The bailiffs came and the debtor does not live here but is registered

Debt collection with the participation of a bailiff

Debt collection refers to a set of actions carried out by the Bailiff Service against the debtor. These activities are aimed at finding out about sources of income and forcing the citizen to repay debts in full.

Often the situation develops in such a way that the offender ignores court orders in every possible way and refuses to repay the debt. If it is impossible to agree on voluntary execution of the decision, then the only way out will be to pay off debts using deductions from official income. And this procedure is impossible without the participation of an authorized person, whose task will be to search for all official sources of livelihood.

In view of this, many citizens have a logical question: “ How do bailiffs find out the debtor’s place of work?”

?”, and whether they can hold him accountable. Despite the apparent ease, the task of determining a place of work is distinguished by a lot of subtleties and features, and often the timing of its completion can be delayed.

It is worth understanding that the defaulter will try to do everything possible to hide his place of work. Often, to achieve this, he negotiates with senior management and officially resigns from his position, although he continues to perform his professional skills, receiving a salary in an “envelope”. However, with the right approach to this task, finding out about the availability of a place of duty, and as a result, a source of income, can be quite simple.

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I have raised this topic many times and talked about it many times. But, since the topic does not lose its relevance, and, judging by your questions, not all points are clear to you, I decided to dwell on this issue in more detail. Moreover, I can give you effective and practical advice.

In other words, as soon as the bank or collectors start pestering you with their calls, it’s time to draw up a report. Alternatively, you received a subpoena addressed to the debtor, who indicated your address when applying for the loan, or you received an invitation from the bailiff who initiated enforcement proceedings at the last known place of residence of the debtor. This is also an excellent reason to protect your property by deed.

We recommend reading: Collection of insurance payments under comprehensive insurance

Scheme for collecting debts from a debtor

Before we figure out how bailiffs find out the debtor’s place of work

, it is necessary to analyze how they obtain reasons for finding a place of work and sources of livelihood. It is quite natural that all this happens with the active participation of the courts. In general, the standard scheme for collecting from a defaulter will look like this:

1. To begin with, in order for the specialist to begin determining the debtor’s place of work, it is necessary for the court to make a decision and then the process will begin on the writ of execution. An authorized representative will be selected who will be entrusted with the responsibility for the proceedings with the debtor.
2. The bailiff notifies the debtor of the start of enforcement proceedings. Notification may be made either orally by telephone or in writing by mail. He is also given a deadline for the execution of the court decision. At the same time, he analyzes the citizen’s financial situation and determines his place of work.
3. The employee has the right to seize property belonging to the violator. This means that the defaulter will be able to use the valuables, but not sell or donate them.
4. The debtor will be prohibited from leaving the country in accordance with the rules established in Federal Law 229.
5. If the value of the property does not cover the expenses, then the remaining debt will be collected from wages or other source of income. However, before this, the forensic specialist will need to find out about the offender’s sources of income and his place of work.

If a citizen hides his property, more stringent measures may be taken. In particular, the law allows a specialist to enter the debtor’s home without his knowledge. All close relatives of the violator will also be subjected to thorough checks.

Can bailiffs seize the parents' property in the apartment for the children's debts?

1. Awards, prizes and certificates of the debtor.
2. His personal belongings and clothes. Jewelry and luxury items are not included here.
3. Living space, if for the family this is the only place where it can live, as well as fuel for heating or cooking, if available.

This situation is regulated by Federal Law No. 229 “On Enforcement Proceedings”, more precisely, its Chapter No. 8, which describes how the borrower’s property should be seized, what things can be seized and what cannot.

Bailiff's work with the debtor

The interaction of a specialist with a borrower will represent a certain procedure, the main goal of which will be debt collection. As part of this procedure, he will determine all the material assets of the defaulter, and will also find out where he carries out his labor activities.

Bailiffs on duty have the right to:

1. Obtaining access to the violator’s personal data;
2. Summoning the defaulter on a sent summons;
3. Interaction with law enforcement agencies, tax authorities and employers to resolve the problem;
4. Putting a person on the wanted list if he is hiding from court;
5. An official appeal to the employer in order to collect the debt through deductions from earnings;
6. Seizure of property assets and issuance of a ban on the violator at the border of the Russian Federation.

Can bank employees visit the debtor and describe the property?

If you have a loan debt, then you have probably already heard threats that a team is now coming to you to inventory your property, or even this: the task force’s visit is scheduled for such a time to inventory your property, be sure to be at home, — SMS messages are sent to the defaulter’s number. And people ask for time off from work, wait, believe, being in fear. So, in these cases I would like to reassure you. Bank employees do not have any rights not only to describe the debtor’s property, but also to enter his apartment.

How does the bailiff find out about the debtor’s place of work?

In order to effectively resolve problems with a specific person, it is necessary to immediately find out where he serves in order to, if necessary, collect the debt from his salary. There are several key methods by which a specialist learns about the place of duty:

1. An official letter will be sent to the Pension Fund of the Russian Federation. Since earnings are subject to mandatory contributions to the Pension Fund, upon request it will be possible to find out whether the citizen is officially working;
2. The second step is to send a notification to the tax office. After the letter has arrived, the tax authorities will process the request within a few days and give a response from which the applicant will learn about the debtor’s employment;
3. If the first two methods do not give any result, then a request will be made to banking institutions. As soon as the necessary details are discovered, his accounts will be frozen until the debt is repaid;
4. If necessary, a specialist has the right to conduct a full investigation in order to find out the necessary data. As part of the investigation, the defaulter's neighbors, acquaintances and relatives will be interviewed.

As practice shows, you can find out about the performance of professional duties quite quickly. However, motivation often gets in the way of a quick solution. Due to low salaries, SSP employees are in no hurry to fully utilize all the resources available to them, and therefore it is necessary to carefully monitor the process of searching for the offender’s property and determining his place of duty.

Useful information on bailiffs

• Can bailiffs withdraw money from pensions?
• Bailiffs describe the property at the place of registration, what to do
• Which banks do bailiffs not seize accounts?
• Bailiffs withdraw money from a salary card
• If bailiffs have seized child benefits
• What to do if bailiffs are inactive regarding enforcement proceedings
• The paid traffic fine was handed over to the bailiffs
• How long does it take for bailiffs to execute a court decision?
• Car under arrest by bailiffs
• Bailiffs blocked the credit card
• Bailiffs seized the credit account
• Is it possible to drive a car that is under arrest?
• Seizure of a passbook by bailiffs
• If the bailiff finds out the debtor’s place of work
• Bailiffs blocked a bank card, what should I do?
• Can bailiffs describe the property of the debtor’s relatives?
• Can bailiffs seize old-age pensions?
• Can bailiffs enter an apartment without the owner?
• Deduction of interest from wages by bailiffs
• Can bailiffs withdraw money from a bank card?
• Bailiffs blocked pension
• Can bailiffs block a salary card?
• How to negotiate with bailiffs to pay the debt in installments

Data Bank of Enforcement Proceedings

To determine how much money the debtor must pay, the relevant services submit an application where the expenses are recorded. If the debtor is not an individual, but an organization, then an application for this is submitted by the FSSP. If the claimant submits a corresponding application to the bailiff service, then measures to search for the debtor are terminated.

The executive search for a debtor is a compulsory collection measure, which is based on Art. 65 Federal Law No. 229. It includes not only establishing the location of the defendant, but also his property, accounts and income. The lender also has the right to independently search for borrowers and transmit this information to the FSSP.

1. Contact persons of the debtor at the home address are established. For example, the borrower is registered with relatives who previously took out a loan from the bank. Their profiles are displayed in the database, along with all the information. All phones are also ringing and finding out where the debtor is.
2. Establish contact persons at the work address. They call their colleagues and find out information. Is the person currently working or not? Where can I find it?

Even if the place where the debtor is located is found, enforcement measures against him do not stop. Claims against the debtor are enforced. They are just carried out forcibly. Debt collection measures can begin one day after the completion of the search activities.

This document must be approved by the head of the bailiff service. From the moment of approval, the resolution comes into force. They begin to look for the debtor. All parties receive copies of the court decision to accept the wanted notice for execution or to terminate it.

Addition to question No. 62737 Please tell me where to make a request to establish the place of work of the alimony debtor, bearing in mind that the debtor goes to sea (concludes contracts with crewing companies that do not provide information about contracts concluded with the debtor) and makes contributions to the pension fund do not produce.

We recommend that you study the RESOLUTION of July 18, 1996 N 841 “ON THE LIST OF TYPES OF SALARY AND OTHER INCOME FROM WHICH ALIMONY IS WITHDRAWN FOR MINOR CHILDREN.”

The resolution contains a list of all kinds of income from which alimony is paid. The list of income is closed. It's not just wages. Alimony is calculated, in particular, on income received from civil transactions.

The legal basis for our demands is the Federal Law “On Enforcement Proceedings”, Article 50. Rights and obligations of the parties to enforcement proceedings.

But it is necessary to take into account the realities of Russia. The bailiff has the obligation to send 3-4 inquiries about the availability of property or income from the debtor, after which the case is postponed to the archives if the collector himself does not take measures to establish the location of the debtor and search for the debtor’s income.

— provide the bailiff with complete information about the possible place of residence and work of the debtor;

— make photocopies of the materials of enforcement proceedings, check for answers to the bailiff’s requests.

Write a statement to the bailiff -

— to find out the debtor’s place of work and income, send appropriate requests to the Pension Fund of Russia and the Federal Tax Service of Russia;

— to establish the debtor’s property status, send appropriate requests to the traffic police and Rosregistration;

- until the debtor repays in full the amount formed during the period from . By . debts for unpaid alimony, establish a temporary restriction on the debtor’s departure from the Russian Federation.

Next, we recommend that you agree with the bailiff that you can independently (based on the bailiff’s instructions) submit requests to the Pension Fund, government agencies, etc.

Only methodical work with the bailiff, helping him in preparing and sending requests for information will allow you to “catch” the real income of the debtor, find out about the income he received from concluded contracts, etc.

We invite you to familiarize yourself with the fact that the contractor does not have a license to perform work is not a basis for refusing to pay for it.

Share your opinion on the topic “How can a bailiff determine the debtor’s place of work” in the comments.

Blog and practice Important In case of untimely repayment of debts, the bailiff will receive relevant information about the start of enforcement proceedings. When paying a debt, the payment information in the data bank changes throughout the week. The FSSP has an official website where you can check the existence of a debt by last name.

A simple application is filled out: the specified information is provided based on your full name and date of birth. You can also find out information about debts by the enforcement case number. Initiation of enforcement proceedings The creditor writes a statement, which serves as the reason for starting the proceedings.

You can attach a petition to seize property and provide visible information about the debtor. Over the course of three days, the bailiff department assigns the case to one of them for execution. The bailiff is already deciding the issue of starting enforcement proceedings or issuing a refusal.