Do they have the right to describe property at their place of residence?

Regulations

The question of the legality of a number of actions of debt collectors periodically troubles the minds of ordinary citizens. Many have heard about threats and other violent actions against debtors. Sometimes they try to describe the property of a borrower who cannot pay his debts.

Legislative actions are prescribed in Federal Law No. 229 “On Enforcement Proceedings” dated 10/02/2007 and in Federal Law No. 118 “On Bailiffs” dated 07/21/1997. These laws reflect the issue of seizure of the debtor's property. The documents clearly state that only bailiffs are endowed with such rights in the Russian Federation. And only after a decision has been made by the judiciary.

If employees of a collection agency try to make an arrest, then this process is contrary to the legislation of the Russian Federation, therefore they should be held civilly liable for such acts.

According to the Civil Code of the Russian Federation, any actions related to the description and seizure of the property of any person must be resolved only through the court. Collectors in this case are no exception. They are also required to file a claim with the courts.

If the process has reached court proceedings, then in addition to the Civil Code of the Russian Federation, it is necessary to focus on Art. 129 of the Code of Civil Procedure of the Russian Federation, where the debtor is assigned the right to file a petition for an installment plan in execution of a court decision.

According to the law, collectors cannot describe property, and if they commit such actions they are punished

Seizure of property

Only bailiffs can also seize or seize the debtor’s property , and only after the relevant court decision has entered into force. This activity of bailiffs is regulated by Russian laws, in particular No. 229-FZ and No. 118-FZ.

In other words, only bailiffs have the right to legally:

• enter the debtor's house or apartment without his permission;
• seize the debtor's property and income;
• seize certain pieces of property.

Collectors do not have such powers, so their actions to describe the property can be regarded as illegal even if they have an agency agreement with the bank and notified the debtor about the sale of the debt.

Sometimes collection agencies will sue a borrower if none of the measures they take result in repayment of the debt. They also resort to this outcome if the debtor has very expensive property, and the collectors wait until the amount of the debt, together with penalties and penalties, reaches the maximum amount. This is justified by the fact that the amount of the debt is included in the lawsuit and cannot later change upward.

Unfortunately, it is not uncommon for collection agencies to confiscate various items of property (cars, apartments, etc.) to intimidate the debtor. In such cases , collectors can be held accountable by writing a statement to the prosecutor's office or the police .

If collectors threaten to seize property, the debtor should act as follows:

1. Document the fact of the threat: make an audio or video recording of a conversation with an employee of a collection agency, find witnesses.
2. Remind the creditor of your rights, referring to the law.
3. In case of repeated violation of rights, send a statement of complaint against the collection agency to the prosecutor's office, police, Roskomnadzor, Rospotrebnadzor, FSSP, NAPKA.
4. File a claim against illegal actions of debt collectors.

Only a bailiff can seize property. If such measures were taken by collectors, then the debtor needs to contact the police

Violators of rights and regulations should be dealt with by legal means. The debtor can always send a complaint about the unlawful methods of the collectors to the appropriate authorities or file a lawsuit against them. In this case, it is possible to achieve not only punishment for the offenders, but also debt restructuring and invalidation of the agreement between the financial organization and the collection agency.

In addition, the defaulter’s relatives, family members and acquaintances are not obligated to repay his debt , so the inventory or seizure of their property indicates illegal actions on the part of employees of the collection organization.

Consequently, collectors cannot seize property at the debtor’s place of residence, because this will be a violation of the rights and interests not only of the borrower, but also of other persons who have nothing to do with the repayment of the debt.

Only a bailiff has the right to take an inventory of the property of relatives and family members living in the same apartment or house with the debtor . However, individual items may be excluded from the inventory by presenting indisputable evidence of their ownership: warranty cards, receipts and eyewitness testimony.

How is collection carried out?

It is clear that if a person takes out a loan from a bank, then he must be ready to repay it, and not just like that, but with interest. If you do not do this, then you can prepare for the fact that the organization that provided the loan may simply take away the property belonging to the debtor. Although this process is not fast, it is not so rare.

If there is a delay in loan payments, the party representing the interests of the lender may file a lawsuit with a demand to seize and seize the debtor’s property to pay off the debt.

Representatives of the court are required to notify the defendant of the place and time of a future meeting, at which the borrower will have to give explanations about the debt. Alternatively, the judge may suggest concluding a settlement agreement on payments. If the defendant refuses, the judge will make a ruling on the matter. After three months, the claimant receives a writ of execution. With this document, he is sent to the Bailiff Service, where a case is opened regarding debt collection.

When the collector came

If the moment comes when someone knocks on the door and introduces themselves as a debt collector, there is no need to panic with all your might. He must introduce himself and present documents related to the case. A representative of a collection company may require an inventory of property to repay the debt. At this stage, there may be a need for legal justification as to whether collectors can describe the debtor’s property themselves. Definitely they can't. These powers belong exclusively to bailiffs.

What rights do collectors have?

The very concept of “collector” came into use not so long ago. For most, it is a debt collector. Therefore, the law that regulates their activities was adopted only in 2020 (Federal Law of the Russian Federation No. 230 “On the Protection of Rights...”). This document at the state level introduced restrictions on the actions of collectors, which were not always humane, and sometimes were outright lawlessness.

According to the new law, employees of collection agencies only have the right to notify citizens about the existence of a debt (about its size, the amount of the fine, methods and terms of repayment). This is only possible if an agreement is concluded with a credit institution (assignment or agency agreement).

Collectors must strictly follow their rights and responsibilities

In cases where a bank sells rights to a debt to a collection organization, its employees have the right to the following actions:

• Visit the debtor at his place of residence no more than once a week.
• Make a phone call to the borrower. This can be done no more than once a day, no more than twice a week.
• It is acceptable to send voice or written SMS messages to the debtor’s phone number. Their number is limited to two times a day and four times a week.

Such actions must be carried out within a strictly defined time frame. Thus, it is prohibited to disturb the debtor from 22.00 to 08.00 on weekdays and from 21.00 to 09.00 on weekends and holidays.

If employees of a collection agency violate these provisions of the law, then the person to whom they cause inconvenience has the right to file a complaint in court demanding to protect their privacy from such attacks. Thus, having read the law, it becomes clear whether collectors have the right to describe property at the place of registration or anywhere else. The answer is clear – no, they don’t.

Can debt collectors describe property?

Advice from lawyers:

1. Can collectors come and describe the property, as bailiffs do?

1.1. No they don't. They don't have such powers.

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1.2. They can go to court to collect the debt, but they do not have the right to describe the property. But they can be intimidating.

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2. Can collectors come and describe the property?

2.1. Hello, Elena! Collectors do not have the right to inventory property. Upon assignment of rights of claim or under an agency agreement, they have the right to demand fulfillment of obligations, that is, to call and write SMS notifications. If there is a court decision, collectors can transfer the writ of execution to the bailiffs, and only they have the right to compulsory collection, that is, to take an inventory of the property.

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2.2. Of course not, bailiffs have the right to describe. Collectors do not have such powers. In fed. Law 230-FZ establishes the following powers of collectors: informing the debtor about the amount of the debt and the amount of penalties; personal meetings with the borrower once a week; telephone calls 2 times a week; other messages (electronic, SMS) 4 times a week.

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3. Can debt collectors describe the property in this case?

3.1. Hello, this is not allowed for them by law, they can only go to court against you, enter a writ of execution and hand it over to the bailiffs for enforcement. But the bailiffs can describe the property at the place of registration of the debtor.

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3.2. Good afternoon, dear visitor! Collectors - no one even calls them - of course have no right. All the best, I wish you good luck in resolving your issue!

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3.3. Good day, dear visitor. Of course, I already gave you the answer earlier - THEY DO NOT HAVE SUCH POWERS

Good luck to you in resolving your issue.

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3.4. Hello! Collectors cannot do anything without a court decision and the initiation of enforcement proceedings. Good luck to you all the best.

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3.5. Sergey, collectors have no right to even come to you. Only bailiffs have the right to seize property as part of enforcement proceedings.

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3.6. Good day. The collector cannot describe the property. He has no such powers. Only a bailiff can describe the property. All the best.

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3.7. Hello, Sergey! In no case can collectors describe property - this is not provided for by law, only bailiffs have such a right. You can always find a way out of any situation. Good luck to you and all the best in your endeavors.

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4. The thing is, I took out a microloan on the Internet before the pandemic, my business was closed, I worked unofficially, I can’t repay the entire amount of the debt because there is no money at all. The collectors call and are rude and say that they will go to the place of registration and describe the property, etc. I was overdue for about 3 weeks because there was no money for an extension. Tell me, can they come and demand something without going to court?

4.1. Good afternoon, you shouldn't take their threats seriously. They do not have the right or authority to describe the property; this can only be done by bailiffs as part of enforcement proceedings. If the collectors do come, you simply don’t have to talk to them and don’t let them come to you. You have every right.

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5. Please tell me what collectors can do if the bank sold them a loan and can they describe the property?

5.1. Hello. They can also sue Article 3 of the Code of Civil Procedure of the Russian Federation.

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6. Can bailiffs, together with collectors, come to the debtor and demand that part of the debt be paid? There is legal proceedings, the debtor is working officially. But there was no writ of execution in the accounting department. The bailiff threatens to come and describe the property!

6.1. The bailiff has the right to describe the property.

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7. The collector calls 20 times a day, they say if payment of the loan debt is not received within 5 days, then some of their visiting commission will come to me. What can this commission do for me? Can describe the property? Thank you very much in advance for your answer.

7.1. The property is described only by the bailiff “commission”, even if it arrives (which is unlikely), the most it can do is talk and hand over documents (for example, a demand for repayment of a debt)

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7.2. It’s worth clarifying: Which bank did you take out the loan from? Which collection service is working with you now? What is the amount owed? It is advisable to meet them on their territory, that is, in their office. Study the situation and inquire about debt reduction.

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8. My daughter’s debt on a loan can collectors describe my property if she is registered in my house.

8.1. Galina, bailiffs act within the framework of Art. 33 of the Federal Law “On Enforcement Proceedings”, which states that collection is carried out at the place of registration, place of residence or location of the debtor’s property (even if the latter is located with third parties). Thus, it is clear that bailiffs can come to the place of registration and seize the property located in the apartment for debts.

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8.2. They do not have the right to describe your property, but you will need to prove that it is really yours. For example, checks, contracts, receipts, etc.

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9. My ex-son-in-law took out a loan when he was already divorced from our daughter but was registered in our apartment. As soon as they found out about the debt, they wrote it off. I still receive letters from debt collectors. Can they describe our property?

9.1. Collectors generally have no right to come to your Apartment, or to describe the property, or to come to your place of work.

Did the answer help you?YesNo

9.2. No, they cannot foreclose on your property.

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9.3. They can describe and sell by way of compulsory execution on the basis of a writ of execution under the following conditions: - the property belongs to the former son-in-law, as it was acquired before the marriage or after the divorce, but is in your possession; - the property was acquired during the marriage and is in your possession, then an application from the bailiffs to determine the shares in the common property (and not in a separate thing) and then the sale transferred to the former son-in-law.

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10. Can collectors describe my property without a court decision? They offer to prevent this from happening, come to them and agree on payments, but the amount is three times too high, what should I do?

10.1. Hello. Without a trial, collectors cannot do anything to you, and in conversations you need to swear at them and send them to court.

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10.2. Hello. No, of course they can't. No one can deprive you of property, except the relevant authorities and ONLY by a court decision that has entered into force. Good luck.

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11. Can debt collectors describe the property or increase the amount of debt (interest). Alexander.

11.1. Only bailiffs can describe property, but they can charge interest, but up to the limits established by law.

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12. Collectors from Voronezh are calling about my common-law spouse, they are threatening to come to me to describe my property, they are threatening to call my sisters, tell me if they can do this. And tell me, is there any chance that they will come at all? He took out a loan from Sberbank when he was officially married to another woman. They also call his mother and threaten him. Today I was offered to sell my property.

12.1. You never know what they say. They are no one at all. You might as well sell them your property. I recommend that you simply ignore them, or send them to 3 letters, i.e. to court.

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12.2. This is their job - to threaten and blackmail, they especially like to get on the nerves of elderly, semi-capable relatives. Only an equally smart pro can rein in this fraternity so that they forget the debtor’s number, and it’s not cheap. But it’s really simpler - ignore or threaten with the police, for example, and recording conversations.

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13. Can collectors demand a debt for a loan from relatives in another city if he is registered in this house but has no rights to it and is not the owner and describe the property if he has never lived there?

13.1. Hello According to the Federal Law of July 3, 2016 N 230-FZ (as amended on November 12, 2018) “On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts and on amendments to the Federal Law “On microfinance activities and microfinance organizations” Collectors do not have the right to describe property at all. Also, they cannot demand repayment of debts. They can only go to court.

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14. The loan is overdue for more than 60 days, the collectors say that they will hand over the documents to the FSSP. Question: can the FSSP describe property without a court order?

14.1. If there is a court decision to collect a debt from you, then within the framework of enforcement proceedings they can.

Did the answer help you?YesNo

14.2. You are a strange person. You were given a comprehensive answer regarding the actions of the bailiff, that without the writ of execution and the individual entrepreneur initiated on it, the bailiff will not do anything. Since when are debts collected without a court order? You are writing some kind of nonsense about the collector and the FSSP. The claimant can directly submit a writ of execution to the bank. And also to the debtor’s employer if there is a debt of no more than 25,000.00 rubles. (Article 9 of the Federal Law “On Enforcement Proceedings”).

Did the answer help you?YesNo

15. Tell me, I have 4 loans that I don’t pay on time, I didn’t take out the loans from a bank, but through online loans on a card. They call me and say that they will take my part in the house and inventory the property. The house where I am registered but my sister does not live. Can debt collectors take my sister’s equipment and house for my loans?

15.1. Before anything can be taken away, enforcement proceedings must be opened. Enforcement proceedings are opened on the basis of a writ of execution. A writ of execution is issued in court on the basis of a court decision that has entered into legal force. Therefore this is nonsense.

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15.2. Elena, the debt can only be collected from you in court. They put psychological pressure on you to force you to repay the loan, do not communicate with them. If they arrive, then call the police and file an application for compulsion to fulfill a civil obligation. They can only foreclose on your property if there is a court decision to collect money in their favor.

Did the answer help you?YesNo

15.3. Good evening, Elena! Collectors have no right to visit the apartment, describe the property, or seize accounts. Everyone is just intimidating and blackmailing. Tell him you will file a police report.

Did the answer help you?YesNo

16. In 2013, a loan was taken out, due to the difficult financial situation, the loan was not repaid. On October 17, 2018, a collector came with a notification about the description of the property. If the problem is not resolved, can they, after 5 years, describe the property to pay off the debt and how? It’s better to do this, the collector said that the trial had already taken place.

16.1. Hello, Elena! The collector, even if there was a trial, has no right to describe anything. Only bailiffs can describe and sell your property. They will be required to show you the court decision. Most likely, your debt was bought by a collector and they are simply scaring you. If there is still a trial, then declare at the court hearing that the limitation period has passed under: Civil Code of the Russian Federation Article 196. General limitation period 1. The general limitation period is three years from the date determined in accordance with Article 200 of this Code. 2. The limitation period cannot exceed ten years from the date of violation of the right for the protection of which this period is established, with the exception of cases established by Federal Law No. 35-FZ of March 6, 2006 “On Combating Terrorism.”

Did the answer help you?YesNo

17. Tell me, the debt under the MFO was bought by the collectors, now there are calls and threats that they will describe the property (I don’t live by registration), my parents live, there is no this debt on the FSSP, can the collectors describe something without a court decision?

17.1. Hello. No. And if these collectors are not in the registry, then you can be completely exempted from paying the debt. No problem…

Did the answer help you?YesNo

17.2. Hello Lena! Send to the collectors a partial withdrawal of personal data, withdrawal of consent to interact with third parties, refusal to interact. All calls and SMS will stop. In this way, you will deprive the new lender of a tool of psychological pressure; in the future, you will be offered to close the loan on favorable terms, often for the amount that was taken. That's it in short. And remember, all that collectors can do is simply remind you of the need to repay the debt.

Did the answer help you?YesNo

18. Can collectors describe property and seize accounts? That’s what the collector told me.

18.1. Collectors do not have the right to perform these actions. In accordance with the Federal Law “On Enforcement Proceedings”, these actions are carried out only by bailiffs, in the presence of initiated enforcement proceedings.

Did the answer help you?YesNo

18.2. Good afternoon, Oksana! Tell the collectors that you will contact the police and the prosecutor to report the threats. Only bailiffs can describe property and accounts within the framework of enforcement proceedings on the basis of a writ of execution issued by the court after the decision has entered into legal force.

Did the answer help you?YesNo

18.3. Hello Oksana! Send to the lender a refusal to interact, a partial withdrawal of personal data, or a withdrawal of consent to interact with third parties. Your case will be withdrawn from the collectors, all calls and SMS will stop. In this way, you will deprive the lender of a tool of psychological pressure, and in the future you will be offered to close the loan on favorable terms. Collectors have no rights other than to remind you of the need to pay the debt.

Did the answer help you?YesNo

19. Help me understand my situation - I live in my apartment with my roommate (10 years old), he took out a bank loan without my knowledge, at first he paid it off, and then he lost his job and stopped making payments (he’s not working at the moment), collectors are demanding to pay off the debt, can they describe any property in my apartment and the apartment itself (an apartment owned by my father)? It is not registered in my apartment... Thank you in advance...

19.1. Hello Irina! No, the apartment will not be touched in any case. In general, collectors do not have the right to describe property! Only bailiffs have the right to do this on the basis of a court decision.

Did the answer help you?YesNo

19.2. Your roommate has nothing to do with your apartment. For debt obligations, the debtor is liable only with his property. Those. property owned by him. If, for example, there is a TV in your apartment that he bought with his own money, then a penalty may be imposed on him. But this is impossible to prove. So you have nothing to worry about. And you can complain to the police about the actions of debt collectors.

Did the answer help you?YesNo

20. According to a court decision, my wages will be deducted in honor of my debt to the bank. I'm on maternity leave. The bank has hired collectors who are threatening to seize the property. Can the bank sue again? The bank doesn’t want to wait for me to return from maternity leave and demands urgent payment of the debt.

20.1. Good day, Natalia! You can apply to the court for a deferment or installment plan for the execution of the court decision. After the court makes a positive decision, no one can bother you. The bank cannot sue you a second time. All the best!

Did the answer help you?YesNo

20.2. Good afternoon, Natalya, in your situation there is already a court decision that has entered into legal force and enforcement proceedings have been initiated. The bank usually sells such debts to collectors, who then collect the debts. The bank cannot sue you again on the same issue, since there is already a court decision on the same basis and subject of the dispute, the decision has entered into force. Therefore, write an official request for an installment plan to pay off the debt (debt restructuring), you need to look for additional sources of income, ask for help from relatives, close friends and acquaintances.

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Even before the divorce, my husband took out loans from IFRS and banks, after the divorce they tormented me with calling collectors, threatening to come and describe MY property, what should I do?

I can’t talk on the phone, it’s broken, only messages asking whether collectors can take away or describe property that doesn’t belong to me without a trial.

Can collectors come and describe the property? With a debt of 20,000 rubles? And can they take away the child’s computer, which he uses to teach the school curriculum?

Collectors are threatening to sue his brother for debts on the loan. And they say that according to the writ of execution they can describe the property of the parents. Is it possible?

The husband is the guarantor for the loan. The borrower refused to pay the collectors, and the collectors filed a lawsuit.

Can collectors open the door without a trial with the help of the Ministry of Emergency Situations and Chadian and describe the property?

Can collectors describe the property in the apartment where I am registered? But I don’t live there and the apartment is not mine.

I haven’t paid off my loans for two years, my wife bought a two-room apartment

Please tell me whether collectors can describe the property and enter the apartment?

What can you do before the trial?

All parties involved have the right to take a number of legal steps prior to trial. Thus, the lender has the right to assign its rights to repay the loan (RF Federal Law No. 353 “On Consumer Credit”). Even if the debt was just on a credit card. This procedure is impossible only if the ban on it was initially stated in the contract.

When the assignment is legally formalized, the debtor retains all the rights and obligations that were in relation to the old creditor, only now they are redirected to the new one (for example, to a collection agency).

If debt collectors exceed their powers, the debtor has the right to initiate legal proceedings.

At the same time, the borrower, even before the trial, has the right to repay the entire amount of the debt voluntarily. Then the claim will be withdrawn. If he does not have the opportunity or desire to do this, then collectors representing the interests of the bank or a third party file a claim in court against the debtor demanding the collection of overdue payments.

Can banks describe the debtor's property?

In recent years, the economic situation in the country has developed in such a way that an increasing number of citizens are applying for various loans from various financial institutions. Unfortunately, not everyone subsequently returns the money taken as a loan, and, as a result, third parties intervene in the process and try to repay the resulting debt by any means. In this situation, it is especially important to know whether debt collectors can describe the property without a court order.

This is interesting: What can bailiffs do with a car if there are debts?

Unacceptable actions of collectors

According to Law No. 230-FZ, representatives of collection organizations do not have the right to:

1. Use obscene language when communicating with debtors, even raise the tone of your voice.
2. Threaten that they will take away property from the person being collected, which directly answers the question of whether collectors have the right to seize property.
3. Disclose confidential information about the debtor to his relatives, neighbors, employer (an exception may be the case when, for example, one of the relatives acted as a guarantor when processing a previously unpaid loan to the bank).
4. Enter the debtor's house without permission.
5. Describe his property.
6. Cause harm to health, use physical or psychological pressure on a person.
7. Communicate with minors (for example, children of the debtor), as well as with persons undergoing treatment in psychiatric hospitals, people with disabilities.

When writing such an application, you must take into account that this can be done no earlier than 4 months from the date the debtor became overdue on the loan. Otherwise, the document will be considered invalid.

Illegal actions

The activities of collectors can be called criminal in many respects. You can often hear stories about apartments being set on fire, beatings, threats, etc. Therefore, it is worthwhile to figure out what actions on the part of these individuals are absolutely unacceptable and may lead to the intervention of executive authorities. These include the following acts:

• Threats to the life, health, property of the debtor and his loved ones.
• Speech using profanity or even raised voices.
• Providing confidential information about the borrower to third parties. For example, neighbors, colleagues, etc. The only exception can be the case when the collector shares data with a relative of the debtor who wants to become a guarantor in the transaction.
• Attempts to enter a home without invitation or permission.
• Drawing up an inventory of the debtor's property.
• Physical or psychological violence, attempts or simply threats to cause harm to the health of the borrower and his loved ones.
• Attempts to conduct a conversation with the debtor’s child and his relatives who are recognized as incompetent and/or disabled.

Often the parents of the borrower act as guarantors when obtaining a loan. But even after a court decision to seize their property to pay off the debt, collectors cannot do this. The right to describe and seize property is vested only in bailiffs. In addition, no one can take away real estate if at least someone other than the borrower is registered and lives on it (except for cases where the loan was provided specifically for the purchase of this property). That is, you can register a relative in the apartment and it will be inviolable.

Moreover, according to Russian law, the debtor has the right to refuse any communication with debt collectors and transfer this process to his legal representative or lawyer.

In case of illegal actions, you should consult and find out whether collectors can take the property. If a violation is suspected, a number of steps must be taken:

• Try to find a witness to the incident or record it using photo or video equipment.
• Convey to collectors the fact that they understand the illegality of their actions.
• File a complaint with government agencies (police, Prosecutor's Office, Roskomnadzor, etc.).
• File a statement of claim in court if the complaint is not satisfied.

To summarize, we can say that not a single collector has the right to describe, much less take away, the debtor’s property. Only bailiffs have such rights and only after the court makes a decision. In 2020, there were no legal changes in this matter.

The inventory of property and who can carry it out will be discussed in the video:

Attention! Due to recent changes in legislation, the legal information in this article may be out of date!

Our lawyer can advise you free of charge - write your question in the form below:

Can collectors and bailiffs describe property?

The question of what rights a collection agency has can be answered simply: no more than your neighbor below. They cannot blackmail and intimidate you, physically influence you in any form, or humiliate your human dignity. Collectors do not have the right to disclose your personal data (and this includes information on your loan), i.e.

They also cannot pester your boss or wife with calls or visits. But it is worth remembering that they are sophisticated masters in the forms and methods of psychological influence.

Phone calls, SMS, emails and letters, intimate conversations - and people find ways to pay their debts.

Legislation on inventory of property for debts

Federal laws numbered 118 and 229 clearly regulate that only bailiffs have the right to describe property. Collectors who threaten to describe property without a court order may be held liable.

However, they have the right to describe the property not directly, but with the help of a judicial institution. In other words, after repeated exhortations from the borrower, collectors file a statement of claim in court. It’s worth mentioning right away that this circumstance is extremely rare.

If legal proceedings nevertheless begin, the debtor may file a petition for an installment plan for the execution of the court decision. This can be done no later than 10 days (Article 129 of the Code of Civil Procedure).

Property that does not belong to the debtor may be described in the presence of the owner, the borrower and subject to its availability. In fact, these three factors very rarely coincide.

Can a debtor lose property?

So, let's answer the main question - can a collection agency describe the debtor's property? Will the person then lose his only home?

In this case, the answer cannot be unambiguous. If we talk about the legal side of the issue, then no, collectors do not have the right to deprive a person of housing. According to the basic law of the Russian Federation, only the state is endowed with this right.

A person can lose their home only by a court decision.

Now think about the last statement that the court is the only one who can take away housing from the debtor.

Who prevents debt collectors from going to court?

Nobody, they have every right to do so. You don’t repay the debt, on this basis the agency files a lawsuit, but in whose favor will the decision be made? There is no doubt that it will not be you.

Can bailiffs seize parents' property for children's debts?

Let's assume that you have expensive property, but you have not yet paid off the debt. Collectors will also not rush to go to court. Indeed, in this case, the amount of debt will be immediately recorded. And it’s not profitable for them. They will wait until the debt, due to fines and penalties, reaches its maximum.

Only then will the application go to court. Based on the court decision, the bailiff will describe your property. Then everything will be sold at auction. It is not a fact that the percentage of its real value will be high.

When does a debt collector have the right to describe property?

If the borrower violates the terms of the consumer loan (loan) agreement regarding the terms of repayment of the principal amount and (or) payment of interest for a duration (total duration) of more than sixty calendar days during the last one hundred and eighty calendar days, the lender has the right to demand early repayment of the remaining amount of the consumer loan (loan) together with the due interest and (or) termination of the consumer loan (loan) agreement, notifying the borrower in the manner established by the agreement and setting a reasonable period for repayment of the remaining amount of the consumer loan (loan), which cannot be less than thirty calendar days from the moment the creditor sends a notification In accordance with Art.

Do collectors have the right to call, come to home or work, and describe property?

The collection office reports that: They have the right to come to the place of residence (registration) or place of arrival of the debtor and describe the property (I don’t argue with this), but they also say that they can come to all her (the debtor’s) relatives then is to me and my wife and make the same description of the property. Hello. No one other than bailiffs can come to your mother-in-law or to you and seize existing accounts or property.

This is interesting: Can bailiffs collect a debt if the salary is less than the subsistence minimum?

Collectors' rights

Continuing to explore the question of whether collectors have the right to describe the debtor’s property, let’s move on to the true rights of collection organizations by considering sections of Federal Law No. 230. The current legislation has largely limited collectors, because previously there was real chaos in this area. To be honest, even today there are many complaints about the actions of debt collectors to the relevant authorities. At least now this segment, albeit imperfectly, is regulated.

So, collectors are only allowed to inform citizens about their existing debt if an agreement (agency or assignment agreement) is concluded between the agency and the bank. It is permissible to voice the amount of the debt incurred, the amount of fines; the collector may ask when the debt will be repaid. All. If the original creditor (bank) sold the borrower's debt to collectors on the basis of an assignment agreement, the law allows collectors to act as follows:

What property cannot be seized?

The legislation of the Russian Federation provides guidance regarding property that cannot be seized:

1. Housing is not the subject of a mortgage agreement. A citizen must own at least one residential property.
2. Personal items, as well as basic household items.
3. Land plots with houses that are the only premises for a citizen’s housing. In this case, the real estate should not be the subject of a mortgage.
4. Property necessary for professional activities.
5. Sowing seeds.
6. Livestock not related to business activities.
7. Fuel used for space heating and cooking.
8. Money and products with a focus on the cost of living.
9. Property that is required for the debtor due to a disability group.
10. Awards, prizes.

The list of property that is not described may be expanded based on federal laws.