ᐉ What percentage do bailiffs charge based on a writ of execution?

How much do bailiffs charge for enforcement proceedings?

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Yes, the law provides for this if the Debtor fails to fulfill the obligation on time. Thanks for the answer!
This is the best answer Hello, after the writ of execution is received by the OSP, the bailiff must initiate enforcement proceedings within 5 days. The debtor is given 5 days to voluntarily execute the court decision. If the debtor voluntarily fails to comply with the requirements set out in the writ of execution, the bailiff takes enforcement measures, for example, sending a writ of execution to the debtor’s place of work to deduct from wages, seizure of the debtor’s property and its sale, seizure of all open current accounts debtor, etc.

Is the court legal?

I don’t agree with him to line you up. Further, you say that a deduction from you can count on some kind of service and how will you need a writ of execution to the bailiff service (on the day of the commission of the bailiffs), non-payment must be collected from the employer, which is forcibly accrued if the executor is no longer included as part of the inheritance, and the amount of compensation is determined in favor of the borrower, i.e., withdrawn or unfulfilled expenses for services, treatment time, interest and compensation for moral damage. So the problem, at the moment, will come down to this execution of the court decision. If letters, testimony, who will have to answer for the heir, or his absence in receipts, or executive actions and voluntary refusal located in Russia, do not help you.

According to paragraph 4 of Art. 119 of the RF IC The victim is not a prerequisite for achieving pension savings. Thus, it should be necessary to take this issue into account and require the hand of executors on Russian territory. In court, you can write a complaint to the prosecutor's office. But nothing can be done. You can go to court with a claim to terminate the loan agreement with debt collectors and demand repayment of the debt. It is simply necessary to postpone the execution of the court decision by installments.

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What percentage do bailiffs charge and for what?

The enforcement fee is credited to the federal budget. The enforcement fee is set by the bailiff after the expiration of the period established for voluntary execution of the requirements, if the debtor has not provided the bailiff with evidence that the execution was impossible due to force majeure, that is, extraordinary and unpreventable given the circumstances. conditions of circumstances. The resolution of the bailiff to collect the enforcement fee is approved by the senior bailiff. The enforcement fee is set at seven percent of the amount to be collected or the value of the property being recovered, but not less than five hundred rubles from a debtor-citizen and five thousand rubles from a debtor-organization.

Article 112. enforcement fee

Written statements from witnesses may also be used as evidence. Situations exempt from the fee According to the Federal Law “On Enforcement Proceedings”, a fine fee cannot be imposed twice on the same writ of execution. In other words, a citizen should not pay it more than once in a specific debt case. In addition, the following situations are exempt from the fee:

judicial acts on interim measures;
resolutions requiring compensation for the costs of bailiffs;
resolutions on the expulsion of stateless persons from the Russian Federation;
requests to search for children;
executive documents establishing the obligation of forced labor for the debtor.

Important! If in one of the listed cases a decision was made to collect fines, the citizen has the right to challenge it in court.

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The decision on coercive measures is made in the form of a writ of execution. After its publication, bailiffs are involved in the work, who search for the debtor’s income. In light of such events, reasonable questions arise: what is the maximum amount of salary deduction? What if the debtor has minor children? What income cannot be withheld? Let's try to understand the essence of the issue in a little more detail. Grounds for withholding a percentage of wages Bailiffs are guided by regulatory legal act N 229-FZ “On Enforcement Proceedings”.

The final verdict on wage garnishment is made by the court.
The writ of execution indicates the amount of the debt and the requirement to ensure its deduction from the salary. The employer does not have the right to deduct interest from the salary at its own discretion.
The maximum withholding amount is 70%, and everything else must be transferred to the borrower as a result of his work activity.

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How to cancel the enforcement fee of bailiffs

These include:

natural disasters;
hostilities;
mass riots.

What’s interesting is that the debtor’s illness does not fall into the category of force majeure. But if you have documents confirming that your health condition did not allow you to make payment on time, you can file a claim with the court for exemption from the enforcement fee. Important! If the court establishes an installment plan for the payment of the principal debt, the citizen is completely exempt from prosecution by bailiffs for the entire period of the installment plan.

They also have no right to charge him a fine. In addition, the difficult financial situation of the debtor may serve as a basis for refusal to pay the fee. Naturally, it must also be documented.

Announcement

In addition, the law establishes completely legal grounds for refusing penalties. Legal grounds for refusing a fee Is it necessary to pay the fee established by the FSSP employee? Not always. The law provides that the imposition of penalties on a debtor is possible only if the bailiff proves that he did not take any actions to comply with the court decision.

If you have paid the debt imposed on you (or at least part of it) within the prescribed period, it is enough to notify the specialist involved in your case. Perhaps the data on debt repayment has not yet reached him. Based on new information, the collection order can be canceled.

In addition, according to the law, the fee should not be imposed on a citizen who could not fulfill the obligations imposed on him by the court due to force majeure.

How much percentage do bailiffs charge?

Federal Law of December 28, 2013 N 441-FZ) 4. The enforcement fee for non-payment of periodic payments is calculated and collected from the amount of each debt separately.5. The enforcement fee is not collected in cases where enforcement proceedings are initiated: 1) on the basis of a writ of execution received in the manner established by Part 6 of Article 33 of this Federal Law; 2) upon repeated presentation for execution of a writ of execution, on which a bailiff’s order was issued and not cancelled. - the executor for the collection of the enforcement fee; 3) by order of the bailiff to collect the costs of carrying out enforcement actions and the enforcement fee imposed by the bailiff in the process of executing the enforcement document; (as amended by Federal Law dated 18.07.2011 N 225- Federal Law) (see

The bailiff takes interest

The question is this. There was a debt in the bank. 50 thousand rubles. There were 2 guarantors. They didn’t pay on time. The court decided to pay. The bailiff came with a writ of execution. The debtor paid them the debt of 50 thousand and the bailiffs 7 percent. So now the priests are demanding to pay 7 percent from each guarantor. Is this legal? It turns out that the bailiff takes another 21 percent in excess of the court decision on the debt itself.

“On the refusal to accept for consideration the complaint of citizen Alexander Valerievich Fedotov about the violation of his constitutional rights by parts 1 and 3 of Article 112 of the Federal Law “On Enforcement Proceedings” The rules on enforcement fees were disputed. According to the applicant, the provisions are unconstitutional because they allow the recovery of the entire amount of the enforcement fee from one of the solidary debtors who has paid the common debt. The fee is 7% of the total debt of all joint debtors. This leads to the fact that such a person is charged a fee that is not compensated by other joint debtors, which exceeds the amount of the fee due from debtors who are solely responsible for their obligations. Rejecting such arguments, the Constitutional Court of the Russian Federation explained the following. Contrary to the applicant’s assertion, the rules do not oblige each of the joint and several debtors in enforcement proceedings to independently pay a fee in the specified amount. The enforcement fee is characterized as a monetary penalty imposed on the debtor in the event of his failure to fulfill the executive document within the time limit established for doing so on a voluntary basis. The fee is collected from the citizen in the amount of 7% of the amount of debt or the value of the property. Accordingly, if the debtors are jointly and severally liable, the bailiff (if there are grounds) makes a decision on the joint and several collection of the fee in relation to each of such persons. The collection procedure in this case is similar to the rules for collection under executive documents in relation to joint and several debtors. In this case, the fee is collected once on the basis of one enforcement document. In this case, the total amount of the fee due from all joint and several debtors cannot exceed 7% of the amount to be recovered under such a writ of execution. Thus, each of the joint and several debtors is equally required to pay the enforcement fee collected from them, which corresponds to the nature of a joint and several obligation.

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Blog and practice

The court has the right, taking into account the degree of guilt of the debtor for failure to fulfill the writ of execution on time, the property status of the debtor, and other significant circumstances, to delay or defer the collection of the enforcement fee, as well as to reduce its amount, but not more than by one quarter of the amount established in accordance with Part 3 of this article. In the absence of grounds for liability for violation of an obligation established by the Civil Code of the Russian Federation, the court has the right to release the debtor from collecting the enforcement fee.8. If the court accepts for consideration the application or claim specified in Part 6 of this article, the collection of the enforcement fee is suspended until the court makes a decision. The court's decision to fully or partially satisfy them applies to immediate execution.9.

How much do bailiffs charge for enforcement proceedings?

Resolution The resolution on the collection of the enforcement fee contains all the necessary information: the name of the bailiff department, information about the decision made, details for payment, the appeal procedure. It is issued if the debtor fails to comply with the requirements of the writ of execution within a voluntary period. By law, he must be informed in writing about the decision. In practice, unfortunately, this is often violated. Conditions There must be two conditions under which a decision on an order to collect an enforcement fee is made:

Failure to execute a writ of execution on time.
Lack of evidence of impossibility of execution.

Voluntary fulfillment of requirements The enforcement fee may not be assigned if the debtor voluntarily complied with the requirements within the time limits established by the bailiffs.

It should be understood that this applies only to those court decisions that were received by the bailiffs for the first time. What does it mean? The fact is that, according to the law, the writ of execution will be returned to the creditor if the debtor physically does not have property that can be recovered. However, this does not mean that the first one does not have the opportunity to apply again.

In this case, an enforcement fee will definitely be assigned. 5 days are allotted for voluntary compliance. During this time, the debtor can comply with the court's requirements and avoid additional costs. Weekends and holidays are not taken into account. You also need to know that the debtor must be properly notified of the writ of execution in one of the following ways:

Personal departure.
SMS, phone.
Postal correspondence with notification.

If the debtor refused to accept a registered letter, this will not help him avoid sanctions.

The enforcement fee is a monetary penalty imposed on the debtor in the event of his failure to fulfill the writ of execution within the period established for the voluntary execution of the writ of execution, as well as in the event of his failure to comply with the writ of execution, subject to immediate execution, within 24 hours from the receipt of a copy of the order of the bailiff. on initiation of enforcement proceedings. The performance fee is credited to the federal budget. 2. The enforcement fee is established by the bailiff after the expiration of the period specified in Part 1 of this article, if the debtor has not provided the bailiff with evidence that the execution was impossible due to force majeure, that is, extraordinary and unpreventable circumstances under the given conditions.

Do Bailiffs Take a Percentage on a Writ of Execution?

If the debtor does not pay off the debt owed to him within the time period established by the bailiff for voluntary execution, then the servant of Themis is forced to begin the procedure for the forced execution of the requirements of the writ of execution, wasting his time and energy on this.

5 days are allotted for voluntary compliance. During this time, the debtor can comply with the court's requirements and avoid additional costs. Weekends and holidays are not taken into account. You also need to know that the debtor must be properly notified of the writ of execution in one of the following ways:

How much interest do bailiffs take on a writ of execution?

6. The debtor has the right, in the manner established by this Federal Law, to apply to the court to challenge the bailiff’s decision to collect the enforcement fee, with a claim for a deferment or installment plan for its collection, to reduce its amount or exemption from the collection of the enforcement fee.

Sometimes the reason for this may be the desire of the other party to the process to remain a winner. She is looking for an answer to the question of what percentage the bailiff takes and invites him to turn a blind eye to a number of circumstances for a nominal fee. It should be said right away that this is illegal and criminally punishable.

What percentage do bailiffs take according to a writ of execution?

Vladimir Free assessment of your situation After enforcement proceedings have been initiated against you, you have 5 days for its voluntary execution. If you do not have time to repay it, then you are obliged to pay a fee Article 112. Enforcement fee 1.

In case of non-execution of an enforcement document of a non-property nature, the enforcement fee from the debtor-citizen or the debtor - individual entrepreneur is set in the amount of five thousand rubles, from the debtor-organization - fifty thousand rubles. The enforcement fee is collected in the amount of 7% of the amount of the debt. You should have been paid the full amount of the debt. Write

How much do bailiffs charge for enforcement proceedings?

hours on the last day of the specified period, therefore IL is not issued immediately after its end. At the request of the claimant, the IL may be sent by the court for execution to the Federal Bailiff Service (hereinafter referred to as the FSSP). Such dispatch can be carried out by postal delivery, which usually takes from 3 days.

These are, in particular, writs of execution issued by courts on the basis of adopted judicial acts, court orders, acts of departments in cases of administrative violations, and bailiff's orders (Article 12 of the Law).

Having received the papers, within 3 days the bailiff issues a resolution to initiate enforcement proceedings, during which certain actions will be carried out aimed at fulfilling the requirements of acts, resolutions, decisions that the debtor has not fulfilled. Let us note: the bailiff is placed within strict limits by law.

How much percentage do bailiffs charge?

Bailiffs play a special role in the execution of court decisions. As a rule, the responsibility for monitoring the execution of the sentence falls on their shoulders. Many issues related to property and money issues are not immediately fulfilled. The bailiff must monitor the payment of debts, alimony and other mandatory payments.

What percentage do bailiffs charge and for what?

3.1. In relation to several debtors for joint collection in favor of one collector, the enforcement fee is established from each of the debtors in the amount of seven percent of the amount to be recovered or the value of the recovered property, but not less than one thousand rubles from a debtor-citizen or a debtor - individual entrepreneur and ten thousand rubles from the debtor organization.

What percentage have the right to remove bailiffs?

By means of enforcement measures , foreclosure can be directed at the property rights of the debtor, including the right to receive payments in enforcement proceedings , in which he acts as a recoverer (Clause 3, Part 3, Article 68 of the Federal Law). The foreclosure can be as much as 40 thousand rubles. (for moral damage), and for salary payments, any other funds and property of the debtor in the amount of the total amount of the debt.

In accordance with the Federal Law “On Enforcement Proceedings,” a deadline is set for debtors for the voluntary fulfillment of the requirements contained in the executive document; enforcement measures are applied after the expiration of this period. Those. You will be offered to pay the entire amount (not in parts) of the debt with accrued interest and penalties, for example, within 10 days. After this, in case of non-compliance, enforcement measures will be taken.

Enforcement proceedings by bailiffs: deadlines

First of all, bailiffs must decide on the possibility of accepting the received application for work .
Also at the initial stage, the FSSP decides on the need to search for the debtor and forcefully collect the required amount, if we are talking about collecting a debt or alimony. At this stage, the issue of voluntary fulfillment of the presented demands by the defendant is also resolved;
The second stage is the implementation of decisions made based on the results of the preliminary analysis .
If there is no possibility of voluntary execution of a court decision on a writ of execution or the defendant is hiding, then the bailiffs will initiate a compulsory enforcement procedure, which consists of seizing accounts, forcibly seizing movable and immovable property and organizing a search for the defendant;
The third stage is considered to be the completion of enforcement proceedings . It is carried out by the bailiffs issuing a resolution to suspend the proceedings in this case, and the writ of execution is returned to the claimant.

In situations where enforcement actions are required to be carried out in an area under the jurisdiction of another territorial representative office of the FSSP, then in such a case the period will be 15 days , without including the time for execution of the order. An order from one bailiff to another is sent by mail or via the Internet.

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Deductions according to writ of execution

The concept “immediately” is not defined in any regulatory act. At the same time, the provisions of the Family Code indicate that the employer is obliged to do this within three days (when collecting alimony) (clauses 1, 2 of Article 111 of the RF IC). The author believes that the same period should be adhered to when returning other executive documents.

The writ of execution is sent to the territorial department of bailiffs of the FSSP of Russia with a covering letter by registered mail. The claimant is simultaneously notified of the movement of the writ of execution. The procedure for notifying the creditor has not been approved, however, when sending him a letter with notification of receipt, the company retains proof of the notification.

Sample application to the bailiff for interest reduction on a writ of execution

Sample application to bailiffs In different situations, it will be necessary to prepare separate petitions that differ in content.

The document indicates the essence of the issue that needs to be resolved with the help of bailiffs, general data on the parties to the conflict or the current situation, as well as the personal data of the submitter.

In order for the bailiffs to accept the petition and register it, it is important to formalize it correctly.

Source: https://yrokurista.ru/nalogovoe-pravo/berut-li-pristavy-protsent-po-ispolnitelnomu-listu

Bailiffs

If a court decision has been made against you to collect a debt, then enforcement proceedings are initiated. The bailiff issues a corresponding decision and invites you to voluntarily repay the debt in full within 5 days. If you do not comply with this requirement, then enforcement begins. If you do not work, then an inventory of property is quite possible. So everything they tell you is correct.

For their work, bailiffs charge an enforcement fee, which is 7 percent of the amount of the collected debt.

Article 112. Enforcement fee 1. The enforcement fee is a monetary penalty imposed on the debtor in the event of his failure to fulfill the enforcement document within the period established for the voluntary execution of the enforcement document. The performance fee is credited to the federal budget. . 3. The enforcement fee is established in the amount of seven percent of the amount subject to collection or the value of the property being recovered, but not less than five hundred rubles from a debtor-citizen and five thousand rubles from a debtor-organization.

You can ask for a deferment - According to the Code of Civil Procedure of the Russian Federation, there is a norm - Article 434. Postponement or installment plan for the execution of a court decision, changing the method and procedure for its execution, indexation of awarded sums of money If there are circumstances that make it difficult to execute a court decision or decisions of other bodies, the claimant, the debtor, the bailiff - the executor has the right to raise before the court that heard the case, or before the court at the place of execution of the court order, the question of postponing or installment execution, changing the method and procedure for execution, as well as indexing the awarded sums of money.

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How much can bailiffs deduct from salaries?

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Find out the debt from the FSSP bailiffs

Important: If you discover that all your wages have been withdrawn from your card, this is a reason to go to court with a complaint against the actions of the bailiffs.

According to the Labor Code of the Russian Federation, the amount of salary withheld on account of debt is calculated in the following proportions:

by law - 20% of salary;
according to federal law or court decision - 50% of salary;
exceptions to the rules (for example, alimony) – 70%.

The most common rate is 50% withholding from wages towards credit debt.

If the borrower has children, the amount of withholding is reduced:

The presence of 1-2 children - bailiffs do not have the right to withhold more than 30%;
The presence of a child studying at a university not on a budgetary basis – 30%.
Death of a spouse and presence of minor children – 25%.
Death of a spouse and absence of minor children – 50%.

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For which debt can funds be held first?

The first on the list is alimony payments. According to them, the bailiff can deduct up to 70% of the debtor’s income. Second in line are loan debts. They are collected if the debtor has enough income to pay off first-priority debts. The amount of payments on debt obligations of the second stage is 50% and no more.

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In cases where the debtor does not have enough funds to pay off debts under several writs of execution at once, the bailiff has the right to withhold the debt under the second writ of execution only after the debts under the first have been repaid. That is, the debtor first pays off the child support debt in full, and then, depending on how much money is left, pays off the loan debt.

Important! If at the debtor’s place of work two writs of execution have been received from the bailiffs for the payment of debts of different priority, then the bailiffs can withhold the debt under the second writ of execution only after the debt under the first has been paid.

For example, according to a writ of execution for compensation for harm caused to health (applies to first-priority debts), 60 percent of the total amount of income is deducted from the debtor’s salary. This means that withholding funds for debts for a loan in the amount of 50 percent of the salary can be written off only after compensation for harm to health.

What portion of the funds will be collected?

Employees of the Federal Bailiff Service claim that no one has the right to apply an increased rate of 70% to writs of execution, for which a maximum 50% limit applies.

The amount of collections directly depends on whether the limit is enough to retain the debt on the loan and all the others or not. That is, if the amount of penalties falls within the limit, then the amount of debt can be withheld under all writs of execution or orders of bailiffs.

Important! The chief accountant has the right to calculate the maximum amount of deductions from the amount that the debtor receives directly in hand, after deducting personal income tax (taxes).

If the accounting department of an organization or enterprise collects 50 percent or more of alimony for a child, then it will be impossible to withhold anything from the second-priority debt payments (loan).

How much interest can the bailiff keep?

The court of first instance makes a decision, which will come into force after one month. The defendant or plaintiff can appeal the judge's decision within these four weeks. If no applications are received from them, then the decision comes into force and the defendant legally acquires the status of a debtor.

Attention! If you need protection from bailiffs, we can help you on the legal advice , go and ask questions in the application form for free!

A writ of execution is drawn up in court, which is then sent to the bailiffs to begin enforcement proceedings.

Based on the sheet, the bailiff has the right to prepare a resolution indicating the debtor’s place of work, his legal address, information about the court decision, debt obligations, and determines the percentage that should be withheld from the debtor’s wages.

The bailiff sends a notification of the decision made regarding the debtor and a copy of the resolution to the organization where the debtor works by registered mail.

In addition to the bailiff, according to the law, it is possible to take your copy of the writ of execution to the debtor’s place of work to the plaintiff himself and submit it to the accounting department.

How is money withheld from your salary?

According to Article 98 Part 3 of the Federal Law “On Enforcement Proceedings”, interest on the debt may begin to be withheld from the day the accountant receives a writ of execution from the claimant or a bailiff’s order.

The accountant or cashier who issues wages to employees must withhold from the debtor's salary the percentage of funds specified in the resolution, and then transfer or pay them to the debt collector within three days.

If the organization has the opportunity to issue advance payments to its employees, then 50 percent can also be withheld from them. The bonus, if there is one, will also be divided into two parts.

When a debtor is dismissed and transferred to another job, according to the law, the writ of execution is transferred to the department to another bailiff, who will continue to carry out enforcement actions in the territory under his jurisdiction. Debtors are always required to notify bailiffs about a change of place of work.

What liability will the debtor bear if he evades paying the debt?

You should not attempt to hide from the bailiff or enter into hostile relations with him.

Executors, as a preventive measure, have the right to ban the debtor from moving within the country or from traveling abroad.

If the debtor himself cannot continue to pay his debts, then by law his relatives can be involved in repaying the debt. There is no point in aggravating the troubles associated with debt repayment.

When can penalties be imposed on wages?

By law, the performer has the right to do this in the following cases:

If the writ of execution contains an instruction to impose a penalty on wages.
If the amount of collection is less than 10,000 rubles.
If the borrower does not currently have available funds and property in the amount necessary or sufficient to pay off the entire debt.

What restrictions exist if the debtor has a child?

The Labor Code states that no more than 30% of income can be deducted from the salary from parents with minor children or student children studying on a paid basis.

According to the law, only 20-25% can be written off from the salary of a mother or father raising a child alone.

If a male debtor is unexpectedly widowed and has a minor child to raise, he pays the same amount as a single father.

The following are not subject to collection:

Payments from the Social Insurance Fund against accidents and diseases associated with production activities.
Part of the additional amount that is charged for harmful working conditions.
Additional payment for caring for a relative or child with a group I disability.
Benefit paid as a result of staff reduction.
Payments due to a woman upon the birth of a child.

How much can a salary card be withheld by law?

For any claim, no more than 50% of all receipts can be written off from the card to which the debtor’s payment is received.

A salary card may be seized if there is a claim for repayment of a debt, utility debts, alimony, or in case of late payment of interest on a loan.

Petr Romanovsky, lawyer Works in the legal field for 16 years, specializing in resolving housing disputes, family matters, inheritance, land disputes, criminal cases

Source: https://advocate-service.ru/pristavy/kakoj-procent-ot-zarabotnoj-platy-mogut-uderzhivat.html

How much money do bailiffs earn?

Until recently, the salary of civil servants was minimal, and they worked for mere pennies for the benefit of the Motherland. But when a tough fight against corruption began, the government raised the salaries of bailiffs and if in 2000 such civil servants received 2 thousand rubles, then in 2014 bailiffs on average across the country receive 27 thousand rubles. Of course, a novice specialist will receive much less and should not count on more than 15 thousand rubles.

The salary of bailiffs consists of:

official salary;
monthly bonus;
monthly bonus for special conditions of civil service (up to 60% of the salary for an ordinary employee);
length of service;
cool rank.

Experienced, long-serving employees and management team earn much more than an employee who has worked for a year. Their monthly financial incentives and bonuses for special working conditions can reach up to 150% of the salary.

The length of service also significantly influences the bailiff's salary. If a person serves in this position from one to five years, he is given a salary bonus in the amount of 10% of the salary and then for each further five years of service this bonus increases by another 5 percent. The highest bonus for length of service is 30% of the salary. Length of service also affects additional leave, which is paid and calculated at the rate of one day of leave for each year of service as a bailiff.

A big addition to the salary and all established allowances are cash bonuses, which depend on the number of successfully completed cases by the bailiff. That is, how many debtors he was able to force to pay the debt and the more of them, the greater the premium.

The assignment of a class rank also leads to an increase in the bailiff's salary. You can count on this after six months of working as a bailiff after successfully completing an internship. Further increase in rank will depend on certification.