Some people borrow when absolutely necessary. Others simply do not know how to correctly allocate their budget, and are used to asking for money from time to time. When the money is returned on time, there is no problem. But there are frequent cases in which debtors “forget” about their obligations. Then the recoverer may apply to the court, and after receiving the writ of execution - to the bailiff service. It is this authority that carries out the search for the debtor, as well as the collection of funds by force.
Pre-wanted measures
If the borrower becomes a malicious payer, the lender has to go to court to protect his legal rights and return the borrowed funds. If the court considers the creditor's arguments convincing, it will make a decision in his favor. After that, a writ of execution is issued, which should be transferred to the bailiffs.
The specialist initiates an executive case in order to implement the requirements of the court. First, the debtor is given a term (as a rule, it is 5 days) to pay off the debt voluntarily. If the situation does not change, then the enforcement procedure begins. At the same time, the debtor is sought, as well as its property and monetary assets stored in bank accounts.
Reasons for wanted
The procedure is described in article 65 of the law on enforcement proceedings No. 229-FZ. According to her, to begin the search must have the following reasons:
- Evasion of explanations by the bailiff.
- Violation of the law and non-payment of the prescribed fine.
- The termination of the transfer of alimony or repayment in the minimum amount.
- Illegal removal of a child and hiding it from relatives.
- Serious injury to human health or property.
The grounds are determined by the bailiff in accordance with the law. During the search, the address of the debtor is determined, relatives, relatives and colleagues at work are interviewed. If these actions fail, the bailiff announces the search for the debtor. The event is carried out throughout the country, and, if necessary, and abroad.
Who initiates the search
The bailiff has the right to declare a search on his own initiative when the enforcement case has already been opened. The claimant and the court also have the right to claim. In the search process, you have to overcome various bureaucratic costs, adhere to the plan, draw up a lot of documents.
The recoverer may demand that the debtor be put on the executive wanted list if one of the following grounds exists:
- If the requirements of the plaintiff are non-material in nature (regardless of value) and cannot be met without the presence of the debtor.
- If the collection exceeds the amount of 10,000 rubles, and the debtor evades payment in various ways.
The bailiff is obliged to begin the search activities within three days from the receipt of the application to the service. If it is necessary to find a child, then the execution should be organized within 24 hours. After its consideration, the bailiff makes an appropriate decision. The following information must be stated in the document:
- Date and place of birth of the debtor.
- Address of permanent and temporary registration (official as well as actual place of residence).
- Name of company - employer and contacts.
- Method for determining the amount of debt.
- Data about the collector, including contacts for communication.
The senior commissioner approves the decision, after which its execution begins. The claimant receives a copy of the document.She is also sent to the debtor at the last known address of residence.
Submission of appeal
The recoverer has the right to demand the announcement of the search for the property of the debtor even during the trial. Basically, creditors resort to this measure in case of danger of violation of their rights, as well as loss of property and all possible evasion of the culprit from legal liability.
The claimant may apply in person or through his proxy. The application for the search for the debtor can be not only written in the department of the bailiff service, but also sent by mail, through the official virtual resource of the FSSP or the State Service. It must display the following information:
- The name of the bailiff body (specific branch).
- Position and name of the appointed contractor.
- Data on the parties involved;
- Briefly on the essence of the trial with the case number.
- Data on available payments, as well as on the terms of their termination, the reasons for this, if known.
- Statement of requirements.
- The list of attached documents (a copy of the decision to initiate an executive case, a photo of the debtor, bank statement for alimony and other papers).
If the application contains errors or typos that do not affect its essence, the contractor does not have the right to refuse to accept. A sample application for the search for a debtor, which is presented in the photo below, can help in its preparation.
How is the search
The search for debtors by bailiffs begins with the publication of the decision and its approval. The requirements for execution are specified in article 33 of the law on enforcement proceedings.
The search is carried out in two main directions: by the location of the offender, and also by identifying sources for paying off the debt. All the data found are entered into a single database on executive cases by bailiffs.
The search for debtors at some point leads to positive results. Then a significant proportion of information about them is in the public domain. Of course, this negatively affects the life of the debtor. This is especially negative for legal entities, as the company's business reputation is clearly deteriorating. There are fewer customers, and there is a risk of complete ruin.
The following information is displayed in the Registry:
- Date and number of writ of execution.
- Name of individual or organization name.
- Contact information on the bailiff and the specific department of the service.
- Details of the form for the search for a person.
Request Forwarding
Bailiffs have the right to send requests to different bodies, namely:
- Banking institutions.
- The police.
- Tax inspection.
- Pension Fund.
- Social Insurance Fund.
- Local administration.
- Rosreestr.
- Housing and communal services.
- Other organizations.
The data helps to find the debtor, as well as establish its official income and the reasons for evading debt. The violator can be brought not only to administrative, but in some cases to criminal liability. This measure is applied in case of accumulation of a big debt and evidence of malicious intent.
Order of conduct
The search for a debtor in enforcement proceedings consists of the following stages:
- Drawing up a search plan.
- Distribution of requests to various state authorities.
- Search for an individual or company, as well as property.
- Carrying out control and analysis.
- Filing complaints to challenge the actions of participants in search activities.
The law does not oblige to strictly adhere to the procedure for performing these steps. Therefore, the contractor has the right to draw up its own plan, based on the circumstances of a particular case. He should provide for various factors and features of the situation.
In this case, the bailiff should not affect the rights and freedoms of citizens established by the Constitution, avoid the use of physical force and not resort to violence.He has the right to visit the last address at which the offender lived, to inspect his property, including real estate, to interview relatives, work colleagues and acquaintances.
In some cases, even detective stories may be included in events. In this case, the additional costs incurred will subsequently be included in the debt. These costs are paid by the claimant. However, he has the right to apply to the court so that these funds are compensated.
The bailiff is responsible for the unlawful actions taken, as well as the violation of the established regulations. The use of information obtained by the detective is carried out with the consent of the collector. Assistance in the search for children is provided by the media.
Application Rejection
The bailiff may refuse the claimant to satisfy the requirements. For example, if a case has recently been opened, and not all search measures have been applied, but the plaintiff is already demanding that the debtor for alimony be wanted, he may be refused.
If the bailiff makes an appropriate decision unreasonably, then he violates the rights of the applicant and impedes the repayment of the debt. The recoverer may file a complaint against him with the leadership of the territorial office of the FSSP, the prosecutor's office, and the court. The appeal should include data on the conduct of the case, the actions of the bailiff, and the reasons for the refusal. If a violation of the FSSP employee is proved, he will be held liable in the form of disciplinary action and removal from business.
The debtor has appeared
If the offender is found in the territory that has been excluded from the bailiff’s department, he can file a motion to transfer the case to another department or to expand his powers. The non-payer is allowed to be forwarded to the FSSP branch in order to comply with court orders.
The penalty is applied to all property, assets and money of the debtor found during the search, in the order of priority established by law. In addition to property owned by the right of ownership, it is necessary to determine the one that he owned recently. Perhaps some property was donated or sold. Thus, the property history of the debtor is checked.
Termination of search activities
The end of the search is carried out in accordance with the decision of the contractor in writing. This is allowed in the following cases:
- The address of the debtor has been established.
- Found his property and other assets.
- The claimant protested the search.
- Detected fraud by the claimant.
- Bankruptcy proceedings have begun.
- Debt paid off.
- The action plan is fully implemented.
- Other reasons.
The found child is transferred to another parent or other legal representative. The baby is transported from abroad with the assistance of the consulate and guardianship authorities.
If during the year the search for the alimony payer does not lead to results, the contractor informs the collector about this. Then the spouse has the right to file a lawsuit against him demanding to recognize the citizen as missing. The general terms for conducting an executive case are two months. Renewals are possible for no more than 60 days.
Conclusion
Not all debtors take the violation of their obligations seriously. However, this is their mistake, as the collector has the right to apply all legal instruments to pay off the debt. In this case, the offender is held liable (administrative or criminal). But this does not save him from paying debt, including forfeit.