From us, as debtors, they recovered the funds that were received on the deposit of the bailiff service. But they can’t reach the exactor in any way, the reasons are announced for different reasons: either the program does not work, or the bailiff changes. Are there any specific deadlines within which the bailiff is required to make a decision on the distribution of funds? And are we liable for any such delay?

Bailiffs - executors are obliged to settle with the recoverer within five business days from the date of receipt of funds from the debtor. However, if they did not fulfill this obligation, and the debtor, for its part, paid the money on time and in the right amount, then only the bailiffs themselves will be responsible for the further delay.

The term for the transfer to the recoverer of funds received on the deposit account of the bailiffs is established by paragraph 1 of Art. 110 of the Federal Law of 02.10.2007 No. 229-FZ "On Enforcement Proceedings". The transfer of funds is carried out in order of priority within five business days from the date of receipt of funds to the deposit account of the bailiff unit.

In this case, the monetary obligation is considered to be properly executed by the debtor, since the funds are on deposit with the territorial department of bailiffs (clause 1, article 408 of the Civil Code of the Russian Federation). When considering one of the cases on this issue, the FAS of the West Siberian District explained that the proper transfer of the amount of the recoverable debt to the account of the bailiff unit releases the debtor from his obligations under the executive document. Further enforcement in favor of the claimant is carried out by a bailiff - executor (decree of the Federal Antimonopoly Service of the West Siberian District of October 21, 2013 in case No. A81-4943 / 2012). Therefore, the debtor who transferred the funds to the bailiff's deposit account does not bear the negative consequences of the untimely receipt of this money to the account of the recoverer. The body of the Federal Bailiff Service of the Russian Federation is already responsible for the delay in the transfer of funds.

In accordance with paragraph 2 of Art. 19 of the Federal Law of July 21, 1997 No. 118-FZ “On bailiffs”, damage caused by a bailiff to citizens and organizations is subject to compensation in the manner prescribed by the civil legislation of the Russian Federation. So the recovering organization can apply to the arbitration court with a claim against the bailiff service for compensation for damage caused by the unlawful inaction of the bailiff.

In case of untimely transfer by the bailiff - executor of funds under the writ of execution, the harm caused to the recoverer is compensated in accordance with the norms of civil law, namely on the basis of Art. 16, 1064, 1069 of the Civil Code of the Russian Federation. The Supreme Arbitration Court of the Russian Federation also noted that in such a situation, the interest provided for in Art. 395 of the Civil Code of the Russian Federation are not recovered, since relations arise between the plaintiff - the recoverer on the writ of execution and the division of the bailiff service that are not based on the rules of the law of obligations. (Clause 33 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated June 21, 2004 No. 77 “Review of the practice of considering cases related to the execution by bailiffs - executors of judicial acts of arbitration courts”).

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bailiff's deposit

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

File a complaint against the inaction of the bailiff in the manner prescribed by Art. 123 of the Federal Law of 02.10.2007 N 229-FZ "On Enforcement Proceedings", namely, to the senior bailiff. Federal Law No. 229-FZ of October 2, 2007 (as amended on March 6, 2019) "On Enforcement Proceedings". Article 110 1. The funds recovered 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 unit. 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 to the deposit account of the bailiff unit. In the absence of information about the bank details of the recoverer, the bailiff notifies the recoverer of the receipt of funds to the deposit account of the bailiff unit.

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

Elena, good afternoon. Overpaid funds for enforcement proceedings may be returned by bailiffs upon a 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 the deposit weekly. Good luck in solving your issue.

Hello, For a long time, money is not stored on the deposit, usually within a week, maximum 10 days. I wish you good luck and all the best!

Good afternoon, Catherine! Five business days from the date of receipt of funds to the deposit account. Federal Law No. 229-FZ of October 2, 2007 (as amended on November 14, 2017) "On Enforcement Proceedings" Article 110. Distribution of collected funds including through the sale of the debtor's property, are subject to transfer to the deposit account of the bailiff unit, 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 to the deposit account of the bailiff unit. In the absence of information about the bank details of the recoverer, the bailiff notifies the recoverer of the receipt of funds to the deposit account of the bailiff unit. 2. The funds not claimed by the recoverer are kept in the deposit account of the bailiff unit for three years. After the expiration of this period, these funds are transferred to the federal budget. 3. The funds received on the deposit account of the bailiff unit in the execution of the property requirements contained in the executive document are distributed in the following order: ; 2) in the second place, other expenses for the performance of enforcement actions are reimbursed; 3) in the third place, the performance fee is paid; 4. The funds received on the deposit account of the bailiff unit in the performance of the non-property requirements contained in the executive document are distributed in the following order: 1) first of all, the costs of enforcement actions are reimbursed; 2) in the second place, the performance fee is paid; 5. The requirements of each successive queue are satisfied after the requirements of the previous queue are satisfied in full. 6. The funds remaining after the satisfaction of all these requirements are returned to the debtor. The bailiff shall notify the debtor of the existence of the balance of funds and the possibility of obtaining them within three days.

A certain amount of money from the debtor's pension has accumulated on the deposit of bailiffs, which is not transferred to me due to the fact that the accountant quit and there is no one to transfer them to my account. Recently, the debtor and I talked and came to an agreement that he was ready to close part of the debt, and I was ready to forgive the rest and collect the writ of execution, writing a receipt stating that there were no claims against the debtor for the debt. Question two:
1) After the enforcement proceedings are closed, will the funds from the deposit be transferred to me when the bailiffs still 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 you need to draw up some kind of agreement with the debtor about 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 does his duty. It's just that his money will never reach you through the fault of officials.

The money from the debtor was transferred to the deposit of bailiffs 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 (only from the one involved in the transfer) is busy. Wait. Can you please tell me what is my next step in this situation?

Apply to the court with a claim for the inaction of the bailiff

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

The ex-husband transfers alimony through 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. Again a lawsuit is filed.

Write an application-complaint addressed to the senior bailiff. With a new lawsuit.

Alimony goes to the deposit of bailiffs, they have all my account details, but the money does not come because they do not have a permanent accountant, how can I solve the problem.

Complaint to the management of the bailiffs

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

If the bailiffs are inactive in relation to the recovery of funds from him, it is necessary to appeal against their inaction, their leadership, the prosecutor's office or the court. In addition, you have the right to recover a penalty for alimony. According to Art. 115 of the RF IC If a debt is formed due to the fault of a person obliged to pay alimony by a court decision, the guilty person pays a penalty to the alimony recipient in the amount of one second 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 from the FSSP non-pecuniary damage and a penalty for withholding your funds. Money can also be credited to your account, why do you need a deposit of bailiffs? Solve this issue without their deposit

What should I do if the defendant transferred money to the deposit of bailiffs and the bailiff is in no hurry to pay them to me for 10 months, they have already applied to the city. The court, twice to the arbitration court and even to the prosecutor's office, but there is no result.

Write a complaint to Artur Olegovich Parfenchikov

He transferred alimony to the deposit of the bailiff service. Three years have passed, where the claimant lives is unknown. In accordance with Art. 110 s-na On enforcement proceedings, the money must go to the budget. What next. The claimant will show up and everything will be all over again? How to prevent money from going to 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 the alimony was collected. In any case, you fulfilled your obligations under the executive document and transferred the money to the bailiff.

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

You can file a written complaint with the head of the bailiff service

Money for a LLC came to the bailiff service for a deposit, I have a power of attorney from this LLC, with a living seal, with the right to receive the property (money) awarded, the bailiffs say that the power of attorney must be notarized, the notary says that nothing of the kind is needed if there is a power of attorney from jur. persons with the listed powers, then you can receive money on 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.

From the LLC it is not necessary to notarize, the seal of the LLC is enough

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

You can appeal the actions / inaction of the bailiffs to the senior bailiff or to the court in accordance with the procedure determined by Chapter 18 of the Federal Law of 02.10.2007 No. 229-ФЗ "On Enforcement Proceedings". Appeal against actions (inaction) of officials of the Federal Bailiff Service is carried out in a judicial manner 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 the court of actions and decisions that violate the rights and freedoms of citizens" .

Is it legal? If not, what should I do? -- Hello. The actions of the bailiff are not lawful - you can appeal them to a higher bailiff or in court. Article 123. Filing a complaint in the order of subordination executor or deputy senior bailiff. 2. A complaint against the decision of the bailiff approved by the senior bailiff, the decision of the senior bailiff, deputy chief bailiff of the constituent entity of the Russian Federation, against their actions (inaction) is submitted to the chief bailiff of the constituent entity of the Russian Federation, in whose subordination they are. 2.1. A complaint against the decision of the bailiff-executor of the division of the Federal Bailiff Service, approved by the senior bailiff, the decision of the senior bailiff of the specified unit, on their actions (inaction) is submitted to the deputy chief bailiff of the Russian Federation. 3. A complaint against the decision of the chief bailiff of a constituent entity of the Russian Federation or the deputy chief bailiff of the Russian Federation, their actions (inaction) is filed with the chief bailiff of the Russian Federation. 4. A complaint against the decision of an official of the bailiff service, his actions (inaction) can be filed both directly with a higher official of the bailiff service, and through an official of the bailiff service, the decision, actions (inaction) of which are being appealed. 5. Officials of the bailiff service, the decisions whose actions (inaction) are being appealed, send a 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, action (inaction) is not authorized to consider it, the said official is obliged to send a complaint within three days to an official of the bailiff service authorized to consider it, notifying the in writing by the complainant. 7. The person who filed the complaint may withdraw it before a decision is made on it.

Both 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 02.10.2007 N 229-FZ. The form and content of the complaint filed in the order of subordination are given in Article 124 of the Federal Law of 02.10.2007 N 229-FZ. The complaint is filed within 10 days from the moment when the person learned about the illegal action (inaction) of the official. An application to challenge the decisions of an official of the bailiff service, his actions (inaction) is filed with the court in the manner prescribed 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. An appeal against the actions (inaction) of officials of the Federal Bailiff Service is carried out in accordance with the procedure determined by Chapter 18 of the Federal Law of October 2, 2007 No. 229-FZ "On Enforcement Proceedings". An appeal is also possible in a judicial proceeding 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 of actions and decisions that violate the rights and freedoms of citizens", Art. 441 Code of Civil Procedure of the Russian Federation.

Hello! Appeal against the inaction of the Federal Bailiff Service of the Russian Federation to a higher authority or to a court.

BM transferred the debt on alimony to the deposit of bailiffs, the bailiffs have unreasonably not transferred this amount of alimony to me for 2 months. Whom to sue for a penalty for the period when the money was on deposit?

Here the fault of the bailiffs

On deposit with 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 term is overdue. The bailiff does not transfer money and does not make contact. Please help me to correctly write a COMPLAINT!

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

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

My money has been on the bailiff's deposit for a month, which the bailiff was obliged to return to me, because. the accounting department sent the money 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. Apply in writing 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 bailiffs have the right to keep 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 cases stipulated by the legislation of the Russian Federation cases, the execution of other documents in order to protect the violated rights, freedoms and legitimate interests of citizens and organizations. By virtue of h. 1 Article. 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, the funds recovered 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 unit, except as 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 to the deposit account of the bailiff unit. In the absence of information about the bank details of the recoverer, the bailiff notifies the recoverer of the receipt of funds to the deposit account of the bailiff unit. The funds not claimed by the claimant are kept in the deposit account of the bailiff unit for three years. After the expiration of this period, these funds are transferred to the federal budget.

Part 5 Art. 107 of the Federal Law "On Enforcement Proceedings" indicates: "The funds received from the sale of the debtor's property and remaining after the reimbursement of the costs of execution are returned to the debtor. The funds not claimed by the debtor are stored in the deposit account of the bailiff unit for three years. After this period These funds are transferred to the federal budget. Art. 110 FZ states: "1. The funds recovered 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 unit, except as provided for by this Federal Law. 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 to the deposit account of the bailiff unit. on the receipt of funds to the deposit account of the bailiff unit. budget".

bailiffs have the right to keep on their deposit funds from the sale of seized property, and the term for this is not established by law. Part 4 Art. 80 of the Federal Law of October 2, 2007 N 229-FZ "On Enforcement Proceedings" (hereinafter - Law N 229-FZ) determines that the seizure of the debtor's property includes a ban on disposing of property, and, if necessary, restriction of the right to use property or seizure of property. Thus, the very seizure of the debtor's property does not mean its alienation, that is, the transfer of ownership of it to another owner. Therefore, the accounting of the seized property until the moment of its sale at the auction is carried out by the debtor organization in accordance with the generally established procedure. Paragraph 4 of Art. 161 of the Tax Code of the Russian Federation provides that when confiscated property, property sold by court order, etc., is sold on the territory of the Russian Federation, the tax base is determined based on the price of the property (values) being sold, determined taking into account the provisions of Art. 40 of the Tax Code of the Russian Federation. In this case, bodies, organizations or individual entrepreneurs authorized to sell the said property are recognized as tax agents. Thus, we believe that when selling the debtor's property at auction, the provisions of paragraph 4 of Art. 161 of the Tax Code of the Russian Federation. This point of view is also confirmed by the explanations of the Ministry of Finance of Russia (see, for example, letters dated 11.11.2009 N 03-07-11/300 and dated 11.06.2009 N 03-07-11/155). In a letter dated 06/11/2009 N 03-07-11 / 155, experts from the Ministry of Finance of Russia also note that, by virtue of clause 1 of Art. 168 of the Tax Code of the Russian Federation, when selling goods, tax agents, in addition to the price of the goods sold, are obliged to present the corresponding amount of VAT for payment to buyers. At the same time, tax agents calculate, withhold from the taxpayer (debtor) and transfer the amount of VAT to the budget (clause 1, 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 registers of received and issued invoices, books of purchases and books of sales when calculating value added tax, approved by Decree of the Government of the Russian Federation of 02.12.2000 N 914).

Igor, the transfer (issuance) of the collected funds is carried out within five business days from the date of receipt of funds to the deposit account of the bailiff unit. In the absence of information about the bank details of the recoverer, the bailiff notifies the recoverer of the receipt of funds to the deposit account of the bailiff unit.

Dear Igor. According to Part 1 of Art. 110 of the Federal Law of 02.10.2007 N 229-FZ "On Enforcement Proceedings", the funds recovered 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 unit, for with the exception of 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 to the deposit account of the bailiff unit. In the absence of information about the bank details of the recoverer, the bailiff notifies the recoverer of the receipt of funds to the deposit account of the bailiff unit. From the analysis of these norms, it follows that these enforcement actions must be performed 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 on the deposit account of the bailiff unit. Keeping funds on the SSP deposit is three years, i.е. within the time limit for the presentation of the writ of execution.

The total period during 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 of this, 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 a proposal to keep this property. If the claimant refuses the debtor's property or if he fails to notify him of the decision to leave the unsold property for himself, the property is offered to other claimants. In the absence of such or the absence of their decision to leave the unsold property for themselves, it is returned to the debtor. The date of completion of the process of selling the 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 has been withdrawn and has not been transferred for sale, the date of the decision to recall seized property from sale. Thus, the sale of the arrested property of the debtor is carried out in accordance with the procedure and terms 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 has transferred alimony to the bailiff's deposit and the bailiff has not been in a hurry to pay them to me for a month already?

file a complaint with the head of the SP service

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

The bailiff service, since September 2012, we have not been transferring alimony to me, although they are on deposit. The delay is 5 months. In response to my appeal, the OSB replied to me, I quote: It is not possible to transfer the specified funds due to the fact that there is an error in the AIS FSSP of Russia software package Account control failed. The account key does not match the calculated key This issue cannot be resolved Tell me what to do. Firstly, this is a long non-execution of a court decision, and secondly, the rights of the child are affected here.

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

What sanctions can be applied to the bailiff service if the debtor has deposited money (in case of non-payment of alimony since July 2010) from 08/26/2011. And the creditor was paid on March 22, 2012 with an explanation that the funds were not transferred to the creditor due to the absence of the creditor's current account. Did the creditor during this period (since 2010) 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. 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.

Despite the fact that the new version of the Federal Law FZ-No. 229 dated 02.10.2007 “On Enforcement Proceedings” (hereinafter referred to as the Law) has been in force for more than two years, there are still many interesting problems that arise in the course of law enforcement .

Consider the following situation. There is a debtor LLC Dolzhnik, which is also a recoverer in another enforcement proceeding. It does not matter whether the same territorial department of bailiffs executes these enforcement proceedings, or they are located in different departments.

The task is that the bailiff, who executes enforcement proceedings against Dolzhnik LLC, became aware that in another enforcement proceeding, where Dolzhnik LLC is a recoverer, funds were recovered, and they are on the deposit of the territorial department bailiffs.

It would seem that it could be simpler, here they are the money, take it and satisfy the requirements of the claimant. However, not everything is so simple, and in practice, there was a problem with foreclosure on these funds.

The bailiff who collected the funds in favor of Debtor LLC, from the moment the funds were received on deposit, had an obligation to transfer to our debtor within 5 days (part 1 of article 110 of the Law).

The simplest solution could be to send to the debtor's account, where the collected funds will be transferred, a decision on foreclosure on the funds of the bailiff.

However, there may be other unpaid payment documents on this account, for example. the tax authority, which have the fourth priority of debiting funds, and therefore the transferred funds will be used to pay off these documents, and not to execute the decision of the bailiff to levy collection on funds (fifth priority of debiting).

Another option for solving the problem could be the decision of the bailiff to levy execution on the property right of the debtor, namely the right to claim as a recoverer under a writ of execution (clause 2, part 1, article 75 of the Law). However, the money on the deposit of bailiffs cannot be regarded as a right to claim under the executive document. The right to claim arises from the unfulfilled monetary obligation of the counterparty of our debtor. In our case, the monetary obligation has been fulfilled, and the funds are on deposit with the territorial bailiff department. Thus it is pecuniary obligation terminated on the basis of Part.1 Article. 408 of the Civil Code of the Russian Federation, its proper execution. Since there is no pecuniary obligation, it is also impossible to foreclose on the right of claim arising from this pecuniary obligation.

The next option is to issue a ruling on foreclosure on the debtor's funds that are on deposit with the territorial bailiff department. It is also impossible to do this, since in accordance with Part 2 of Art. 70 of the Law, foreclosure on the debtor's funds is possible only on those that are on the debtor's account with a bank or other credit institution. The deposit of the territorial department of bailiffs is not a debtor's account, but is a special account for the temporary storage of debtors' funds and funds received from other sources.

Foreclosure of funds is a measure of enforcement (clause 1, part 3, article 68 of the Law). As follows from the systematic interpretation of paragraph 11 of part 3 of Art. 68 of the Law, enforcement measures can only be those specified in the law or in the executive document.

Thus, the bailiff is not entitled to foreclose on the funds held on the deposit of the territorial department of bailiffs. This position is supported by jurisprudence. Thus, the Supreme Arbitration Court of the Russian Federation, in its ruling dated February 8, 2010 No. VAC-918/10, indicated that “..based on a systematic interpretation of this rule of law (Article 81 of the Law - note A.Sh.), it follows that arrest may be imposed by a bailiff-executor only on the debtor's funds held on the accounts of the debtor or on a special account of a professional participant in the securities market ... ".

So where is the exit? The money is there, but you can't take it. It seems correct, in this case, to use the institution of foreclosure on property held by third parties. The debtor's funds on the deposit of bailiffs are nothing more than the debtor's property in temporary possession of third parties (territorial bailiff department)

In accordance with Part.1 Article. 77 of the Law, foreclosure on the debtor's property held by third parties is carried out on the basis of a judicial act. Either the claimant or the bailiff himself can apply with this application (part 2 of article 77 of the Law), and it is considered by the court within 10 days from the date of receipt. In order not to violate the provisions of Part 1 of Art. 110 of the Law, obliging the bailiff to transfer funds from the debtor's deposit within 5 days, an application for securing a claim in the order of Ch. 13 Code of Civil Procedure of the Russian Federation (in the form of seizure of the debtor's funds on deposit.)

An application for securing a claim is considered by the court on the day of its receipt (Article 141 of the Code of Civil Procedure of the Russian Federation), and thus, the provisions of Part 1 of Art. 110 of the law will not be violated.

In conclusion, I would like to note that it would not be superfluous to introduce amendments to the current legislation that would allow the bailiff to independently levy execution on the debtor's funds on deposit with the territorial bailiff department. Thus, the burden on the courts is removed, efficiency is increased and the deadlines for fulfilling the requirements of the executive document by the bailiff are reduced.

Transferring money to bailiffs does not always mean their immediate transfer to the recoverer. Practice shows that funds are often delayed on the deposit for a long time. Consider what laws govern this issue and how to respond in different situations.

Bailiffs deposit account - what is it?

Debt collection in the framework of enforcement proceedings occurs through the bank account of the bailiffs. This is a deposit account to which the debtor transfers money in the required amount within the time allotted for this.

For security, the interaction does not take place directly, but through the deposit account of the joint venture (bailiff). Also practiced is the forced collection of property or the debiting of funds from the debtor's bank accounts.

After the receipt of money on the deposit account of the territorial division of the bailiffs, the obligation is considered to be properly executed. Thus, the debtor is released from obligations under the executive document.

The regulatory framework of the issue is covered in Article 110 of Federal Law No. 229-FZ “On Enforcement Proceedings”.

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 is very often encountered - money is delayed in the deposit account of the OSB (Bailiffs Department) for various reasons. There may also be delays and errors due to human error.

Terms of money transfer from the bailiff

The law obliges bailiffs to carry out the transfer (transfer) of money in a timely manner. This can be found in paragraph 1 of Article 110 No. 229-FZ. It states that the transfer of funds from the bailiff to the recoverer must occur within 5 operational (banking) days from the moment they are credited to 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 its obligations within the specified period, then this is a violation of the law. In this case, the FSSP is responsible for the delay.

The 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 requirements of the recoverer, as well as his costs for enforcement actions;
• payment of other costs related to enforcement actions;
• payment of performance fee;
• payment of fines that were imposed on the debtor in the course of fulfilling the requirements under the writ of execution.

If all of the above requirements are met, the balance of the account will be returned to the debtor.

Why the bailiff-executor does not transfer money

The reasons for the delay in the transfer of money from the account of the JV department may be different. In each individual case, various circumstances are called - from the vacation of an accountant 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 on the account of the bailiffs was stuck due to the fact that there was a change in the head of the main department of the FSSP. The senior bailiff has not yet issued his signature, so I have been waiting for a month”, legal forum.

“The amount of money has been on the OSB account for a month and has not been transferred. They immediately said that there was a mistake in the details and everything would be quickly settled, then that the bank was not making the payment, etc. The boss and the accountant are out of reach, as they simply do not pick up the phone.

In the end, I personally came to an appointment with the head of the PCB, 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 claimants will receive their money, and only because of some kind of program”, Andrey, legal forum.

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

Video: Withdrawal of funds

Can I claim compensation?

Often, money from the joint venture does not come within 5 business days, or even a whole month or two. This can be regarded as a cause 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 recoverer. The fact is that those relations that arose between the plaintiff and the bailiff do not belong 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 recovered.

Responsibility of the bailiff for the delay in transfer

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

There are two ways to appeal:

• in order of subordination - through filing a complaint with the FSSP;
• in a judicial proceeding - through filing a lawsuit against the inaction of a bailiff.

Challenging the inaction should be directed to the senior bailiff. This person is obliged 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 occur. In the case when the joint venture transferred money to the wrong account and refuse to return it, you need to write a complaint to the FSSP.

The complaint is drawn up in any form, indicating:

• the name of the organization to which the complaint is filed;
• your data: address, full name, home and mobile phone;
• the essence of the reason for the complaint with a detailed description of the situation;
• their requirements: 1) deal with the error; 2) return the money.

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

How to find out a debt from bailiffs?

It is most convenient to find out about the presence or absence of debts on the official portal of the FSSP. 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 the 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.

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

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

If there is no data on the FSSP website

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

• the person has no debts;
• the debt has been repaid;
• the court's decision had not yet been handed over to the bailiffs.

It is also useful to carry out such a search by your own name before a planned trip abroad or taking a loan in order to avoid possible problems.

The 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 legally appealed - this will help you get money from the debtor faster.