How Many Times Can a Bank Submit a Writ of Execution?

What is written in the writ of execution?

Hello Dmitry. One of the recovery measures is the sending of a writ of execution by FSSP employees to the debtor’s work. The basis for this is Federal Law 229. Many will be interested in what exactly is written on this sheet, is the exact amount of the write-off indicated? Should accountants notify management, since most people don’t want to involve their bosses in their problems?

Hello.

Yes, of course, one of the enforcement actions according to the law you cited is sending a writ of execution to the debtor’s place of work.

The bailiff, having established the debtor’s place of work, sends a writ of execution to his place of work. This usually takes the form of a resolution. That is, the bailiff issues a procedural document called a resolution. This is the document the bailiff sends to the debtor.

What is the recovery amount?

That is, the bailiff does not bring out paper, but a procedural document. Surely it should contain a fixed amount that must be collected from the debtor’s salary?

No! This resolution does not indicate the exact amount, since the bailiff does not know what salary the debtor will receive in the future. Therefore, the resolution refers to percentages.

What are the recovery rates?

What interest rate are we talking about?

As practice shows, the bailiff first imposes the maximum possible amount of deduction - this is 50% of all types of earnings.

How will they react to the writ of execution at work?

Well, he sent the bailiff to work for the debtor. What's next? Will the boss find out about him?

Yes, sure! When a bailiff’s order is received at work, this document goes to the boss’s desk, who writes this document for execution to the accounting department (or financial department). And there, when calculating wages, the accountant executes the bailiff’s resolution and withholds the percentage specified in the resolution from the debtor’s wages.

Disadvantages of a writ of execution

That is, in fact, the writ of execution for work carries a big disadvantage. Is not it?

It should be noted that there are more advantages to this procedure than disadvantages. The advantages include:

You don’t have to constantly take time off from work to pay your obligations. As you know, employers do not really like those who constantly take time off from work in order to resolve some personal issues.
No need to wait in crazy lines. If you come to the Bank, there will be a queue; if you go to the bailiffs, there will also be a queue.

So imagine the situation: you asked to take 1 hour off, but only spent an hour and a half to two hours in line. The boss will definitely not be happy with this state of affairs.

There is no need to pay commissions when transferring funds. If you pay through a bank, some banks charge these fees, which increases the financial burden on the debtor’s shoulders.
There is no need to look for money by a certain date or date. Now you dictate the rules. We received our salary as we received it and paid it. It doesn’t hurt your head that the payment must be made by the 20th, and the salary is only 25 – where can you get the money to cover this hole.

With all these advantages, there is only one drawback - your salary becomes 50% less (initially).

Reducing the interest rate under a writ of execution

This is the second time you have said that at first (initially) 50%. What is the secondary interest rate?

As such, there is no secondary rate. It’s just that this amount of withholding can be reduced, and this can be done as easily as, say, canceling a court order.

And it turns out that with all the advantages, there is one small drawback - your salary is 20-17% less. That is, if you received 10 thousand rubles, now you will receive not 10 thousand rubles, but only 8 thousand rubles.

Essential? I also think that the advantages outweigh this disadvantage.

Can they be fired from work for a writ of execution?

Yes, you are talking about the positives. But you know - the human factor: the debtor trembles before being fired - should he be afraid?

It should be noted that borrowers and debtors experience fear of dismissal. Let's start with the fact that, according to the Labor Code of the Russian Federation, there are no grounds for dismissal - failure to pay one's obligations. Therefore, you cannot be fired with such a clause.

In addition, if you properly fulfill your obligations under the contract, no one will fire you. The employer doesn’t care at all who you owe or how much you owe. He does not pay this money from his own pocket - this money is yours.

But if you look at it, our whole country is in debt: some have alimony, some have an accident and payments to the insurance company for road accidents, some have non-payments for housing and communal services, some cannot cope with loans.

So don't worry about it.

Who can send a writ of execution to work?

But I wonder if only a bailiff can send a writ of execution to a debtor’s work? Or can the lender personally do the same? What about the debtor?

The creditor can himself send a writ of execution to the debtor’s place of work! Everything is exactly the same as with bailiffs. Only instead of the bailiff’s order, the original writ of execution is sent to the debtor’s place of work. And a statement from the creditor is written, in which the creditor asks to collect a certain percentage.

In addition, the debtor can personally write an application to withhold a certain amount of money from his salary. To do this, just contact the accounting department of your organization and write a corresponding application.

In this case, there will be a voluntary recovery - which will stop the negative consequences of enforcement proceedings - seizure of property, restrictions on travel, and so on.

Practice on executive documents

For example, if bailiffs seize a debtor’s salary card through a bank, they write off the entire amount in full, and not 50% as they should. Until you write a corresponding statement, this will continue. What happens in practice with a writ of execution?

When a debtor's salary card is seized, the debtor's account is seized, on which it is not written that it is a salary card.

The writ of execution is sent to the place of work - the creditor has the right to demand 50% of the salary. After all, this is not an account on which it is not written that it is a salary account and you can play for the “fool”, they say they didn’t know, this is the debtor’s salary - here everyone knows the principles that everything cannot be taken away from the debtor.

Are all prohibitions lifted if the money goes to the bailiffs’ account?

As soon as the debtor's salary begins to flow into the bailiffs' accounts, should they stop enforcement proceedings? Are all bans lifted? And what happens if the debtor quits?

Clause 8 of Art. tells us about this. 47 of the Federal Law “On Enforcement Proceedings”, according to which it follows that when the sheet is sent to the organization to withhold periodic payments, the enforcement proceedings end.

However, in practice, bailiffs do not finish proceedings until they are confronted with an article of the relevant law. And then they begin to say that, according to some kind of instruction, it follows that termination is possible only on alimony obligations.

However, the law does not say a word about under what obligations this is possible. The law says that enforcement proceedings end.

What to do if enforcement proceedings are not completed?

So what should you do: according to the law, they should finish the production, but they don’t? What is your advice?

Demand - write a petition, if it is not satisfied - remember - you can appeal the actions of the bailiffs in court.

What happens to the writ of execution after the debtor is dismissed?

What happens to the writ of execution when the debtor is dismissed from his place of work?

When a debtor is dismissed from work, the accountant makes a calculation in which he indicates how much the debtor was accrued for the period of work with the writ of execution and how much was withheld.

Confirms this information with the numbers of the corresponding payment orders.

Draws up a certificate and sends this certificate back to the bailiff with a covering letter. Upon receipt of such documents, the bailiff resumes enforcement proceedings and begins to carry out further enforcement actions.

Parting words from Dmitry Guryev

What advice do you have for debtors on this issue? Your parting words!

By the way, one free piece of advice. When dismissing a debtor, I advise debtors to join the labor exchange. In this case, you will not be able to be accused of evading the execution of a court decision (and if the amount of debt is over 1,500,000 rubles, this is criminal liability), and the bailiff will also send you to an organization to withhold periodic payments - i.e. to the labor exchange - after all, you you get benefits there.

Consequently, you will look for work, and you will receive money, although small, and the debt will be paid, and production will be completed.

Good luck everyone!

Actions of bailiffs after receiving a writ of execution

Having received a document in hand that allows you to begin debt collection, you must submit a writ of execution to the bailiff service. Having received the writ of execution, the bailiffs begin to actively work with the debtor. Further actions of bailiffs after receiving a writ of execution will be regulated by law.

Having received the IL, the bailiff must open enforcement proceedings. This is an established government mechanism for implementing court decisions. The beginning of an IP is considered to be the issuance of a resolution to open it, and the end is the signing of a resolution to terminate the case.

The actions of bailiffs are regulated by two main legislative acts:

Law No. 229 “On Enforcement Proceedings”;
Law No. 118 “On Bailiffs”.

What is a writ of execution from bailiffs?

This document contains all the conditions that the defaulter must fulfill within a certain period of time. The presence of this document allows the bailiffs to seize the property of the defaulter and sell it, repaying the debt.

You can obtain the document by contacting the court office, provided that the court decision is made in favor of the plaintiff. The document is issued regardless of which court made the decision. This may be a civil, arbitration, arbitration court.

The document does not simply arrive at the bailiff service. The plaintiff must apply to the judicial authority with an application. The outcome of the collection case depends on how the application is drawn up. If any inaccuracies or errors are found in it, the documents will be returned. Then comes a re-application.

What should be contained in the application:

full name of the bailiff service and address;
personal data of the claimant: full name, passport details, registration. For legal entities: name of organization, TIN, address. Abbreviations are not allowed.
information about the writ of execution: date of issue, resolution, authority that issued the writ.
details of the plaintiff where the money will be credited.

In order to speed up the work of the bailiffs, you can provide information about the defaulter. The information may consist not only of the debtor’s personal data, but also of information about the property in his use. As well as contact numbers of the debtor and his relatives.

In the event that the claims in the IL require immediate implementation, the document is forwarded to the bailiffs independently.

The procedure for executing a writ of execution to bailiffs

After the proceedings begin, the bailiff contacts the defaulter and gives him a period of 5 days to repay the debt voluntarily. In case of refusal, the bailiff proceeds with the following actions:

Draws up a letter setting out demands for payment of the debt. The letter is sent to the defaulter’s place of work.
Sends requests to banking structures.
Seizes the defaulter's property and bank accounts.
If there is a bank account, the debt is repaid using these funds, otherwise an inventory of the property and its assessment is carried out.
The sale of the seized property of the defaulter is carried out. If the amount after sale is greater than the amount of the debt and the enforcement fee, the remainder must be returned to the debtor.
If the debt is more than 10 thousand rubles, then the bailiff has the right to issue a ban on leaving the country.
Once the collection process is completed, the debtor must pay an enforcement fee. Its size is 7% of the total debt, but not less than 1 thousand rubles. for physical persons and 10 thousand rubles for legal entities. faces.
When the debt and enforcement fee are fully repaid, the proceedings are closed.

The plaintiff has the right to control the actions of the bailiff and demand the execution of any of the listed actions.

The bailiff has the right to suspend the validity period of the document received for debt collection. Reasons for suspension:

the defaulter is on military service or on a long business trip;
the person is incapacitated;
death of the debtor;
the defaulter decided to challenge the claims contained in the document;
the debtor initiated an appeal case.

There are no clear deadlines for deferment in the legislation. Each case is considered separately. The time allotted for deferment ends in the following situations:

the debtor’s time in the army or business trip has ended;
the death of the debtor occurred, other persons entered into the inheritance;
the court made a decision on the legality of issuing the document;
a court decision was made that the proceedings related to the bailiff's claims had ended.

In what cases is IL returned without opening a case:

the defaulter does not have a regular income;
the debtor lacks property and open bank accounts.

The document is returned to the court office within three days from the moment the information was received. Another time you can contact the bailiffs after 6 months after the return. In this case, the stop time is subtracted from the validity period of the document, and the period begins to be calculated anew.

You can contact bailiffs an unlimited number of times.

If the bailiffs are contacted with an expired document, the bailiff has the right to refuse to open proceedings. Restoration of the document occurs through going to court.

The validity period of the restored document is six months.

How long does a writ of execution last for bailiffs?

The validity period of the IL depends on the information it contains. Classification of executive documents:

compensation for moral damage;
arrears in payment of wages to an employee who was illegally dismissed from production;
compensation for damage caused during the commission of a crime;
return of stolen property.

If the actions of the bailiffs are aimed at collecting a debt, the validity period of the IL is three years from the date of its issuance. If a writ of execution is issued to receive arrears of alimony, then its validity lasts until the child reaches the age of majority or until the death of his legal representative.

Even when the child reaches 18 years of age, the father or mother can apply to the court for child support. Their payment will be made for the three previous years. As soon as the child reaches the age of majority, the effect of the writ of execution ceases.

Working hours for bailiffs under a writ of execution

If the debtor voluntarily repays the debt, there is no point in turning to bailiffs. But if this does not happen, the IL should be transferred to the bailiff service.

The plaintiff writes a petition to initiate proceedings and submits the necessary documents obtained during the proceedings. The bailiff makes a decision to open proceedings within three days. It is from this moment that the period of validity of the document begins to be calculated.

The opening of a case may be refused if the document contains typos or inaccuracies. In this case, the applicant again applies to the court for a new document. After receiving it, an appeal to the bailiff follows again.

The entire production process takes two months. But there are reasons why the period may change:

the validity period of the writ of execution is indicated in it;
a number of actions are performed by another bailiff. In this case, 15 days are allotted for their execution.

If enforcement proceedings require reinstatement of the debtor at work, then the decision is made the next day after receipt of the document. If the document is received on the basis of a claim, then the requirements set out in it are subject to execution within the next day.

Source: https://dolgi-net.ru/advice/dejstviya-sudebnyh-pristavov-posle-polucheniya-isp/

From what payments is alimony deducted?

The accounting department of the organization in which the payer is employed must withhold alimony from the payer’s wages on the basis of a writ of execution.

Alimony is withheld from payments that are:

Remuneration;
Guarantees (for example, vacation pay);
Social payments.

A complete list of types of wages and other income from which alimony is withheld for minor children is contained in Decree of the Government of the Russian Federation of July 18, 1996 No. 841 (hereinafter referred to as the List).

Moreover, income received not only at the main place of work is taken into account, but also income received by part-time workers.

Where to send

The judicial authority issued a writ of execution to the plaintiff. What to do next if the claimant does not know where the debtor works, in which bank the latter’s accounts are located, and whether he has them at all? In this case, lawyers advise not to hesitate and contact the bailiffs immediately. But there is one nuance here. The writ of execution must be sent only to the branch of the bailiff service that operates in the territory where the defendant lives. As a rule, the address of the debtor can be found out from the statement of claim; it is also always indicated on the sheet itself.

If the claimant does not have time to visit the bailiffs department, then it is best to seek help from a competent lawyer. Another option is to send the writ of execution to the bailiff service by mail. In this case you need:

— write a statement (in free form);

— attach a copy of bank details for transferring amounts;

— attach a writ of execution to the package of documents.

The letter must be sent with a description of the attachment. Then, most likely, none of the attached documents will be lost.

From which payments alimony is not deducted?

It is impossible to withhold alimony from the employee’s income, the list of which is contained in Art. 101 of Law No. 229-FZ of October 2, 2007 (hereinafter referred to as Law No. 229-FZ). For example, alimony cannot be collected from compensation payments:

in connection with a business trip, transfer, employment or assignment to work in another area;
wear and tear of tools belonging to the employee;
the birth of a child, death of relatives, registration of an employee’s marriage.

How to collect alimony in hard currency, read the article “Alimony in hard money. How to collect?

Execution Letter for Work If Work in Another Region

According to Part 1 of Article 18 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the consumer, if defects are detected in the product, if they were not specified by the seller, at his own discretion, has the right to demand immediate free elimination of defects in the product or reimbursement of the costs of correcting them by the consumer or a third party.

Part 1 of Article 457 of the Civil Code of the Russian Federation stipulates that the period for fulfillment by the seller of the obligation to transfer the goods to the buyer is determined by the sales contract, and if the contract does not allow this period to be determined, in accordance with the rules provided for in Article 314 of this Code.

Should child support be withheld from sick leave?

Yes. When withholding alimony from an employee’s salary, the accountant must also withhold it from sick leave benefits (Part 3 of Article 98, Clause 9 of Part 1 of Article 101 of Law No. 229-FZ. This applies to payment of sick leave for both illness or injury employee, and for caring for a sick child or other family member. The amount subject to withholding, when its amount is set as a percentage (shares) of the employee’s income, is calculated based on the accrued amount of benefits minus personal income tax (Part 1, Article 99 of Law No. 229-FZ) Alimony is withheld from benefits paid both at the expense of the employer and at the expense of the Social Insurance Fund.

Read about salary deductions in the article “Salary Deductions at the Initiative of the Employer. What rules should you follow? There are rules that not only every accountant, but also the employees themselves should know about.

There is one employee, but there are many writs of execution: we hold it correctly

Let us remind you that deductions under the writ of execution of the second and subsequent stages can be made only after the amount under the writ of execution of the first stage has been withheld in full. This means that first 20,000 rubles must be withheld from the employee’s salary. and 15,000 rubles, and only then can you withhold 10,000 rubles.

If you are already withholding from the employee’s income amounts under a fourth-stage writ of execution, and your accounting department has received a new first-stage writ of execution for this employee, then you must do this:

from the next payment:

- stop withholding amounts

The company received a writ of execution for alimony

An accountant cannot independently make a decision on withholding alimony. The basis is the originals of the following documents received by mail, personally from the bailiff or from the recipient of alimony (part 1 of article 12, part 3 of article 98 of Law No. 229-FZ:

writ of execution;
court order;
a notarized agreement on the payment of alimony.

The accountant should not withhold alimony if a copy of the writ of execution or other document has been received.

There are two options for what to do in this case:

request the original of the required writ of execution by sending a copy by mail back to the addressee;
do not react in any way to the received “wrong” document. However, by the time the original writ of execution is received, a large alimony debt may have accumulated and will have to be withheld, in addition to the basic amount of alimony. For example, the employer received a writ of execution in May, and the period for collecting alimony began in February. The accountant will collect alimony from income accrued after the date specified in the writ of execution. That is, for all previous months, starting from February.

If the corresponding order of the bailiff has been received to foreclose on the debtor’s wages, then the writ of execution can be attached in the form of a copy (Part 3 of Article 12 of Law No. 229-FZ).

A duplicate of the writ of execution is equal to the original and the accountant must withhold alimony.

If there is no writ of execution, but there is a voluntary desire of the employee to support his child, then withholding child support becomes not an obligation, but the right of the accountant. If you are ready to fulfill the employee’s request, ask him to draw up a detailed statement.

How many times can loan collectors send a writ of execution?

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Tell me the loan debt, I have art. 46 p1 p4.

How many times can collectors send a writ of execution to the bailiffs? The first claim was closed in 2014, then they sent a writ of execution again. And how long will this continue until I eventually pay it off? 03 October 2020, 14:05, question No. 2123447 Yulia, Roslavl Collapse Online legal consultation Response on the website within 15 minutes Answers from lawyers (2) 344 answers 150 reviews Chat Free assessment of your situation Lawyer Free assessment of your situation Hello.

And how long will this continue until I eventually pay? The writ of execution can be presented for execution an unlimited number of times. The law does not provide for restrictions.

How to store executive documents

Executive documents are stored in the accounting department. It is best to appoint an employee responsible for receipt, processing and storage by order. The point is, if you don’t have any orders, then if something happens, respond to the head of the company or the chief accountant as officials (for example, in the event of loss of an executive document).

If the organization has several employees who pay alimony, then it is worth keeping a log of enforcement documents. The organization has the right to develop the form of such a journal independently and approve it as an annex to the accounting policy (clause 4 of PBU 1/2008, approved by order of the Ministry of Finance of Russia dated October 6, 2008 No. 106n).

Like any document, the writ of execution also has its own shelf life. Usually it is “until the need passes,” but not less than 5 years. But we should not forget that writs of execution containing demands for the collection of periodic payments, including alimony, remain in force for the entire time for which they are awarded, as well as for three years after the end of this period (clause 4 of article 21 Law No. 229-FZ). Therefore, you can present the document for collection within the specified time frame.

The logbook of writs of execution is kept in the organization for 5 years (clause 1, article 29 of the Federal Law of December 6, 2011 No. 402-FZ “On Accounting”, clauses 416 and 459 of the List of standard management archival documents..., approved by order of the Ministry of Culture of Russia dated 08/25/2010 No. 558).

Executive documents should be stored as strict reporting forms, for example, in safes or metal cabinets (clause 6.2 of the Regulations on Documents and Document Flow in Accounting, approved by the USSR Ministry of Finance on July 29, 1983 No. 105), since liability is provided for their loss.

For example, according to Article 431 of the Code of Civil Procedure of the Russian Federation, an official guilty of losing a writ of execution or a court order handed over to him for execution may be subject to a fine of up to 2,500 rubles. That is, if the guilt of such a person is proven, the bailiff has the right to apply a monetary penalty. For the manager or chief accountant, much higher fines are provided: from 15,000 to 20,000 rubles, but the bailiff can fine the organization itself - 50,000 - 100,000 rubles. (Part 3 of Article 17.14 of the Code of Administrative Offenses of the Russian Federation).

Repeated presentation of the writ of execution for execution

The joy of debtors because the FSSP website contains information about the closure of enforcement proceedings (EP) due to the impossibility of collection or other compelling reasons is a premature reaction. At the legislative level, the plaintiff has the right to return the writ of execution (IL), reopening the case.

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We will figure out how to resume the procedure in connection with a fundamental change in the debtor’s property status. What deadlines for re-presenting a writ of execution are established by law, and we will also answer a number of other questions directly related to this topic.

Important! A writ of execution is a written court decision, which is a self-sufficient procedural document designed to enforce decisions made by the legislative body. This is the only and mandatory document that allows you to initiate an individual entrepreneur.

Types and timing of presentation

Article 12 of Federal Law No. 229 designates documents that may relate to executive:

court order;
a sheet issued by arbitration courts and legislative bodies of general jurisdiction on the basis of acts adopted for record keeping;
certificates that the commission on labor disputes has the right to issue;
resolution of the FSSP officer.

The full list of documents can be found in the text of the law.

The deadline for the claimant to present the IL is regulated in Art. 21 of Federal Law No. 229, which limits the filing period to three years from the date the executive document enters into legal force. There are exceptions to be mentioned here.

For example, if we are talking about the return of a minor child forcibly taken away or detained on the territory of the Russian Federation, the period for submitting the sheet is reduced to 12 months. If we talk about the papers of institutions that precede the implementation of control functions related to the recovery of assets - as a rule, banks, then the paper can be submitted within 6 months.

Important! The presence of a judicial act on the part of the claimant, explaining the reasons for the termination, gives the right to re-file the IL and resume the actions of forced collection.

Resubmission of the executive act

In a situation where the bailiff, by his decision, suspended the proceedings in accordance with Art. 47 Federal Law due to the impossibility of collecting property or partial repayment of a debt, an application for renewal must be submitted to this official.

The statement is recommended to describe the fundamental stages of a judicial act or document of another legislative body - from the initiation of an IP to the reasons for suspension, as well as the actions taken in the process. The main motive for re-filing is a radical change in the debtor’s property status - for example, in connection with the receipt of an inheritance.

Written evidence of changes must also be included with the application.

Important! In a situation where the court has suspended the proceedings, an application must be prepared to the same authority, on the basis of Art. 438 Code of Civil Procedure of the Russian Federation.

Speaking about the timing of re-presentation of the writ of execution, it should be noted that, within the framework of Article 21 of the law, the claimant has the right to resume the case within 3 years from the date of receipt of the document in connection with the suspension.

In this case, there are no obstacles - the return of the FSSP paper can be carried out many times, observing the deadlines regulated by law.

Final termination is possible under the following facts:

full repayment of debt;
death of the debtor;
reversal of the decision of the original instance.

The limit to permanent renewal was set by the Constitutional Court of the Russian Federation.

Resolution of the Constitutional Court of the Russian Federation No. 7-P of March 10, 2016

The panel of judges found that, within the framework of Article 46 of this law, re-filing the IL to initiate proceedings cancels the validity period of the previous act, starting a new countdown. This provision was declared unconstitutional, since the rights of the debtor are infringed:

Perpetual renewal limits the defendant's ownership of the property for a long time.
The change in market value due to the claimant delaying the process falls entirely on the debtor.
The balance of interests of the two interested parties is disrupted - an obstacle is created to the effective protection of the debtor directly in court.

A resolution was adopted that obliges, before amending the current law, to deduct from the total duration of the period the periods when the proceedings were actually carried out.

In other words, when submitting a repeated act, you need to be prepared for the fact that the period from the initiation of the previous IP to its end will be subtracted from the 3-year period in connection with the issuance of the IP to the claimant.

The key phrase in this case is the claimant’s statement. If the case was suspended by the court or the bailiff, it can still be resumed indefinitely.

Conclusion

The time limit for re-submission is limited to 3 years, but this time can be extended. The main thing is to maintain a 6-month interval in the case of an individual and 2 months if the IL is sent by a financial institution from the moment the executive act is received in hand.

And also do not rush to write a statement to stop the proceedings, since in this case you may not hope to receive a debt or compensation in connection with the new decision of the Constitutional Court.

Source: https://propristavov.ru/povtornoe-predyavlenie-ispolnitelnogo-dokumenta-k-ispolneniyu/

The company received several writs of execution

As a general rule, deductions from wages made by the employer cannot exceed 20% of the wages (minus personal income tax) due to the employee (Article 138 of the Labor Code of the Russian Federation). But completely different rules apply when deductions are made under executive documents.

In accordance with Part 2 of Art. 99 of Law No. 229-FZ, when executing a writ of execution (several documents), more than 50% (excluding personal income tax) of wages and other income cannot be withheld from a debtor-citizen until full repayment of the collected amounts (letter of Rostrud dated December 19, 2007 No. 5204 -6-0).

When collecting alimony for minor children, compensation for harm caused to health, compensation for harm in connection with the death of the breadwinner and compensation for damage caused by a crime - 70% (excluding personal income tax) (Article 138 of the Labor Code of the Russian Federation, Part 3 of Article 99 of Law No. 229 -FZ). However, the law establishes that an employee must receive at least 30% of his monthly salary (excluding personal income tax) (Part 1, Article 99 of Law No. 229-FZ, Clause 5, Article 217 of the Tax Code of the Russian Federation, Clause 4 of the List) .

A situation may arise that the amount under writs of execution is much greater than the limits established by law and the employee’s income is not enough, in this case the accountant should follow the order of payments. That is, the first stage of payments, in addition to the payment of alimony for minor children, includes:

compensation for harm caused to health;
compensation for damage in connection with the death of the breadwinner;
compensation for damage caused by the crime;
compensation for moral damage.

All other requirements are listed by the accountant in the order of priority established by Art. 111 of Law No. 229-FZ.

An employee’s salary may not be enough for two completely identical writs of execution; for example, both writs may be for alimony. In this case, the accountant must execute the court decision in proportion to the amount due to each claimant specified in the writ of execution (clause 3 of Article 111 of Law No. 229-FZ). It may be advisable to keep a register of amounts remaining unwithheld due to lack of income. This will allow you to avoid confusion and justify to the bailiff the employee’s alimony arrears on any date, if necessary. It is better to maintain such a register for each executive document. Its form must be developed independently and approved as one of the annexes to the accounting policy (clause 4 of the Accounting Regulations “Accounting Policy of the Organization” PBU 1/2008, approved by order of the Ministry of Finance of Russia dated October 6, 2008 No. 106n).

Example. Calculation of the amount of alimony if the debtor’s income is insufficient to pay several first-priority recipients

The accounting department has three writs of execution per employee. According to two of them, it is necessary to withhold alimony for two children in the amount of 7,000 rubles each. for each, and for the third - compensation for damage caused to health as a result of an accident in the amount of 15,000 rubles. The employee’s income for April 2020, minus personal income tax, amounted to 40,000 rubles.

Solution

- according to two writs of execution, he will withhold alimony of 6,759 rubles. for each child (RUB 28,000 x RUB 7,000 / RUB 29,000);

- according to the third document, withhold 14,483 rubles. for compensation for damage to health (28,000 rubles x 15,000 rubles / 29,000 rubles).

Writ of execution: validity period and penalties

» After considering the case on the claim, the court issues its decision, which is binding on the defendant. The plaintiff receives a writ of execution, which will help him achieve compliance with orders to collect the debt from the defendant through bailiffs.

The Federal Bailiff Service is a state organization whose main task is to monitor the implementation of court decisions.

After the bailiff service receives the writ of execution by court decision, it opens legal proceedings. Bailiffs are looking for various opportunities to collect funds from the debtor. Contents The writ of execution becomes the basis for their actions.

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But this document has a certain expiration date and validity period; the plaintiff needs to know this so as not to miss the opportunity to receive his funds. What is the validity period of a writ of execution? Is it possible to extend the period or suspend the execution of a decision in court proceedings?

We transfer alimony to the recipient

It is necessary to transfer alimony to the recipient within 3 working days from the date of each payment from which alimony is withheld (Article 109 of the Family Code of the Russian Federation; part 2 of article 15, part 3 of article 98 of Law No. 229-FZ). The accountant must take the recipient's details from the writ of execution or from the order of the bailiff. If there are details, alimony is transferred by payment order. In this case, the order of payment is set to “1” (clause 2 of Article 855 of the Civil Code of the Russian Federation). The amount of the commission for sending can be withheld from the alimony recipient along with the amount of alimony, because alimony is always transferred at the expense of the payer (Article 109 of the Family Code of the Russian Federation).

If only the recipient's mailing address is available, you need to send alimony by postal order. The amount of the postal commission can also be withheld from the alimony worker the next time he pays his income. But even if the address of the alimony recipient is unknown, the bailiff service recommends transferring such alimony to the bank account of the local branch of the FSSP of Russia. Again, all costs of transferring alimony are paid by the debtor.

Please note: if alimony is withheld from the employee, but is not transferred within three days (or is not transferred in full), then the accountant will face sanctions.

The recipient of alimony has the right, through the court, to demand from the employing organization payment of interest for late payment of funds (clauses 1, 3 of Article 395 of the Civil Code of the Russian Federation). Interest is calculated for each day of delay in the payment of alimony, starting from the fourth day from the payment of income to the employee until the day the alimony is transferred to the recipient based on the refinancing rate of the Central Bank of the Russian Federation (clauses 1 and 3 of Article 395, Article 191 of the Civil Code of the Russian Federation).

By the way, bailiffs can check not only the correctness of the calculation of alimony withheld according to the writ of execution, but also the timeliness of their transfer to the recipient.

The question often arises: can an accountant pay alimony from cash proceeds received by the organization's cash desk?

The rules for cash payments in rubles and foreign currency (in compliance with the requirements of currency legislation) are established by Directive of the Bank of Russia dated October 7, 2013 N 3073-U. According to clause 2 of this document, the organization has the right to spend cash proceeds received at its cash desk on:

payments to employees included in the salary fund and social payments;
payment of insurance compensation (insurance amounts) under insurance contracts to individuals who previously paid insurance premiums in cash;
payment for goods (except for securities), works, services;
issuing cash to employees on account;
refund for previously paid in cash and returned goods, uncompleted work, unrendered services;
issuance of cash when carrying out transactions by a bank payment agent (subagent) in accordance with the requirements of the Law of June 27, 2011 N 161-FZ.

Thus, payment of alimony from cash proceeds is not provided for by Directive No. 3073-U.

But there is no direct legislative prohibition on paying alimony from the cash register using funds received by the cash register. Therefore, this issue remains at the discretion of the accountant, who must use his professional judgment and assess the risks.

Can I be fired from my job if I have alimony payments?

If you correctly explain the reason for the delay and provide documentary evidence, you can avoid paying fines. In extreme cases, the decision is subject to appeal. There are situations when the alimony worker repeatedly commits serious disciplinary offenses.

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Dismissal at the initiative of management, including retroactively, is not contrary to the law. The main thing is that the basis must be significant, and the procedures are carried out in accordance with the requirements of the Labor Code of the Russian Federation. What should a child support worker do? How to pay alimony to a person who has lost his job - whether on his own initiative or fired by his employer?

You need to try to find a source of income. What do I need to do? Option 1: Find a job. An excellent way to solve all the problems of both the payer of alimony funds and their recipient.

But there are a number of problems: finding a job is quite difficult, in principle; difficult to find a job quickly;

The employee who is obligated to pay child support is dismissed. What to do?

The bailiff and the recipient of alimony must be notified of this fact within three days (there is no fine for failure to report the dismissal of an employee). In addition, the executive document with a note about:

penalties made;
the period for which deductions were made;
the amount of the remaining debt.

returned to the bailiff and (or) the collector (clause 1 of article 111 of the Family Code, part 4 of article 98 of Law No. 229-FZ, Letter of the FSSP of Russia dated June 25, 2012 N 12/01-15257). In case of failure to report the information specified in paragraphs 1 and 2 of Art. 111 of the RF IC, the officials and other citizens guilty of this are held accountable in the manner prescribed by law.

But Law No. 229-FZ establishes that when the debtor changes his place of work, study, place of receiving a pension and other income, persons paying the debtor wages, pension, scholarship or other periodic payments are obliged to immediately notify the bailiff and (or ) to the claimant and return to them the writ of execution with a note on the penalties made (part 4 of Article 98 of Law No. 229-FZ).

If, after the dismissal of an employee, he is accrued income from which alimony is withheld, then the documentary basis for the withholding will be a copy of the writ of execution remaining with the former employer after the dismissal of the employee.

The legislation provides for liability for failure to provide or untimely provision of information about the dismissal of an employee with alimony obligations. An administrative fine may be imposed on: (Article 19.7 of the Code of Administrative Offenses of the Russian Federation):

for officials of the organization - from 300 to 500 rubles;
for organization - from 3000 to 5000 rubles.

In addition, there is a deadline for bringing to administrative responsibility established by Part 3 of Art. 17.14 of the Code of Administrative Offences—1 year from the date of its commission (clause 1 of Article 4.5 of the Code of Administrative Offenses). Moreover, in the case of committing an offense expressed in the form of inaction, the period for bringing to administrative responsibility is calculated from the day following the last day of the period provided for the fulfillment of the corresponding obligation (clause 14 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 24, 2005 No. 5) .

Within how many years can the bank re-send a writ of execution to the bailiffs?

Rose, this can be called either restructuring, or refinancing, or a dozen other words that have no meaning.

How to do it right. I have a debt with the bank, I have been in debt for a long time, I tell them, sue me, but they were all silent for a while, and now they send SMS to my phone, offering to amnesty the overdue debt and fines, reduce the payment to 50% and the rate to 10%. As far as I understand correctly, this is a refinancing, not a restructuring, but they are not recognized. What is the right thing to do?

Please tell me, today the bank called me and warned me that bailiffs would arrive. I have a question, should bailiffs come from my city, where I live, or from another city, where the bank or office is located?

Rosa, the bank must get Spanish. sheet and hand it over to the bailiffs for execution, there is no other way.

or pay off the debt as best you can. Don't pay attention to calls. say that you don’t refuse the debt, but you can’t pay it all at once

A writ of execution has arrived: what to do next?

The enforcement documents on the basis of which the employer is obliged to make deductions from employees' wages are, by law, the following: writs of execution issued on the basis of judicial acts; court orders; notarized agreements on the payment of alimony or their notarized copies (Article 12 of the Federal Law of October 2, 2007 No. 229-FZ (hereinafter referred to as Law No. 229-FZ)). Let's consider how writs of execution are received by an organization and what it should do when a writ of execution arrives, including after the dismissal of an employee and in the event of reorganization.

How many times can a writ of execution be presented to bailiffs?

» » In this article, lawyer Alexey Knyazev answers the popular question: “?”. The subject of close attention of the Constitutional Court was the provisions of the Federal Law “On Enforcement Proceedings”, which establish the right of the creditor to essentially unlimitedly present a writ of execution for execution (Resolution of the Constitutional Court of the Russian Federation of March 10, 2016 No. 7-P). As a general rule, a writ of execution can be submitted for enforcement within three years from the date of entry into force of the judicial act.

However, if the writ of execution is returned to the claimant, the latter has the right to present it again. In this case, the three-year period begins anew. And the law does not make this dependent on the grounds for returning the writ of execution to the claimant (at the will of the claimant or due to circumstances beyond his control).

A writ of execution has arrived: what to do next?

The writ of execution has a specially approved form (approved by the resolution of the Government of the Russian Federation dated July 31, 2008 No. 579).

A writ of execution can be received by an organization in two ways.

The first is the most common: first, the writ of execution is presented by the claimant to the structural unit of the territorial body of the FSSP of Russia, where the bailiff makes a decision to initiate enforcement proceedings, establishes the debtor’s place of work and makes a decision to foreclose on wages and other income of the debtor.

The bailiff sends the following documents to the organization at the place of receipt of income (Section IV of the Methodological Recommendations on the procedure for fulfilling the requirements of enforcement documents for the collection of alimony, approved by the FSSP of Russia dated June 19, 2012 No. 01-16 (hereinafter referred to as the Recommendations)):

a copy of the executive document on the basis of which enforcement proceedings were initiated;
a resolution to foreclose on wages and other income of the debtor;
a copy of the resolution on the collection of an enforcement fee for non-payment of periodic payments (if such a resolution was made as part of enforcement proceedings);
a copy of the resolution on the collection of an administrative fine and costs for carrying out enforcement actions (if such decisions were made within the framework of enforcement proceedings);
a memo for managers and accountants of organizations (enterprises) on the issues of withholding and transferring funds under executive documents (Appendix No. 1 to the Recommendations).

The second method is less common: the claimant can send a writ of execution directly to the organization or other person paying wages to the debtor, bypassing the FSSP of Russia. Simultaneously with the writ of execution, a statement is submitted indicating: details of the bank account to which funds should be transferred, or the address to which funds should be transferred; last name, first name, patronymic, details of the identity document of the claimant-citizen (Part 1 of Article 9 of Law No. 229-FZ).

From the date of receipt of the writ of execution from the claimant or bailiff, the employer is obliged to withhold funds from the wages and other income of the debtor in accordance with the requirements contained in the writ of execution. Within three days from the date of payment of income, he is obliged to transfer (or pay) the withheld funds to the claimant. Transfer and transfer of funds are made at the expense of the debtor (Part 3 of Article 98 of Law No. 229-FZ).

If the address or details of the claimant are unknown, the money must be transferred to the bank account of a structural unit of the territorial body of the FSSP of Russia (subclause 9, clause 2 of Appendix No. 1 to the Recommendations). The employer must make calculations and deductions for all enforcement documents received by him in relation to a specific employee once a month based on the amount of the employee’s wages for the month worked (letter of Rostrud dated December 28, 2006 No. 2261-6-1). The amount of deduction from wages according to executive documents is calculated from the amount remaining after taxes are withheld (Part 1, Article 99 of Law No. 229-FZ).

When can I resubmit the writ of execution to the bailiff?

Hello, I submitted a writ of execution for debt collection to the bailiff for its execution, after some time the bailiff issued a Resolution to complete the enforcement proceedings and return the writ of execution to the collector.

December 04, 2020, 10:31, question No. 1462069 Vadim, Moscow

, ,

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Vadim, good afternoon. Resolution on the completion of enforcement proceedings and the return of the enforcement document to the claimant. Vadim What is the justification for the issued resolution? 04 December 2020, 10:33 0

The writ of execution arrived after the dismissal of the employee or in the event of reorganization

When a writ of execution is received by an organization in which the employee no longer works and no payments are made to him, the employer must return the writ of execution, explaining in any form the reason for the return (since he is not the person paying wages or other income to the debtor) .

After the dismissal of a debtor employee, the employer is obliged to return the writ of execution to the bailiff or the claimant (Part 4, Article 98 of Law No. 229-FZ; Clause 1, Article 111 of the RF IC). If, after dismissal, an employee is paid any amounts related to his work activity (for example, an annual bonus is accrued and paid), then the employer should make deductions from them, notifying the person to whom the writ of execution was returned.

Since the liquidation of an employer-organization (or the loss of the status of an individual entrepreneur by an employer-citizen) is the basis for terminating employment contracts with employees, after dismissing an employee on this basis, the employer should do the same.

In the case of reorganization of the employer, it should be borne in mind that since the reorganization of the employing organization does not automatically change the labor relations with its employees (Article 75 of the Labor Code of the Russian Federation), after completion of the reorganization the employer must continue to deduct from this employee despite the change of its name. Although the law does not provide for a direct obligation of the person making payments to the debtor to notify the creditor or bailiff about his reorganization, the employer can be recommended to do this, and in writing.

Olga Volkova, expert of the Legal Consulting Service GARANT

Anna Mazukhina, expert of the Legal Consulting Service GARANT

Source: Magazine "Actual Accounting"

How long does a writ of execution last for bailiffs?

Free consultation by phone Contents Potrebiteli.Guru > Laws and rights > Period of enforcement proceedings by bailiffs on a writ of execution This article will tell you about the statute of limitations on enforcement proceedings by bailiffs, and will be useful not only to debtors, but also to the injured party. Enforcement proceedings are an order enforcement of a court decision (in civil proceedings), which is carried out within a strictly regulated framework by law.

For example, the court decided to oblige the car owner to pay the debt on traffic police fines, because The traffic police filed a lawsuit against the debtor. After the court decision is made, the bailiffs find the debtor and hand him a writ of execution, according to which the debtor is obliged to repay the debt, otherwise his property will be seized. However, there is one big

Enforcement proceedings by bailiffs: deadlines

These norms are prescribed in Articles 39 and 40 of Federal Law No. 229 FZ. The main reasons that the legislator indicates as a basis for granting a deferment in enforcement proceedings are the procedures for challenging a court decision or submitted claims.

Court decisions are binding, but in some cases the defendant evades fulfilling the requirements imposed by the court. In such a case, measures of compulsory execution of the court decision are applied to him, and enforcement proceedings are assigned.

How are alimony payments made under a writ of execution?

The application is considered at a special court hearing. Persons who participate in the case are notified of the place and time of its holding. The plaintiff or the alimony payer is not always to blame for the loss of the writ of execution.

There are cases when a court employee has lost a document. In such situations, a fine is imposed on the guilty person. Conclusion Based on the writ of execution, alimony is calculated.

In theory, such payments should be made immediately. However, practice shows that money may arrive in the recipient’s current account only after several months. It happens that the executive service may refuse to open proceedings.

Reasons: the plaintiff does not comply with the deadlines for submitting documents, gross errors were found in the documents, or the claimant submitted the IL in an unspecified form. Another option is that the court decided to establish an installment plan for the alimony holder.

Important

The applicant has the right to provide the bailiff with any information that contributes to the timely collection of the debt. Enforcement actions are performed at the location of the debtor. If it is unknown, then collection is carried out at the last place of stay of the debtor citizen.

Find out more about the procedure for collecting alimony through the bailiff service in a separate publication.

Procedure for drawing up an application

You can find out where to submit the writ of execution on the official Internet resource of the Bailiff Service - fssprus.ru. The filing of an application addressed to the FSSP bailiff is carried out in accordance with the established procedure.

The “header” (upper corner of the sheet on the right) contains the following information:

Information about the addressee (full name, position).
Information about the applicant (full name, place of residence, contact details).

Please note: when a legal entity is acting as a collector, in the same block you must note the full name of the organization, registration number, and address (actual and legal).

The descriptive part must indicate the essence of the statement. As a sample, you can consider an application to bailiffs for the collection of alimony. Then the text should indicate:

Information about the court decision issued.
Information about the child (children) for whose support funds are being collected.
Account details for transferring financial assistance.

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The final stage is a list of attached documents (original court decision, account details, etc.), date and signature of the applicant.

To ensure that the application to the bailiff service is written correctly, it is better to use the established form. The document will be accepted and recorded in the appropriate journal on the same day. Sample application to bailiffs:

Writ of execution for the debtor's work

Dear readers, our colleague anti-collector and blogger Dmitry Guryev (Debtor Community) and I continue to discuss various topics related to debt obligations. Let's look at the topic of concern to many: the writ of execution for the debtor's work. How will the employer react? How much money will be withheld from our salary? Are bailiffs required to close enforcement proceedings? Let's figure it out together.