Responsibilities of the bailiff for debt collection

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You stand inviolably on guard of the law and are firmly bound to it by a single concern. You are a bailiff, and you must always carry out court orders on time.

The above poem shows the essence of the work of bailiffs: to ensure the execution of court decisions on time and on the basis of the law. As everyone knows, court decisions are not always executed on time by bailiffs.

When something needs to be arrested or confiscated, perhaps they act faster, but correcting their own shortcomings or working efficiently and in a timely manner is more difficult and takes longer to force. The reasons for non-execution of court decisions are sometimes the impossibility or difficulty of execution due to the debtor’s lack of property. But sometimes the reasons are banal: the bailiffs’ negligence towards their official duties and their inaction.

I have no doubt that the workload of bailiffs is high, but this does not give them the right to treat their work carelessly.

Failure to comply with a court decision

Every court decision that has entered into legal force, regardless of which court made it, must be compulsorily executed. Failure to comply with a court decision entails liability and punishment determined by law.

From the point of view of penalties provided for non-execution of judicial acts, the last value is interesting. Moreover, the court’s verdict is called a decision, or has the form of a resolution, determination, order and even a sentence.

1. In the event of failure to fulfill, within the time period established by this Federal Law, an executive document containing demands for the collection of funds from the debtor, a bank or other credit organization servicing the debtor’s accounts, if there are funds in these accounts, the bailiff shall draw up a protocol on the administrative offense in the manner established by Article 28.2 of the Code of the Russian Federation on Administrative Offenses.

Current issues of recovery of damages from the bailiff service

This material is not a methodological guide to recovering damages from the bailiff service.

The main goal is to draw the attention of the participants in the relationship to the problems of enforcement proceedings, namely the long-term inaction of bailiffs, as a result of which the debtor’s property is lost and the court decision ultimately remains unexecuted for the creditor. The situation regarding the recovery of damages from the bailiff service can be divided into two large blocks: (1) Losses associated with causing harm to the FSSP of Russia, where the cause-and-effect relationship between the illegal actions of the bailiff service and the resulting harm does not cause any particular difficulties in proving.

For example, damage was caused by a car of the Federal Bailiff Service of Russia as a result of an accident. Another example, the bailiff service illegally restricted a citizen from leaving the Russian Federation, as a result of which an expensive vacation package was lost.

The Supreme Court assessed the inaction of the bailiff // The Civil Collegium did not support the courts that refused to recover damages from the FSSP

The issue of collecting damages from bailiffs due to their illegal actions has again become the subject of study by the Supreme Court (SC). At the end of January, the Civil Collegium of the Supreme Court considered a dispute where, due to the inaction of the bailiff, it became impossible to foreclose on the debtor’s vehicles.

He also had other property, but the bailiff did not take any measures to collect it.

The amount of damages demanded by the plaintiff is 674 thousand rubles. The Supreme Court did not agree with the lower courts, which refused to recover damages, citing the unfinished nature of the enforcement proceedings. Last week, the Economic Collegium of the Supreme Court refused to recover $6.2 million in damages from the Federal Bailiff Service (FSSP), deciding that the plaintiff was not actively seeking to collect the debt. Valentina Nakonechnaya, a resident of the Krasnoyarsk Territory, achieved the recovery of 674 thousand from Siberian Style LLC.

Bailiffs deposit

The bailiffs' deposit is the totality of funds that are collected from the debtor in the process of fulfilling the requirements reflected in the writ of execution, including through the sale of even the debtor's property, which must be credited to the deposit account of the bailiffs' division.

In the absence of funds or their insufficiency from the debtor, foreclosure is applied to other property that is in his ownership, economic management and operational management (except for property that is not subject to recovery according to the law, regardless of whose and where it is actually owned or it is in use and the property withdrawn from circulation). Such property is subject to sale, and the funds are deposited with the bailiffs.

The bailiff is inactive. How to recover damages from him?

You can recover damages from the bailiffs if they were inactive or worked unprofessionally and because of this the debtor withdrew the property and did not pay.

The company has the right to count on the amount that it was unable to obtain in enforcement proceedings. Last year, claimants managed to get 117 million rubles. The article examined how to behave during enforcement proceedings so that the court does not later refuse to recover damages, which will help prove the damage, and whether a company can receive compensation for moral damages for the bailiff’s inaction.

Read about the tricks that FSSP employees will use in court to avoid payment, and how to resist them. In order for the court to satisfy the claim and recover damages from the FSSP, the company must confirm its good faith. You will have to prove that you controlled the progress of the enforcement proceedings—they helped the bailiff collect the debt.

To do this it is necessary to implement

The state will pay for the bad work of bailiffs (Korobkova K.)

The work of bailiffs causes dissatisfaction among many creditors.

How can you recover compensation from the state for the unsatisfactory performance of the bailiff service and what will you have to prove when applying for compensation? General questions In 2010, Federal Law No. 68-FZ of April 30, 2010 “On compensation for violation of the right to legal proceedings in a reasonable time or the right to execute a judicial act within a reasonable time.”

It regulates the procedure for collecting compensation for violation of the terms of legal proceedings and the work of the bailiff service. In accordance with the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 30, the Plenum of the Supreme Arbitration Court of the Russian Federation No. 64 dated December 23, 2010 (hereinafter referred to as the Resolution), cases of awarding compensation are subject to the jurisdiction of courts of general jurisdiction in the event that if the claim for compensation is caused by a long period of legal proceedings in the case in a court of general jurisdiction

How to quickly return money written off by bailiffs

The funds written off by the bailiffs are not immediately used to pay off the debt. Bailiffs first hold the money in their account

(at the treasury), and only after a few days they are transferred to the creditor or government agencies. This way they give the debtor time to react to the write-off and take some measures.

But even when returned, the written-off money will not immediately go to the debtor’s account - the application for return is considered by bailiffs within 40 days

depending on the reason for the return.

After the application is reviewed and the management of the FSSP decides to return the excess funds written off, the money will be credited to the bank account within 5 business days (the money will be returned by the Treasury). Of course, the money will arrive in the same order in which it was withheld - if it was written off in several payments, then it will be returned in exactly that way, and not in one amount

Is it possible to recover money from the bailiff service for failure to comply with a decision?

» » In this article, lawyer Alexey Knyazev answers the popular question: “?”. Good evening! In 2014, I entered into an agreement with an individual to build a foundation, but they didn’t build anything for me.

Won in court. He was ordered to return the money. He gave the writ of execution to the bailiffs at his place of registration in another city.

Two years of their inaction, now they are transferring the case to my city because he lives here, but for two months now the case materials have not been able to reach the local bailiffs. Question 1. Is it possible to somehow influence the bailiff court? 2. And is it possible to sue them for inaction and collect my debt from them for failure to fulfill their official duties?

I wrote to the prosecutor's office and received a letter with formal replies indicating that the work was in progress. Thanks in advance Answers from lawyers (2)

Decision No. 2-3662/2015 2-3662/2015~M-3391/2015 M-3391/2015 dated December 8, 2020

in case No. 2-3662/2015

not addressed. In February 2014 The bailiff sent inquiries to various authorities, it was established that the debtor has an apartment that was seized, a Chevrolet Cruze car worth 500,000 rubles, as well as a garage that is encumbered (mortgage). When sending a request to the personnel department of JSC Russian Railways, it turned out that this information was out of date, Altukhova A.M.

doesn't work there. Since March 2014

The bailiff did not carry out any other enforcement actions. The bailiff did not establish various types of restrictions for the debtor, including restrictions on travel outside the Russian Federation, and did not take measures to search for the debtor. If the two-month period for enforcement proceedings established by Part 1 of Art.

The Law “On Enforcement Proceedings” has expired, and the bailiff did not carry out enforcement actions, the court may satisfy the claim for damages in the amount of the unexecuted enforcement document.

§12. Liability of the debtor for non-fulfillment of the writ of execution

First of all, the measure of liability for failure to comply with the bailiff’s requirements is the collection of an enforcement fee (see above for more information). In addition, if the debtor, without good reason, does not fulfill the requirements of the writ of execution within the time period established by the bailiff, the bailiff will impose a fine on him in the amount of up to 200 minimum wages and assign him a new deadline for execution. For subsequent violations of the new deadlines, the fine is doubled each time. In addition, in case of repeated failure to comply with the writ of execution, the bailiff is obliged to hand over documents about the violator in order to bring him to criminal or administrative liability. Currently, the following types of liability have been established for violations related to enforcement proceedings. Failure to comply with a lawful order of a bailiff to terminate actions that violate the rules established in court shall entail the imposition of an administrative fine in the amount of five to ten times the minimum wage (Clause 2 of Article 17.3 of the Code of Administrative Offenses of the Russian Federation). Obstructing the lawful activities of a bailiff while on duty entails the imposition of an administrative fine on citizens in the amount of ten to fifteen times the minimum wage; for officials - from twenty to thirty minimum wages (Article 17.8 of the Code of Administrative Offenses of the Russian Federation). Encroachment on the life of a bailiff, bailiff, as well as their relatives in connection with the consideration of cases or materials in court, the conduct of a preliminary investigation or the execution of a sentence, court decision or other judicial act, committed in order to impede the legitimate activities of these persons or out of revenge for such activity is punishable by imprisonment for a term of twelve to twenty years, or life imprisonment, or the death penalty (Article 295 of the Criminal Code of the Russian Federation). The threat of murder, harm to health, destruction or damage to property against a bailiff, bailiff, as well as their relatives in connection with the conduct of a preliminary investigation, consideration of cases or materials in court, or the execution of a sentence, court decision or other judicial act, is punishable by a fine of in the amount of up to two hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to eighteen months, or by arrest for a term of three to six months, or by imprisonment for a term of up to two years (Article 296 of the Criminal Code of the Russian Federation) Slander against a bailiff is punishable a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months, or correctional labor for a term of up to two years, or arrest for a term of three to six months, or imprisonment for a term of up to two years ( Article 298 of the Criminal Code of the Russian Federation). On punishment for disclosing information about security measures applied in relation to a bailiff, as well as in relation to his relatives, if this act was committed by a person to whom this information was entrusted or became known in connection with his official activities, is punishable by a fine of up to two hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to eighteen months, or by restriction of freedom for a period of up to two years, or by arrest for a period of up to four months (Article 311 of the Criminal Code of the Russian Federation).

How we lost a lawsuit to recover damages for 210 million rubles

When Yuri M. arrived at the warehouse to remove his wife’s property, a new surprise awaited him.

When asked where the seized property went and where it could be picked up, FSSP officers just shrugged their shoulders and could not answer anything intelligible. This turn of events was followed by a huge number of complaints to the prosecutor’s office, statements to the Ministry of Internal Affairs, and letters to the President of the Russian Federation demanding an understanding of the current situation.

The bottom line was the following: the leadership of the FSSP of the Russian Federation reported that they could not establish where the seized property was physically located. But at the same time they confirm that on their part the property is actually Yuri M.

was not transmitted. from the decision to refuse to initiate a criminal case, it turned out that the FSSP did not have an agreement with the responsible custodian (LLC “E”). This circumstance gives rise to a logical question: “why... did they transfer the expensive property for storage to the Company?”

Job responsibilities

2.1. Accepts securities and/or their certificates and certificates of immobilization of registered securities.

2.2. Preserves securities and/or their bearer certificates and certificates of immobilization of registered securities.

2.3. Carries out the movement, collection and transportation of securities and/or their certificates and certificates of immobilization of registered securities.

2.4. Issues securities and/or their certificates that have been held by a depository institution.

2.5. Checks securities and/or their certificates for authenticity (authenticity).

2.6. Carries out an inventory of securities and/or their certificates and certificates of immobilization of registered securities, stores global certificates and temporary global certificates.

2.7. Carry out administrative operations: opening securities accounts, making changes to the account form, closing securities accounts, changing the method of storing securities and other changes not related to changes in the balances of securities in securities accounts.

2.8. Performs accounting operations: depository operations for maintaining accounts in securities and displaying transactions with securities, the consequence of which is a change in the number of securities in securities accounts, setting or removing restrictions on their circulation, as well as changing the mode and place of storage (location) depositary assets, operations of crediting, writing off, transfers; movement of securities.

2.9. Carry out information operations: depository operations, the consequence of which is the issuance of extracts from securities accounts and other information regarding transactions of depositors (clients) on securities accounts at the request of depositors (clients) and other persons in accordance with their authority to receive such information;

operations for the preparation and issuance of statements of securities accounts, information certificates, reference and analytical materials characterizing the securities market; operations to transfer information to clients (depositors) regarding the issuer's operations (including providing information about the issuer holding a general meeting, the use of voting rights, etc.).

2.10. Carries out servicing of the issuer's transactions regarding the securities issued by it - reflection of transactions on accounts in the issuer's securities; redemption (purchase by the issuer of securities issued by it for their subsequent resale, distribution among its employees or cancellation);

splitting (reducing the nominal value of securities of a certain issue with a simultaneous increase in their number without changing the volume of issue); consolidation (increasing the nominal value of securities of a certain issue with a simultaneous decrease in their quantity without changing the volume of issue);

conversion (exchange by the issuer of securities of one issue into securities of another issue in accordance with the terms of their issue); cancellation (the set of actions of the issuer regarding the termination of all rights that the securities provide);

redemption (the set of actions of the issuer to terminate the circulation of securities and their cancellation in accordance with the terms of the issue); operations related to changes in the size of the authorized capital of a joint-stock company;

2.11. Opens and maintains issue accounts for uncertificated securities placed and/or redeemed by the issuer.

servicing investment (mutual) funds and joint investment institutions (mutual and corporate investment funds); implementation, maintenance and support of computerized systems for servicing securities accounts.

2.13. Knows, understands and applies current regulations relating to his activities.

2.14. Knows and complies with the requirements of regulations on labor protection and environmental protection, complies with the norms, methods and techniques for the safe performance of work.

2.1. Accepts valuable papers and/or their certificates and certificates of damage to valuable papers.

2.2. Saves valuable papers and/or their certificates for presentation and certificate of damage to registered valuable papers.

2.3. Active movement, handling and transportation of valuable papers and/or their certificates and certificates of damage to valuable papers.

2.4. You can see valuable papers and/or their certificates that were saved by the depository institution.

2.5. Checks valuable papers and/or their certificates for correctness (authenticity).

2.6. Effective inventory of valuable papers and/or their certificates and certificates of damage to valuable papers, saving global certificates and timely global certificates

2.7. Current administrative operations: opening the folders for valuable papers, making changes to the storage form, closing the folders for valuable papers, changing the method of saving valuable papers, etc. and changes that are not related to the change of surplus valuable papers on the shelves of valuable papers.

2.8. Current area operations: depository operations from the maintenance of accounts of valuable papers and display of operations from valuable papers, including changing the number of valuable papers on the In case of valuable papers, installing or removing restrictions to keep them safe, as well as changing the mode and saving (recovery) depositary assets, transactions of insurance, write-off, transfer; moving valuable papers.

2.9. Current information operations: depository operations, including the receipt of deposits in valuable papers and other information before operations of depositors (clients) c) with the security of valuable papers for the requests of depositors (clients) and other individuals, due to their responsibility for withdrawing such information;

operations with the preparation and types of items from the storage of valuable papers, informational evidence, analytical materials, which characterize the market for valuable papers; operations involving the transfer to clients (depositors) of information related to the issuer’s operations (including information about the issuer’s holding of ceremonial fees, the restoration of voting rights, etc.).

2.10. The current servicing of the issuer's operations prior to the issue of valuable papers is the implementation of operations on the shelves of the issuer's valuable papers; redemption (purchase by the issuer of valuable papers issued by him for their further resale, dissemination among his employees or cancellation);

crushing (change in the nominal value of valuable papers of the new issue with an immediate increase in their quantity without changing the obligation to issue); consolidation (increasing the nominal value of valuable papers of the first issue with overnight changes in their quantity without changing the obligation to issue);

conversion (exchange by the issuer of valuable papers of one issue for valuable papers of another issue based on the minds of their issue); cancellation (the totality of the issuer's actions to the extent that all rights to issue valuable papers have been assigned);

repayment (the totality of the issuer's actions to apply to valuable papers and their cancellation is consistent with the issue); operations related to changes in the size of the statutory fund of a joint stock partnership; payment by the issuer of income for the valuable papers issued by him; operations related to the reorganization.

2.11. Reveals the secret accounts behind undocumented valuable papers that are located and/or purchased by the issuer.

2.12. There is an active regional register of archives of valuable papers; deterioration of valuable papers; translation of all editions of valuable papers issued in documentary form into non-documentary form;

registration of a depository establishment as a nominal accountant in the register of Vlasniks of registered securities: servicing investment (mutual) funds and private investment institutions (shares and corporate funds) investment funds);

2.13. I know that I understand and understand the current regulatory documents that govern my activities.

2.14. Knows and implements the benefits of regulations on the protection of food safety, adheres to the standards, methods and techniques of safe viconant work.

The joint venture is assigned the following functions:

Organize a set of measures for the full and timely execution of the judicial act.
Notify participants in enforcement proceedings (i/n).
Receive and process applications and petitions of the parties to optimize the enforcement procedure.
Instruct the claimant and the defendant.
Initiate the withdrawal of your candidacy if circumstances arise that determine the relationship with the participants in the process.
Request and process personal information of citizens exclusively within the framework of production.
Conduct operational investigative work, make requests to identify the location of the defendant, his children, property, and financial situation.
Arrange for the arrest of the offender.
Timely report to a superior official about a detected offense, crime and other actions within the scope of competence.

An official of the SSP does not have the right to carry out the execution of a court decision on individuals who have close relationships with him or other direct dependence. The personal interest of the bailiff becomes the basis for his removal from the IP.

The claimant, the debtor and the bailiff himself can initiate removal from proceedings. An individual may be deprived of the right to carry out performing activities, dismissed from office based on a decision of a person of higher status, based on the results of the supervision of a prosecutor, a court decision in case of violation of the legal order, internal instructions, inaction, or insufficient level of qualifications.

Effective work and experience of the bailiff ensure the completeness and timeliness of execution of judicial acts. The activities of the service are regulated by law, which guarantees satisfaction of plaintiffs' demands to the maximum possible extent, protection of interests, constitutional rights of citizens within the framework of enforcement proceedings and allows disputes to be resolved in the shortest possible time.

Losses from bailiffs can only be recovered by a bona fide creditor

During enforcement proceedings, the bailiff illegally lifted the seizure of the debtor's property. The debtor withdrew the assets, but the claimant's demand was not satisfied.

What does judicial practice say about the recovery of damages from bailiffs?

According to Art. 1064, art. 1069, the claimant has the right to demand that he be compensated for losses from the treasury of the Russian Federation if damage has been caused. Let's look at the difficulties the claimant faces, using an example from judicial practice of collecting damages from bailiffs for inaction or illegal actions. The bailiff illegally lifted the arrest from the plots of land, which is why the debtor managed to sell them.

The creditor tried to obtain compensation from the state. However, the Supreme Court of the Russian Federation rejected the entrepreneur, as it did not see in the plaintiff’s actions a bona fide attempt to use other available methods of defense, other than filing a claim against the state. owned land plots under a lease agreement.

The creditor under the agreement demanded foreclosure on this property.

New positions of the Supreme Court of the Russian Federation on the recovery of losses caused by a bailiff.

NEW POSITIONS OF THE SUPREME COURT OF THE RF ON THE COLLECTION OF DAMAGES CAUSED BY A BAILIFF - EXECUTOR. On our website we examined in detail the mechanism for collecting losses from the treasury of the Russian Federation caused by illegal actions (inaction) of bailiffs.

The Supreme Court of the Russian Federation in case No. 5-KG 16-37 set out new positions that are important when protecting a creditor in enforcement proceedings.

In my practice, there have been numerous cases where bailiffs deliberately issued various decisions, which were later declared illegal and invalid by the arbitration court.

The courts refused to recover damages in the amount of about 8 million.

rubles The Supreme Court of the Russian Federation overturned the judicial acts of lower courts and set out new legal positions that can be used in statements of claim.

Lawyer, Alexander Vatolin. Below is the text of the decision of the Supreme Court of the Russian Federation. SUPREME COURT

Writ of execution as a way to repay a debt

The result of each enforcement proceeding results in the issuance of a court decision and the issuance of a writ of execution. What is this landmark legal document?

A writ of execution is an act of special importance, which contains mandatory requirements, in accordance with the court decision, and is drawn up in the approved form (approved by the Decree of the Government of the Russian Federation of July 31, 2008 No. 579).

The writ of execution contains the following information:

operative part;
name and address of the judicial institution;
individual case number;
the date of the verdict and the time when it becomes valid (or immediate execution is said);
date of issue of the writ of execution;
initial data about the creditor and debtor.

Information about the debtor in the writ of execution is presented as follows: full name, place of residence or stay, year and place of birth, position and place of work.

How is it used

How to deal with a debtor under a writ of execution? To collect the debt, the specified official document must be presented to the appropriate institution.

Presentation of a writ of execution to a debtor occurs in two ways:

The claimant sends an official document to the appropriate department of the local body of the FSSP of the Russian Federation, where the bailiff initiates enforcement proceedings and decides to withhold the debt from the salary and other income of the individual.
The claimant can submit a writ of execution to a financial organization or to the company where the debtor works. In this case, you will need an application with bank details, full name, tax identification number and passport details of the recipient.

In this case, the authorized representative of the applicant must provide a power of attorney and current information about himself.

Duration of validity and notification of the debtor

The validity period of the writ of execution is 3 years. However, there are nuances:

when the deadline for presentation is restored, the writ of execution is valid for 3 months;
the term of the executive act on the return of a child illegally taken to a foreign state is 1 year;
a writ of execution received in an administrative case is presented in the first 2 years;
if the writ of execution is returned from the bank due to a lack of funds from the debtor, then it can be re-presented within six months.

A writ of execution is necessary for debt collection and is valid for 3 years

What to do if the court decision is not fulfilled by the debtor? A creditor or a bailiff can send an application to the court to raise the issue of bringing the debtor to appropriate punishment.

According to Part 1 of Article 113 of the Code of Civil Procedure of the Russian Federation, all participants in enforcement proceedings are notified of the start of the consideration of the case by registered mail with mandatory return receipt, a summons, or by telephone or electronic communication.

If the debtor is not notified of the enforcement proceedings, grounds arise for challenging the methods of the bailiff or the decisions adopted by him, because they are considered illegal.

The Supreme Court of the Russian Federation explains that improper notification of the debtor is also grounds for canceling the ruling of the supervisory court. Thus, failure to notify may result in adverse consequences, including the revocation of subsequent orders.

A complaint about the inaction of the bailiff should be filed within 10 days from the date of the decision and confirmation of the fact of improper notification. The complaint may be recognized in part or in full; sometimes the bailiff’s inaction is recognized as lawful. If the complaint is satisfied through the court, the individual has the right to demand compensation for moral damage.

Attention! You can familiarize yourself with the order of debt repayment under the writ of execution.

Russian legislation requires strict compliance with legal norms. Otherwise, the individual risks becoming found guilty of a crime or misdemeanor, which entails administrative or criminal liability.

In order to avoid negative consequences, the debtor must comply with the prescribed requirements of the writ of execution within the prescribed period and not interfere with the activities of bailiffs.

>How to collect alimony debt in 2019

5/5 (1)

How to recover damages from bailiffs

Illustration: Pravo.Ru/Oksana Ostrogorskaya The bailiff seized the debtor's property, but after a few months it was lifted, allegedly at the request of the bank, which reported the mortgage.

But the law on enforcement proceedings does not prohibit the seizure of property as collateral. With the “help” of the bailiff, the debtor sold his properties, and the creditors were left with nothing.

But a few years later, one of them managed to recover losses from the treasury. What is the complexity of such cases and how to win them, lawyers told.

The other day he confirmed that the FSSP must pay 7.9 million rubles.

compensation in favor of Ayvest LLC. The company was unable to recover this amount from individual entrepreneur Kamil Mullakhmetov, its debtor, due to the fault of the bailiff R. Malikova. In the summer of 2012, she seized the debtor’s property: a shopping center and a land plot.

In October 2012, AK Bars Bank reported that the property was mortgaged under a loan and asked to lift the arrest.

Prerogative of the bailiff

Art. 12 part 2 of Federal Law No. 118 gives the joint venture the following powers:

Receive through requests information about the debtor’s identity, his family, and financial and property status.
Draw up a schedule of periodic checks of the defendant’s employer’s correct compliance with the procedure for deductions under i/p.
Give instructions and instructions to direct participants and/or in order to achieve maximum results in the case.
Come to the home of the defaulter (not daily), visit the territory of the premises belonging to him by right of ownership or temporary disposal, plus describe the property.
Take property, organize evaluation and sale, impose restrictions on the right of disposal.
Seize the defendant’s funds stored in a financial institution solely for the amount of the claim.
Organize, with the consent of the debtor and at his expense, the procedure for the seizure and transportation of property objects to the place of reservation.

JVs have the right to receive all necessary information about the debtor

Require clarification from a superior official and other bodies within the framework of enforcement proceedings.
Invite individuals involved in the production to provide explanations.
Use force against the debtor to ensure the safety of other citizens.
Carry out verification of identity documents, granting of powers to individuals according to personal information.
Ask for assistants from management, to provide assistance from government agencies without paying a fee: Ministry of Internal Affairs, Federal Migration Service, Federal Tax Service, Central Social Security Service, etc.

The bailiff may grant the borrower a deferment on an enforceable court decision based on an application and supporting documents. For example, if a citizen falls ill and cannot work, then the loan payment deadline will be postponed while he is on sick leave.

When will it stop

Deductions from wages are carried out until:

The executive document will not be executed in full;
Enforcement proceedings were terminated for any reason;
Foreclosure of wages was declared illegal.

Termination of enforcement proceedings may occur in connection with the recognition of certain actions of the bailiff as illegal, or in connection with the execution of a court decision. In this case, it is in the debtor's best interest to notify his employer as soon as possible of the need to stop deductions from wages.

Expert opinion

Lawyer Alexander Vasiliev comments

Foreclosure of wages will also stop if the debtor quits his job. In this case, the employer must return the writ of execution to the bailiff with a note on the total amount collected and the period during which the employer withheld funds from payments to the employee (Article 98 of the Law on Enforcement Proceedings).

Enforcement proceedings

According to the IP, the bailiff carries out the following actions step by step:

Takes the plaintiff's application for execution and initiates proceedings.
Informs participants in the procedure about enforcement measures.
Sends written requests to the defendant and applicant to provide explanations on the case in order to speed up its progress.
Assigns a deadline for the subject to voluntarily repay debts and fulfill obligations.
Organizes activities to analyze the financial and property situation of the debtor: sends requests to close relatives of the defendant, traffic police, Federal Tax Service, Rosreestr, housing and communal services, credit organizations, etc.
Establishes for the defaulter restrictions on the right to dispose of funds and property, the value of which is commensurate with the debt.
Forfeit the defendant's money balance in the bank as a percentage.
Sends notification to the plaintiff about the progress of i/p.
Visits the apartment where the debtor is located, lives and stores property.
Engages an accredited appraiser to determine the market value of objects.
Transfers the seized property of the debtor for sale through auction.
Regulates the distribution of proceeds to repay debt in the established order.
Collects the performance fee and transfers it to the budget.
Completes i/p.

Bailiffs must notify in advance of the commencement of enforcement proceedings

Bailiffs are endowed with rights and responsibilities that allow them to satisfy the demands of the court without affecting the interests of government agencies and the constitutional rights of citizens. Punishment may be imposed for exceeding authority, failure to fulfill obligations, and illegal actions of the joint venture.

Restrictions

It is impossible to seize all money coming into accounts. The debtor has the right to retain the funds necessary for life. Their maximum size is limited by Articles 99 and 101 of the Law on Enforcement Proceedings, as well as the Labor Code of the Russian Federation.

As a general rule, the debtor will retain at least 50% of the income received (Article 99 of the Law on Enforcement Proceedings, Article 138 of the Labor Code of the Russian Federation). However, in some cases the amount of deductions can reach up to 70%:

collection of alimony for minor children;
compensation for harm to health;
compensation for damage in connection with the death of the breadwinner;
compensation for damage caused as a result of a crime.

The restrictions listed above apply to the last payroll payment and other types of income coming into the account. Amounts previously accumulated on the account are not protected from collection.

The recovery can be applied not only to wages, but also to unemployment benefits. Withholding from it can be carried out under the same conditions as from wages. Read more about this here.

In order to determine which account is a salary account, the bailiff may request a certificate about this from the debtor's employer (or each of the employers, if there are several of them). The debtor may, on his own initiative, provide this information to the bailiff. If this is not done, the arrest will have to be lifted, possibly through the courts.

From judicial practice: the debtor challenged the seizure of a bank account, due to which he was unable to withdraw funds necessary for life. The bailiff explained that she had no information that it was the debtor’s wages that were transferred to the specified current account; after receiving such information, the seizure of the account was canceled. The court recognized the actions of the bailiff as legal.

If the salary account has been seized in full without taking into account the restrictions established by law, you must submit an application to lift the seizure. A sample of it can be found here.

Seizure of property must be proportionate to the debt

The debtor's lack of property that can be foreclosed on entails the end of enforcement proceedings only if the bailiff took all measures permitted by law to search for such property and they were unsuccessful.

“As a general rule, the seizure of the debtor’s property must be proportionate to the volume of the claimant’s demands,” the resolution says.

For example, the seizure is disproportionate in the case where the value of the seized property significantly exceeds the amount of debt under the writ of execution in the presence of other property that may subsequently be foreclosed on. At the same time, such an arrest is permissible if the debtor has not provided the bailiff with information about the presence of other property that can be foreclosed on, or if the debtor does not have other property, its illiquidity or low liquidity.”