What do bailiffs do? Who are the bailiffs?

Many people know what bailiffs do. You do not need to have a specialized legal education to understand this. However, some citizens who face legal proceedings or do not comply with a court order have to get to know them for the first time. Let's see what the bailiffs are doing, what is their role?

Task

Bailiffs begin to work if a citizen refuses to comply with a court order or evades the fulfillment of his obligations on a voluntary basis. Given the fact that a court order must be carried out without fail, bailiffs are vested with broad powers. In various ways, they can act on the debtor to comply with a court order or order.

Essence of the work

So, now we know what the bailiffs are doing. Most often, they have to work with debtors on utility bills, alimony, taxes, fines, loans, etc. There have been a lot more lawsuits against them lately.

After the court has recognized the obligation to pay the debts as legal, and the plaintiff’s claims are objective, the decision is sent to the bailiff service. It is she who takes all measures to enforce the judgment in a short time. In this case, the debtor may voluntarily pay off the obligations within the time period established by the service.

You can find out about the availability of debt through a special service, which is available on the official website of the service. There you can pay the debt, which greatly simplifies the process of collecting debt and the work of bailiffs.

Law

Given what the bailiffs are doing and what measures they apply to debtors, legal regulation of their activities is necessary. To this end, there are special regulatory legal acts regulating the work procedure of the FSSP and its representatives. In particular, we can distinguish:

1. Law No. 118.
2. Law No. 229.

The first law defines the general position of the service and the legal status of officials, their system of subordination, duties, rights. The second explains the practical application of the service, that is, it explains what the bailiff department does. The bailiffs are guided by these two legislative acts in carrying out their activities.

Rights and obligations

FSSP employees are endowed with sufficiently broad powers that allow for more effective implementation of the goals and control the execution of the debtor's judgment. In particular, they were given the right to enforce a court order in respect of a debtor. The bailiff may decide to seize the debtor's property against his debt. However, he must comply with the procedure prescribed by law. In particular, he must timely notify the debtor of the place and date of seizure of property. Such a letter is usually sent within two months after non-payment of the debt voluntarily.

The notification (letter) is addressed at the place of permanent residence. But if the debtor lives at a different address, but he did not notify the FSSP about this, then he will still be considered notified.

Making a decision on the seizure of property and notification is not all that the bailiffs are doing. The most important stage of their work is enforcement proceedings.

Forced debt collection

When performing work, bailiffs visit the debtor, which is in accordance with federal law.Moreover, the law allows employees to enter the premises owned by the debtor. If there is an obstacle, bailiffs can break open the door and open the house even if the person is absent for any reason. However, this will require the permission of the senior bailiff.

However, there are certain restrictions that are provided by law. The bailiff has no right:

1. To pay a visit in the interval 22: 00-6: 00 or to appear on a day off.
2. Threaten the health or life of the debtor.
3. To visit a person’s housing if he regularly fulfills the court order.
4. Visit the debtor, to whom the installment plan is approved by the court.

This is a list of what bailiffs are not allowed to do. It is also worth noting that the announcement of the search for the debtor may become the reason for the suspension of enforcement proceedings.

Seizure of property

One of the most popular ways of collecting debt is to seize property, which can later be sold to pay off debt. There is a Law on Enforcement Proceedings, which defines the procedure for seizing property. On its basis, property may be seized only in the presence of witnesses.

Upon seizure, the process is formalized in a special act of arrest, in which the bailiff, debtor and witnesses sign. If the debtor refuses to put his signature in the act, then an appropriate note is made about this, but the legal force of the document is not lost.

Debt collection

Since debt collection is the main thing that the bailiff service does, a strict procedure and determination of the rights of the performer are necessary. In particular, the bailiff has the right:

1. Arrest bank accounts and write off money from them to pay off debts.
2. Take measures to find bank accounts and property of the debtor. To do this, he sends requests to banks, companies.
3. Arrest property and sell it at auction.
4. Limit the right of persons with arrears to travel outside the Russian Federation.
5. Suspend the right to drive a car.

Naturally, any other actions that contradict the legislation of the Russian Federation are unacceptable. And in general, everything that a bailiff does is in accordance with regulatory legal acts.

Alimony

Unfulfilled child support obligations also fall under the attention of bailiffs. Non-payers can be affected in various ways to stimulate the payment of debts. In particular, the service can either seize property or prohibit travel outside the territory of the Russian Federation, that is, it is possible to use the same classic tools for debt collection.

It should be borne in mind that not all property items can be arrested. In particular, it is forbidden to seize:

1. Housewares (dishes, shoes, clothes, products).
2. Cash, the amount of which does not exceed the cost of living approved by the state.
3. Items used to earn money. For example, a car driver cannot be taken from a taxi driver.
4. Living space, if it is the only place to live. An exception are apartments in a mortgage.
5. Disabled property: a stroller or, for example, a special car.
6. Property of family members of the debtor in the presence of supporting documents.

What is allowed to bailiffs?

Here is a short list of what the federal bailiff service does:

1. Obtaining documents and searching for other information necessary for the search of accounts and property of debtors.
2. Granting permission to participants in enforcement proceedings.
3. Arrest of debtor accounts.
4. Seizure of property for subsequent sale.
5. Carrying out checks at the place of work of the debtor.
6. Visit to the premises owned by the debtor. If necessary, the service has the right even to break the door upon receipt of permission from the senior bailiff. Of course, in this case, a number of restrictions established by law must be observed.
7. Announcement of the debtor on the wanted list.
8. Call citizens who take part in enforcement proceedings.

Finally

We explained in simple words what the bailiffs are doing. In fact, they "knock out" debts from non-payers, however, they use legal methods established by the state for this. FSSP - this is the tool of the executive branch, thanks to which court decisions really carry a lot of weight. A court order must be enforced, and the bailiffs will take care of this. This is their primary concern.