Time limits for searching for a debtor in enforcement proceedings

The difficult economic situation in the country as a whole and low salaries are forcing citizens to borrow money from others. The debt situation worsens if the borrower stops fulfilling contractual obligations on time. A similar picture emerges for obligations to the budget, alimony, fines and other payments. To collect the arrears, the plaintiff turns to the court, the FSSP. In this case, it is important to find out how the debtor is searched in enforcement proceedings and what consequences await him.

Reasons for being wanted

After a systematic violation of contractual terms by the defaulter, the creditor is forced to seek protection of legal rights in court. The proceedings begin, as a result of which the claimant receives a writ of execution and transfers it to the bailiffs for processing.

The executor initiates proceedings, the main purpose of which is to satisfy the requirements of the court. At the first stage, the official gives the defendant a five-day period for voluntary repayment of debts. Next, the enforcement procedure begins. We are looking for the defaulter, his assets, cash in cash and in bank accounts.

We will determine when the law provides for the search for a child, a debtor or his property. The procedure for implementing a judicial act is regulated by Federal Law No. 229 of October 2, 2007. Article 65 defines the grounds for the use of investigative measures:

  • The defaulter refuses to give explanations at the request of the bailiff.
  • The defendant violated the law and failed to pay the appropriate fine.
  • The fulfillment of alimony obligations has been stopped or is being repaid in insignificant installments.
  • The parent took the child out by illegal means and is hiding him from his family in an unknown place.
  • Serious harm was caused to the life, health, and property of other individuals.

The specific grounds for declaring a citizen on the wanted list are determined directly by the representative of the Federal Bailiff Service in accordance with legislative regulations. Operational search activities should be preceded by work to determine the place of residence and location of an individual, interviews with close relatives, acquaintances, and work colleagues.

At the initial stage of enforcement proceedings, a search is made for the debtor and his assets

Only if these actions do not bring the desired result, the bailiff goes to extreme measures and puts the defendant on the wanted list. The search for the defaulter is carried out throughout the country, if necessary, even beyond its borders.

Sample application to search for a debtor and his property

An application to search for the debtor's property may be filed by the claimant. It is transferred to the bailiff conducting the proceedings. A positive decision is made on the application in the following cases:

  1. the amount of debt exceeds 10,000 rubles;
  2. if the debt is a non-property claim, the fulfillment of which is impossible without the debtor (for example, to publish a refutation of information discrediting the honor of the plaintiff);
  3. recovery of alimony, damage to health and life, and the like (regardless of the amount of recovery).

How to properly submit an application to search for a debtor to the bailiff.

Before submitting an application, the claimant gets acquainted with the application materials. production in the bailiff service. For this purpose, a request for familiarization is written to the bailiff. It can also be written by a representative of the claimant by proxy.

Next, you need to analyze whether all possible actions were carried out by the bailiff (requests, making inquiries, making arrests, calling the debtor, visiting known registration addresses, etc.).

If the work has been completed in full and there is nothing to collect or there is no trace of the debtor, then the claimant draws up a search statement and submits it to the bailiff (or to the office of the SSP department).

A sample application to search for a debtor is as follows.

To the bailiff of the ROSP Leninsky district of the Sverdlovsk region from Olga Petrovna Rezanova, address: 456788, Ekaterinburg, st. Lenina, 90, apt. 134, Tel. 8-907-789-66-78 within the framework of enforcement proceedings No. 56456/876/2019

Application to search for a debtor

The ROSP of the Leninsky District of Yekaterinburg is in the process of enforcement proceedings No. 56456/876/2019, initiated on 09/12/2019 on the basis of a court order of the magistrate of the judicial district No. 5 of the Leninsky District of Yekaterinburg dated 08/10/2019 on the recovery of alimony for maintenance a minor child from the debtor, Oleg Viktorovich Rezanov.

Despite numerous requests to the address bureau, registration services and commercial banks about the presence of property in his property, open accounts, cash receipts and his place of residence, until now the location of Oleg Viktorovich Rezanov, born 12/09/1978. and his assets have not been established.

In accordance with Part 1, Part 3 of Art. 65 of the Law on Enforcement Proceedings, in the event that the taken enforcement actions failed to establish the location of the debtor or his property, in response to demands for the collection of alimony, the bailiff, independently or at the request of the claimant, announces a search for the debtor or his property.

Based on the above, guided by art. 50, 65 of the Federal Law “On Enforcement Proceedings” No. 229-FZ,

I beg:

  1. Announce Oleg Viktorovich Rezanov, born 12/09/1978. wanted as part of enforcement proceedings No. 56456/876/2019.

We invite you to familiarize yourself with: The defendant’s speech in his defense: assistance from a lawyer ||
How to record a lawyer’s speech in court and attach it to the case Olga Petrovna Rezanova ______________ 12/10/2019

Based on the results of consideration of the application for search, the bailiff must, within three days, issue a decision to announce a search, indicating the period of search, or to refuse. If a child is wanted, the period is reduced to 1 day.

When searching for FSSP debtors, the claimant has the right to submit an application to suspend enforcement proceedings.

The OSP of the Bureysky district is in the process of enforcement proceedings No. 83868/221/2015, initiated on 10/09/2015 in accordance with the executive document: court order of the magistrate of the Bureysky judicial district dated 09/30/2015 on the collection of child support from the debtor, Kerimov Stanislav Efimovich.

Based on the results of consideration of the application, the bailiff will issue a decision: within 24 hours - on refusal, within 3 days - on declaring a search. The refusal can be protested by filing a complaint against the actions of the bailiff in accordance with the Code of Administrative Procedure.

Initiator of the procedure

The FSSP civil servant has the authority to put the debtor on the wanted list on his own initiative during the proceedings. The creditor, directly the court, has the right to demand a forced determination of the location of the defaulter.

The process involves numerous bureaucratic costs, requires adherence to a clear plan, and the preparation of a large number of supporting documents. For legal entities and individuals, a certain list of grounds applies when a search becomes a forced measure:

  • The plaintiff's demands are of a non-property nature, regardless of value, and cannot be fulfilled without the personal presence of the defendant.
  • The material, monetary claim exceeds ten thousand rubles, the payer avoids paying off the arrears by all means.

The contractor begins the procedure for finding the defendant at the request of the claimant no later than three days from the date of registration of the document by the office of the service. The search for the child is organized throughout the day. Based on the results of consideration of the application, the civil servant makes a decision. The document must contain the following mandatory details:

  • Date and place of birth of the wanted person.
  • Address of permanent and temporary residence according to the latest official data.
  • Name and contact information about the employer.
  • Methodology for determining the amount of debt.
  • Information about the claimant, telephone number for contact.

The search for the debtor is carried out by the bailiff service

The form is submitted for approval and approval to the senior authorized person at the FSSP, and then accepted for immediate execution. The plaintiff is sent a copy of the document, the debtor will receive the paper at his last known address.

How the debtor's property is searched by bailiffs

The provisions of Federal Law No. 229 on enforcement proceedings, namely Article 65, states: if there is no information about the location of the person who is the debtor or his property, the bailiff carrying out enforcement proceedings has the right to announce a search for this person and his property.

  • search in accordance with a writ of execution of a non-property nature in the event that fulfilling the requirements of the writ of execution is not possible without the presence of the debtor;
  • search under a writ of execution that establishes non-property claims, if execution is impossible without the debtor, and the amount of claims against the person who is the debtor exceeds 10 thousand rubles;
  • search for property according to a writ of execution (documents) with a property nature when demanding an amount exceeding 10 thousand rubles.
  • about the debtor’s possession of a vehicle and its model;
  • about the debtor’s real estate, its type, address and number of objects;
  • about the debtor’s bank accounts, the name of the bank and the amount of funds;
  • about the debtor’s ownership of shares, shares of various companies and the status of the owner of the enterprise.
  • organizing and carrying out search activities;
  • ensuring the costs of carrying out the investigation;
  • conducting search cases;
  • exercising control functions over the implementation of powers in the search process;
  • appealing against actions or inaction of officials during the implementation of the state search function.

Registration of an appeal

The lender has the right to demand that the borrower be searched at the stage of legal proceedings. Most often, this initiative comes from the creditor if there is a real threat of violation of legal rights, loss of property and evasion of responsibility by the guilty party in enforcement proceedings.

The form can be drawn up personally by the claimant or his authorized representative. The document is drawn up and sent by mail or through your personal account on the official website of the FSSP, State Services service. When submitting a document on paper, it is recommended to make two copies. We list the main points that need to be reflected in the application:

  • Name of the territorial body of bailiffs.
  • Position, initials of the performer, who is intended to perform the appeal.
  • Information about the parties to the relationship.
  • Name of the form.
  • Brief information on the essence of the proceedings with reference to the court order.
  • Statement of information about payments made, deadlines for termination of execution of court requirements, reasons, if they can be determined.
  • Expected measures, description of requirements.
  • List of applications.

The form is accompanied by a copy of the resolution to initiate enforcement proceedings and a document conferring powers on the representative. Additionally, the applicant can provide a photo of the debtor, account statements for alimony payments, and other documents that allow a unanimous decision to be made on the search. For example, testimony about the perpetrator’s cruel treatment of a kidnapped child.

When submitting a search application, it is important to draw it up correctly

The bailiff does not have the right to refuse the applicant’s request to find the debtor if there are typos or errors on the paper that do not affect the essence of the appeal. The form can be drawn up in any form, and any additions can be made in a separate application or by providing copies of supporting documents.

Applications of the legal instrument

The search for debtors by bailiffs begins from the moment the resolution is issued and approved by management. The requirements for the preparation of this document are presented in Art. 33 Federal Law No. 229 and are subject to mandatory execution.

The activity is carried out in two main areas: identifying the location of the offender and calculating the sources of debt repayment. All information received is subject to reflection in a unified database of enforcement proceedings.

A significant portion of the information is presented in the public domain; anyone can familiarize themselves with it. This picture has a negative impact on the life and activities of the debtor. The event is most effective in relation to legal entities, since public disclosure of debt obligations leads to deterioration of business reputation, loss of clients and the risk of ruin and bankruptcy.

The register table contains the following information:

  • Date and number of the writ of execution, proceedings.
  • Full name for an individual.
  • Name for organizations, manager contact.
  • Contact information about the contractor and the location of the territorial division of the FSSP.
  • Details of the search form.

Anyone can gain access to many information about the debtor

Who initiates the search

The bailiff has the right to announce a search on his own initiative when the enforcement case has already been initiated. The claimant and the court also have the right to claim. In the search process, you have to overcome various bureaucratic costs, stick to a plan, and fill out a lot of documents.

The claimant may demand that the debtor be put on the enforcement wanted list if one of the following grounds exists:

  • If the plaintiff’s demands are of a non-property nature (regardless of value) and cannot be fulfilled without the presence of the debtor.
  • If the collection exceeds the amount of 10,000 rubles, and the debtor evades payment in various ways.

The bailiff is obliged to begin search activities within three days from the moment the application is received by the service. If it is necessary to find a child, then the execution must be organized within 24 hours. After considering it, the bailiff makes an appropriate decision. The document must contain the following information:

  • Date and place of birth of the debtor.
  • Address of permanent and temporary registration (official as well as actual place of residence).
  • Company name - employer and contacts.
  • Method for determining the amount of debt.
  • Information about the collector, including contact information.

The senior commissioner approves the resolution, after which its execution begins. The claimant receives a copy of the document. It is also sent to the debtor at his last known residential address.

Course of the procedure

Bailiffs are empowered by the state and the court to send requests to any competent authorities:

  • Financial and credit institutions.
  • Police, traffic police, FMS.
  • Tax Inspectorate, Social Insurance Fund, Pension Fund.
  • Local authorities, administration, mayor's office.
  • Rosreestr.
  • Housing and communal services, etc.

All information received in response will help the contractor determine the potential location of the defaulter, establish the level of official income, and the reasons for evading legal requirements. In some cases, a hiding violator will be brought not only to administrative, but also to criminal liability. The latter option will be put into effect if there is irrefutable evidence of malicious intent in the actions of the wanted person.

The general search regulations consist of the following stages:

  1. Drawing up an event plan.
  2. Distribution of requests to federal, commercial structures and services.
  3. Documentation support.
  4. Direct actions to search for property, an individual, a company.
  5. Distribution of obligations between members of the operational group and subordinates.
  6. Control and analysis.
  7. Filing complaints and petitions to challenge the actions of event participants.

To find a debtor, bailiffs can send requests to various authorities

The current legislation does not regulate a strict procedure for investigative work, therefore a specific plan is determined by a civil servant based on the totality of the circumstances of the case. It is necessary to provide for all possible nuances, factors, and features of a specific situation.

The only requirement for the event is not to affect the constitutional rights and freedoms of citizens, avoid the use of physical force whenever possible, and exclude violence. The bailiff can visit the violator’s last place of residence, inspect real estate, property, and conduct interviews with relatives, colleagues, and spouses.

In practice, in exceptional cases, not only government organizations, but also private investigation agencies and detectives are involved in the procedure. It is important to understand that additional costs for the services of commercial companies will indirectly increase the amount of the defendant’s debt. Initially, the costs are borne by the plaintiff, but the court does not prohibit filing a new claim to compensate for these payments.

The risk for unauthorized activities, violation of these regulations by involved individuals and organizations falls on the contractor. The possibility of using information obtained through private investigation in the course of a search case is confirmed by the written consent of the victim. Additional assistance in finding detained children is provided by advertisements in the media.

Ways to hide property

Some defaulters categorically resist the sale of seized property in order to repay debts. They try to hide property from bailiffs using various tricks:

  • alienation of real estate and other assets in favor of affiliates;
  • changing of the living place;
  • change of first and last name;
  • property division;
  • conclusion of a marriage contract;
  • other ways.

Sometimes the use of these methods turns out to be effective and the debtor manages to retain property. But we should not forget about administrative and criminal liability for intentional obstruction of enforcement proceedings, malicious evasion of alimony payments, concealment of property and untimely notification of a change of place of residence.

In general, the search procedure is an effective tool for protecting the interests of creditors. It is best for the debtor to contact the bailiffs in time and decide on a debt settlement scheme. It is important to try to fulfill obligations faster and get rid of debt.

Rejection of the applicant's application

The executor has the right to refuse to satisfy the claimant's demands for discovery of the defendant and his property. For example, the proceedings have just begun, not all possible measures and actions have been applied, and the plaintiff is already initiating a search for the defaulter.

If the bailiff’s decision has no justification, really violates the applicant’s rights and actually serves as an obstacle to repaying the debt, or entails negative consequences, you can submit a written complaint to the prosecutor’s office, the court, or the immediate management of the civil servant.

In some cases, the applicant may be refused to search for the debtor

In the petition to the inspection authorities, it is necessary to indicate all the information about the progress of the case, the actions of the performer, and the reason for the refusal. The addressee of the complaint will look for a violation in the work of the executor of the judicial act. If the inspection reveals a real violation of the FSSP employee, he will be held accountable by imposing sanctions, disciplinary action, or removal from the case.

The debtor was found

If the violator is found in the territory excluded from the bailiff’s department, even while staying abroad, the bailiff has the right to file a petition addressed to management to transfer the case to another unit or to expand his powers. It is allowed to forward the defaulter to the FSSP unit for the immediate implementation of enforcement actions prescribed by the court.

All property, assets, and funds identified during operational-search activities are subject to foreclosure in the order established by law. It is important to determine not only the debtor’s property, but also the property that he managed and disposed of in the near future. It is likely that there was a fact of alienation, donation. Therefore, the civil servant properly checks the property history of the violator.

The completion of search activities is carried out by a written decision of the bailiff. Action is possible in the following cases:

  • The location of the wanted person has been established.
  • Property and other assets have been identified.
  • The claimant protested the search.
  • Fraud on the part of the plaintiff was detected.
  • The bankruptcy procedure has been launched.
  • The debt is paid off, the need to search has disappeared.
  • The event plan has been fully implemented, etc.

Once the debtor is found, his property can be sold to pay off debts

A found minor child is subject to transfer to the second parent, official guardian or social protection authorities, guardianship. The relocation of a minor from abroad is carried out in cooperation with the consulate and guardianship authorities.

If, in enforcement proceedings, the search for the property of the debtor for alimony payments throughout the year does not bring results, the bailiff informs the claimant about this. The wife has the opportunity to file a lawsuit demanding that the citizen be declared missing or absent.

In enforcement proceedings, the period of action and search for the debtor is limited to two months. An extension of no more than sixty days is permissible for compelling reasons.

Article 65

2) the debtor under executive documents of a property nature, if fulfillment of the requirements of the executive document is impossible in the absence of the debtor and the amount of claims under the executive document (executive documents) in relation to the debtor exceeds 10,000 rubles;

14. If a child is found for whom a search has been announced, the bailiff carrying out the search immediately notifies the guardianship and trusteeship authorities at the place where the child was found and takes measures to transfer the child to the legal representative, guardian or trustee to whom the child should be transferred in accordance with the requirements of the executive document.

If it is impossible to immediately transfer the child to the specified legal representative, guardian or trustee, the bailiff transfers the child to the guardianship and trusteeship authorities at the place where the child is found, of which he immediately notifies the specified legal representative, guardian or trustee.

If a child is found for whom a search has been declared under an executive document containing a requirement for the return of a child illegally moved to the Russian Federation or detained in the Russian Federation or for the exercise of access rights in relation to such a child on the basis of an international treaty of the Russian Federation, the bailiff carrying out search, immediately reports this to the guardianship and trusteeship authorities at the place where the child was found and to the central authority appointed in the Russian Federation in order to ensure the fulfillment of obligations under the international treaty of the Russian Federation.

We invite you to read: Advice from a lawyer on familiarizing the accused with the materials of the criminal case in accordance with Article 217 of the Code of Criminal Procedure of the Russian Federation || Familiarization with the materials of the criminal case with the indictment

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