If a person has committed a violation of the law or an infringement of the rights of other citizens, a decision can be made to forcibly withhold money from him. As a rule, a certain part of a person’s wages is written off by the bailiffs and sent to repay the debt. In the article, we consider how much bailiffs can deduct from their salaries.
Sole source of income
If salary is the only source of a person’s income, then money retention can negatively affect the level and quality of his life. To prevent a citizen from being left without funds, the law fixes the amount that can be forcibly debited. However, not everyone knows what part of wages they can withhold.
If a citizen is deducted part of the funds by bailiffs, he should familiarize himself with the main provisions of this procedure. Knowing reliable information about how much bailiffs can withhold from a salary allows a person to protect their own rights.
Forced deduction of part of the salary
In accordance with the legislation currently in force, the population is obliged to participate in the process of financing the federal budget. Money transfers to the state treasury are controlled by the accounting department of the organization. The amount of deduction to which the wages of each working citizen is subject is fixed by applicable laws.
Automatically deducted from the salary money allocated for payment:
- Personal income tax.
- Payments to the FSS.
- Deductions to the PF.
- Contributions to the compulsory medical insurance.
How many percent of the salary are kept by bailiffs and whether they are entitled to these actions is interesting to many.
Hold Features
100% of these contributions can not be called withholding. Payment is made using the organization that employed the citizen. Withheld amounts are sent to the funded pension account, to pay taxes and other purposes.
A payroll deduction can also be made if the following situations arise:
- The employee received more money due to an accounting error.
- The employee received money for the report, which he did not return in the manner prescribed by the organization.
Not all know how much bailiffs can deduct from their salaries.
Write-offs must be carried out exclusively on legal grounds. If there are none, the action can be considered unlawful. A citizen has the right to challenge the decisions taken in order to return the funds withheld.
Withholding part of the salary according to the writ of execution
In accordance with the law, bailiffs are allowed to write off part of the funds and send them to pay obligations under the writ of execution, which is issued on the basis of a court decision. This happens when a person is indebted to third parties, the state, organizations.
It is worth noting that money can be levied when a citizen was assigned the responsibility to preserve material assets, and he lost them in some way (lost, committed damage and so on).
The value of the property will be deducted from the salary, if there are grounds confirmed by documents.
How much bailiffs can withhold from salaries and whether they have the right to do so, everyone needs to know.
What governs the process
The following papers can regulate the retention process:
- Performance list.The specified document is used much more often than others. Based on it, a certain part of the debtor's salary can be deducted. A writ of execution is provided on the basis of a court decision.
- The court order. This paper is also executed on the basis of a court decision. When a debt arises, a person has the right to appeal to court. Documents should be submitted to the authorized bodies that can confirm the occurrence of the debt, as well as its size. Subject to the court decision, a writ of execution is provided. A court order allows you to write off part of the money and send it to pay off debt.
- Notarized agreement confirming the desire to voluntarily pay child support. In practice, collection under such a document is very rare. Conclude an agreement voluntarily. In order to automatically pay child support payments, the citizen transfers the document to the accounting department of his employer. Authorized employees, on the basis of the paper, independently transfer funds to repay the obligation.
- The ruling of the bailiffs. You can only hold funds if you have the appropriate document.
This list is not exhaustive. Other securities that may serve as the basis for the deduction of money are also fixed by law. The list depends on the features and characteristics of the situation.
how many percent of the salary is kept by bailiffs by law, we consider below.
Salary retention mechanism
Bailiffs may seize a payroll account if a case has been opened and a decision has been issued allowing the funds to be debited. When the bailiff receives the paper, he sends it to the place of employment of the debtor.
As a rule, the decision contains the following information:
- Place of employment of a citizen having a debt.
- The legal address of the organization in which the debtor is employed.
- Mailing address.
- Basic information on legal proceedings.
- Data on the decision, which was adopted by the court.
- The amount of money that can be held.
In addition, all necessary documents are sent to the employer by mail. They must be sent by registered mail.
As a rule, all papers received from bailiffs are transferred to the head of the organization, who signs them and passes them to the accounting department for execution.
Most often, organizations seek cooperation with bailiffs, and therefore comply with all existing requirements.
After receiving the documentary basis, the accountant makes the necessary calculations based on the executive requirement. As a result, the citizen’s wages will decrease.
After the debt is repaid, the citizen will begin to receive the same salary. If a citizen believes that too much money is being deducted from him, he can consult with a lawyer in this regard.
How much percent of the salary is kept by bailiffs
As a rule, the actions of these employees are fully consistent with the law. They have the right to write off part of the remuneration of a citizen in the following cases:
- The existence of a writ of execution, allowing to claim the amount indicated in it.
- Availability of information on the place of employment of the debtor.
- The amount outstanding under a loan or other obligation exceeds 10 thousand rubles.
- A person does not have property or funds that can be used to repay the resulting debt.
It is important to find out in advance how much bailiffs can withhold by law.
Who controls
The FSSP employee will control the retention. The specialist sends a writ of execution to the postal address of the employer of the indebted citizen. The document is the basis for withholding or writing off money and sending it to pay off debt.If a citizen makes a decision on dismissal, information about this is transferred to the FSSP. After employment, a writ of execution will be sent again to a new place of work.
How many percent of the salary are bailiffs rightfully holding?
For a debtor with children, bailiffs have the right to write off up to 30% of the total amount received. If a citizen brings up a child alone, then the maximum amount of deduction is 25%. If the debtor has no children, then write off no more than half of all received wages.
What is not subject to retention
Bailiffs may not use all of their funds to pay off debts. In accordance with the law, withholding cannot be imposed on:
- Supplement received by a person working in conditions of harmful work.
- Benefits and payments provided in connection with the birth of a baby.
- Benefits that are provided as a result of industrial accidents in connection with an illness of a professional nature.
- The payment received due to a reduction in the organization.
In addition, funds cannot be withheld from a citizen who has children under 3 years old.
The organization that received the writ of execution does not have the right to refuse to comply with the resolution specified in it. In this regard, the opportunity to settle the issue of debiting money with the head of the organization disappears. Experts recommend negotiating with the bailiffs. Previously, FSSP employees received monetary incentives for the execution of a court decision. Currently, this practice has been canceled, so there is an opportunity to negotiate with the bailiff, discussing the most favorable terms of debt repayment.
Now it’s clear how much interest bailiffs can withhold from their salaries and whether they have the right to do so.
Appeal Procedure
Knowing how much legislatively can be deducted from the salary, a citizen gets the opportunity to control the legitimacy of the actions of the FSSP employees. The maximum amount to be withheld under a debt obligation is 50% of the debtor's salary.
If a citizen suggests that the cancellation is unlawful, then he can appeal to the courts. For this, it is necessary to prepare documents proving the illegality of actions. If there are no such papers, you cannot count on a positive decision.
How many percent of the money the bailiffs can keep from the salary, everyone should know now.
To contest the amount debited, the citizen should submit the following documents:
- Certificate of salary.
- Documents confirming disability.
- A certificate that confirms the presence of a serious pathology.
- A paper that confirms that the debtor alone is raising a child.
- The document that the debtor provides care for the disabled.
- An agreement with a bank for a loan or other documents confirming the correctness of the debtor.
Less living wage
Current legislation does not allow seizure of a citizen’s salary if it is less than the cost of living. In this case, dependents are taken into account, if any, of the citizen. Having prepared the necessary documentation, a person should write an application to cancel the deduction or reduce its amount.
We examined how much bailiffs can deduct from their salaries.