One rule for all bailiffs who come to your home

Author: Ivan Alexandrovich

8.11.17

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Hi all. Today I decided to write an article dedicated to notices and challenges in enforcement proceedings. I want to say right away that if I have not covered any question that concerns you in the article, then you can always ask it in the comments below the text. We will definitely answer all your questions and comments. If you find yourself in a difficult situation and enter into an unequal struggle with bailiffs, it will not be a bad idea to learn about all the nuances of the work of this service.

I served for a long time in the state civil service in this government body. I would like to immediately say that the improper organization of work by the management of their subordinates and the meager salaries affect the quality of execution of court decisions. Young and inexperienced employees (usually yesterday's students) come to work and are faced with a large amount of work. As a result, they don’t stay long. Unfortunately, most bailiffs are poorly qualified. They sometimes don’t know which rule of law to apply.

Many debtors are concerned about the question: what to do if the bailiff calls and is it worth appearing on the subpoena? A small digression. What to do if you don’t know why you are being called? The first thing you need to start with is to check your debt on the FSSP website. On the website of the district courts in the section “judicial records” you can find out information about the civil case. Information about the plaintiff and defendant will become available to you. Information posted on these publicly available resources will help determine the nature of the debt. The above recommendations will help you prepare for communication with the bailiff.

The bailiff calls for an appointment, what should I do?

But first, let's figure out what law regulates the mechanism for notifying the parties. You don't need to go far. We look at Chapter 4 of the Federal Law “On Enforcement Proceedings”. But re-reading the article is not our strong point. Our task is to tell how the law works in practice. Let's look at the following issues in more detail:

How the bailiff delivers and serves subpoenas and notices to the parties;
Consequences of changing address during enforcement proceedings;
Consequences of ignoring a summons from the executor and failure to appear before the bailiff at his request.

To interact with the debtor or collector, the bailiff uses well-known methods of communication. Summons, telephone message, telegram. If the bailiff has chosen the method of communicating with the party to the proceedings by summons, it must be issued with a notice of delivery.

Also, the bailiff is not prohibited from notifying the parties with the participation of the person entrusted with delivering the summons. For example, through a close relative or the head of the organization in which the person works. The bailiff is obliged to notify the persons participating in the enforcement proceedings about the actions planned to be carried out. The obligation is directly enshrined in Article 24 of the law in question. However, if the matter does not require delay, then he may not notify the parties. For example, the law includes the execution by the bailiff of interim measures taken by the court in a civil case as such grounds. Interim measures are imposed by the court to prevent the alienation of property. In anticipation of trial, the defendant may attempt to hide assets.

The question arises, where should the contractor send notices? By place of residence or registration? The official, when executing a writ of execution, should not and is not obliged to know where the debtor lives. And whether the place of actual residence coincides with the place of registration does not matter. Summons, notices, copies of decisions will be sent to the address specified in the executive document.

This does not mean that having changed registration or residence, a party to enforcement proceedings will not be able to receive notifications. It is enough to contact the bailiff with a statement. Please indicate your actual residential address. By the way, this is not only your right, but also your responsibility. The law obliges the debtor to provide up-to-date information to the bailiff in case of a change of residence. This obligation is provided so that the bailiff can promptly notify the parties to enforcement proceedings about enforcement actions.

How to postpone the performer's visit

The best way is to deposit a significant amount to pay off the debt, then notify the bailiff by phone and ask for a deferment of the debt. Please indicate compelling circumstances. These include:

The presence of minor children, close sick relatives, and other dependent persons.
Low wages.
Loss of a job.
Serious illness, disability, need for treatment costs.

By paying off parts of the debt every month, you will avoid a visit from representatives of the judicial system.

Read further:

Is it possible not to open the door to bailiffs?

Can bailiffs open an apartment without the owner?

When can bailiffs come if you don’t pay your loan?

What property can bailiffs seize for non-payment of a loan?

How to avoid seizure of property by bailiffs

How to remove a seizure from real estate imposed by a bailiff

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to “Why shouldn’t you ignore the bailiff?”

Eldar
:
11/12/2017 at 21:16
Hello. There was an accident in 2020, I was found guilty, and according to the court I have to pay money, about 250 thousand rubles. There were several trials and I lost all the trials and on appeal. The court issued a writ of execution and a case was initiated. Now some people called and introduced themselves as bailiffs. They told me to come to the department to give an explanation. I’m not against this, but any day now I need to go to Kazakhstan and I won’t be able to show up. Question: Will they impose a restriction on leaving because I didn’t show up? What to do?
Answer
Irina
:
12/13/2017 at 21:29
Hello, the bailiff calls for an appointment by phone. I'm afraid and don't know what to do. If I don't show up, can they come to work (I work as an accountant). I have accumulated a small loan debt, only 150 thousand rubles. I planned to quickly close the debt, but the matter went to court. I have a friend, he has been in enforcement proceedings for 1.5 years, I asked if he knew why they were bothering me, he said that they might require an explanation. What awaits me at the bailiff?
Answer
Read also: Probusinessbank can sue if it starts paying
Denis
:
01/26/2018 at 09:56
Hello! I am responsible for the execution of the court: to restore the heating and water supply system at my own expense, to bring apartment No. 1 to its original gas condition. I cannot fulfill it, I am not the owner of the premises, I am not registered there. Gazprom refuses to connect old equipment, citing the fact that it is not certified, and neither do firefighters. The situation is very difficult, 4 years of trials. The bailiffs oblige me to comply, forcibly. The court has already ordered the bailiffs to do it for me. They don't do it either. They call me every time and demand why I don’t comply with the acts from Gazprom, the acts from the firefighters. I don't know how to cancel this matter. In fact, the bailiffs must write the claim to the court for review or cancellation. help as much as you can.
Answer
Elena
:
02/19/2018 at 22:48
I'm owed alimony, the bailiff wrote a report and sent it to the court about non-payment of alimony, I couldn't go to court, today the bailiff called and said that I'll probably need to come to court on Wednesday, but my child is sick, I don't have to go, will there be a certificate?
Answer
Alexander
:
03/15/2018 at 09:36
Good afternoon. Last year 2020, the bailiff handed me a schedule for visiting the bailiff once a month. Came twice a month. The bailiff verbally said that there was no need to come anymore, and in February, 02/28/2018, she issued me 10 orders for not visiting. Filed a complaint with a higher authority. Tomorrow they call for a review (they invited me by phone), tell me what to do?
Answer
Tatiana
:
04/09/2018 at 10:36
Hello! I had a debt for heating in an apartment where I do not live and am not registered. In September 2020, the court decided to collect the debt. As soon as I found out about this, I immediately paid off the entire debt. And only six months later a letter came from the bailiffs that they had begun enforcement proceedings. I immediately came to them, provided payment receipts, and they made copies of them! And now, two months after this, my bank accounts are seized and all the money is withdrawn from them. Moreover, all the letters from the court and from the bailiffs came to the address of that same apartment, and not to the place of my registration. I only found out about this thanks to the postwoman, who knows where my relatives live and gave letters to them. I myself live and am registered in another city. Please tell me, do I have the right to complain to higher authorities about the improper work of the bailiffs and the violation of the notification procedure? Thank you!
Answer
Lyudmila
:
04/28/2018 at 15:02
Hello, tell me what to do. They started calling me from one large bank and saying that I had a debt. I took out a loan once and a very long time ago, back in 2007, and I paid everything off and that’s it, but I didn’t take out a certificate. After the call, I decided to get a certificate about the balance of the debt and it turned out that I had not paid the last payment of 90 rubles and interest began to accrue on it. I had a payment schedule until 2010. But I closed it early. The certificate of debt balance indicates a debt of 22,500 rubles (accumulated since 2007). I don’t agree with this state of affairs, what should I do?
Answer
Novel
:
05/22/2018 at 10:49
Hello. I have such a situation, my ex-wife filed for alimony but we continue to live together. Now the court is calling me. bailiff for non-payment of alimony, tell me what to do. Thank you in advance.
Answer
Olga
:
05/23/2018 at 11:19
Hello. Our apartment owners are parents who live in another city. We have a small debt for utilities. The parents received a summons for enforcement proceedings. If I pay the debt now, will the money be debited from my parents’ accounts? And do I need to go to a meeting with the bailiff or is it enough to notify by phone that my parents are in another city? What is the procedure?
Answer
Victoria
:
05/28/2018 at 15:14
Good afternoon Here’s the problem: my husband had an accident while driving a truck (he was working officially). The husband is the culprit of the accident (he completely restored the car) at the expense of the organization and the director! The director did something cunning and made it seem like the husband had borrowed money from him for full restoration! Although, as I know, half should be paid by the state or the director (but this was not the case)! Now the husband owes 120,000 thousand rubles. The husband asked the director to work off this money, but the director said no and fired him from his job! My husband was unemployed for half a year, now he is not officially working and earns 10 thousand a month! What to do? He is summoned to court.
Answer
Victoria
:
10/06/2018 at 08:17
In 2020, the court decided to pay 50,000. For damage to someone else's property. I didn't pay. The amount remains the same today. I got married and moved to another city. The bailiff called me and said that if I don’t come to the bailiffs at my place of residence, they will put me on the list of missing persons. I will prove my existence when I restore my status. I don’t work in the new city yet; I’m a single mother. I'm afraid to go to them. I will not be able to pay the entire amount at once. What to do?
Answer
Anna
:
10/06/2018 at 19:47
Hello! I received a summons to the bailiff, now I don’t know what to do. The summons states that a case of enforcement proceedings has been initiated and the date of birth is not mine at all, but my husband’s. He took out a loan, but they call me, now I don’t know what to do. And the amount is quite large, almost 500,000 rubles. What should I do?
Answer
Anna
:
10/07/2018 at 00:22
Hello! The summons to the bailiff arrived without a seal or stamp and my date of birth was not indicated. What to do?
Answer
Ksenia
:
05/29/2019 at 12:10
Hello, this is the situation, I have a debt of 200 thousand in alimony, I had a trial in December 2020, at the trial I was sentenced to 120 hours of compulsory work, and payment for the elements. And in January 1919 and to this day I am on a business trip in Moscow. I don't officially work. What do i do? Will they be able to close me down and I will work the hours and are categorically against how and what to do?
Answer

When the deadline is not taken into account

Time is not taken into account:

Determining the responsible employee to perform the work, as well as drawing up a report on the results.
Period of temporary suspension of the confiscation process.
Termination of proceedings for an indefinite period.
Business days when property was transferred for auction sale or funds.
Chronological scope of the installment payment plan.
Debtor search.
The time spent by the defendant going to court to clarify all the circumstances of the case.

These exceptions to the main period will not prevent the bailiffs from seizing the debtor's property.

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Secondly, often the bailiff says that he will come and take everything. But this is a bluff, since the law clearly states what can be taken away and what cannot. Often, using his powers, the bailiff takes more than what is indicated in the description of the property. Where the rest of the things go is unknown. The document with the inventory of property must be studied. Found a typo? Current materials are available in the Rusbase Telegram channel. Close Categories. Social media. Archive rb. What to do if bailiffs come to you.

Court bailiffs must warn about their visit

Article 80 of Federal Law No. 229 establishes the rules and procedure for seizing the property of individuals. Thus, an inventory of the debtor’s property is carried out by bailiffs in the presence of at least two witnesses, the owner or his representative and the person to whom the property is transferred for storage (if necessary).

The visit of the bailiffs may be unexpected for the debtor. No, the bailiff may not warn you about the visit. The bailiff can come to the debtor's apartment and describe the property located there. Good afternoon. Article 80 of the Law on Enforcement Proceedings does NOT impose such an obligation on the bailiff.

Summary:

Unfortunately, there is a gap in the law here and the list stipulates only very general requirements for the debtor’s property, everything else remains on the conscience of the bailiff. So, for example, a washing machine, a computer and a cell phone will probably be classified as luxury goods and described; the same applies to personal items, for example, a fur coat.

Is it possible not to allow bailiffs into the house while performing their official duties?

A copy of the resolution is sent to the debtor by registered mail with return notification or simple registered mail , which is kept at the post office for 30 days. If the recipient does not receive it, it is sent back.

The law allows the debtor to voluntarily fulfill his obligations after a court decision without the use of coercive measures. The bailiff, having in hand a writ of execution, sets a deadline for the citizen to voluntarily fulfill the requirements specified in the resolution on the initiation of enforcement proceedings.

How to behave with representatives of the FSSP

Here are some recommendations that will help you reschedule this meeting with minimal losses and preserve your property:

Try to pay alimony regularly, since malicious refusal may result in criminal prosecution.
It is not allowed to damage or destroy property that has already been seized or sell it to another person.
You should not actively prevent representatives of the law from entering your home if they have documents. After this, it will be more difficult to negotiate with the bailiff, and a broken door will become an additional problem.
Try to maintain an even and polite tone of communication, provide evidence that you cannot pay off the debt immediately in a lump sum, write an application for installment plan.
Please check in advance when the representative plans to visit you. Ask the question correctly, say that you are rarely at home, so it is best to call in advance before visiting. After this, you can prepare for the arrival of the executors, hide valuable property or temporarily transfer it to relatives.
Cash out all funds in bank accounts in advance: since bailiffs do not have the right to search, they will not look for banknotes on another person or under your mattress.

Often even representatives of the law commit violations. Please be aware of the following errors:

Violations of deadlines for sending decisions (in most cases they must be sent to the defendant the next day after issuance).
Refusal to explain the requirements and norms of the law.
Illegal debiting of money from a card if automatic deductions are already being made.
Seizure of property that is prohibited from being seized.
Refusal to return amounts that were withheld illegally.

If there are such violations, you can write a complaint to a higher representative or file a statement of claim in court.

Thus, when the bailiff comes, it is enough to behave politely and, if possible, hide the valuables. To avoid a visit, pay off your debt on time or agree on an installment plan that is feasible for you.

One rule for all bailiffs who come to your home

Of course, the bailiffs will almost threaten you with execution - that they will open a criminal case against you, you will face an administrative fine, they will break down your doors and many more scares - I will try to sort them out in a separate article. But what scares and worries you most is that they can break down the door. I'll tell you why they won't do it. Yes because it is very difficult. Very.

If the bailiff came to the wrong address - that is, the debtor is not in this premises and he is not registered (when you managed to check out) - you don’t have to open it and don’t explain anything at all, except that Vasya Pupkin is not registered here (if you say “ does not live” - there will be misunderstanding, and if you say “not registered” - everything is clear and the bailiffs will leave).

The bailiff did not notify the debtor about the initiation of enforcement proceedings

The Federal Bailiff Service explains: it is assumed that in the apartment where the debtor lives, he can own any things. Based on this, the bailiffs begin to describe any property located in the housing that can be subject to foreclosure. In such a situation, the relatives of the debtor and other residents, in order to defend the rights to their own things, need to apply to the court with a claim to release the property from seizure or exclude it from the inventory (Article 119 of the Law “On Enforcement Proceedings”). In this case, you will have to prove the ownership of things: with the help of receipts, contracts, witness statements, etc.

Should bailiffs warn about a visit?

Bailiffs withdrew money from your card So, if bailiffs withdrew money from your card, you need to contact a credit institution. The funds could be written off by the bank itself to repay a loan or other debt for services. If representatives of a credit institution report that the funds were written off at the direction of the FSSP, then it is necessary to identify the cause of the debt. How to find out why? How to find out why the bailiffs withdrew money from the card? To do this, you must personally contact the territorial division of the FSSP. You must take your passport with you. Bailiffs will check the enforcement proceedings and explain the reason for the debt. Another way is to check online using a data bank. In this situation, there is no need to appear at the FSSP. It is enough to have access to the Internet.