Unfortunately, the vast majority of court decisions are not enforced by debtors on a voluntary basis. In this regard, as practice shows, the longest and most debilitating stage in the completion of court proceedings is the enforcement of the announced decisions and the procedure for collecting debt by the bailiffs. Legal regulation in relation to the activities of judicial officers is carried out in accordance with two federal laws No. 118 and 229-ФЗ. So, we will consider the main points of the process of compulsory execution of judicial standards and other documents of authorized bodies.
This article describes the procedure for collecting debt by bailiffs.
Proceedings to institute proceedings
One of the steps in the order of actions of the bailiff to recover the debt is considered as the issuance of the decision and the emergence of enforcement proceedings. Within the framework of the written application of the claimant, as well as, relying on the writ of execution, judicial officers issue decisions on the commencement of the relevant production process.
Judgment
This document must be submitted within six days from the date of arrival of the writ of execution to the bailiff service. At the same time, the writ of execution and the application are transmitted to the bailiff within three days from the date of receipt of the said papers in the judicial department. Further, the representative of the law makes a decision on the process of initiating legal proceedings or on the refusal to commit such.
How do bailiffs collect debts? This question interests many.
The bailiffs are obliged to send the decision, both to the collector, and to provide it to the debtor and inform them of the procedure for collecting debts in court. This document fixes the period for a possible voluntary execution by a citizen of a court decision. This period is usually five days from the date the debtor receives the relevant order.
As soon as five days pass for voluntary execution, bailiffs, according to the law, apply measures for the enforcement of debt collection. The legal framework contains a huge list of cases for refusal to initiate enforcement proceedings, which is given in article No. 31 of the Federal law.
As part of the executive production process the provision of the necessary securities is made without a statement from the claimant, and the expiration of the time period for presenting a document that requires speedy implementation is also related to this process. In such a situation, the bailiff within three days from the date of arrival of the executive documents to him shall make a decision refusing to initiate judicial actions.
Definition of property held by the debtor
As part of Article 64 of the 229th Federal Law, bailiffs have a wide range of powers. These representatives of the law send their requests to Gostekhnadzor, Federal State Institution “Land Cadastral Chamber”, the State Traffic Safety Inspectorate, as well as to FSUE Rostekhnadzor to determine the ownership of the debtor. That is, it is clarified whether the person in the economic application and operational management of vehicles, or real estate or land.
Other actions of court bailiffs to collect debts
In addition, the aforementioned law gives the judicial officer the right to enter non-residential premises. Permission for such actions shall be issued to him by the senior bailiff on the basis of the necessary papers in writing. He can also, according to the cited document, enter without permission the debtor into the dwellings occupied by such a person, and in addition, an authorized judicial officer can inspire recoverers or evict debtors.
Ensuring the integrity of the debtor's property or debt collection
Preservation of property until foreclosure is an actual seizure of property of the debtor. The prohibition to dispose of things is carried out in order to ensure the implementation of a legal decision in order to prevent the loss of valuables, which in the future are likely to be seized on the basis of a court order. How do bailiffs recover debt? This is a common question recently.
From the point of view of enforcement proceedings, the legislation distinguishes only two types of arrest:
- arrest as an independent enforcement measure, which is used exclusively for the purposes pursued by a judicial act on the arrest of property;
- the arrest, which is imposed on the property values of the debtor, in order to ensure the execution of a legal document that contains the requirements of the appropriate penalties, that is, it is a kind of so-called interim measure.
An injunction to leave the debtor abroad
If a citizen fails to comply with all requirements within the time period established for this voluntarily, and also without valid reasons for the collection of an executive document, the total amount of debt for which exceeds ten thousand rubles, the judicial officer has every reason to put a ban on the debtor's departure outside Russian Federation. Thus, the minimum amount of penalties in such situations, starting in June 2013, is ten thousand rubles.
Debt recovery
The procedure for the collection of funds of a citizen in debt is clearly stated in Article 70 of the Federal Law. There are several methods that are used to confiscate property, namely:
- forced debiting of finances from all accounts of the debtor;
- confiscation of money from the cash desk of the institution with the subsequent drawing up of the necessary act;
- the direction of the decision of the bailiff to withhold property or cash from the salary of an individual.
It is important to note that in situations where a non-property judgment is not enforced, the fee from an individual or individual entrepreneur is usually set at five thousand rubles, and from the organization this amount is ten times more. These nuances are reflected in Article No. 112 of the 229th Federal Law of the Russian Federation.
Judicial debt collection or deduction from the debtor of the enforcement fee
According to Article No. 112 of the 229th Federal Law, in situations where the obligated person fails to fulfill the tasks of the decisions made in the judicial document within the time allotted for this for voluntary implementation, the so-called fee is withheld from him.
The performance fee is calculated in the amount of seven percent of the total debt, but not less than one thousand rubles from an individual or individual entrepreneur and ten thousand from a debtor-institution.
It is hardly worth mentioning that for a conscientious citizen, a claim received against him and the procedure for collecting debt by bailiffs will only serve as a usual reminder of such a negligently forgotten obligation. In situations of pre-trial order with unscrupulous debtors, such a process causes a long time and a whole wave of negative measures, such as, for example, the withdrawal of shares or bankruptcy, which only make it impossible to fulfill the requirements. That is why, it is extremely important, first of all, to take into account the nature of mutual relations with contractors and their business reputation in solving all kinds of issues.
Thus, even though the times are changing, nevertheless, the legal protection of the legitimate interests and rights of the citizens of the Russian Federation remains the legal method for collecting debts or collecting debt on credit. The essence of this principle is based on a petition against a debtor with a lawsuit and a further recovery procedure using the judicial service as part of the enforcement proceedings.
In conclusion, it should be noted that in situations of neglect of judicial proceedings, you can also file a complaint to higher officials of the Federal Bailiff Service, as well as to the Prosecutor's Office.
This article presented the procedure for collecting debt by bailiffs.