The powers of bailiffs when collecting debt and what to do in case of excess. What rights and responsibilities does the bailiff have, what powers does the position give?

Bailiffs. Who is this? What are their tasks? What is included in the scope of responsibilities bailiffs?

Federal Bailiff Service Russian Federation (FSSP of Russia) - federal body state power, whose functions are to ensure the established procedure for the activities of courts, compulsory execution of judicial acts and acts of other bodies, as well as officials. In addition, this government body carries out law enforcement functions and functions of control and supervision in the established field of activity.

In the Russian Federation, bailiffs are federal state civil servants of the Russian Federation.

The Federal Bailiff Service of Russia is subordinate to the Ministry of Justice of the Russian Federation.

The main tasks of this government body are:

Ensuring the established order of activity of courts of all levels, as well as justices of the peace;
Organization of compulsory execution of those that have entered into legal force and those that are not executed in voluntarily judicial acts, judicial acts subject to immediate execution, as well as acts of other bodies and officials;
Execution of criminal procedural legislation in cases falling under the jurisdiction of the Federal Bailiff Service;
Management of territorial bodies of the FSSP of Russia.

Bailiffs are divided into:

bailiffs;
bailiffs to ensure the established procedure for the activities of courts.

What is the difference between these two positions?

Bailiff- an official whose duties include direct enforcement of judicial acts and acts of other bodies.

The main responsibility is the execution of decisions, resolutions, which consists in collecting sums of money. Collection implies the seizure of funds, both cash and those in the debtor's accounts, as well as the seizure of property, with its subsequent sale and repayment of the debt. In addition, for the speedy execution of executive documents in progress, the bailiff is vested with additional powers, namely: the ability to establish a ban on travel outside the Russian Federation, a ban on the issuance of a foreign passport, a ban on the alienation of property (movable or immovable), a ban on the alienation of the fruits of intellectual property activities.

Most often, complaints against bailiffs are filed specifically against the actions (inaction) of these valiant representatives of the service. There may be cases when the bailiff is too zealous about fulfilling his job responsibilities and as a result, they leave the debtor literally without a livelihood and the last property. However, the opposite option is more often possible, when enforcement actions are not carried out within the framework of the initiated enforcement proceedings.

What actions in this case do the debtor and the claimant need to take to protect their rights within the framework of the initiated enforcement proceedings? First of all, you need to know that the Federal Bailiff Service, like any other government body, is guided in its activities by laws and regulations. The main regulations are:

Federal Law dated October 2, 2007 No. 229-FZ “On enforcement proceedings»;
Federal Law of July 21, 1997 No. 118-FZ “On Bailiffs”.

The first of them determines the terms, conditions and procedure for the forced execution of judicial acts, acts of other bodies and officials, regulates the amount of deductions from wages and other income of the debtor, also contains types of income that cannot be levied. The second law regulates the rights and duties of bailiffs.

Bailiff for OUPDS- occurs mainly at the entrance to the judiciary (courts), requiring you to present a passport (bag, box, purse, etc.). When implementing executive actions act as power support for the bailiff, as well as free work force for loading, unloading, lifting and transferring property seized from debtors.

When carrying out their official duties, bailiffs are required to wear uniforms and the badge of a bailiff, which distinguishes them from all kinds of collectors, who often introduce themselves as bailiffs.

The service badge is a figured shield with superimposed corrugated rays with ribbons, a round medallion with a double-headed eagle, a ribbon with a series and number, as well as the inscription “FSSP of Russia.” Each badge has its own series and number. This sign must be placed on the left side of the chest of the bailiff's uniform or civilian suit.

So, if you have basic knowledge in the field of enforcement proceedings, you can protect yourself from most of the problems that arise during the execution of judicial and other acts.

Editor: Igor Reshetov

Debt collection by bailiffs is the most legal of all existing methods working with debtors. But not everyone knows its order. For example, you can hear from collectors over the phone: “we will come with bailiffs and take away your property.” In fact, bailiffs adhere to strict regulations. In order to be confident in the proper implementation of the law, you need to study the procedure for their work.

When a debt is collected by bailiffs

Debt collection by bailiffs can occur on the basis of a writ of execution or a document having the same force. These include:

writs of execution issued by courts of general jurisdiction and arbitration courts on the basis of judicial acts adopted by them;
court orders;
notarized agreements on the payment of alimony or their notarized copies and certificates issued by labor dispute commissions;
acts of the Pension Fund of the Russian Federation and the Fund social insurance RF about recovery Money from the debtor;
acts of bodies implementing control functions, with the exception of executive documents on the collection of funds from the debtor’s account, on complete or partial failure to comply with the requirements of these authorities;
judicial acts, acts of other bodies and officials in cases of administrative offenses;
orders of the bailiff;
acts of other bodies in cases provided for by federal law;
writ of execution by a notary;
a request from a central authority appointed in the Russian Federation to ensure the fulfillment of obligations under an international treaty of the Russian Federation to search for a child illegally transferred or detained in Russia;
executive documents issued by competent authorities foreign countries and subject to execution on the territory of Russia in accordance with international treaties of the Russian Federation.

What debts can fall to the bailiffs

Any debts that can be legally collected can be brought into proceedings, for example:

alimony;
loans, microloans, mortgages;
taxes and other contributions to the state budget;
contributions to Pension Fund and Social Insurance Fund;
traffic police fines and other fines;
debts under receipts and other documents, which resulted in a court ruling in favor of the creditor;
debt under contracts (for example, delivery of goods);
Housing and communal services (including major repairs);
salary debts (including under civil contracts).

Moreover, the debts of any citizens are subject to collection. The following are required to comply with the requirements of bailiffs:

individuals;
legal entities;
government bodies (for example, city administration).

The legal requirements of the bailiff are mandatory for everyone government agencies, local government bodies, citizens and organizations and are subject to strict implementation throughout the Russian Federation.

Art. 6 Federal Law No. 229 of October 2, 2007

The court makes a decision, and if the debt is not repaid within the period specified by the court order, the debtor has the right to turn to the bailiffs.

How to ensure that the debt is collected by bailiffs

If there is a document that has the force of a writ of execution (for example, a notarial agreement on alimony), it must be taken to the Bailiff Service and an application to initiate enforcement proceedings must be written. There is no need to pay a state fee for this, and the application itself can be written directly to the bailiffs.

The application itself is performance list(the bailiffs will take it away) and a copy of the court document. You will be asked to present your passport for identity verification. The entire application procedure takes no more than 5–10 minutes.

Important: enforcement proceedings will be opened only if you contact the bailiff department at the debtor’s place of residence.

If there is no writ of execution, you need to go to court and petition for its issuance. As a rule, you can receive it immediately.

After making a decision, the court does not always issue a writ of execution, so you need to file a corresponding petition

Powers of bailiffs

The powers of the bailiff depend on the official status; a hierarchy is observed in the service. Thus, the chief bailiff of the Russian Federation manages and controls the work of the FSSP (Federal Bailiff Service), determines the measures applied to debtors. He is also the coordinator for the interaction of the leading bailiffs of the constituent entities of the Russian Federation and their subordinates. In addition, the chief bailiff of Russia can issue orders and cancel decisions of FSSP officials if they are not lawful.

The chief bailiff of a constituent entity of the Russian Federation heads and is authorized to control the activities of the regional body of the FSSP. Within the subject, the senior bailiff heads the structural unit. For example, the bailiff of Rogozin reports to the senior bailiff of the Penza region Platonova. Platonova reports to the chief bailiff (head of the FSSP Office for the Penza region) Pazechko. Pazechko reports to Parfenchikov (chief bailiff of the Russian Federation).

Ekaterina Guryanova, lawyer

Bailiffs can:

to seize the debtor's property for further sale in order to repay the debt;
withdraw part of the income (but not more than 50%);
seize the debtor's deposits and accounts (including assets and securities);
seize part of the property and transfer it to the claimant;
seize property held by third parties;
block your driver's license;
establish a ban on the debtor traveling abroad.

All organizations are required to comply with the regulations of the FSSP.

Video: powers of bailiffs, enforcement of court decisions, rights of a claimant

Rights and obligations of bailiffs

The bailiff is obliged to take all possible measures in accordance with Russian legislation:

provide documentation to both parties (make extracts, copies, etc.);
accept and consider requests from the parties, as well as explain to them the terms and procedure for appealing decisions;
recuse yourself if there is a suspicion of the bailiff’s interest;
work with the personal data of the parties, if necessary for collection;
put on the wanted list the debtor, his property, as well as the child, who, according to the writ of execution, must be selected and transferred to the legal representative;
draw up and send reports about a crime to the head of the inquiry agency (senior bailiff) in accordance with criminal procedure legislation.

However, in addition to their duties, bailiffs also have the following rights:

receive the necessary information (including personal data, explanations and certificates);
check with employers whether they deduct payments from debtors’ salaries and whether they maintain financial documentation for execution;
give the parties instructions on the implementation of specific enforcement actions;
enter premises and storage facilities occupied by debtors, and, if necessary, open them;
study documents, inspect property (including vehicles), inspect premises occupied by wanted persons or belonging to them;
arrest, confiscate, transfer for storage and sell seized property;
use the recoverer's or debtor's transport to transport property with expenses charged to the debtor's account;
if the provisions of the writ of execution are unclear, apply to the court for clarification of the method and procedure for its execution;
summon citizens and officials based on executive documents in progress;
check identity documents of persons participating in enforcement proceedings;
carry out executive search actions (request search information from data banks);
seek assistance from employees of internal affairs bodies, migration registration, the FSB and those authorized in the field of protection of the population, other government bodies, local government, as well as military personnel and members of the National Guard of the Russian Federation.

Collection procedure, order of work of bailiffs

The court sends the writ of execution to the FSSP.

Sometimes the claimant himself takes the writ of execution and hands it over to the bailiffs, since it is the basis for initiating proceedings. Within 6 days (but no more), enforcement proceedings must be initiated, and the parties must be sent a corresponding resolution.

Ksenia Artyushkina, lawyer

After the decree is served, the debtor is given 5 days to fulfill his obligations. At this time, the bailiffs do not impose restrictions or disturb the parties in any way. However, during these 5 days, bailiffs can search for the debtor’s property (if someone else is using it and this interferes with the fulfillment of obligations). It is also possible to seize property if alienation is suspected.

For example, the debtor’s only property is a car, the amount of debt is large, and the debtor threatened to sell it. Bailiffs can seize this car to prevent the transaction from taking place.

Bailiffs have the right to seize the car so that the debtor cannot sell it

If the debtor has not fulfilled his obligations within 5 days, an additional period begins (2 months) when the bailiff can apply a whole range of measures. Enforcement proceedings can be suspended and resumed. Most often, the collection procedure is delayed. A tough measure within the framework of the proceedings is the arrest and sale of the debtor’s property. And since the bailiff is interested in executing the court decision as quickly as possible, the property is sold at a low price.

The last resort is liability under the Criminal Code. For example, Article 157 states that a persistent non-payer of alimony can expect a punishment such as imprisonment for up to 1 year.

Sequence of debt collection

If the debtor’s funds are not enough to fulfill all obligations, these funds are distributed in a certain order:

Requirements for the collection of alimony, compensation for harm caused to health, compensation in connection with the death of the breadwinner, compensation for damage caused by a crime, as well as claims for compensation for moral damage.
Requirements for the payment of severance pay and wages of persons working (who worked) under an employment contract, as well as for the payment of remuneration to the authors of the results of intellectual activity.
Requirements for mandatory payments to the budget and extra-budgetary funds.
All other obligations.

The interests of children in cases concerning priority of collection are a priority

If money is collected from the debtor in parts, then each claim is paid after the previous one has been paid in full.

For example, entrepreneur Ivanov has a debt for alimony (10,000 rubles) and for employee salaries (50,000 rubles). His income is 16,000 rubles, half of which is kept by the bailiffs. In the first month, 8,000 will be repaid in favor of alimony obligations. In the second month, 2,000 will be used to pay off alimony debt, the remaining 6,000 for wages, and so on.

Statute of limitations: how long will the bailiffs try to collect the debt? The statute of limitations for proceedings depends on the fact of receipt of the writ of execution by the debtor. For example, the debtor had a loan, but within three years

It is difficult to prove that the debtor did not receive it. There is such a possibility, for example, if the execution document was supposed to be sent by mail, but immediately after the trial the debtor went abroad (and this is possible, since the bailiffs do not impose restrictions before the initiation of enforcement proceedings). To do this, you will need to confirm your departure date and residence abroad for at least three years.

If the writ of execution is not served on the debtor, or he has no property and there is nothing to sell to pay off the debt, then the proceedings are returned to the claimant.

What can bailiffs collect for debts?

According to the Civil Procedure Code, any property except untouchable property can be seized. The list of property that bailiffs do not have the right to take away includes:

An apartment (or a share in an apartment), a residential building or land plot, on which it stands, if the debtor lives there.
Home furnishings and household items, as well as personal items (in particular, clothing and shoes).
Property that the debtor needs for professional activities.
Livestock, poultry and other living creatures, if they are used for personal needs and not for entrepreneurial activity(as well as buildings and structures for keeping these animals).
Seeds for sowing.
Food and money (at least living wage debtor and his family members).
Fuel necessary for cooking and heating a living space throughout the heating season.
Transport technical means for disabled people.
Prizes, state awards, honorary and memorable signs awarded to the debtor.

However, there are exceptions and caveats to each of these points. For example, an apartment can be taken away. But only if it was purchased through the program mortgage lending and is collateral in the bank.

In the list of personal belongings, the exception is jewelry and other luxury items. For example, a collection of wristwatches made of precious materials is sometimes not inferior in value to a collection of expensive cars, and therefore can be seized by bailiffs for further sale.

Property necessary for work means devices and items whose cost does not exceed 100 minimum wages.

Expensive plants (in the form of seeds and seedlings) can be considered luxury items, since they are not a way to earn money or the only source of income.

A technical vehicle for a disabled person can be, for example, a wheelchair. However, even if it is made from precious metal, then is not subject to arrest. On the contrary, any car cannot be exempt from seizure if its owner is visually impaired, since this car is not the only accessible means of transportation.

What if the bailiffs cannot collect the debt?

If the bailiff cannot collect the debt, then the enforcement proceedings are terminated and officially closed. This can happen for two reasons:

Lack of property and funds sufficient to collect the debt.
Poor quality work by the bailiff.

When there is nothing to take from the debtor, the writ of execution is returned to the claimant. The creditor needs to wait until the debtor has money. Since the bailiffs are no longer involved in the case, the collector himself will have to control this process. And when funds become available (for example, new job) from the debtor, you need to come to the bailiffs again with this writ of execution. It is important to remember that you can apply again only within the three-year statute of limitations.

If everything depends on the bailiff and he did his job poorly, there is no need to wait. Firstly, you need to monitor the activities of the bailiffs, call regularly and find out about the production procedure, or even better, travel. Secondly, you can draw up a complaint and send it to the senior bailiff (head of the structural unit).

If she didn't give desired result, you can write to the manager regional office FSSP. A complaint to the chief bailiff is similar to a complaint to the senior bailiff. The difference will be in the “header” of the letter: name of the body, full name. head of the department, his position.

The complaint must indicate previous attempts to appeal. When sending (or personally submitting) a letter must be accompanied by an endorsed copy of the previous complaint with the distinct signature of the receiving employee and the date of acceptance for consideration. If the document was sent by mail, then you need to attach copies of it and a postal notification of delivery of the previous letter to the addressee.

If there are no results (for example, the complaint was not responded to within 30 days), you can contact the prosecutor's office.

The prosecutor will request enforcement documents, study them and make a decision. At his request, the senior bailiff will oblige the bailiff to eliminate those gaps in the production that led to the violation of your rights (if this is confirmed).

Subtleties and errors of enforcement proceedings

IN legal issues even the most unnoticeable (at first glance) nuances can affect the course of the case. Thus, a mistake in a writ of execution of 1 character sometimes leads to liability for the claimant.

For example, there was a typo (1 digit) in the number current account. There was a sufficient amount of money in the debtor’s account, and it went to the creditor’s bank account. He will be happy when he finds out about the replenishment of his account, and it seems that everything is over. But anyone whose account number is incorrectly indicated in the documents will be able to return their funds through the court, the basis for filing a claim will be unjust enrichment. But all these amendments can take a lot of time, and you can’t waste it.

There are techniques that debtors resort to on purpose. For example, the debtor has learned that the creditor has decided to collect the debt and wants to get ahead of him. This technique is called a sham transaction with advance. To do this, the debtor only needs to provide evidence of debt obligations to third parties. As a rule, these are relatives or close friends. Such a document may be an agreement, and the amount specified in it is much greater than the amount you are collecting. According to Russian law, the debt to third parties is a priority, so you will have to wait until the defendant “pays off” them.

However, in addition to debtors, some collectors also resort to various tricks. Most often, this happens when the borrower did not take care of his rights and guarantees in advance. For example, a debt on a receipt. The debt can be returned, and the former creditor files a lawsuit to collect it. Since the court adheres only legal grounds, then without witnesses and documents confirming the fact of return, the claim will be satisfied.

But the Civil Code stipulates that the return of a debt frees a person from debt obligations.

Proper performance terminates the obligation.

Article 408 Civil Code RF

If the debt is collected twice (erroneously) by the bailiffs, you need to find documents about both payments (write-offs, transfers, etc.), contact the district department of bailiffs (ROSP) and write a statement. In this case, it is not difficult to return the money if it is safe.

payment documents

If the debt is fully repaid and there are payment documents to confirm this, you need to submit them along with the application to ROSP. This application must be drawn up under the incoming number, on its basis the enforcement proceedings will be closed.

Enforcement proceedings can be initiated on the basis of documents, the list of which is provided Federal law"On enforcement proceedings." Bailiffs have the right to take away part of the salary, but not more than half of it, seize property, block bank accounts and driver's license. The period of enforcement proceedings is 6 months. If during this time the debtor has not repaid the debt, then the creditor can contact the bailiffs again. Repeated appeal is carried out within the three-year limitation period.

Statistical data

According to statistics, only 20% of debtors themselves repay the debt within a month after the court decision. 30% do this thanks to bailiffs. And 50% categorically refuse the obligations assigned to them.

Most debtors do not comply with court decisions voluntarily. Therefore, in legal practice, one of the lengthy stages of the end of a trial is enforcement of a court order.

Legal regulation of collection processes occurs on the basis of Federal Laws No. 118 and No. 229. The powers of bailiffs to collect debts, as a mechanism influencing the debtor, are built on the basis of these legislative acts.

The bailiff has the right to: seize property, securities, money, seize the listed property; carry out an inspection financial documents; organize a search for debtors and a search for property. After the decision comes into force, the court undertakes to issue a writ of execution to the plaintiff or, at his request, send the document to the bailiff for execution. The bailiff service will accept a writ of execution and file an application for collection.

Stages of debt collection by bailiffs

It is necessary to outline the main stages of the procedure for debt collection by bailiffs and the enforcement process judicial act, as well as other authorized bodies.

The video discusses the details of the work of bailiffs

Possible difficulties in debt collection

In cases where a debtor is hiding from paying a debt, the bailiff has the right to put the citizen on the wanted list, as well as to involve the Ministry of Internal Affairs and the tax office. The search for the debtor is carried out thoroughly, starting from the place of residence and addresses of relatives, and ending with the workplace. Representatives of the FSSP are authorized to conduct searches from 6 a.m. to 10 p.m. If the debtor is absent from his place of residence, the bailiff undertakes to send the citizen’s property for storage.

Bailiffs have the right to seize any property that is not “vitally necessary” or “a means of earning money.” It is also impossible to seize an apartment if it is the only home of the debtor and his family, with the exception of collecting mortgage debt. The seized property is recorded in the inventory report and signed by attesting witnesses.

If the bailiffs cannot collect the debt within three years, they will be forced to close the enforcement case and notify the plaintiff that it is impossible to collect the debt. But debentures do not have a statute of limitations, so the plaintiff has the right to apply to the court to extend the writ of execution and re-transfer the case to the bailiffs.

Complaint against the action or inaction of a bailiff

The legislation of the Russian Federation provides two ways to challenge the action or inaction of a bailiff to collect a debt. The first is to file a complaint with the head of the bailiff, that is, in the order of subordination (in accordance with Article 123 of the Federal Law “On Enforcement Proceedings”). The second method also comes down to filing a complaint, but against the orders of the bailiff, and arbitration court or a court of general jurisdiction, depending on where the official performs his duties. It is possible to appeal the actions of the bailiff, such as issuing decisions that violate the rights of citizens. Also, the inaction of the bailiff is subject to appeal if he does not take actions prescribed by law.

A complaint against a bailiff about his action or inaction is filed within ten days after the fact of violation is established. If the debtor is not informed about what time the bailiff will carry out certain actions, then the citizen has the right to appeal these actions no later than ten days from the date of their completion. In this case, proof becomes a postal notification with the date of receipt of the letter.

Based on Article 199 of the Arbitration Procedure Code of the Russian Federation, an application to the arbitration court to challenge the action or inaction of a bailiff must reflect the following points:

Full name of the citizen or name of the organization submitting the application, place of residence or location of the organization;
Full name official, in respect of which the application is being made;
Grounds for appealing the decision of the bailiff service, a description of what his actions or inactions consist of;
Requirements of the organization or citizen who filed the complaint;
Attached documents.

The following must be attached to the application: a receipt for payment of the state fee; a copy of the Certificate of Impossibility of Execution; a copy of the resolution on the completion of enforcement proceedings; a copy of the court decision on the case; a copy of the writ of execution.
As a result, the court will either satisfy the stated requirements or refuse. If the court approves the complaint, the defendant will be charged the cost of paying the state fee, and enforcement proceedings will resume.

Learn more about the federal law on debt collection activities at the link

Leave questions about debt collection by bailiffs in the comments

A bailiff is an official who performs court decisions. In our article we will describe in detail what rights he has, as well as what is included in his responsibilities and official powers. Knowledge of these subtleties will help in case of unlawful actions on the part of the bailiff.

○ Regulation of the actions of the bailiff.

The activities of employees of the Bailiff Service (BSS) are regulated by:

Civil Code of the Russian Federation.
Federal Law “On Enforcement Proceedings” dated October 2, 2007 No. 229-FZ.
Federal Law “On Bailiffs” dated July 21, 1997 No. 118-FZ.

It was in the last normative act all rights and obligations of this official are indicated.

Bailiffs perform their duties in structural divisions Federal Bailiff Service and structural divisions territorial bodies Federal Bailiff Service.
(Clause 1.1, Article 4 No. 118-FZ).

○ Rights of a bailiff.

All rights of this official are exercised exclusively within the framework of judicial and enforcement proceedings. Without a judge's order and/or a signed writ of execution, the bailiff has no rights to take any action with the debtor. But the presence of this document gives him some powers that are designed to ensure the execution of the court decision.

✔ Verification of documents.

This action is within the rights of the bailiff. He can check the identity documents of people in the courtroom or in the building of the SPP, as well as during the bringing of persons evading summons to court.

The bailiff can also conduct personal searches of the above categories of citizens as part of enforcement proceedings.

Also, according to paragraph 2 of Art. 12 No. 118-FZ, the bailiff has the right to check documents from all participants in enforcement proceedings, as well as from employers when it comes to financial condition their workers.

✔ Delivery of the evading person to the courtrooms.

If a person does not appear in the courtroom, the bailiff may visit him at home. This does not mean that he can forcibly bring the defendant to the meeting, but such a visit will allow him to serve the summons in person. This means that the evading person will no longer have the opportunity to explain his failure to appear by failure to receive a summons.

It is important to take into account that the law limits the possibility of visiting debtors at home. The bailiff can only visit them from 6 am to 10 pm on weekdays. A visit at another time will be grounds for appealing his actions.

✔ Carrying out enforcement proceedings.

The bailiff implements the court decision by informing the defendant about it. In case of evasion court order, the SSP employee can carry it out forcibly. This means:

Search for the defendant.
Finding his sources of income.
Inventory of property.
Seizure of property and income.
Selling property to pay off a debt.

All these actions are carried out within the framework of enforcement proceedings on the basis of a writ of execution, which gives the bailiff these powers.

✔ Other rights.

According to clause 2 of Article 12 No. 118-FZ, the bailiff also has the right:

Give instructions to carry out executive actions to participants in the process.
Use non-residential premises for storage of seized property with the consent of the owner.
Call the participants in the proceedings according to the writs of execution.
Seek assistance from law enforcement officials, migration services, military personnel and other persons who can provide any assistance in enforcement proceedings.

○ Responsibilities of the bailiff.

Along with rights, the law assigns certain responsibilities to the SSP employee. Let's look at what they include.

✔ Court security and safety.

Security of the court is carried out by ensuring the established order. The duties of the bailiff include:

Checking documents of persons present at a court hearing.
Personal search of those present.
Obtaining weapons and special protective equipment.
Knowledge of the features of a protected building.
Checking the condition of the fire-security system and the serviceability of telephone communications and lighting.
Prevention and suppression of crimes and offenses in the courthouse.

✔ Drive of persons.

Brings in a defendant who evades appearing at a court hearing. To do this, the bailiff visits him at his home or work address and personally delivers the summons.

Such actions are carried out when a criminal case is being considered in which a person is an accused or an important witness, on whose testimony a court decision depends.

✔ Other responsibilities.

Also, according to clause 1 of Article 12 No. 118-FZ, the duties of the bailiff include:

Taking the necessary measures to complete production on time.
Providing the parties with the opportunity to familiarize themselves with the case materials.
Consideration of applications from the parties with the issuance of an appropriate resolution and clarification of the deadlines and procedure for appealing.
Putting the debtor on the wanted list.
Notification of the head of the inquiry body (senior bailiff) if signs of a crime are identified.

Work activities Federal Service Bailiffs are regulated by the service charter, civil, administrative, procedural codes, by-laws and decrees. And when forced collection Debt bailiffs must be guided by the charter and federal laws.

The scheme according to which act in the FSSP to collect very simple:

After the FSSP receives court order, decision, writ of execution - for debt collection, and the plaintiff’s application for acceptance of the document, the office prepares an order for organizing the enforcement case and the responsible bailiff. The order is approved by the head of the district administration. The period for organizing production is three working days.
The bailiff is obliged to notify the debtor of the debtor's proceedings in writing, calling him either by telephone or by post at his place of residence. The bailiff is also obliged to provide a period for voluntary performance of duties. But this does not prevent one from simultaneously starting a search for the debtor’s property, bank and salary accounts.
When identifying assets belonging to the debtor, Federal Law No. 229 “On Enforcement Proceedings” allows you to seize the identified property and even sell it without the consent of the debtor.
In accordance with the same law 229, impose a ban on the debtor traveling abroad.
If the sale of property does not cover the debt, the bailiffs may contact the employer to demand that part of the wages be withheld to pay off the debt.
Monitor the legality of writing off the debt and enforcement costs from the debtor and close the proceedings.

If the debtor is hiding and hiding his property, the bailiff puts him on the wanted list, and can involve the Ministry of Internal Affairs, the State Traffic Inspectorate, and the tax office for this purpose. The search will be thorough, starting from the last place of residence and residence of relatives, ending with a search at work. FSSP employees have the right to search on weekdays from 6 a.m. to 10 p.m. (Article 35 of Law 229). Please note that Article 12 gives the bailiff the right to enter not only non-residential premises, but also the apartment without his consent and the debtor, to search and identify the debtor’s property. If the debtor is absent, the bailiff is obliged to transfer the property for safekeeping - it is this clause in Article 12 that most often stops the bailiffs.

Bailiffs have the right to seize any property that does not fall under the definition of “vital necessity”, “instrument of production/earnings”. An apartment - if it is the only home of the debtor, his family, and is owned by the debtor, they have no right to seize, with the exception of: collection of mortgage debt. All seized property must be documented and signed by witnesses.

If within three years, the bailiffs were unable to collect the debt, or realized that there was nothing to collect from the debtor, the bailiffs close the enforcement case, notify the plaintiff of this in a letter about the impossibility of collecting the debt, and return the writ of execution to him.

It would seem that everything would end there, but since debt obligations do not have a statute of limitations, the plaintiff has the right to judicial procedure extend the writ of execution and transfer it again to the bailiffs for production.