Law enforcement officers. Bailiffs: rights and obligations

Enforcement proceedings considering the possibility of paying off overdue debts by citizens in favor of third parties are represented by the service bailiffs. Their task is to successfully complete the transaction, including the payment of debts at the expense of cash, bank accounts and assets individuals. At this stage, it is important to find out whether the bailiffs can describe the property of the debtor's relatives and what should family members of the bankrupt person do in such cases in order to save their property.

On what basis is the property of the debtor described?

The inability to repay obligations, failure to comply with the terms of the contract to creditors may lead to the launch of enforcement proceedings. Bankrupts, borrowers and others who are indebted run the risk of being forced to pay their bills.

The decision on the need to collect funds to pay off obligations is made in judicial order. After the issuance of the relevant decision, the bailiffs are entrusted with the functions of monitoring its execution. In this regard, the defaulter's bank accounts are taken into account first. If there is a shortage of funds, a part of the property belonging to the debtor can be sold, due to which the requirements for paying loans are satisfied.

It is not allowed to describe the following assets:

• the only housing (apartment, house, other real estate);
• personal belongings of the debtor;
• cash at the rate of the subsistence minimum for each family member;
• related accessories professional activity defaulter.

To pay off obligations, bailiffs pay attention to things in the apartment. Special attention is given to luxury goods, antiques, household appliances. The procedure for the inventory of material assets and their subsequent withdrawal is carried out. The court is authorized to seize assets on the basis of a decision.

The result of the inventory is an act of acceptance and transfer, signed by the participants in the procedure. If there are objections to the actions of employees of the executive service, these facts are also documented.

Prolonged non-payment of a debt can lead to a property inventory

Can an inventory of the property of the debtor's relatives be carried out?

The current legislation gives citizens the right not to be liable for the debts of their relatives. That is, the assets of family members in the inventory for the arrest of property should not appear.

However, it is often difficult to prove who exactly owns material values. Ownership can be determined with the help of documents, including checks.

The property of relatives who share living space with debtors is also not subject to collection. If, nevertheless, some assets are included in the inventory, the legal rights to them can be challenged in court, after which it will be necessary to remove the arrest from the property.

What to do if you described the property of relatives

Family members and relatives of the debtor are not liable for his obligations. Therefore, they cannot seize the property of the wife for the debts of the husband. But in some cases, you need to be ready to defend your case.

If it turns out that other people's things were included in the list of seized assets, the victims will need to file an application for the return of property. The review process is carried out in court.

It is allowed to declare one's rights before and after the sale of confiscated assets. In the first case, the requirement to remove the arrest is sufficient. Claims may be brought against the debtor and the recoverer. If the seized assets have already been sold, the claim is directed to the acquirer.

All disputes between the parties to the conflict are considered within the framework of action proceedings. The judicial authorities cancel the arrest and return the property when new circumstances are clarified.

In addition, injured members of the debtor's family have the right to claim damages at the expense of the bailiffs, if it is proved that the latter acted unprofessionally. For example, it is not uncommon for parents' assets to be seized to pay off a debt owed by their children. This is illegal. Relatives need to defend their rights.

The inventory of the property of the debtor's relatives is an illegal act and is subject to challenge

The wife is also not responsible for her husband's debts to the bailiffs. Her property must remain inviolable. But in situations in which the assets recorded in the husband’s name are not enough to pay off all his debts, they can confiscate material assets acquired jointly in marriage. But even in this case, only that part of the items that would have gone to the debtor spouse in the event of a divorce under the terms of the marriage contract can be described.

Can I be forced to pay a debt for a relative

In fact, the requirement to repay the defaulter's obligations from his relatives is unlawful, even at the request of banks. However, the property of relatives may be confiscated. As a rule, such operations are performed due to a misunderstanding.

To avoid controversial situations it is recommended to prepare documents for material assets subject to confiscation. In case of disagreement, your position will need to be recorded in writing when drawing up the acceptance certificate. To restore justice, the debtor's relatives have the right to resolve the issue in court.

But in some cases, the property of relatives can be forcibly seized. It is about the responsibility of parents for their minor children. The provisions of the civil codec are several options:

1. If the child has not reached the age of fourteen, the responsibility for his debts rests entirely with the parents. Their evasion of these duties would be unlawful.
2. Parents can partially or fully repay the debt of their children if the latter are not able-bodied and do not have their own sources of income. We are talking about people 14-18 years old.
3. Adults over the age of 18 are solely responsible. It would be unlawful to present additional claims to relatives.

In the event of the death of the debtor, his debts are transferred to relatives, if they decide to enter into inheritance rights. In case of renunciation of the inheritance, you will not have to answer for the remaining obligations.

Relatives of the debtor are not liable for failure to fulfill their obligations, even if they are registered in the same living space. Only minors who, due to their age, do not yet have their own income can be considered as an exception.

The arrest of the debtor's property by bailiffs will be discussed in the video:

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A bailiff is an official who enforces court decisions, as well as other legal acts, forcibly. Its activities are strictly limited by relevant laws and regulations. Let's consider in more detail this position and the duties of the person occupying it.

First, it should be noted that the bailiff is a public official. This function has implications for the enforcement of certain disciplinary and ethical principles and norms, as well as criminal and civil liability. He works for the district court where he was appointed. Its tasks include the following.

Issuance of judgments on pecuniary and non-material claims and securing claims, execution of other orders on the execution procedure, drawing up a protocol of facts before the start of the trial or before a decision is made at the request of the court or prosecutor, servicing court notices, promises of protests and complaints. All actions can be carried out by executive authorities on weekdays and Saturdays from 7 to 7.

What are the job responsibilities?

• Ensure that the parties to the trial, as well as their representatives, are familiarized with the materials of the enforcement case, provide extracts from the documentation, and also make copies of them.
• Take measures to ensure the timely, complete and correct implementation of the decisions established in the executive documents.
• Consider all applications and petitions submitted by the participants in the trial, draw up appropriate decisions, and also explain to the persons all the conditions (terms, procedure, etc.) of their appeal in case of disagreement.
• Reject themselves in cases where the bailiff himself is interested in the procedure for enforcement proceedings or if there are any grounds for doubting his fidelity and impartiality.

Regardless of the type of offence, bailiff obligated to respect all the rights and interests of citizens.

In cases where there is a need to hold certain events on a public holiday, the authority must obtain the consent of the president of the district court. It is important that activities that started before 21 o'clock can be continued if their interruption could interfere with enforcement.

Does the bailiff have the right to enter the apartment and is consent required for this?

The bailiff is required to use an identifier that includes his/her name, photo, function description, and the name of the district court in which he/she is serving. At this stage, it is important to note what the beginning of the actions of the bailiff looks like. Well, the bailiff who received the case from the creditor is not required to investigate whether there really is a basis for starting enforcement.

Obligations of a bailiff to collect alimony

In addition, the duties of the bailiff include determining the property status of the debtor. He must control his income, purchases, as well as other sources of income. All information must be noted in special documents, which can then serve as the basis for enforcement.

How to write a letter to bailiffs

The bailiff, through his actions, seeks to comply with the judgment, that is, to enforce the amount of money. The performance may be carried out, among other things, from movable property, remuneration for work, bank accounts or real estate. With the execution of the execution, the bailiff shall notify the debtor, informing him of the rank and of the persons who are being prosecuted.

Many people live in the mistaken belief that "the bailiff is in debt." The ability to conclude an agreement, release a specific asset or suspend its performance depends only on the creditor. This does not mean that the bailiff should be avoided.

Duties of bailiffs under the writ of execution

In accordance with the court decision, the following obligations may be imposed on the bailiff:

Once the bailiff has been informed of the initiation of the execution, it is important to contact him and tell him or her about his property, whether he wants to pay off the debt or make an voluntary payment. It should be noted that such actions on the part of the debtor will minimize the costs of execution. In this situation, if a party submits its assets to the enforcement agency, it will not be required to pay the costs of finding it. In the course of the proceedings, each enforceable debt must be transferred to the debtor within 4 days.

• from the person who suffered material damage to the victim;
• collect state duty;
• to recover the alimony payment established by the court;
• to reinstate persons who have been laid off illegally.

If the bailiff is delayed, he/she is obliged to pay interest on the amounts received and pending. There may also be circumstances in which the bailiff is unable to perform his duties, then he instructs them to perform his or her deputies - another bailiff or bailiff. The bailiff notifies the page of any action taken.

Main duties of a bailiff

In practice, this means more efficient execution. An important change is the introduction of legal disclosure of ownership. The bailiff will have the right to obtain a list of assets from the debtor. The list of assets will be submitted by the debtor under penalty of criminal liability, which will be debited by the debtor. If the debtor fails to appear before the bailiff due to an acquittal, refuses to answer a question or fails to submit a statement or promise, then the bailiff will be able to fine him or ask the court to enforce the debtor or even apply for a detention not exceeding one month.

Video: Powers and duties of bailiffs for OUPDS

Bailiffs are required to act within the framework of the relevant federal law. In most cases, their actions and decisions are aimed at securing a valid court decision. But many people often wonder about their powers. Some are sure that FSSP employees sometimes act contrary to the law. Therefore, it will be described in detail what rights they have in relation to debtors.

What are the rights of bailiffs?

The rights bailiffs for the most part, they are established by the relevant federal law. Here are their responsibilities. Let's list what is included in their powers:

• seize and describe any permitted property;
• search for the debtor;
• withdraw money from all known accounts;
• with the participation of police officers, they can conduct searches and seizures;
• impose bans (on leaving, registration actions, communication).

What have the right to describe the bailiffs of the debtor?

Such property includes any bank and salary accounts, pension contributions (up to 10-15%), movable and immovable property belonging to the debtor, household appliances, goods and production tools, securities, bonds, bills, bank memos, cards, agricultural and pets.

Now many take out loans, and some borrowers, for some reason, cannot repay them. Acting under the law, the creditor must initiate the opening of a court case. If the debtor is still not going to return the loan taken, then the court may issue a decision on the forced collection of the debt.

Further, the court decision is transferred to the bailiff service, they open an enforcement case on it. If the borrower refuses to return the obligations under the loan, they seize his property and describe it as a debt. The law clearly indicates that this can only be done with property that belongs directly to the borrower. This does not apply to relatives' property.

But sometimes it happens that bailiffs can come to the adult children of the debtor and begin to persuade them to pay for their parents, putting pressure on family ties. As a last resort, they frighten by the fact that they will already seize their property. So many are interested in the question, but can they do this.

Can bailiffs seize property for parental debts

Article 60 of part 4 of the Family Code says unambiguously - neither parents nor children have proprietary rights to each other's property. And this means that bailiffs will not be able to arrest the property of children for parental debts. After all, if the child is an adult, then he is already a capable citizen, and everything he owns is already his.

You can confirm this:

• Contract of sale, donation.
• Checks and receipts for purchases.
• Warranty cards, etc.

So, no matter how the bailiffs want to end the enforcement proceedings, they cannot seize property that belongs to another person.

Can bailiffs generally describe the property of children for parental debts

Unfortunately, they have such an opportunity. There are several ways in the law. Let's consider them in more detail:

• Parents with children are registered in the same apartment (parental). And there is a high possibility that the property of children will fall under the inventory. But bailiffs have no right to seize personal belongings, memorable gifts and awards.
• The child enters into the parental inheritance. In this case, the debts of the testator are transferred to the heir.
• Parents and children have joint property.
• Children act as guarantors of their parents.

In the first case, children need to prove that the described property belongs to them by right. How to do this is described above. But let's just say that it's hard work.

In the case of inheritance, the heir receives along with the inheritance and parental debts. If there are several of them, then they answer jointly and severally in proportion to the share received. Here the law will provide some assistance to the heirs:

• What was the amount of the debt at the time of the death of the debtor, so it remains afterwards. The lender can subsequently charge at least some interest, they will not be taken into account. The amount remains unchanged.
• In the case of several heirs, the amount of the debt of each must not exceed the value of the inheritance received.

In this case, the limitation period is calculated not from the moment of the death of the debtor, but from the moment the obligation for debts arises. And the death of the debtor in no way can affect this period.

Also, heirs often face bad faith of creditors when they find out about the debt just before the end of the statute of limitations. During this time, the lender usually accrues a large percentage and demands payment. So, you need to know - for the time from the death of the debtor until the moment his children enter into the inheritance, no interest should be charged.

In the second case, when parents and children own joint property, bailiffs can seize only the share of the debtor. Bailiffs do not like to deal with such a case, since it is very difficult to sell a share in property.

Another thing is when children act as guarantors of their parents when taking a loan. Indeed, in this case, children are responsible jointly with their parents. And bailiffs in this case can rightfully seize the property of children for the amount of the debt. The only thing that children can do is to sue their parents after they pay off the loan they took.

What to do in these cases

In order not to have to “fight” with the FSSP and not think about how to remove the arrest from the car imposed by the bailiff, the children of debtors need to make sure that the parent has no debts before stepping into the inheritance. Lawyers suggest the next way out of the situation if debts are found out - renunciation of the inheritance. Especially if it is not of particular financial value. In this case, the law is powerless - the children did not become heirs. This means that no debts of the testator are transferred to them.

In addition, even if the bailiff describes the property of the children, based only on kinship and cohabitation, children have the right to appeal the decision of the FSSP employee in court. This right is granted by Art. 119 FZ (On enforcement proceedings). According to this article, in addition to recognizing the arrest as invalid, the appealing party has the right to demand compensation for the physical or moral damage that the bailiffs inflicted on it during the inventory of property.

But it is best to resolve this issue through an experienced lawyer who has already handled similar cases.

In conclusion, it must be said that the bailiffs who came with the inventory must be checked. First, it can be collectors in a similar form. Secondly, the bailiffs themselves, wanting to close the case faster, can describe the property without judgment. And this is illegal. But if you sign the act, then they kind of get the consent of the children to pay the debts of their parents. Here it must be said that creditors do not care who the money came from, the main thing is to repay the debt.

What can bailiffs take for credit debts? They won't take anything, at least not on their first visit. They only describe the property that the debtor will have to keep. Almost everything is included in the inventory list, except for a certain category of things, which include: food products that do not exceed the minimum wage in value, children's things, third-party things located in the debtor's apartment, a refrigerator and stove, if they are in a single copy, etc. d. If the client does not pay the money within 10 days after the inventory, the bailiff may initiate the procedure for the recovery and subsequent sale of the described property.

What law regulates the activities of bailiffs in Russia?

The activities, norms of behavior, powers and other duties of bailiffs are described in the Federal Law No. 118 of July 27, 1997 “On bailiffs”.

There is also Federal Law No. 229 of October 2, 2007 "On Enforcement Proceedings". The law regulates the powers, rights and obligations of representatives of this executive body, which does not interfere with the debtors themselves. In this case, they will be able to learn about all the nuances of the recovery procedure, about the legal and illegal actions of the bailiff, and they will be able to protect themselves in case of unpleasant or controversial situations.

Debt collection process through bailiffs

It all starts with the fact that the creditor, who won in court, brings a writ of execution to the bailiff's office of the district in which the debtor is registered.

After making sure that the writ of execution does not contain errors and complies with the norms of the law, the bailiff accepts it for execution and begins proceedings. In the name of the borrower, a new enforcement proceeding is opened in the FSSP database.

After that, the bailiff sends the borrower a letter (regular, not registered) by Russian Post with a decision to open enforcement proceedings in his name. Such a letter sets out the reason for opening an IP (a judicial act on the collection of overdue debts), explains the rights and obligations of the debtor, etc. The bailiff also gives the client a 5-day period after receiving the letter, during which he must appear at the FSSP branch in his city.

If the borrower ignores the letter and does not arrive within 5 days, the bailiff issues an order to seize the borrower's accounts in the country's largest banks: Sberbank, Rosselkhozbank, VTB-24 and others. Requests are not sent to all banks. For example, bailiffs do not send an order to freeze accounts to Home Credit or Tinkoff.

Accounts will be frozen for the amount owed by writ of execution+ 7% of the amount - to bailiffs. The point is that if the debtor set time does not voluntarily repay the entire amount of the debt without good reason, the bailiff has the right to issue a decision on the imposition of an additional fee in the amount of 7% of the amount of the debt. This is regulated by Article 81 of the Federal Law “On Enforcement Proceedings”.

If the client ignores the arrest of bank accounts, does not come to the bailiff department, does not agree on an installment payment, etc., then the bailiff may initiate a departure at the place of residence of the borrower. As a rule, it is the representative of the bank who insists on such trips, because the bailiff himself has enough other cases related to the recovery of alimony.

The bailiff arrives accompanied by a representative of the bank and 1-2 employees. On the spot, a representative of the executive branch inspects the property located in the apartment and makes an inventory of valuable things that belong to the borrower and are not on the list of prohibited items for seizure.

An inventory of property is simply a listing of things on paper that can later be foreclosed for subsequent sale and the direction of money to pay off a debt.

The inventory means that things remain in the borrower's apartment for storage. He can continue to use them, but at the same time he cannot sell, give away, donate, spoil, etc.

On his first visit, the bailiff simply describes the property, and does not take it away. He also conducts an explanatory conversation with the borrower, finds out why he does not make contact, etc.

The inventory of property takes place in the presence of witnesses. There must be at least 2 people. It can be neighbors of the debtor, any third parties. If, after an inventory of the property, the debtor begins to slowly pay the debt, the bailiff will no longer come to visit.

If the borrower continues to renounce the debt, then within 3-6 months you can wait for the re-arrival of the bailiff, but in order to take all the previously described property and put it up for auction.

How to avoid the arrival of bailiffs at the address of registration?

Agree that it is not very convenient when bailiffs come to your house, go to the neighbors and describe the property. There is a scenario in which the client can avoid the arrival of bailiffs. To do this, you need to come to the FSSP branch in your city immediately after receiving a letter with a decision to initiate enforcement proceedings.

The borrower needs to make contact with the bailiff, show that you are interested in repaying the debt and are not hiding, it’s just that your financial situation does not allow you to return the entire amount at a time. Bailiffs are people too and understand everything perfectly.

At the branch, the debtor needs to write a statement addressed to the head of the FSSP stating that he cannot pay the entire amount of the debt at a time for a good reason. For example, lack of work, official income, being dependent on young children, receiving the status of a low-income family, etc. The application must indicate the feasible amount that the debtor will monthly and guaranteed to pay off the debt.

If the debtor fulfills the promises indicated in the application, the bailiff will not arrest the accounts and will not come to the registration address for an inventory of the property.

This option is suitable if there are good reasons. If the borrower has a normal job with a good salary, then the only thing that can be negotiated with the bailiff is the collection of 25-50% of the monthly salary to pay off the debt.

When can bailiffs arrive?

Federal Law No. 229 “On Enforcement Proceedings” strictly regulates the time frame for visiting debtors by bailiffs at the address of their permanent registration. According to Article 35 of the mentioned federal law, bailiffs can come to the address of residence/registration of the debtor only on working days. That network, from Monday to Friday. Weekends and public holidays are not included in this list.

Visiting time is also regulated. The bailiff can come from 06:00 to 22:00 local time. Visiting at other times is illegal. If the debtor knows in advance about the day of the arrival of the bailiff, he can offer him a convenient visit time.

What can bailiffs describe in the debtor's apartment?

Descriptions are subject to:

1. Luxury items (antiques, paintings by famous artists, things of cultural and artistic value, etc.)
2. Jewelry and jewelry made of precious metals
3. Household appliances that a person can do without (microwave oven, toaster, food processor, mixer, multicooker, juicer, etc.) Appliances available in 2nd quantity. For example, if the borrower has 1 stove, the bailiffs will not be able to pick it up, because it is on the list of things that are not subject to arrest. If there are 2 stoves or 2 refrigerators in the debtor's apartment, the bailiff can take a second similar thing. The contractor will choose a more expensive option, leaving the debtor with a cheaper and older item.
4. Purebred domestic animals (dogs, cats, etc.) if there are conditions for their maintenance.
5. Money is subject to arrest in excess of the minimum subsistence level for the debtor and 3 persons who are dependent on him. That is, bailiffs must leave the amount of the minimum subsistence minimum for the debtor and his children (if any), and they can take the rest of the amount.

Bailiffs can seize the car, country cottage area, any buildings on it, a garage, greenhouses, etc.

What can't bailiffs describe?

All the same Federal Law No. 229 “On Enforcement Proceedings” regulates the debtor’s property, which may and may not be levied. Based on the terms of Art. 79 of this law, the bailiff can describe any property of the debtor (namely the debtor), with the exception of:

• Residential premises or part (share) thereof, if for the debtor it is the only habitable premises. This means that the bailiff will not be able to arrest your only apartment. If you have 2 apartments, or an apartment and another share in another apartment, or a house and an apartment, then the bailiff has the right to seize one of the premises. This paragraph is valid on the condition that the collection is made not on mortgage loan. If the apartment is mortgaged and is the only housing, then it can be levied on the debt in the same bank.
• Property that the debtor needs to perform the work. For example, if the borrower works as a web designer, writes articles, etc., the bailiff cannot take his work computer. An exception here is property worth more than 100 minimum wages ( minimum size wages). The minimum wage in Russia in the second half of the year is 7,800 rubles.
• Personal belongings of the debtor (clothes, shoes, except for collectible, branded expensive items)
• Personal care products
• Any state and sports awards, prizes, awards, badges of honor, etc.
• Items of religious culture (icons, church books, etc.)
• Children's things (scooter, bicycle, stroller, crib, etc.) items used by the child. For example, if a child goes to school and uses a computer or laptop to do homework, then bailiffs cannot seize these things.
• Household appliances necessary to meet the basic needs of a person (refrigerator, stove, etc.) If there are small children in the house, then, upon application, the debtor can remove the arrest from the washing machine, citing the fact that washing children's things by hand is quite difficult, etc. d.
• Livestock and poultry (deer, rabbits, goats, cows, chickens, etc.) not used for entrepreneurial activity but for the needs of the family. The list also includes feed, buildings and other things necessary for the maintenance of livestock.
• Seeds needed for the next sowing
• Food and money, which in total will amount to at least the established subsistence level for the debtor himself and the persons who are dependent on him. That is, the bailiff can take food and money only in excess of the subsistence level for the debtor and other dependents. Well, for example, living wage in the region is 10,000 rubles. The debtor is dependent on a minor child, for whom the subsistence minimum is 11,000 rubles. Total for two is 21,000 rubles. If the debtor has food and money in the apartment for total amount 35,000 rubles, then the bailiffs can take only 14,000 of them, and 21,000 rubles must be left.
• Fuel (wood, gasoline, etc.) that the debtor needs for cooking and heating his dwelling.
• Means of transport or other things necessary for the debtor in connection with his established disability. For example, the bailiff cannot take away a wheelchair or crutches, a car in which a disabled person gets to the clinic or work every day, etc.

For all other things, the bailiff can seize and subsequently foreclose, if the borrower does not prove that these things belong to another person, for example, other members of his family. You can prove this with the help of checks, warranty cards, documents on a commodity loan for another person, etc.

Usually, the things described remain with the debtor, but in some cases they can be seized and sent for storage to the organization with which the corresponding agreement has been concluded. This happens if there is reason to believe that the described property can be damaged, alienated, wasted, hidden, etc.

Only the bailiff can determine the order of storage at his own discretion. If he leaves things in the debtor's apartment, he must warn him of possible criminal liability under Art. 312 of the Criminal Code of the Russian Federation for improper storage.

How is the debtor's property valued?

The property of the debtor, which the bailiff describes on the spot (in the apartment), is subject to an approximate assessment directly by the bailiff, if the approximate estimated value of each item does not exceed 30 thousand rubles. That is, the bailiff is authorized to independently name the estimated value of each item described: a washing machine, TV, computer, etc.

When we are talking about more expensive things (a flat, securities, a set of upholstered furniture made of genuine leather, art objects, fur products, expensive designer jewelry, etc.), then within 1 month from the date of inventory of the property, the bailiff must attract a certified appraiser for an official assessment.

The bailiff may allow the debtor to independently sell the seized property if its appraisal market price does not exceed 30 thousand rubles and there is no dispute about its value. Having sold the arrested item, the debtor must deposit funds into the account of the bailiffs within 10 days to pay the debt.

If the client does not agree with the valuation of his property by the bailiff, he has the right to write an application addressed to the head of the FSSP, or go to court to appeal the decision of the bailiff on the valuation of property within 10 days after the issuance of such a decision.

Upon the expiration of the specified period, the bailiff begins to prepare documents in order to transfer the property for sale.

Let me remind you that all this happens if the debtor and the bailiff failed to reach a compromise on the planned voluntary repayment of the debt in reasonable income installments.

How is the described property taken?

If within 10 days after the inventory of the property the debtor does not receive payment or an application to appeal the decision, the bailiff begins to prepare documents on the seizure of the arrested property and their transfer for sale. When all the documents are ready, the bailiff transfers them to a special department that checks the submitted papers. If they comply with all standards, a package of documents is sent to the Federal Property Management Agency, and the arrested items are confiscated from the borrower and sent to the contractor for storage.

Is it possible to return the property if there is money?

Of course, you can, if the property has not yet been sold. That is, if it has not yet been sold. Until then, the borrower can pay his debt and take all things. To do this, you need to pay all the debt, bring a check for payment to your bailiff. After making sure that the money has arrived, the bailiff will cancel the decision to collect the debt and seize the property. Thus, the client will be able to return his property back.

If a buyer was found for the seized property put up for auction and paid the indicated cost, it will no longer be possible to return your property. Is that to negotiate with a new buyer and draw up a contract of sale.

How to secure property from seizure?

If you live in an apartment with relatives who bought some furniture or appliances or other property with their own money, ask them to prepare checks, warranty cards, or documents for a trade loan and other papers proving that the items were not purchased by you.

In this case, the bailiff will not be able to describe the property belonging to other persons who are not debtors in enforcement proceedings

Then the matter remains for the small - to secure your property from arrest. Immediately weed out things that the bailiffs cannot seize by law: for example, items that the client needs for work (computer, telephone, printer, etc.), as well as a stove and refrigerator, children's things.

There are several ways to save the rest of the property subject to inventory from arrest. The first is to bring all the valuables to the dacha or transfer them to acquaintances, friends, etc. This option is suitable if you know exactly the date of arrival of the bailiff. Otherwise, it would be foolish to transport permanent items (washing machine, TV, refrigerator, etc.) for an indefinite period to the country.

The second option to “hide” the property is to draw up a contract free use. To use this method, the debtor needs to enlist the support of third parties. These can be friends, relatives, neighbors, etc.

The essence is simple: the debtor and the 3rd person backdating(preferably before the issuance of a decision on the commencement of enforcement proceedings) conclude an agreement for the gratuitous use of property, according to which a third person transfers certain things to the debtor for use. In such an agreement, the names of things, their detailed description or attached photo. It is completed by hand and does not require notarization. Everything. Thanks to such a piece of paper, the debtor will save his property by exposing it as the property of a third party.

When the bailiffs come, he needs to show the contract for the storage of these things, concluded with one or several people, for each thing or for all at the same time. It all depends on your imagination. Similarly, you can draw up a storage agreement.

Many are concerned about the question of whether the bailiff will check the 3rd person with whom the storage or gratuitous use agreement has been concluded. Many are worried that the bailiff will ask these people for checks confirming that the thing was bought by them and belongs to them. There is nothing to worry about, the bailiff has no right to address such questions to any persons who are not lying in debtors under IP.

Another way to “hide” your property from bailiffs is to conclude a donation agreement. This option is most often used in the case of real estate, cars or other valuables. The borrower draws up a donation agreement through a notary, but continues to use his things. After the conclusion of the contract, the thing passes into full ownership the one to whom you give it, but you can continue to use it. This option is suitable if there is a person in your circle of acquaintances whom you trust enough to rewrite an apartment, car, etc. in his name.

The accounting department receives orders of bailiffs, where one of the paragraphs of each decision indicates the following requirement:

“to oblige the person making the deductions to provide the bailiff-executor once a quarter until the 20th day of the month following the reporting period, information about the deduction and transfer of PJSC “C” of the debtor’s funds (full name) in favor of the recoverer ( Full name or name of the claimant's organization) indicating the amounts of accrued wages, other payments from which the debt is withheld, the amount of funds transferred and the dates of their transfer, with payment documents confirming the transfer attached. Information should be sent in writing (followed by the name of the bailiff department and address).

Question:

Are the bailiffs' claims justified?

Answer:

In accordance with Art. 6, Art. 9 federal law dated 02.10.2007 No. 229-FZ "On Enforcement Proceedings" (hereinafter - Law on Enforcement Proceedings) the debtor's employer is obliged to withhold funds from the debtors' wages to pay off debts under judicial acts and acts of other authorized bodies, including by orders of bailiffs - executors.

Decisions of the bailiff-performer in accordance with paragraph. 7 h. 1 Article. 12 of the Law on Enforcement Proceedings are independent executive documents that are executed in the manner prescribed by this law (from the Determination of the Supreme Arbitration Court of the Russian Federation dated March 15, 2010 No. VAS-2352/10 in case No. A63-15938 / 2008-C6-39).

In paragraph 1 of Art. 64 of the Law on Enforcement Proceedings provides for a list of enforcement actions that a bailiff is entitled to perform, including: request necessary information from individuals, organizations and bodies, to receive explanations, information, certificates from them (signature 2); check, including check financial documents, on the execution of executive documents (subparagraph 3); request from the parties of enforcement proceedings the necessary information (signature 11); perform other actions necessary for the timely, complete and correct execution of executive documents (subclause 17). A similar rule is contained in paragraph 2 of Art. 12 of the Federal Law of July 21, 1997 No. 118-FZ "On bailiffs", according to which the bailiff has the right receive the necessary information when performing enforcement actions , including personal data, explanations and references, as well as to give citizens and organizations involved in enforcement proceedings, instructions on the implementation of specific executive actions .

Thus, the list of actions of bailiffs is not closed, so bailiffs can apply a variety of measures that do not contradict the principles of enforcement proceedings to fulfill the requirements of a writ of execution. This, in our opinion, means that, despite the fact that the legislation does not directly establish the right of the bailiff-executor to demand from organizations that pay the debtor wages, pension, stipend or other periodic payments, providing information about the deductions made, but such a requirement does not contradict the above-mentioned norms of the laws on enforcement proceedings and on bailiffs.

In addition, in paragraph 8 of Appendix No. 108 “Decree on foreclosure on wages and other income of the debtor » to order Federal Service bailiffs dated July 11, 2012 No. 318 "On approval exemplary forms procedural documents used by officials of the Federal Bailiff Service in the process of enforcement proceedings" the obligation of the organization to provide a report is expressly provided for:

Some regional FSSP of Russia(for example, in the Ivanovo and Tomsk regions) developed a “Memo for managers and accountants of organizations (enterprises) on the issues of withholding and transferring funds under executive documents of various categories”, in which the requirement to provide a report is also expressly stated:

“On the deductions made and the transfer of funds to the recoverer, the employer is obliged to submit information monthly to the bailiff - executor in the manner specified in the decision on foreclosure on wages.”

According to paragraph 4. Art. 14 of the Law on Enforcement Proceedings, the decision of the bailiff or other official of the bailiff service must be completed within the time specified in the order , and can be appealed in order of subordination to a higher official of the bailiff service or challenged in court. That is, in if the organization believes that the requirement of the bailiff-executor to provide a report violates her rights, she has the right to apply to arbitration court with a declaration that it is illegal. Unfortunately we couldn't find any judicial act, which would analyze the legality of the requirement of the bailiff in question.

We think that in this case, when submitting such an application, the prospect of a court decision in favor of the organization is extremely small, since the required report is necessary for the bailiff to control the execution of the requirements of executive documents, and to argue what the violation of the rights and legitimate interests of the organization is, which a report is requested is practically impossible.

In turn, n Violation of the legislation on enforcement proceedings is an administrative offense under Article 17.14. Code Russian Federation about administrative offenses, in accordance with paragraph 1 of which:

“violation by the debtor of the law on enforcement proceedings, expressed in the failure to comply with the legal requirements of the bailiff, the submission of false information about their rights to property, failure to report dismissal from work, about a new place of work, study, place of receipt of a pension, other income or place of residence, except for the violation provided for by Article 17.17 of this Code - shall entail the imposition of an administrative fine on citizens in the amount of one thousand to two thousand five hundred roubles; on the officials- from ten thousand to twenty thousand rubles; on the legal entities- from thirty thousand to one hundred thousand rubles.

Non-fulfillment by the debtor contained in executive document claims within the period established by the bailiff after the issuance of the decision to recover performance fee shall entail the imposition of an administrative fine on officials in the amount of ten thousand to twenty thousand roubles; for legal entities - from thirty thousand to fifty thousand rubles (Article 17.15 of the Code of the Russian Federation on Administrative Offenses).

Thus, in our opinion, the requirement of the bailiff to provide a report about the deductions made should be executed within the time limits and in the manner provided for in the relevant resolution.