Who pays utility bills? Claim for recovery of debt for utilities

The collection of utility bills is an urgent problem for any resource provider and service provider in housing and communal services. In the article, we will consider all possible scenarios and stages of working with non-payers, from pre-trial actions and a court order to the consideration of a claim and support for enforcement proceedings. The material describes the current practice of the Criminal Code working with debtors, including unusual solutions such as working off debts for those who even bailiffs cannot find the means to pay.

Collecting debts for utilities: pre-trial work and going to court

The debt of Russians for housing and communal services by the end of the summer of 2018 reached 1.4 trillion rubles. This huge amount shows the scale of the problem and the conditions in which management and resource supply organizations have to work. Obviously, the fight against non-payers for the public utilities continues to be one of the key tasks.

Pre-trial measures to collect debts for utilities

Citizens are obliged to pay for consumed housing and communal services in the first decade of the next month. From the 1st to the 10th, their delay is considered current and does not require any action to collect debts for utilities. From the 11th, the debt becomes overdue, the consumer becomes a debtor, and Management Company receives the opportunity to collect funds from him in ways permitted by law.

Prior to filing a claim, pre-trial steps must be taken, including:

send a notice of the need to repay the debt;
warn about the possible disconnection of unpaid services;
offer to sign an installment agreement. Read more about how to convince the debtor to conclude such an agreement and what conditions to prescribe in it, from the magazine " MKD management»;
suspend services.

It is possible to influence debtors by the method of public censure - the usual lists of non-payers, posted in prominent places. However, this must be done with careso as not to violate the legislation on the protection of personal data. How exactly to use such a tool and not become violators yourself is described in a special article from the magazine "MKD Management" for June 2018.

For the majority of debtors, the measures of pre-judicial collection of debts on utility bills are quite effective. If citizens experience temporary financial difficulties or allow delays due to ignorance, then by skillful actions the Criminal Code will force them to pay off their debts for housing, so as not to aggravate the situation. However, there will always be those who deliberately refuse to pay.

The reasons for this may vary. Some do not have enough funds, and they are not going to make efforts for a reasonable formation own budget, which contains a line for paying a utility bill. Others do not pay utility bills for "ideological" reasons. For example, they may believe that the management company is not working efficiently, so there is no need to pay it.

Even if this is true, the citizen is still obliged to pay first, and only then demand a recalculation or improvement in the quality of the services provided.

With respect to malicious and unwilling to contact debtors, judicial measures are applied. Two options are possible here:

obtaining a court order;
filing a claim with the issuance of a decision on the collection of utility payments by force.

Drawing up a claim

If the consumer does not pay utility bills for more than 2 months, then the managing or resource-supplying organization has the right to file a claim against him. Drawing up a claim is best entrusted to a lawyer - a third-party or working in an organization. The costs of preparing this key document for the dispute are subsequently included in the price of the claim. The debtor may also be required to reimburse other costs:

penalties and fines, which are accrued on a progressive scale and depend on the period of non-payment;
shutdown actions individual services and their subsequent connection (if they were produced);
damage to common property caused by the debtor's refusal to pay (if any).

When the court receives the claim, a copy is sent to the defendant. First, a preliminary meeting is scheduled, which takes place in the format of a regular conversation. The judicial practice of collecting debts for housing and communal services shows that a certain percentage of problems are removed at this stage. This is followed by a substantive session, which will be described below.

Court order: writ procedure, court costs

From the second half of 2016, the order procedure for collecting debts for utilities began to work. Today it is gaining more and more popularity due to the simplicity of the procedure.

Judicial and writ proceedings have been successfully working for a long time in relation to wage arrears, alimony and other indisputable cases when the offender must be forced to pay. This practice has also been extended to pay utility bills.

A court order against a non-payer for a communal apartment is issued subject to the following conditions:

the debt does not exceed 500,000 rubles. It's about only about debts for housing and communal services, excluding, for example, the same alimony and other things;
the debt concerns any utility or telephone service. The Code of Civil Procedure of the Russian Federation extends this practice to mandatory contributions HOA members- in case of non-payment, they will be collected by force;
the amount of the debt is documented, which eliminates the court's doubts about the validity of the applicant's claims;
the request for the issuance of a court order came from an authorized person, for example, from a lawyer defending the interests of the managing organization by proxy;
the place of residence of the defaulter is reliably established.

If any of the conditions is violated, the applicant will be denied the issuance of a court order. However, this will not prevent him from proceeding to collect debts on utility bills in a lawsuit.

It is beneficial for the claimant to apply specifically for a court order, and not go to court with a lawsuit. The state duty in this case will be twice lower. The World Court is in charge of issuing orders. The debtor is not required to be involved in the meeting on resolving the issue by order.

If the consumer does not agree with the issued order, then within 10 days after receiving a copy of this document, he can apply for its cancellation. After that there are two ways:

the court accepts the debtor's arguments and cancels the order, after which the dispute will be considered in a lawsuit;
the court does not cancel the order, and he receives the status of a writ of execution. After the transfer of this document to the bailiffs, the standard enforcement procedure begins.

Claims collection procedure

Even if the collection of debts on utility bills has moved to the stage of considering a claim on the merits, the parties still have the opportunity to conclude a settlement agreement. True, this requires mutual desire. When signing a settlement agreement, the debt is repaid in installments according to the agreed schedule. As a concession to the debtor, the amount may be partially reduced due to a reduction in the amount of the penalty.

However, not all debtors show a desire to rectify the situation, and some do not even come to the meeting. In this case, the decision is clearly in favor of the applicant. The defendant is given a month to appeal.

Judicial practice of recovery utility debts shows that defaulters almost always lose such proceedings. The presence of debts for housing and communal services is obvious and easily proved, therefore, in most cases, claims are satisfied in full. Applicants usually lose cases when they go to court with unverified data. This is extremely rare, as housing and communal service providers have accumulated vast experience in dealing with non-payers.

When the court decision has entered into force, the employees of the FSSP are transferred performance list and they stir up their production. Its implementation also takes place according to a standard and long-established scheme.

Enforcement proceedings

You can proceed to the collection of utility bills with the help of bailiffs both after receiving a court order and after a positive decision is made on the claim. Enforcement proceedings include the following main activities:

they come to the debtor at the place of residence, seize the property and sell it with the transfer of funds to pay for housing and communal services;
on requests to banks, bank accounts are found, which are subsequently arrested;
sources of income are determined, part of which is also withdrawn to cover the debt. For example, a certain percentage of wages is withheld - this is done with the inclusion of the employer in the process, to whom the necessary documents are sent;
the debtor is forbidden to travel abroad, and so on.

The non-payer, and in the presence of a court decision that has entered into force, still has the opportunity to sign an agreement on the voluntary repayment of the debt. If he continues to refuse his obligations, then the funds will still be collected by all means available under the law, and another 7% will be added to them as an enforcement fee.

Neither the agreement nor the recovery of the bailiffs relieve the debtor from the need to pay current expenses for housing and communal services.

How to make a debt pay off if the debtor has no money

Often, management companies have to deal with a situation where, in the presence of a court order, it is extremely difficult to recover something from a non-payer due to his lack of money, work and property subject to seizure. In this case, the Criminal Code can take a non-standard step and offer the citizen to work off the debt.

This does not mean that a person falls into complete dependence and gives everything he earns to pay off his debt. On the contrary, he, of his own free will, gets a job in the management company for the proposed position, receives wages, and part of it is actually sent to pay off debt. The citizen keeps the rest. Thus, he has the opportunity to improve his financial situation.

Debt recovery is a compromise solution that is beneficial for both parties. Organization of this unusual method of collecting debts for utilities in the magazine "MKD Management". From it you will learn:

what advantages each of the parties receives in the organization of working off the debt;
when the Criminal Code has the right to offer such a scheme to the debtor;
how to properly process debt;
how this scenario is implemented in practice in different regions of the country.

Housing and communal services, or otherwise, housing and communal services, are the most popular services among the population. All people live somewhere, use water, heating, electricity, gas. Obviously, you have to pay for all this. According to Civil Code RF, all services rendered must be paid in time and in full. But, often, situations arise when debts for housing and communal services appear. Debt collection for housing and communal services has its own characteristics.

Types of debts for housing and communal services

By law, payment for housing and communal services occurs in accordance with an agreement concluded between the owner or tenant of housing and the HOA or other service provider. Usually the due date is the 10th of each month. In case of delay in payment up to 3 months, the owner has the right to charge the payer a penalty, the amount of which is stipulated in the contract. However, such a delay does not entail any further legal consequences and is considered short-term.

In case of non-payment of bills for housing and communal services within a period of 3 to 6 months, the situation for the debtor is aggravated. If it is not possible to pay the entire debt, then he can contact the HOA or housing department and conclude an installment agreement. Such debt is considered medium-term and the main focus in the fight against it falls on informing debtors about the consequences of non-payment of the bill and explaining the legal consequences for him if the HOA or housing department goes to court. Sometimes an effective measure is the placement of information about debtors on bulletin boards in the entrance where they live.

After 3 months of debt for housing and communal services the provider has the right to disconnect the consumer from the unpaid service. This applies to both electricity and water supply, as well as sewerage. The only service that the law prescribes to provide even with existing debt is heating.

After more than 6 months have passed since the end of the bill payment period, the overdue debt for housing and communal services can be settled in judicial order. Usually, a full-time lawyer of the HOA or another utility service provider is engaged in litigation and claims work.

Debt collection for housing and communal services (housing and communal services) through the court

To start the debtor must submit a written claim . It should indicate:
- amount of debt;
- the basis for the collection of debt for housing;
- final payment date;
- consequences in case of non-payment.
Claim needed hand over to the debtor against signature any accessible way, for example, in person or by registered mail with notification. Usually, the debtor is given 30 calendar days to pay off the debt for housing and communal services. After this period, the utility service provider may apply to the court.

The law provides for a simplified procedure for collecting debt for housing - court order (you can download). To obtain it, you must apply to the world court at the place of residence of the debtor, in accordance with the requirements of the Code of Civil Procedure of the Russian Federation with a statement. The state fee paid by the plaintiff in this case is half of the fee when filing a regular claim. After receiving a court order, it must be submitted to the FSP and opened enforcement proceedings. If the debtor disagrees with the amount of the debt, he can challenge the court order.

If a citizen received a court order to collect debts for utilities (what should he do)

When you receive a court order, do not panic. The situation is not pleasant, but here you need to know that there is a right to file an objection within ten days from the date of receipt of a copy of the order. And there is no need to give any reasoned arguments. It is only necessary to indicate the essence of the objections, according to what criteria they do not agree with the position of the management company. This is enough for the magistrate to cancel his own court order to collect the debt on utility bills. Compliance with the deadline for filing objections will be important.

In the future, the dispute between the owner of the apartment and the management company can be considered in a general manner if it files such a claim. It is the duty of the judge to explain to the claimant about possible way return the debt in the order of action proceedings, which often happens.

If you think that the debt has been accrued to you unlawfully, then the time won should be spent on collecting evidence of the groundlessness of the accruals and provide information on the payment of all current payments (copies of payment receipts and other supporting documents) in confirmation. The best option there will be a periodic reconciliation with the resource supplying organization and the resolution of emerging issues in a pre-trial order, if possible.

With existence controversial issues , the collection of debt for housing and communal services occurs in the order of action proceedings. With observance of competitive procedure and equality of the parties in court. After the satisfaction of the claims and the entry into force of the court decision, the plaintiff receives a writ of execution and submits it to the FSP.

It should be noted that in any case debt collection for housing and communal services v voluntary better than forced. Indeed, according to statistics, only 2% of debtors do not pay for housing and communal services, without objective reasons for this. Most often, such debt arises as a result of difficult life circumstances and the debtor himself tries to repay it faster.

Publication content:

The concept of "utilities"
Obligation to pay utility bills, maintenance and repairs common property
Collection of debt for housing and communal services at the place of actual residence, and not at the place of registration
Joint and several collection of debts for payment of housing and communal services
Debt collection for housing and communal services in shares (share liability)
Collection of debt for housing and communal services from employers and family members
Samples of statements of claim for the recovery of arrears in payment for housing and communal services
Other publications on the topic on the site
Penalty (penalty) for late payment of housing and communal services

For some clarifications on the application of the rules of law in disputes over payment for housing and communal services, see Resolution of the Plenum of the Supreme Court of the Russian Federation of June 27, 2017 N 22 "On some issues of consideration by courts of disputes over payment for utilities and housing occupied by citizens in apartment building under contract social recruitment or owned by them"

The concept of "utilities"

Definition of the term "communal services". What is included in the list?
The definition of the term "communal services" is given in a number of regulations. Decree of the Government of the Russian Federation of 05.23.2006 N 307, "utilities" defines "utilities" as the activities of a utility service provider for cold water supply, hot water supply, sanitation, electricity supply, gas supply and heating, providing comfortable living conditions for citizens in residential premises ...

Can the HOA, the managing organization, include VAT in the utility bill?
Operations for the implementation by organizations of the communal complex of utilities, on the basis of paragraph 1 of Art. 146 of the Code, are subject to VAT in the generally established manner, regardless of who purchases these services ...

Duty to pay utility bills
maintenance and repair of common property

Are members of the owner's family obliged to pay for the maintenance and repair of the common property of the Moscow Ring Road?
On this issue, as court practice shows, the courts do not take into account the provisions of the Civil Code of the Russian Federation on who should bear the burden of maintaining the property, the debt to pay for the maintenance and repair of the common property of an apartment building, as a rule, is collected from both the owner of the apartment and from his family...

The obligation to pay for housing and communal services if the ownership of the apartment is not registered
There is an opinion that if the ownership of a dwelling is not formalized in the manner prescribed by law, and the citizens actually living in the apartment are not registered, then the obligation to pay for utilities, as well as the maintenance and repair of the common property of an apartment building does not arise ...

Collection of debts for housing and communal services and in the absence of an agreement with the HOA or the management company
In objections to the statement of claim of the managing organization or the HOA for the recovery of debts for housing and communal services, the defendant (debtor) often indicates that there is no agreement (management) between him and the plaintiff, and therefore, as the debtor believes, to pay for housing He doesn't have to pay utilities...

From what moment is the owner obliged to pay for the management, maintenance and repair of housing (rent)?
The obligation to pay for services for the management, maintenance and repair of the common property of an apartment building arises for citizens not earlier than the choice of the last way to manage the house or, if the choice is not made, not earlier ...

The statute of limitations for collecting utility bills, housing maintenance (HCS)
Payment for utilities and housing maintenance services for a month does not indicate the recognition of a debt for the entire period of debt, but only means payment of a debt for a specific month ...

Various amounts of fees for the maintenance and repair of the common property of the Moscow Ring Road for owners of apartments and non-residential premises
Often, the HOA establishes various amounts of payment for the maintenance and repair of the common property of an apartment building for apartment owners and owners non-residential premises. Known examples from judicial practice when the court upheld the decision general meeting members of the HOA (on the approval of the estimate) that do not comply with the law ...

Debt collection
local
actual residence, and not at the place of registration

Collection of debt for housing and communal services (rent) at the place of actual residence without registration
The issue of the possibility of collecting debts on rent not at the place of registration of a citizen, but at the place of his actual residence causes numerous disputes, indignation and discontent of citizens. But in practice, the courts often satisfy the requirements of HOA, management companies to collect debt for housing and communal services from persons actually living in the apartment, and not just from those registered ...

The requirement to pay for housing and communal services at the place of actual residence. Claim denial practice
The court refuses to satisfy the requirements of the contractor (HOA, managing organization) for the collection of debts for housing and communal services from citizens who actually live in an apartment without registration if the plaintiff has not proved that the defendants really live in this residential building ...

Solidary debt collection
for payment of housing and communal services

Joint ownership and joint and several obligation to pay for housing and communal services
By general rule, liability is shared, however, by virtue of law or agreement, joint and several liability may be established ...

Joint and several liability of family members of the owner for payment of housing and communal services
Joint and several liability for payment of housing and utilities is borne not only by the owners of residential premises with a common joint ownership, but also by virtue of the law, members of the owner's family ...

Debt collection
for housing and communal services
in shares (participatory responsibility)

Payment for housing and utilities by shared owners of apartments
In the event that the dwelling is located in common property several persons and shares in the right are determined (share ownership; for example, 1/4 share in the right, 1/3 of the share in the right, etc.), then these owners are responsible for paying for housing and communal services in proportion to the share in the common right fractional ownership for an apartment...

Recovery of utility bills from registered persons who are not family members of the owner
Payment for utilities is required to be made not only by the owner living in the apartment, but also by citizens registered in this residential building, regardless of whether they are members of the owner's family or live in the residential building by written or oral agreement. On this issue, there is a legal position of the Supreme Court of the Russian Federation, which indicated the following ...

Shared liability of citizens who are not family members of the owner for payment of housing and communal services
Shared responsibility - the responsibility of a group member within his share of obligations. With regard to the collection of debts for housing and communal services, citizens who are not members of the owner's family are liable for payment of housing and communal services in a shared ratio. For example, if 2 more persons who are not members of his family live with the owner in the apartment ...

Debt collection
for housing and communal services
from employers and family members

Collection of debt on payment of housing and utilities from tenants under a social contract of employment
Arrears for payment of housing and utilities are collected both from the tenant under a social contract of employment, and from members of his family in a joint and several order ...

Payment for housing and communal services by minors

Parents of a minor child pay for housing and communal services
In practice, one can come across the following train of thought of a parent who does not want to pay for housing and communal services for their child: I do not live in an apartment, my spouse lives there (or ex-wife) and our two joint minor children. Therefore, I am not obliged to pay for housing and communal services where I do not live and am not registered, and besides, I pay alimony for the maintenance of children "...

Claim Forms
for the collection of outstanding payments
for housing and communal services

Statement of claim for the recovery of debt on payment of housing and communal services jointly and severally from the owner and a member of his family

The occurrence of arrears in paying utility bills is not a rare occurrence that can lead the defaulter to unpleasant consequences: from power outages and gas to eviction from housing. It can occur for various reasons, for example, lack of financial resources, inattention, dishonesty of the tenant of housing.

The law provides for a number of punitive measures for the debtor, the basis of which is the Housing Code of the Russian Federation. According to it, each owner or tenant of housing is obliged to pay utility bills on time. If you have formed a debt for an apartment, what to do in this situation we will analyze further.

Find out the amount of debt

The Russian Housing Code says that if there is a debt for an apartment that in total exceeds a period of six months, the debtor, along with his entire family, can be evicted. In order to get rid of debt and prevent the worst consequences, it is necessary to draw up a plan of action and follow it. The most important thing is to find out the amount you owe for the rent. You will need:

identity document (passport);
utility bills;
the Internet.

To get information you need:

Contact the housing office at the place of residence or the management company. You will be informed of the amount and penalties, if any. But you should be prepared for the fact that in order to obtain the necessary information, the probability of standing in a long queue is high, which means that a lot of time will be spent.
Go to the website of your management company, register (for this you will need telephone number), log in Personal Area, enter your account number.
Use the services of a bank that provides services for paying utility bills: register, enter your personal account. Thus, you can not only find out the amount of the debt, but also immediately pay it if necessary.

If you have a large debt for an apartment, and you don’t know what to do with it, don’t panic. Carefully study the information provided in the article. Be sure to check if you are entitled to a subsidy, thanks to which the cost of housing and communal services will be significantly reduced, which will allow you to save significantly.

If you check the amount of debt with the Housing Office or the management company, find out which of the services were provided, what is their cost. Accordingly, if they were not carried out, then there is no need to pay for them.

IMPORTANT! Remember that the final amount of the debt is calculated taking into account penalties, if any.

Solutions to the problem

Having found out what amount of unpaid receipts has accumulated along with penalties, it's time to start the question of how best to pay off debts. Here are a few options for paying off debt:

Drafting a debt restructuring agreement. Thanks to him total amount will be divided into parts, which will allow it to be paid in several stages, thereby facilitating financial burden. For most debtors, this is very important, because often non-payment of housing and communal services occurs due to a lack of Money. This way to deal with communal debt is available to the category of citizens who were not previously debtors. The debt is evenly distributed for a certain period, after which it is repaid on a voluntary basis.
Subsidy. state view assistance available to tenants and those who own an apartment. In this case, the restructuring agreement is drawn up in without fail. Information on how to apply for a subsidy can be found on the website of public services. It should be borne in mind that this type of state assistance is provided if 22% or more of the funds are spent on the maintenance of housing total income family living in the apartment.

Now you know how to pay off the resulting rent arrears. Please note that the time limitation period for payment of overdue and. But there are certain amendments to the Housing Code, which provide for the possibility of debt collection even after 5 years. Management companies often file claims for debt collection for a period exceeding the total set time statute of limitations.

Therefore, you should be careful, and in this case, write a statement to the court indicating this fact. This is in the interests of the debtor, because if you do not indicate the terms of collection, no one will pay attention to them. This means that the amount can increase significantly. Regardless of the size, you can always agree with the management company on the best way to deal with debts.

Possible consequences

Being physical or legal entity, everyone is obliged to pay monthly receipts for the received housing and communal services, as stated in Article 153 of the Housing Code of the Russian Federation. But the crisis, the increase in the cost of utilities leave their mark, many have financial difficulties and, as a result, non-payment and accumulated debts.

If it happened that you accumulated heavily indebted on utility bills, it is worth knowing what punitive measures are provided by the state and be prepared for them

penalty

penalty in the form interest rate, charged if available for utility services. Its size depends on the period of non-payment of utility bills, as well as on the type of consumer. If the delay is one month, then no penalty will be charged.

Suspension or complete shutdown of utilities

It is applied when the housing and communal services debt is not paid for more than 3 months. But even in this case, cold water and heating (in winter) will not be turned off. The non-payer must be notified in advance (at least 30 days in advance) in writing against the signature of the debtor that certain utilities will be disconnected. During this time, you can pay the debt.

But if this did not happen, 3 days before the shutdown date, another notification arrives indicating the number and time of arrival of technical workers who will suspend the supply of utilities. After that, the debtor has another 30 calendar days in reserve, during which he can fully or partially resolve the issue with the debt. Otherwise, after their expiration, a complete shutdown is performed.

Judicial recovery

This method is used when the previous one did not work. Then the management company files an appropriate claim with the court for the forced collection of debt from the non-payer, about which he is informed by registered letter or subpoena. Depending on the amount of debt, the claim is considered by a justice of the peace (less than 50,000 rubles) or district court at the place of residence.

Often decisions on such claims are made in favor of the plaintiff. Moreover, the court obliges the debtor to fully repay the debt in a short time, which is most often impossible. As a result, bailiffs come to the debtor for an inventory and subsequent seizure of property, and sometimes a ban on leaving the Russian Federation. Therefore, it is not necessary to bring the matter to such an outcome.

Eviction

An extreme measure that is used when the debtor does not comply with the terms of the restructuring agreement, and there is nothing to recover from it. It is carried out only in court on a positive decision on the claim for forced eviction from the apartment.

Privileges

disabled people;
families of the poor, as well as incomplete;
pensioners;
orphans;
unemployed.

They are also provided with subsidies and compensations to local or federal budget. To get them, you should contact the department of social protection.

Now you know how to deal with a large utility bill and what to do in such a situation. Of course, it is best that it does not arise. But life dictates its own rules. But despite the fact that upon repayment, the amount of payments will be higher due to interest on delinquency, it is still better to pay off the resulting debt than to face other, more serious consequences. Now you know how to deal with rent debt and what to do in this situation. After all, forewarned is forearmed.

Approximately 100 billion rubles of debt for housing and communal services had accumulated by 2016, according to statistics, but until now it has been almost impossible to recover it from apartment owners.

DEBT GOOD TURN DESERVES ANOTHER

As required Housing Code The Russian Federation, owners and tenants are required to maintain residential premises in proper condition and regularly pay utility bills. When calculating, local governments must use the tariffs established by the relevant regulatory legal acts. The management company makes the calculation, and it also sends a receipt to each owner (or tenant) of the apartment. The latter should indicate the type of payment, the volume of services provided, the tariff, the amount of insurance premiums, as well as the amount of payment.

To pay utility bills a certain period, in case of violation of which the debtor is charged a fine. In order to receive the amount due, the creditor may apply to the court, according to which the debt will be collected by bailiffs or collection agency. However, for bailiffs, the amount of debt of each payer is too small, and contact collectors managing organization can, only if an agreement has been concluded with the non-payer, according to which data about the debtor can be transferred to third parties. Most often, such a clause is not included in the contract, and therefore debtors may not pay their bills for a very long time, continuing to use utilities. Therefore, since 2016, changes have been made to the legislation: a simplified procedure for collecting debts and a progressive penalty on the amount of debt have been introduced.

JUDGMENT

This option is very simple and convenient for the creditor - the management company, which is enough to apply to the court at the place of residence of the debtor with an application for a court order. The procedure is not new, it could have been applied to debtors before, but the federal law dated March 2, 2016 No. 45-FZ, in accordance with which amendments were made to the Civil Procedure Code of the Russian Federation, de jure fixes this procedure as the main algorithm for obtaining rent arrears in courts of general jurisdiction (and not in arbitration).

THE DECISION ON THE JUDICIAL ORDER TO COLLECTION OF THE RENT DEBT IS MADE WITHOUT DETERMINATION AND SUMMONING THE PARTIES TO PARTICIPATE IN THE MEETING. THE DECISION IS NOTIFIED TO THE DEFAULTER AND THE MANAGING ORGANIZATION, AFTER THEN THE PARTIES HAVE 10 DAYS TO APPEAL. IF THE COMPLAINT IS NOT RECEIVED, THE ORDER IS SUBJECT TO IMMEDIATE EXECUTION

Court order - a decision issued by a single judge on the basis of an application for recovery from a debtor sums of money or on the recovery of movable property, if the amount of money or the value of movable property does not exceed 500 thousand rubles. The application for the issuance of a writ is similar in structure and content to a regular statement of claim. The introductory part begins with an indication of the justice of the peace, the exactor (CC or HOA) and the debtor. If the defendant is only temporarily registered in an apartment for which utility bills are going to be collected, it is necessary to indicate the place of his permanent registration (if it is known to the claimant). The descriptive part must include the date from which the debtor owns the property (for confirmation, an extract from the Unified State Register of Real Estate Registration on real estate).

If there is no certificate of ownership, copies of the act of acceptance of the premises and (or) the contract will be required equity participation. The main part indicates the details of the minutes of the meetings on establishing the amount of payment for the maintenance of common property, as well as payments for other needs of the house (these documents are needed to determine the amount of debt). The operative part of the application is a requirement for the issuance of a court order, the amount and period of debt collection and penalty payments (penalties). The application must be accompanied by all copies of documents that confirm the existence of debt: calculation of debt and penalties for the relevant period; minutes of meetings during which the amount of payments for general needs was established; an agreement with the debtor on the provision of services by the management company (if any) and (or) an agreement with the HOA for managing the house; receipts with indications of general and individual metering devices for the specified period; payment order on payment state duty(in the amount of 50% of the amount payable when filing the same claims in the claim proceedings).

FINES WILL BE PAYED NOT ONLY TO THOSE WHO "FORGET" ABOUT THE RENT, BUT ALSO MANAGEMENT COMPANIES. THEY CAN BE FINED IN FAVOR OF THE RESIDENTS FOR ILLEGALLY CALCULATED AMOUNT (UP TO 50% OF THE INCORRECTLY CALCULATED PAYMENT WILL BE CONSIDERED IN FUTURE PAYMENTS) AND FOR POOR-QUALITY SERVICES (UP TO 30% OF THE COST)

You can submit an application to the justice of the peace either by mail or by courier, with a power of attorney. The choice of a justice of the peace is determined by the judicial district, which is assigned to the territory of the debtor's house. After filing the application, the court within three days makes a decision on issuing an order (or within five days prepares reasoned refusal issue it). The parties are not summoned to court, the session does not take place. A copy of the decision is sent to the participants of the case no later than the next day after the day of its adoption, the text is posted on the official website of the court on the Internet.

The court order enters into force ten days after receipt by the debtor and from that moment is equivalent executive document. The order is then sent bailiffs. After receiving the order, you can file an objection to it within ten days. The owner of the apartment, disputing his debt, must indicate in the objection that he does not agree with the order. In this case, the case is referred to the court or (if there are sufficient grounds, for example, if the debtor submits receipts for payment of utility bills), the court order may be canceled.

However, a court order is not the only way to get a debt. If the acceptance of the application is refused or the order is canceled, the managing organization has the right to apply to the court with an ordinary statement of claim.

THE COURT IS COMING

According to experts, one of the obstacles to the effective collection of all kinds of debts is a lengthy litigation. That is why court proceedings offered to simplify as much as possible. V simplified procedure cases may be considered: on the recognition of the right of ownership and on the recovery of funds or on the recovery of property, if the value of the claim does not exceed 100 thousand rubles; on statements of claim that are based on documents submitted by the plaintiff establishing recognized, but not executed by the defendant monetary obligations and (or) confirming the debt under the contract. In this case, the case should not: arise from administrative legal relations (when one of the parties is the state represented by authorities); be connected with the state secret; affect the rights of children; fall under the signs of special proceedings (when the goal is not to resolve a dispute about the right). In addition, the judge may return to general order consideration when it is necessary to clarify additional circumstances or examine additional evidence, appoint an expert examination or hear testimony, and also if the rights and legitimate interests of other persons may be violated due to a court decision.

IN THE OPINION OF A SERIES OF EXPERTS, THE ALGORITHM OF COLLECTION OF DEBTS BY JUDICIAL ORDER WILL BE ABLE TO BE USED BY CELLULAR COMMUNICATION OPERATORS. IN ACTUALLY, THE RULES OF THE LAW ARE RELATED ONLY TO DEBTS FOR A CITY PHONE, BUT, PROBABLY, THEY CAN BE REVERSED AGAINST "MOBILE DEBTORS" IT IS ALL ABOUT THE COURT'S DECISION

The court issues a ruling on the acceptance of the statement of claim for proceedings. The document notes that the case will be considered in a simplified manner, sets a time limit for the parties to submit evidence and objections regarding the claims made. It is at least 15 days from the date of the ruling. The court may also invite the parties to resolve the dispute on their own, indicating the possibility of reconciliation. If evidence and other documents were received by the court before the decision on the case was made, but after the expiration of the established period of time, they are accepted only if the deadline was missed for good reasons. The case is considered without summoning the parties. The court examines the explanations, objections and arguments set out in the documents and makes a decision based on the evidence presented.

IN 2016, THE GROWTH OF HUSAL TARIFFS IS PLANNED AT THE LEVEL OF 4%, WHICH IS SIGNIFICANTLY LOWER INFLATION. EXPERTS SUGGEST THAT THE NEW RULES FOR COLLECTING DEBT AND ACCRUING FINE PAYMENTS WILL HELP NOT ONLY RESOURCING ORGANIZATIONS, BUT ALSO BEAUTIFUL RESIDENTS, BECAUSE THEY WILL CONTRIBUTE TO SLOWER RENT GROWTH

WE COUNT?

Previously, penalties were charged from the first day of delay in the amount of 1/300 of the refinancing rate Central Bank RF for each day of debt. From January 1, 2016, the system for calculating penalties has changed. Now the penalty payment is charged from the 31st day of delay in payment in the amount of 1/300 of the rate, and from the 91st day the penalty will increase to 1/130. The refinancing rate of the Central Bank from January 1, 2016 is 11%. According to statistics, the average size payment for an apartment of 60 m² in Moscow is about 6 thousand rubles. Based on these data, we derive the formula: payment amount \u003d debt × delay period (in days) × penalty amount, where the amount of debt is the rent multiplied by the number of months of delay.

According to the old rules, if you owe for 1 month, then in the next you must pay (in addition to the rent for 2 months) a penalty in the amount of 68.2 rubles. (6000 x 31 x 0.11/300). According to the new rules, no debt is accrued for the first month. From the second, the amount of debt will remain the same as before - 68.2 rubles. From the third month, the amount will begin to increase almost 2.5 times: 6000 × 3 × 91 × 0.11 / 130 = 1386 rubles. The authors of the innovation are confident that its severity is offset by the ability to use the first 30 days as an installment plan. The latter is especially relevant for those who went on a long business trip, did not receive a receipt on time, or suffered from salary delays.

However, law-abiding payers should not delude themselves too much. The debts of the owner of the premises and the accrued penalties will initially be repaid by the management company, since it is she who will have to pay the bills of utility suppliers. Then the amount of debt will be withdrawn from the accumulated under the article "Maintenance of the common property of an apartment building", that is, less and less funds will be allocated for the maintenance of the building. Representatives of the governing organizations are not sure that new order collection of debts will allow in practice to receive the amounts due from debtors.

House managers are convinced that only a number of measures will help to cope with non-payers: the inclusion of the amount of fines in the general payment document, legislative consolidation of the transfer of debt for housing and communal services rendered to a new owner when selling an apartment, as well as a significant simplification of the procedure to limit the provision of utilities to debtors. Who is right - management companies or legislators, will become clear by the end of the year, when the first results of court hearings on the collection of utility debts appear.

INCORRECT RENT

Errors in payments are most often associated with the fact that the Criminal Code charges rent for retired tenants (for example, for a deceased relative registered in the apartment, or for previous owners when the owner of the home changes). But if, when studying a receipt for paying utility bills, it turned out that the accrued amounts are far from real (say, the payment for used hot and cold water was incorrectly calculated), you need to do the following.

Draw up an application to the management company with a request to describe in detail the procedure for calculating utilities, as well as indicate the applicable tariffs and standards. The management company must respond within three days, but has the right to ask for an extension of this period.
If there is no response from the management company, it is necessary to apply with an application to the control and supervisory organizations - the housing inspection at the place of residence, the tariff regulation authority and Rospotrebnadzor (protects all consumers of services without exception).
At the same time, you can send an application to the prosecutor's office, which is designed to protect the rights of citizens in all cases without exception. The application must be registered and reviewed within 30 days.
In the event that the rent has not been recalculated, it is necessary to go to court. To draw up a statement of claim, you should use the help of a specialized lawyer. If the court decision is positive, the management company is obliged to recalculate in as soon as possible Otherwise, the bailiffs will deal with the problem.