

There is no specific deadline for your case. Submit a written statement to the bailiff; in case of inaction, write a complaint to the senior bailiff or prosecutor.

The money must be returned to you within 5 days

How long do bailiffs have the right to hold on their deposit funds from the sale of seized property?

In accordance with Art. 2 of the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings” (with subsequent amendments) (hereinafter referred to as the Law), the tasks of enforcement proceedings are the correct and timely execution of judicial acts, acts of other bodies and officials, and in those provided for by the legislation of the Russian Federation cases of execution of other documents in order to protect the violated rights, freedoms and legitimate interests of citizens and organizations. By virtue of Part 1 of Art. 30 of the Law, the bailiff initiates enforcement proceedings on the basis of a writ of execution at the request of the claimant. According to Art. 110 of the Law, funds collected from the debtor in the process of fulfilling the requirements contained in the writ of execution, including through the sale of the debtor’s property, are subject to transfer to the deposit account of the bailiff unit, except for the cases provided for by this Federal Law. The transfer (issuance) of these funds is carried out in the order of priority established by parts 3 and 4 of this article, within five business days from the date of receipt of funds into the deposit account of the bailiff division. If there is no information about the bank details of the claimant, the bailiff notifies the claimant of the receipt of funds in the deposit account of the bailiff division. Funds not claimed by the collector are stored in the deposit account of the bailiff division for three years. After this period, the specified funds are transferred to the federal budget.

Part 5 Art. 107 of the Federal Law “On Enforcement Proceedings” states: “Money proceeds from the sale of the debtor’s property and remaining after reimbursement of enforcement costs are returned to the debtor. Money not claimed by the debtor is stored in the deposit account of the bailiff department for three years. After this period the specified funds are transferred to the federal budget." Art. 110 of the Federal Law specifies: "1. Funds collected from the debtor in the process of fulfilling the requirements contained in the writ of execution, including through the sale of the debtor's property, are subject to transfer to the deposit account of the bailiff unit, except for the cases provided for by this Federal Law. Transfer (disbursement) of the specified funds is carried out in the order of priority established by parts 3 and 4 of this article, within five business days from the date of receipt of funds in the deposit account of the bailiff department. In the absence of information about the bank details of the collector, the bailiff notifies the collector. about the receipt of funds in the deposit account of the bailiffs' unit. 2. Funds not claimed by the collector are stored in the deposit account of the bailiffs' unit for three years. After this period, the specified funds are transferred to the federal budget."

bailiffs have the right to withhold funds from the sale of seized property on their deposit, and the period for this is not established by law. Part 4 art. 80 of Federal Law No. 229-FZ of October 2, 2007 “On Enforcement Proceedings” (hereinafter referred to as Law No. 229-FZ) determines that the seizure of the debtor’s property includes a prohibition to dispose of property, and, if necessary, a restriction of the right to use property or seizure of property. Thus, the seizure of the debtor’s property itself does not mean its alienation, that is, the transfer of ownership of it to another owner. Therefore, accounting of seized property until it is sold at auction is carried out by the debtor organization in the generally established manner. Clause 4 art. 161 of the Tax Code of the Russian Federation provides that when selling confiscated property, property sold by court decision, etc. on the territory of the Russian Federation, the tax base is determined based on the price of the property (valuables) being sold, determined taking into account the provisions of Art. 40 Tax Code of the Russian Federation. In this case, tax agents are recognized as bodies, organizations or individual entrepreneurs authorized to sell the specified property. Thus, we believe that when selling the debtor’s property at auction, the provisions of clause 4 of Art. 161 Tax Code of the Russian Federation. This point of view is confirmed by the explanations of the Ministry of Finance of Russia (see, for example, letters dated November 11, 2009 N 03-07-11/300 and letters dated June 11, 2009 N 03-07-11/155). In letter dated 06/11/2009 N 03-07-11/155, specialists from the Russian Ministry of Finance also note that, by virtue of clause 1 of Art. 168 of the Tax Code of the Russian Federation, when selling goods, tax agents are required to present the corresponding amount of VAT for payment to buyers in addition to the price of the goods sold. At the same time, tax agents calculate, withhold from the taxpayer (debtor) and transfer the amount of VAT to the budget (clause 1 of Article 24 of the Tax Code of the Russian Federation). In this case, invoices are also drawn up by tax agents (clause 16 of the Rules for maintaining logs of received and issued invoices, purchase books and sales books for value added tax calculations, approved by Decree of the Government of the Russian Federation of December 2, 2000 N 914).

Igor, transfer (issuance) of collected funds is carried out within five business days from the date of receipt of funds into the deposit account of the bailiff division. If there is no information about the bank details of the claimant, the bailiff notifies the claimant of the receipt of funds in the deposit account of the bailiff division.

Dear Igor. According to Part 1 of Art. 110 of the Federal Law of 02.10.2007 N 229-FZ “On Enforcement Proceedings”, funds collected from the debtor in the process of fulfilling the requirements contained in the executive document, including through the sale of the debtor’s property, are subject to transfer to the deposit account of the bailiff division, for except in cases provided for by the said Federal Law. The transfer (issuance) of these funds is carried out in the order of priority established by parts 3 and 4 of this article, within five business days from the date of receipt of funds into the deposit account of the bailiff division. If there is no information about the bank details of the claimant, the bailiff notifies the claimant of the receipt of funds in the deposit account of the bailiff division. From the analysis of these norms it follows that these enforcement actions must be carried out by the bailiff in a timely manner, that is, the funds collected from the debtor (deposited) must be transferred to the recoverer within five days after they are received into the deposit account of the bailiff department. Storing funds on the SSP deposit is three years, i.e. within the period for presentation of the writ of execution.

The total period within which the seized property must be sold is two months from the date of its transfer. If the debtor's property has not been sold within one month from the date of its transfer on a commission basis or if the first auction is declared invalid, the Federal Property Management Agency or specialized organizations notify the bailiff, who issues a decision to reduce the price by fifteen percent. When the debtor's property has not been sold within one month after the price reduction, the bailiff sends the claimant an offer to keep this property.

If the claimant refuses to relinquish the debtor's property or does not receive notification from him of the decision to retain the unrealized property, the property is offered to other claimants. In the absence of such or in the absence of their decision to keep the unrealized property, it is returned to the debtor. The date of completion of the process of sale of seized property is the date of transfer of funds to the appropriate account of the department of the territorial body of the Federal Bailiff Service, or the date of the act of acceptance and transfer (return) of the property, or, if the property is recalled and was not transferred for sale, the date of the decision on the revocation seized property from sale. Thus, the sale of the debtor’s seized property is carried out in the manner and within the time limits established by law with the participation of not only the bailiff service, but also the Federal Agency for State Property Management, as well as specialized organizations.

What should I do if the alimony provider has transferred alimony to the deposit of the bailiffs and the bailiffs have not been in a hurry to pay them to me for a month now?

file a complaint with the head of the SP service

Hello. You have the right to appeal the actions of the bailiff to a higher authority or to court. Good luck.

Well, what is the question, in accordance with Chapter 25 of the Code of Civil Procedure of the Russian Federation, appeal the inaction of the bailiffs, oblige them to carry out the transfers, you are exempt from state duty!

What sanctions can be applied to the bailiff service if the debtor deposited money (in case of non-payment of alimony since July 2010) from 08/26/2011. And the claimant was paid on March 22, 2012 with the explanation that the funds were not transferred to the claimant due to the lack of a bank account for the claimant. During this period (since 2010), did the claimant bombard the SSP with letters, statements and complaints? Thank you.

Unfortunately, the bailiffs are not authorized to issue the collected funds in cash. Therefore, you just had to open an account in any of the banks and report it to the bailiffs. If this was the case, then you cannot hope to apply sanctions to the bailiffs. If you reported the account to the bailiffs or they did not explained the reason immediately, then you can apply to the court to recover damages caused by the inaction of the SSP.

How long are funds kept on deposit with bailiffs until the funds are transferred to the claimant? Thank you.

Arriving at the temporary disposal of the bailiff department

– leading specialist expert of the Office of the Federal Bailiff Service of Russia for the Amur Region. Engaged in keeping records of funds received at the temporary disposal of the Interdistrict Department of Bailiffs for the city of Svobodny and Svobodnensky District. has a higher economic education. She began her career in 2003. She worked as a bailiff, then was transferred to the position of a leading specialist-expert in maintaining a deposit account.

The interdistrict department of bailiffs for the city of Svobodny and Svobodnensky district is headed by the head of the department - senior bailiff. The department employs 17 bailiffs. The work of a leading specialist-expert in maintaining a deposit account is aimed at ensuring the timely and correct entry of funds into the account of the department of funds according to the statement of the federal treasury branch and their transfer according to their ownership in full.

When carrying out enforcement actions, bailiffs accept sums of money in rubles from debtors according to receipt books. Every day, when transferring collected funds by bailiffs, according to the cash register, a leading specialist expert checks the receipt books for the timeliness and completeness of the delivery of funds.

The head of the department, a senior bailiff, checks the receipt books in the hands of the bailiffs, about which there are notes on the back of the book. The completed receipt book is handed over by the bailiff to the head of the department against signature in the receipt book record sheet. A new receipt book is issued only after he has verified the correctness and reliability of the amounts deposited according to the used receipt book.

It is not allowed to put stamps on blank sheets of receipt books; an exception is possible only when bailiffs visit specific enforcement proceedings for which there is a real probability of receiving the amount collected.

At the end of the financial month, the leading expert conducts an inventory of receipt books located in the department.

The bailiff, at the same time when handing over the collected funds, together with the announcement for the cash contribution and the register (decoding) of the funds accepted according to the receipt book, brings to the specialist in maintaining the deposit account a resolution on the distribution of funds accepted on the reporting date. In the absence of information about the bank details of the recoverer, the bailiff provides a notice of proper notification to the recipient of the funds.

To control the timeliness of the issuance of decisions on the distribution of funds by bailiffs, the department maintains a book of registration of decisions on the distribution of funds.

Statements received from the bank are processed daily as they are received. To ensure timely transfer of collected amounts as appropriate, she daily brings to the attention of bailiffs information about the amounts received. The second copy of payment orders received according to the statement is printed, which is located in the department’s computer network.

Bank statements on the account of funds received at the temporary disposal of the department are compiled into separate folders on a monthly basis, stitched together and numbered.

The cash accounting book is printed out monthly, numbered, laced, sealed by the Federal Bailiff Service of Russia for the Amur Region and certified by the signature of the head.

Work is constantly underway to reduce cash balances in the department's deposit account. At least once a week, she carries out an inventory of the balances of funds received at the temporary disposal of the department. Unconditional and immediate transfer of collected amounts of enforcement fees and fines is carried out daily. Amounts transferred to tax, customs authorities, state authorities and local self-government bodies that administer payments to the budget system of the Russian Federation are specially recorded.

At the end of the working day, the head of the department - senior bailiff is provided with a processed extract from the personal account for accounting of transactions with funds by the leading specialist expert , received at temporary disposal, in which the received amounts are determined by ownership, as well as a report on the work done during the day.

In the second ten days of the month, bailiffs analyze enforcement proceedings for which the receipt of funds in excess of rubles is expected at the end of the reporting month. and strict control is maintained over these amounts, as this may lead to an increase in the balance. To prevent this from happening, bailiffs prepare in advance decisions on the distribution of funds and bank details for urgent transfer to the recoverer, immediately upon receipt of funds.

At meetings with the head of the department - senior bailiff, bailiffs - executors are heard about the work done in enforcement proceedings, for which funds collected from debtors are in the department's deposit account and are not transferred to collectors - individuals (legal entities) or to the budget system Russian Federation.

The department has established interaction with banks (other credit institutions) to write off accounts and transfer funds to the department’s account. Bank employees in payment documents for transfer must indicate in the name of the payment those details that are available in the decisions of bailiffs in order to quickly determine the ownership of funds.

The leading specialist-expert in maintaining the deposit account in accordance with the law transfers the funds received to the department's deposit account to the creditors within five business days from the date of receipt of the statement from the federal treasury department. Funds not claimed by collectors are stored in the department's deposit account for three years. Upon expiration of this period, the specified funds, on the basis of a memo with the permission of the head of the department - senior bailiff, are transferred to the federal budget. On average, it prepares from 80 to 100 requests for cash expenditures per day.

One of the important tasks assigned to bailiffs and the leading specialist-expert in maintaining a deposit account is to control the flow of funds from the moment they are received in the department’s deposit account until they are transferred to the recoverer.

In the Interdistrict Department of Bailiffs for the city of Svobodny and Svobodnensky District, this task is successfully solved thanks to the professionalism and conscientious attitude towards the assigned case of the leading specialist expert Vladimirovna Zasyadko, who was repeatedly encouraged by the management of the Department. She is currently receiving her second higher education – law.

Educational and methodological center

Department of the Federal Bailiff Service of Russia for the Khabarovsk Territory

Transferring money to bailiffs does not always mean immediate transfer to the recoverer. Practice shows that funds are often kept on deposit for a long time. Let's consider what laws govern this issue and how to react in various situations.

Bailiffs deposit account - what is it?

Debt collection within the framework of enforcement proceedings occurs through the bank account of bailiffs.

This is a deposit account to which the debtor transfers money in the required amount within the allotted time frame.

For security reasons, interaction does not occur directly, but through the deposit account of the joint venture (bailiff). Forcible collection of property or writing off funds from the debtor's bank accounts is also practiced.

After the money has been deposited into the deposit account of the territorial division of the bailiffs, the obligation is considered properly fulfilled. Thus, the debtor is released from obligations under the writ of execution.

The bailiff does not have the right to transfer money to a third party who is not a party to the enforcement proceedings.

However, another problem very often occurs - money is delayed in the deposit account of the OSP (bailiff department) for various reasons.

Delays and errors may also occur due to human factors.

Deadlines for transferring money from the bailiff

The law obliges bailiffs to transfer (transfer) money within a specified time frame. This can be learned from paragraph 1 of Article 110 No. 229-FZ. It states that the transfer of funds from the bailiff to the collector must occur within 5 operational (banking) days from the moment they are received in the OSP account.

Theoretically, the procedure should take five working days, excluding weekends (Saturday and Sunday) and holidays. If the debtor paid the required amount, but the joint venture did not fulfill their obligations within the specified period, then this is a violation of the law. In this case, the FSSP bears responsibility for the delay.

Procedure for transferring funds

According to Federal Law No. 229-FZ, funds from the deposit account of the joint venture are distributed in strict order.

• The order of distribution is as follows:
• satisfaction of the claimant's demands, as well as his costs of enforcement actions;
• payment of other costs related to enforcement actions;
• payment of the execution fee;

payment of fines that were imposed on the debtor during the execution of the requirements under the writ of execution.

If all of the above requirements are satisfied, the remaining money in the account will be returned to the debtor.

Why doesn’t the bailiff transfer the money?

The reasons why there is a delay in transferring money from the account of the joint venture department may be different. In each individual case, various circumstances are mentioned - from the accountant’s vacation to the introduction of new software.

On the Internet you can find many complaints about the work of the bailiff regarding long delays (over a week) in the transfer process.

“The money is stuck in the bailiffs’ account due to the fact that there was a change in the head of the main department of the FSSP. The senior bailiff still hasn’t formalized his signature, so I’ve been waiting for a month,” legal forum.

Ultimately, I personally attended an appointment with the head of the OSP, and it turned out that the reason was different - the transition to a new program. The deposit was blocked and they promised to resolve the issue only within a month.

It turns out that none of the creditors will receive their money and just because of some program,” Andrey, legal forum.

It turns out that the debtor has fulfilled his obligations, while the creditor is still left without money. Such situations occur quite often, but there are legal levers of influence on such inaction, namely a complaint.

Video: Withdrawal of funds

Can I claim compensation?

Often money from a joint venture does not arrive within 5 operating days, or even a whole month or two. This can be regarded as a reason for complaint. But is it possible to demand some interest as compensation for the fact that the amount of money remains in the FSSP deposit account for more than the period allotted by law?

There is no legal basis for collecting interest for late transfer of funds from the bailiff to the collector.

The fact is that the relationship that arose between the plaintiff and the bailiff does not relate to the law of obligations.

This is not a transaction, therefore the interest provided for in Article 395 of the Civil Code of the Russian Federation cannot be collected.

Responsibility of the bailiff for late transfer

If there is a delay in transferring funds, you can appeal the inaction of the bailiffs. This is stated in Articles 118-121 No. 229-FZ.

• There are two ways to appeal:
• in the order of subordination - by filing a complaint with the FSSP department;

in court - by filing a claim in court against the inaction of the bailiff.

Challenging the inaction should be directed at the senior bailiff. This person is obligated by law to distribute funds from the deposit account of the joint venture unit.

If the bailiffs transferred to the wrong account

This error is extremely rare, but can also happen. In the case where the joint venture transferred money to the wrong account and refuses to return it, you need to write a complaint to the FSSP.

• The complaint is drawn up in any form indicating:
• name of the organization to which the complaint is filed;
• your data: address, full name, home and mobile phone;
• the essence of the reasons for the complaint with a detailed description of the situation;

your requirements: 1) deal with the error; 2) return the money.

Copies of documents certifying the truthfulness of the information must be attached to the complaint and sent by registered mail to the FSSP department.

The most convenient way to find out about the presence or absence of debts is on the official FSSP portal. It contains information about those debts for which there is already a court order and enforcement proceedings are underway.

Step-by-step instructions on how to find out your debt on the FSSP website:

• go to the FSSP website in the “Data Bank of Enforcement Proceedings” section. If you need to find out data by last name, then select “Search for individuals.”
• select the required region or “All regions”;
• fill in the fields: full name, date of birth;
• press search.

If there is a debt, a list will be displayed with information on debts for which writs of execution have been issued. The data includes the number and date of the writ of execution, its amount, contacts of the bailiff, as well as the FSSP specialist who is handling the case.

On the same website, you can pay the debt in any convenient way, as well as print out a receipt and pay through the bank’s cash desk. It is not necessary to notify the joint venture about the payment - the information reaches them automatically.

If there is no data on the FSSP website

If nothing is found by request on the FSSP website, then there may be three options:

• the person has no debts;
• the debt has been repaid;
• The court decision has not yet been transmitted to the bailiffs.

It is also useful to conduct such a search by name before planning to travel abroad or take out a loan in order to avoid possible problems.

Transfer of funds from the bailiff according to the law is made within 5 working days. However, there may be a delay in this process, which can be appealed legally - this will help you get money from the debtor faster.