Sample letter to bailiffs about the absence of an employee

Who and in what cases must notify the bailiffs about the debtor’s dismissal?

The most common case is when the bailiff is informed about the dismissal of the alimony debtor. In addition to alimony, there are other cases, in other cases, when it is necessary to file an appeal for the collection of wages and repayment of debts. In these situations, a special resolution must be sent to the debtor's employer.

An employer can dismiss a debtor for various reasons, and when this happens, it is necessary to send a notification to the FSSP within three days that this has happened.

Why is such a letter written?

One of the responsibilities of any employer is to monitor the persons who work at his enterprise, and must regularly transfer funds to pay off debts, on the following grounds:

Performance list;
Order of a judicial authority;
Alimony agreements for payments.

The responsibilities of the accounting department of the company where such a person works include withholding and transferring from wages on an ongoing basis the amount that is recorded in the documentation of such a plan.

If a company employee is fired by the employer, the employer is obliged to inform the bailiff about this.

In a situation where an employer has received a document about a court decision on the fact of enforcement proceedings against his employee, he must take the following steps:

Give an answer in any form about receiving a paper of a similar plan.
Register the court document in a journal and appoint someone responsible for the safety of the documentation.

Below is a list of reasons why an employer is required to return a document:

In the case where the document was drawn up for an employee, but he was fired a long time ago. In the covering letter, indicate the reason for returning the document - dismissal of the employee.
In a situation where the requirements stated in the document have already been met.

The return of the writ of execution is also recorded in the journal.

What is the liability if you do not send a notice?

If the notification is not sent or is sent within the deadlines, administrative liability or a fine may be imposed. When a debtor is dismissed, the bailiff must be notified of this.

How does a package of documents get to the bailiffs and the bank?

Most often, the package of collected documents is delivered to the bailiff service and the bank by the debtor independently.

It should be noted that the debtor must have a second package of executed documents and notification of receipt of these documents by the bailiff service.

In the event that documents are issued by postal order, it is necessary to issue this by registered mail with mandatory notification and deadline. You can also create an inventory of attached documents.

It should be noted that the letter form that will be sent to the bailiffs can be found on the Internet.

3 ways to get a free legal consultation 01

-consultant in online chat bottom right

Free call 8 (free consultation in Russia)

Request a call back (bottom left button), a lawyer will call you back in 10 minutes

Free consultation with a lawyer for bailiffs Prices for lawyer services for bailiffs

Dispatch procedure and timing

To send a document, you need to know the deadlines and procedures. The deadlines are different and it depends on who the citizen owes and for what. If there is a debt to a banking organization, the resolution should be sent as soon as possible after the dismissal has occurred, but specific deadlines have not been established. If a company employee makes deductions for alimony, you should be guided by the Family Code of the Russian Federation, which sets a period of 3 working days.

Meeting deadlines is not a mere formality. The bailiff must receive notice of the employee's dismissal. Otherwise you will face a fine. For an individual this is an amount of 2,500 rubles, and for companies from 50 to 100 thousand rubles.

How to properly write a notice of dismissal

How to write a letter to bailiffs about the dismissal of a debtor? Let's look at an example of correct design.

Like the main part of the documents, this paper must also contain three parts: introductory, main and conclusion.

The introduction contains the following information:

Company details;
Appeal to the bailiffs leading the case;
Details of the recipient of alimony payments;
Number of the paper and date of its signing;
Document's name.

The main part is the argument. The reason for sending the document is indicated - the dismissal of the employee. Link to the paper obliging payment and to the letter from the bailiff.

After this data indicate full name. employee, position, date of dismissal and place of residence. And also the date of the last calculation.

Compilation rules

Federal Law No. 229 does not contain a form for notification of debt repayment under a writ of execution. The responsibility to monitor the execution of the court decision lies entirely with the bailiff. Often, for one reason or another (usually due to negligence), an official does not monitor the timing of debt repayment. As a result, the debtor himself has to remind the bailiff that he is clean before the law and the debtor. Demand the return of the writ of execution, the lifting of restrictions in the form of seizure of property or travel abroad.

The form of such a return letter is arbitrary. It may be typed or handwritten. A prerequisite is compliance with the requirements for business correspondence. The letter should contain:

name of the FSSP body to which it is addressed;
surname and class rank of the bailiff who initiated enforcement proceedings;
Applicant’s full name, address and contact details (phone number, email);
the essence of the petition;
copies of documents confirming the execution of the court decision;
certificate from the accounting department;
date of;
personal signature.

If the application is drawn up on behalf of the legal entity in which the debtor works or worked, then the accounting employee composing the letter indicates:

number and date of issue of the sheet (settlement agreement);
the grounds and date of dismissal of the debtor employee;
if known, a new place of work;
if the debt is not repaid in full - data on the collection of funds provided by law as of the date of dismissal and the amount of the remaining debt.

Copies of the following are attached to the return application:

executive document;
dismissal order;

Obligation to return the writ of execution

In addition to return due to the fulfillment of an obligation (full repayment of the debt), it is provided for in Art. 46 Federal Law No. 229 in several more cases:

at the request of the claimant;
if it is impossible to fulfill the requirement of the writ of execution;
if the location of the debtor has not been established;
in the absence of property on which foreclosure can be imposed;
if the claimant refuses to accept the property to pay off the debt;
if the claimant opposes the bailiff;
in case of deportation of a debtor – a citizen of a foreign state – from the Russian Federation.

The return does not prevent the same document from being re-applied for collection in cases where the circumstances preventing the execution cease, but the statute of limitations has not expired (3 years).

How to respond to bailiffs if there is no such employee

STATE UNITARY ENTERPRISE OF THE CITY OF MOSCOW

No.______ dated “____”_____ 20____

Lefortovo Department of Bailiffs

Office of the Federal Bailiff Service of Russia in Moscow

109377,

Moscow, st. Zelenodolskaya, 8/13

(employment order No. 116/2 hp dated 09/02/2009).

On 10/30/2009, the fixed-term employment contract was terminated at the initiative of the employee (at his own request) (dismissal order No. 143 l.s.

Thus, make deductions from the wages of P.V. Yudin.

not possible.

Employment order No. 116/2 hp.

If after studying this article you still have additional questions, ask them to the site’s on-duty lawyer.

Notification to bailiffs about the debtor's dismissal (15.0 KiB, 2,002 hits)

The employment contract was terminated at the initiative of the employee on April 31, 2019, the new place of work of Igor Sergeevich Sementsev is not known.

We return the writ of execution of the FS series No. 14684651468, issued by the magistrate of the judicial district No. 3 of the Oktyabrsky district of Stavropol on May 19, 2014.

What does "immediately" mean? Family Code of the Russian Federation in Art. 111 establishes the maximum period for sending notice of the dismissal of an alimony debtor - 3 days.

In other cases of retention, by analogy, the same period is usually applied.

In general, the document is drawn up in free form. On the letterhead of an organization or individual entrepreneur.

In addition to notifying the bailiff about the dismissal of the debtor, the employer is obliged to send information about the amount of deductions under the writ of execution made from the time of its receipt, certified by a seal.

The notification is being sent... #9[119688] January 14, 2010, 16:53 The fact that the employee quit is already the second question. And the first one indicated the organization incorrectly. In general, if you want to conduct a search with them, then write about the incorrect name of the organization, and if you want them to fall behind, then write that he was fired on that date. But I would not attach the order. I want to draw the moderator's attention to this message because: A notification is being sent...

The basis for preparing the letter is the dismissal order, a copy of which must also be attached to the letter as an accompanying document. Should the SSP always be notified? Pay attention first of all to the text of the resolution.

A classic example is alimony, when one of the former spouses is obliged to transfer part of their official earnings to the other.

Thus, the accounting department is obliged to regularly deduct money from wages and transfer money to collectors on the basis of the following documents (Part 1, Article 12 of Law No. 229-FZ of October 2, 2007):

writ of execution;
court order;
a notarized agreement on the payment of alimony.

The basis for deductions can only be the original document or its duplicate: deductions cannot be made based on a copy. If an employer receives an improper copy, they can either return it to the sender and request the original, or take no action at all.

Any of the listed documents is transferred to the organization either by post from the bailiffs, or by the employee himself.

However, at the time of this Resolution (January 2014) and its receipt by the organization (February 2014), the person indicated as the debtor has not been working in the organization since the beginning of September 2013.

Order of dismissal No. 143 hp. is the basis for a number of debt collection procedures. To make sure that the debtor is not working, the bailiff must request the necessary documentation from government agencies, as well as conduct its own investigation, during which the person’s last place of work can be tracked.

But the main task of the bailiff is to withdraw the entire amount of the debt as quickly as possible and close the case. Therefore, the work of an authorized person is often aimed not at explaining the essence of the circumstances, but at testing all existing legal options that are likely to help repay the debt.

Hello dear reader. Today I will tell you my conversation with the bailiff. Thank God, there are still real people in the world with a capital “H” and among the employees of this structure, there are also honest and fair employees who, if not openly, then in a low voice, are ready to talk about behind-the-scenes training and priority tasks.

If the debtor does not pay according to the writ of execution
How to prove that property does not belong to the debtor
Information about arrests of bailiffs
How to revoke a writ of execution from bailiffs
How not to pay bailiffs according to a court decision
If you don't open the door to the bailiffs
How to find out fines from bailiffs
If money was withdrawn from your account without warning
Submitting a writ of execution to the bailiff service
Search for debtors by bailiffs
Letter from the bailiffs
Information on the progress of enforcement proceedings
Credit card seizure
Answer to the bailiffs that the person is not working
When bailiffs have the right to describe property

About the author Gromov Alexander Vladimirovich

In 2000, he graduated from the Faculty of Law of the National Research University Higher School of Economics.

Lefortovo Department of Bailiffs

We invite you to familiarize yourself with travel forms for 2020

Office of the Federal Bailiff Service of Russia in Moscow

109377, Moscow, st.

Zelenodolskaya, 8/13

To the bailiff

Khankishiev Z.A.

State Unitary Enterprise of the City of Moscow "V" notifies of receipt of the Resolution on foreclosure of the debtor's wages dated 04/28/2011 (copies of writ of execution No. 272-1-44/2009 dated 10/27/2009) in relation to YUDIN PAVL VALERIEVICH, 00.00 .000 year of birth registered: ….

The duty of an authorized representative of each organization that decides to say goodbye to a debtor employee is to notify the bailiff and debt collector as soon as possible that funds from wages can no longer serve as a source of debt repayment. Otherwise, the bailiff, due to ignorance, will not be able to take any measures to normalize the situation, and the company will be fined an insignificant amount (from 3 to 5 thousand rubles).

But you will greatly help the investigation if in your answer you also indicate information known to you about the current or last place of employment of the debtor known to you.

If an employee is still employed in this company, but for some reason does not receive wages, the executive officer should also be notified about this. An administrative penalty for failure to prepare a response may be a monetary fine.

Thus, make deductions from the wages of P.V. Yudin. not possible.

Employment order No. 116/2 hp. from 02.09.2009

Order of dismissal No. 143 hp. dated October 27, 2009

Head of State Unitary Enterprise

Used in the answer “How to formalize deductions from wages according to executive documents” Nina Kovyazina, Deputy Director of the Department of Education and Human Resources of the Ministry of Health of Russia

https://www.youtube.com/watch?v=UFt0QUgRd1Q

Yes need. Let's consider an examination of the value of documents, tell you what to do with old documents and how to quickly establish personnel records, or 20 regulations that every personnel officer must know. Please note that the employer is not obliged to inform the bailiff about the employee’s new position or find out information about it. You can find a sample message to the bailiff about the dismissal of an employee in the attachment (Document forms: Message to the bailiff about the dismissal of the debtor).

Asked 2011-09-02 13:53:01 0400 in the topic “Housing Law” Liquidation of a contract - Liquidation of a contract. more 1 answer. Moscow Viewed 36 times. Asked 2012-11-25 14:14:22 0400 in the topic “Civil Law” Ivan, this is understandable.

We asked you for help on how to compose this letter correctly.

Help - Ivan, this is understandable.

about the fact of dismissal of the debtor employee, indicating the grounds (at his own request, at the initiative of the employer, by agreement of the parties, etc.);
details of the writ of execution;
the period during which the contributions were made;
debt and its reasons (if any);
list of applications. The notice should be accompanied by a writ of execution noting the amounts transferred and a copy of the dismissal order;
additional information about the debtor: place of residence, place of new work, etc.

Sometimes organizations have employees from whose salaries the accounting department regularly makes deductions and transfers them to claimants. A classic example is paying alimony. Alimony or other amounts are withheld from the employee’s income on the basis of a writ of execution.

05/03/2017

statement of the fact of dismissal of the debtor with reference to the reason;
order details;
the period during which alimony was paid;
the balance of the debt and the reasons for its occurrence;
list of attached documents;
information about the new place of work, if available;
residential address.

The written message is signed by the chief accountant and the head of the organization, and the seal of the enterprise is affixed. You must include in the envelope:

writ of execution indicating the amounts of alimony listed;
a copy of the dismissal order.

Novgorod dated December 15, 2011 N 25-234/12, we report the following. Karpov Igor Sergeevich, driver-forwarder of Matrix LLC, paying alimony on the basis of a writ of execution dated 12.

As a rule, already at this stage it is possible to foresee a number of problems that will arise for the people involved in the financial affairs of the debtor after he becomes the executor of the judgment.

It is necessary to report the dismissal of the alimony payer so urgently, because otherwise the person may not make the required payments on time.

An official notification to the bailiffs about the dismissal of the debtor is a mandatory document. What does it mean to comply with the deadlines for sending it and the order of its preparation.

for the position of mechanic mechanic from September 3, 2009 (employment order No. 116/2 hp.

Withholding under executive documents: general provisions

An executive document received by the organization in the name of an employee is the basis for collecting from the employee’s salary the amounts specified in the document.

An executive document can be: (click to expand)

performance list;
certificate issued by the labor dispute commission;
act of regulatory authorities on the collection of credit debt and accrued interest;
a judicial act issued in accordance with the Code of Administrative Offences;
order of bailiffs;
a notary's writ of execution on an agreement on out-of-court dispute resolution.

In accordance with the provisions of Federal Law 223, the employer is obliged to make deductions from the moment of receipt of the writ of execution.

In order to make penalties, the employee's consent is not required. The employer only needs to notify the employee in writing (the employee’s signature “Notified” on the writ of execution), after which the accountant has the right to withhold the amounts in the manner established by the writ of execution.

Return of the writ of execution to the bailiffs after fulfillment of the requirements

In general, the return of the writ of execution to the bailiffs is made upon the defendant’s fulfillment of all the requirements stipulated by the writ of execution. Let's consider typical cases:

The defendant repaid the amount owed. Let us assume that, on the basis of a writ of execution, the employer made penalties for compensation for damage caused, while the amount of compensation in the document is indicated in a fixed monetary amount. In this case, the organization returns the writ of execution upon full repayment of the debt.
The collection period has been terminated . In general, the employer withholds child support until the child turns 18 years old. If the text of the writ of execution contains this wording of the retention order, then upon the child’s 18th birthday, the plaintiff’s demands are considered fulfilled, which means the employer can return the writ of execution to the bailiff.

Deadline for returning the writ of execution to bailiffs

Based on the provisions of the RF IC, the employer is obliged to return the writ of execution to the bailiffs before the expiration of 3 days from the moment the payer fully repays the claims. This procedure is provided for by the Family Code in case of collection of alimony.

If, after deducting amounts from the employee’s salary for other reasons (tax arrears, compensation for damage caused, etc.), the claimant’s requirements are met, then the return of the writ of execution is made in accordance with the procedure provided for in Art. 46 FZ-226. Since the federal law does not contain clear requirements for the employer regarding the return of the writ of execution, in this case it is customary to adhere to the general procedure, that is, to make the return within 3 days from the date of repayment of the claims.

How to return a writ of execution after fulfillment of claims: step-by-step instructions

Below are step-by-step instructions that will help the employer process the return of the writ of execution to the bailiffs based on the payer’s fulfillment of the claim’s obligations.

Step 1. Full repayment of claims

Before returning the writ of execution, the employer must make sure that the claims under the document are fully satisfied. To do this, you must carefully study the terms of collection:

When collecting alimony, obligations are considered fulfilled when the child reaches 18 years of age, provided that deductions are not renewed when the child enters a university (in this case, the payment can be extended until the child reaches 24 years of age).
If the employer collects funds in a fixed amount, then the requirements under the writ of execution are considered fulfilled in connection with the full payment of the claim (if the document indicates the total amount of recovery) or upon the occurrence of an event that terminates the period of collection (in accordance with the requirements of the writ of execution) .

Step-2. Registration of an inscription on the repayment of claims

Before sending the writ of execution to the bailiffs, the document must be drawn up in the appropriate manner. The employer must supplement the writ of execution with an inscription on the fulfillment of obligations in the following form:

“Collections on the basis of the writ of execution No.___ dated ___“_____”_____were made in full.

The debtor's obligations under this document have been repaid in full in ___ “_____”_____year.

Chief accountant of Monolit LLC /signature/ Shitova S.V.”

If the employer collected the debt in a fixed amount (the final amount of deductions is indicated in the writ of execution), then the covering letter should be supplemented with information about the full amount of deductions:

“Collections on the basis of writ of execution No.___ dated ___ “_____”_____ in the amount of _________ rubles. ___kop. produced in full."

The covering letter must be drawn up on the back of the writ of execution. The inscription is considered valid after it is signed by the responsible official (for example, the chief accountant) and affixed with the seal of the organization.

Step-3. Return of the writ of execution to bailiffs

The employer has the right to return the writ of execution to the bailiffs in any form convenient for him:

send by mail, filling out a letter with notification and a list of the attachments;
take it personally to the bailiff service.

Please note that the return of the writ of execution is made exclusively to the FSSP from which the deduction document was received.

When sending the document to the employer, a 3-day deadline must be observed from the date of repayment of the debt.

Let's look at an example . On 08/06/2020, the accountant of Zlatoust LLC withheld from the salary of Kondratyev’s employee the last amount of compensation for compensation for material damage caused.

Before 08.08.2020, the accountant is obliged to submit the writ of execution to the FSSP, having previously completed the document with the following inscription:

“Collections based on writ of execution No. 143/88-15 dated April 15, 2020 were made in full.

The debtor's obligations under this document are in the amount of 124,350 rubles. 23 kopecks repaid in full on August 6, 2020.

Chief accountant of Zlatoust LLC /signature/ Kurochkina S.N.”

Response to bailiffs that a person is not working sample

the debtor’s place of work is established;
A resolution is sent to the employer’s location, according to which part of the income will be used to pay off the debt.

Procedure for dismissing a debtor The employer is obliged to immediately send a letter to the bailiffs about the dismissal of the debtor.

GOVERNMENT OF MOSCOW DEPARTMENT OF ROAD BRIDGES AND ENGINEERING CONSTRUCTION OF THE CITY OF MOSCOW STATE UNITARY ENTERPRISE OF THE CITY OF MOSCOW Address: Telephone: No. from " " 20 Lefortovo Department of Bailiffs of the Office of the FSSP of Russia in Moscow 109377, Moscow, st. Zelenodolskaya, 8/13 To bailiff Z.A. Khankishiev

1 answer. Moscow Viewed 288 times. Asked 2011-06-09 08:21:41 0400 in the topic “Family Law” Who can help compose a letter to the bailiffs? — Who can help compose a letter to the bailiffs?

3) the grounds on which the decision of the official of the bailiff service is appealed, his

The Family Code provides for the obligation to send notices within three calendar days after the dismissal of an employee, and Law No. 229-FZ requires reporting this “immediately.”

Info

Federal Law “On Enforcement Proceedings” we notify you of the termination of the employment contract with Igor Sergeevich Sementsev, born on August 20, 1989, passport of a citizen of the Russian Federation series 40 18 number 798346, issued on May 1, 2012 by the Department of the Federal Migration Service of Russia for the Stavropol Territory in the Oktyabrsky district of Stavropol, registered at place of residence: Russia, Stavropol Territory,

Important

Stavropol, st. Severnaya, house 17, apartment 83. The employment contract was terminated at the initiative of the employee on April 31, 2020, the new place of work of Igor Sergeevich Sementsev is not known. We return the writ of execution of the FS series No. 14684651468, issued by the magistrate of the judicial district No. 3 of the Oktyabrsky district of Stavropol on May 19, 2014. Appendix:

Writ of execution of the Federal Assembly No. 14684651468 dated May 19, 2014

Leonenko V.P.

05/03/2017

As a rule, the writ of execution is sent to the bailiff within three days after the employee is dismissed. In relation to alimony, such a period is established by Article 111 of the Family Code of the Russian Federation. For other deductions, the law does not establish a specific period.

However, Part 4 of Article 98 of Law No. 299-FZ of October 2, 2007 states that the writ of execution must be returned immediately after the debtor changes his place of work. Used in the answer “How to formalize deductions from wages according to executive documents” Nina Kovyazina, Deputy Director of the Department of Education and Human Resources of the Ministry of Health of Russia

Situation: Is it necessary to inform the bailiff about the dismissal of an employee who pays alimony.

Yes, it is necessary. We will consider an examination of the value of documents, we will tell you what to do with old documents and how to quickly establish personnel records, or 20 regulations that every personnel officer must know. Please note that the employer is not obliged to inform the bailiff about the employee’s new position or find out information about it.

Answer: How to notify a bailiff about deductions made from an employee’s salary.

After the organization has withheld all the amounts specified in the writ of execution (or at the end of the period during which it was necessary to make deductions), this document must be returned to the bailiff (for example, sent by mail).

Methods of work of bailiffs Hello, dear reader.

Today I will tell you my conversation with the bailiff.

Thank God, there are still real people in the world with a capital “H” and among the employees of this structure, there are also honest and fair employees who, if not openly, then in a low voice, are ready to talk about behind-the-scenes training and priority tasks. If the bailiff, despite having the necessary information, does not do his job, you need to write a Complaint about the inaction of the bailiff.

The organization received a decree from the bailiff to foreclose on the debtor's wages, on the basis of which the organization is obliged to withhold a certain amount from the debtor's salary every month until the debt is fully repaid. Moscow Viewed 113 times. Asked 2011-09-02 13:53:01 0400 in the topic “Housing Law” Liquidation of a contract - Liquidation of a contract.

Moscow Viewed 36 times. Asked 2012-11-25 14:14:22 0400 in the topic “Civil Law” Ivan, this is understandable. We asked you for help on how to compose this letter correctly.

1 tbsp. 12 of the Law of October 2, 2007 No. 229-FZ):

writ of execution,
court order,
a notarized agreement on the payment of alimony.

So, your organization has received a writ of execution against an employee, what to do next?

In this case, the notification should state: The message is signed by the chief accountant and general director; if there is a seal of the organization, its imprint is affixed. Copies of all documents handed over to the dismissed employee and bailiffs should be kept in the organization’s archives in case of verification of compliance with the law when transferring alimony or other debts.

If the debtor paid alimony, then the procedure for sending a notice of dismissal to the bailiffs and the claimant is defined in the Family Code of the Russian Federation and is three days (Part 1 of Article 111 of the RF IC). However, this article does not indicate the deadline for returning the writ of execution. Thus, in order to avoid any contradictions, it is recommended to send notice of dismissal and a writ of execution on the day of termination of the employment contract or the next day after dismissal.

We invite you to familiarize yourself with the procedure for compensation for damage caused to a third party by an employee

For failure to comply with the requirements of the bailiff or the loss of the writ of execution and its untimely return, Article 17.14 of the Code of the Russian Federation on Administrative Offenses provides for the following sanctions:

for citizens: a fine of 2000 to 2500 rubles,
for officials: a fine in the amount of 15,000 to 20,000 rubles,
for legal entities: fine from 50,000 to 100,000 rubles.

A classic example is paying alimony.

performance list,
court order
a notarized agreement on the payment of alimony (its notarized copy).

In such circumstances, the safest option is to send a letter to the bailiffs about the dismissal of the employee, as well as to the recoverer, on the next working day after the termination of the employment contract.

A sample notice of dismissal is provided on the page. By the way, a fine may be imposed for non-return or untimely return of a writ of execution (Part.

3 tbsp. 17.14 Code of Administrative Offenses of the Russian Federation):

per official in the amount of 15,000 - 20,000 rubles,
per organization in the amount of 50,000 - 100,000 rubles.

On the returned writ of execution, the employer must indicate information about the penalties made from the employee (Part.

The entry made must be certified by the signature of the chief accountant and the seal of the organization.

Similar explanations are contained in subparagraph 10 of paragraph II of Appendix No. 1 to the Methodological Recommendations approved by the FSSP of Russia on June 19, 2012.

However, there is no specific time frame within which notice must be given.

within 50-100 thousand rubles when working with organizations,
15-20 thousand rubles for officials.

If, after dismissal, a citizen leaves the family, he often retains the obligation to pay. The law regulates the specific amount of possible amounts.

Otherwise, the bailiff, due to ignorance, will not be able to take any measures to normalize the situation, and the company will be fined an insignificant amount (from 3 to 5 thousand rubles). What to do if your debtor quit his previous job?

It is also necessary to indicate the address of the organization to which the response is sent. Notification of the debt collector about the dismissal of the debtor In the legislative framework of the Russian Federation there is no mention of the form of notification to the debt collector that the executor of the judgment no longer works in this organization, which means you can write a letter in a free conversational form.

6 Additionally, you can also indicate the address of the debtor’s real estate and ask to seize it, so that if it is impossible to collect funds, it will be made at the expense of this property.

Cap: name of the bailiff service department, full name. specific bailiff.
Text of the letter: a message about the fact of termination of the employment relationship with the alimony worker, indicating the details of the order.
Indication of the existence of a writ of execution on the basis of which deductions were made.

Return of a writ of execution upon dismissal of an employee

Based on Federal Law-229, the employer is obliged to notify the FSSP of the impossibility of collecting amounts under the writ of execution in connection with the dismissal of the employee.

In this case, there is no need to prepare a cover sheet. The writ of execution must be returned to the FSSP along with the corresponding statement, in which you indicate: (click to expand)

the amount of penalties made;
the reason why it is not possible to continue withholding (employee dismissal);
the employee’s new place of work, if it is known to the employer.

The deadline for filing an application and returning the writ of execution is no more than 3 days from the date of dismissal of the employee.

Based on Art. 17.14 of the Code of Administrative Offenses, an employer who did not notify the FSSP of the dismissal of an employee within the prescribed period and did not return the writ of execution may be held liable in the following order:

fine from 50,000 rubles. up to 100,000 rub. – for organizations;
fine from 15,000 rubles. up to 20,000 rub. – for officials found responsible for an offense (chief accountant, manager).

Main part

the reason for the drafting (in this case – dismissal);
links to the details of the writ of execution or the outgoing number of the letter of the bailiffs containing the order to make deductions;
last name, first name, patronymic (if any) of the dismissed employee, his former position and specialty;
date and reason for dismissal. It is highly advisable to indicate the latter with references to the relevant articles of the Labor Code;
whether the final payment has been made and its date. If not, then the reasons for the debt are indicated;
the period during which the deductions were made;
address of the debtor's new place of work. If it is unknown, then it is written that way, but the presence of such a phrase is also highly desirable;
the last place of residence of the debtor, as indicated in the organization’s documents;
a phrase about the return of the writ of execution to the Federal Bailiff Service.

This is important to know: Apartment purchase and sale agreement: how to draw up, form, sample 2020

Law on dismissal of alimony worker

The procedure for the employer's actions in the event of dismissal of the alimony worker is regulated by Art. 111 IC RF and Art. 5 No. 229-FZ. According to this article, a company that withholds alimony on the basis of a court decision or a certificate certified by a notary is obliged to report the dismissal of an employee to the executive authorities. The deadline for this is three working days. Also, the person receiving alimony - the second parent - is notified of the dismissal of the alimony provider. If the employer has information about the subsequent place of work of the alimony payer, he must provide this information too.

When moving from one place of work to another, the parent involved in paying child support does not have the right to hide the new place of employment. He must inform the bailiff and the person receiving alimony about the change of employer. Notification of additional earnings, if any, is also required. Failure to comply with these requirements may result in the responsible persons being subject to administrative liability.

Components of a letter

The document must contain an introductory, main and final part. The introduction must contain the following information:

Details of the organization from whose staff the alimony payer was excluded: address, telephone numbers, zip code, etc.
Direct indication (appeal) to a specific department of bailiffs. It is not necessary to indicate the name of a specific bailiff (it is usually unknown). There is enough separation here, indicating the place of attachment. This will be enough to correctly compose the letter to the bailiffs.
Appeal to the alimony collector. You should send a letter not only to the bailiffs, but also to the specific recipient of alimony. And in this case, the data of the full name, surname, patronymic, as well as the address with an index must be provided. Without indicating the recipient of alimony, the letter completely loses its meaning and legal force.
Date the document was signed.
His number. It is he who is indicated in the registration documentation. In turn, these records will serve as evidence that the correspondence was sent.
Name of paper.

Expert opinion

Kostenko Tamara Pavlovna

Lawyer with 10 years of experience. Author of numerous articles, teacher of Law

The main part, as is customary in business correspondence, should be specific, complete and reasoned. The introduction of the main body of the letter should contain the following information:

For what reason is the letter being sent? Everything is clear here - dismissal.
A link to a document obliging the employee to pay alimony. In the given sample letter to the bailiffs when dismissing an alimony worker, this basis is paragraph 1 of Article 111 of the RF IC. It is this that is referred to in the vast majority of cases in letters of alimony payment.
Link to outgoing letter from bailiffs. She will explain the essence of the issue, the reason that prompted the organization to begin writing this letter. Dismissal is also a reason in itself. But if a request was sent from the bailiff service, then you need to refer to it, indicating the date and number of the corresponding letter.

After the preamble (immediately after the phrase “we inform the following”), there is the text of the message itself, including:

Full name of the dismissed employee.
The position, specialty for which he was previously hired.
On the basis of which the employee pays alimony. The number and date of the writ of execution on the basis of which he is obliged to do this are indicated.
Which judicial district issued the writ of execution (it would be logical if the letter was sent exactly to the district in which the paper on the collection of alimony was issued).
When the dismissal occurred (date).
For what reason did the employee quit? If this is a voluntary dismissal, then there must be a reference to clause 3, clause 1, part 77 of article 77 of the Labor Code. If for other reasons, then the references to legislation will be different, but their presence is highly encouraged by regulatory authorities when conducting inspections. This makes the process more convenient.
Has the final payment been made? If not made and there are debts, then be sure to indicate the reason for their occurrence.
Final settlement date (if any).
The name of the address of the former employee's new place of work. Even if before his dismissal he did not inform where he was transferring or not transferring. In any case, the phrase about the place of work must be present, recording the good faith of the employer, his willingness to provide any assistance to the bailiff service and other authorities involved in the collection of alimony.
Place of residence of the alimony provider, which was recorded in the organization’s papers. It is indicated as the last place of residence.
Information that the writ of execution is sent to the bailiff for further collection of alimony.

This is important to know: Administrative statement of claim: sample 2020

The text of the main part ends with this phrase. The conclusion is quite succinct.

If a former employer wants to formalize a letter to the bailiffs in a legally competent manner, then it will be enough to sign the accountant and manager and the seal of the organization at the end, as well as provide links to the attached documents. The latter are a writ of execution and a copy of the order to dismiss the employee (this is the minimum set of attached papers).

In what cases can a child support worker be fired?

The fact that an employee is a child support worker does not protect him from dismissal . The employer has the right to dismiss such an employee, like any other, for the following reasons:

evasion of fulfillment of assigned obligations;
absenteeism;
inadequacy for the position held;
staff reduction.

Additional information
All this is described in detail by Article 81 of the Labor Code. If there are compelling reasons, the employer has the right to dismiss the alimony payer as well as an employee not burdened with monthly payments.

Can they be expelled from the state in connection with the execution of a court decision?

It is impossible to dismiss an employee because a writ of execution has been issued against him. The grounds on which an employee can be dismissed are enshrined in the Labor Code of the Russian Federation and their list is exhaustive. Since the law does not provide for such a basis, dismissal in this case will be unlawful, since the reasons due to which a person became a debtor may be serious and valid.

Upon receipt of a writ of execution, the employer only has the obligation to collect the established amounts from wages, but not in any way to deprive an employee in a difficult life situation of the main source of income.

The fact of illegal dismissal can be appealed by the employee in court.

Retention after a person has left the organization

After an employee quits, deductions from his salary by this organization cease.
Exceptional cases are established by the Labor Code of the Russian Federation, Part 2 of Art. 137. An employer can withhold money from wages upon dismissal if:

the employee was given an advance, but he did not pay it off;
the employee was overpaid due to accounting errors;
the employee was found to be guilty of failure to comply with labor standards (Part 3 of Article 155 of the Labor Code of the Russian Federation) or downtime (Part 3 of Article 157 of the Labor Code of the Russian Federation);
the employee was granted leave in advance - for the actual vacation days not worked.

There will be no deductions for days of vacation not taken if the employee quits for the following reasons:

refusal to transfer to another job;
liquidation of the organization;
staff reductions;
conscription for military service;
reinstatement at work;
inability to work for medical reasons;
occurrence of an emergency.

Where should the execution paper be returned?

When an employee quits, the employer is obliged to:

notify the bailiffs that collection of amounts under the writ of execution is impossible;
return the sheet to the bailiff department.

The writ of execution must be returned along with the application and a copy of the dismissal order. The application shall indicate:

the amount of penalties made;
the reason why further penalties are impossible (in this case, it is the dismissal of the employee);
information about the debtor’s new place of work, if such information is available.

How and within what time period is the document sent to the bailiffs?

The writ of execution must be returned to the bailiff service within three working days from the date of dismissal of the employee.

Code of Administrative Offenses of the Russian Federation in Art. 17.14, part 4, provides for a fine for a legal entity employer in the amount of 50,000 to 100,000 rubles for late notification, its absence, as well as for the loss and non-return of the writ of execution. The fine for the director or head of the HR department personally is from 15,000 to 20,000 rubles.

On the back of the writ of execution, the employer states the grounds that were the reason for termination of execution, the amount withheld and transferred to the claimant under this writ.

It roughly looks like this: “Alimony in the amount of 50,000 rubles. withheld and transferred to the claimant in full. The remaining amount is 17,000 rubles. was not withheld due to the dismissal of an employee. There is no information about the employee’s new place of work.”

It is necessary to indicate the numbers of payment orders and the dates of transfer of funds. The record is certified by the signature of the chief accountant and the seal of the organization.

Return of the claim with a covering letter

It is possible that an organization has received a writ of execution against an employee who has already resigned. In this case, it is necessary to return the writ of execution to the bailiffs, attaching a cover letter in any form. It must contain information about the basis for the debtor’s dismissal (with reference to the order), information about the amounts of deductions and the collection period.

The letter is signed by the chief accountant and general director of the organization; if there is a seal of the organization, its imprint is affixed. It is best to record such (if there is one), and also keep documentary evidence of the return (a list of attachments if the document was sent by registered mail).

The procedure for dismissing an employee against whom penalties were imposed under a writ of execution is quite complex and requires maximum care and professionalism of the accountant and the organization’s personnel. We hope that the detailed description will help you not to encounter difficulties and make mistakes when working.

Write a letter to the bailiffs that the person is not working

Attention

Lefortovo Department of Bailiffs of the Office of the FSSP of Russia in Moscow 109377, Moscow, st. Zelenodolskaya, 8/13 We hereby inform you that Pavel Valerievich Yudin was hired under a fixed-term employment contract No. 20 dated 09/03/2009 for the position of mechanic mechanic from September 03, 2009 (employment order No. 116/2 l .s. dated 02.09.2009). On 10/30/2009, the fixed-term employment contract was terminated at the initiative of the employee (at his own request) (dismissal order No. 143 hp dated 10/27/2009) Currently, Pavel Valerievich Yudin does not have any relationship with the State Unitary Enterprise of Moscow “M” neither labor nor civil law relations, all payments due to them were received in full.

Thus, make deductions from the wages of P.V. Yudin. not possible. Employment order No. 116/2 hp. dated 02.09.2009 Order of dismissal No. 143 hp. dated October 27, 2009

Dismissal of the alimony worker and letter to the bailiffs

Sample certificate stating that the employee is not registered in the organization and has never been registered

Sample certificate stating that the employee is not registered in the organization and has never been registered

Response to bailiffs if an employee does not work
Formatting and sample letter to bailiffs on a writ of execution Will it be sufficient to send an official written message to the bailiff, attaching relevant copies of documents, stating that the debtor has not been working in the organization for a long time?

Answer to the bailiffs that the person is not working

Letter to the bailiffs DEPARTMENT OF ROAD BRIDGES AND ENGINEERING CONSTRUCTION OF THE CITY OF MOSCOW STATE UNITARY ENTERPRISE OF THE CITY OF MOSCOW No. dated " " 20

Will it be sufficient to send an official written message to the bailiff, accompanied by relevant copies of documents, stating that the debtor has not been working in the organization for a long time?
How to correctly write a letter to the bailiffs informing them that the employee no longer works for us?
Working methods of bailiffs
Response to bailiffs if an employee does not work
Letter to bailiffs
Notification to the bailiff about the dismissal of an employee obligated to pay alimony (filling sample)
The bailiff is not working
Your truth about family life
Notification to bailiffs about the dismissal of an employee

Will it be sufficient to send an official written message to the bailiff, accompanied by relevant copies of documents, stating that the debtor has not been working in the organization for a long time? Your consultation is required. For other cases of deduction by analogy, the same period usually applies. How to draw up a notice to the bailiff about the dismissal of a debtor In general, the document is drawn up in free form. On the letterhead of an organization or individual entrepreneur.

The addressee is the bailiff who sent the relevant resolution. Indicate the number of the enforcement proceedings and the date of its initiation, the parties. Below is information about the fact and date of termination (termination) of the employment contract (it is not necessary to indicate the reason). In addition, it is necessary to inform the debtor’s new place of work (if known) and (or) new place of residence.

to the position of mechanic mechanic from September 3, 2009.

(employment order No. 116/2 hp dated 09/02/2009). October 30, 2009

Read on the topic in the electronic journal According to the meaning of this norm, when the employer receives a writ of execution for an employee who has already resigned from this organization, he should immediately (within three days) send the writ of execution and indicate that no payments have been made from the employee’s salary there was no (Situation: Is it necessary to inform the bailiff about the dismissal of an employee who pays alimony).

Read related articles:

Dismissal for violation of labor discipline
One day dismissal
Dismissal at the initiative of the employer

In this situation, the current legislation does not require the employer to attach any other documents to the writ of execution.

Important In other cases of deduction, the same period is usually applied by analogy.

The claimant is also notified of this fact.

What does "immediately" mean?

Family Code of the Russian Federation in Art. In this case, there is no need to worry, because the organization and its employees will not suffer any financial losses if they send a response to the bailiff’s request in a timely manner and return all received documents. Subsequent proceedings with documents, a decision that the person does not work and the search for ways to collect the debt is already the job of the bailiffs.

Attention But you will greatly help the investigation if in your answer you also indicate information known to you about the current or last place of employment of the debtor known to you.

If an employee is still employed in this company, but for some reason does not receive wages, the executive officer should also be notified about this.

Absence from work is not always absenteeism. The employee is sick, but did not warn the employer about it and does not get in touch.

In such a situation, can an employer count absenteeism to an employee with all the ensuing consequences?

So, for such persons you need to take both SZV-M and SZV-STAZH!

“It is hereby confirmed that such and such (date of birth) has not had and does not currently have an employment relationship with our organization as an employer; the provision of services to them or the performance of work under civil law contracts of our organization was not carried out”

We hereby inform you that Pavel Valerievich Yudin was hired under a fixed-term employment contract No. 20 dated 09/03/2009.

After dismissal, the alimony provider is obliged to report this to the bailiff service. An official letter about his dismissal is sent to the bailiffs on behalf of the enterprise where he works. When employed in a new place, the writ of execution is again transferred to the accounting department.

Actions of the employer The writ of execution with the court decision is in the accounting department, so all procedures with the transfer of alimony fall on the shoulders of the accountant.

But what to do if, for some reason, the company does not have the means to pay off an employee’s debt? You need to draw up a competent response-notification for the bailiff.

Sometimes it happens that the debtor has not been an employee of the organization for quite a long time, but the bailiff does not have the necessary information and still sends a writ of execution to the legal address of the former employer with a request to withdraw some part of the salary of the executor of the judgment.

But what to do if, for some reason, the company does not have the means to pay off an employee’s debt?

You need to draw up a competent response-notification for the bailiff. Info What to do with a writ of execution in accounting? Sometimes it happens that the debtor has not been an employee of the organization for quite a long time, but the bailiff does not have the necessary information and still sends a writ of execution to the legal address of the former employer with a request to withdraw some part of the salary of the executor of the judgment.

Response to bailiffs if an employee does not work
Formatting and sample letter to bailiffs on a writ of execution Will it be sufficient to send an official written message to the bailiff, attaching relevant copies of documents, stating that the debtor has not been working in the organization for a long time?

Answer to the bailiffs that the person is not working

Will it be sufficient to send an official written message to the bailiff, accompanied by relevant copies of documents, stating that the debtor has not been working in the organization for a long time? Your consultation is needed. In other cases of retention, by analogy, the same period is usually applied. How to draw up a notice to the bailiff about the dismissal of a debtor In general, the document is drawn up in free form. On the letterhead of an organization or individual entrepreneur.

The responsibilities of each employer include tracking all citizens working in its production and are required to make regular cash deductions based on the following documents:

Performance list.
Court order.
Notarized agreement on payments (most often these are alimony benefits).

We suggest you familiarize yourself with Alimony if your ex got married

On the Internet you can find many examples of drawing up all kinds of documents.

Writ of execution of the Federal Assembly No. 14684651468 dated May 19, 2014

Family Code of the Russian Federation in Art.

Letter to the bailiffs DEPARTMENT OF ROAD BRIDGES AND ENGINEERING CONSTRUCTION OF THE CITY OF MOSCOW STATE UNITARY ENTERPRISE OF THE CITY OF MOSCOW No. dated "" 20. Otherwise, those obliged to send a notice of the debtor's dismissal face an administrative fine.

Responsibility for such an offense is established by Art. Especially if such persons make deductions under a writ of execution or a resolution to foreclose on wages. If after studying this article you still have additional questions, ask them to the site’s on-duty lawyer.

The work of the BSC is to collect debts of various types from debtors. One of the tools of their work is the recovery of part of the official income.

the place of work of the debtor is established,
A resolution is sent to the employer’s location, according to which part of the income will be used to pay off the debt.

We hereby inform you that Pavel Valerievich Yudin was hired under a fixed-term employment contract No. 20 dated 09/03/2009 for the position of mechanic mechanic from September 03, 2009 (employment order No. 116/2 hp.

FULL NAME;
previous position;
date of preparation and number of the writ of execution.

when the decision was made (calendar date);
Full name, position of the person who issued the resolution;
information about the enforcement case (name and number);
a statement of the essence of the issue in connection with which the decision was made;
an indication of the specific legal provisions of the law that justify the provisions of the decision being made;
the content of the decision that the bailiff makes in connection with the issue under consideration in the case;
explanations from the bailiff on how to appeal his decision.

for citizens: a fine of 2000 to 2500 rubles;
for officials: a fine in the amount of 15,000 to 20,000 rubles;
for legal entities: fine from 50,000 to 100,000 rubles.

What should an accountant do?

After the dismissal of the alimony worker, the accountant needs to do important work - collect a personal file and send it to the company’s archives. The following documents should be placed in your personal file:

a copy of the writ of execution, which contains information about funds withheld from wages and the balance of payments;
a duplicate of the dismissal order;
copies of notification letters sent to the executive authorities and to the second parent;
a list of papers that make up a personal file.

If the company has a documentation log, then a corresponding note is made in it, the date of dismissal and sending of documents is indicated.

Retroactive dismissal of an employee

It often happens that the alimony payer introduces ambiguity into the issue of employment, dismissal or continuation of work in the same place. For example, he repeatedly plans to submit his resignation and then changes his mind. A company manager may be faced with a difficult question regarding what to do if an employee is fired retroactively. After all, in fact, we are dealing with a violation of the law in the form of delays.

For untimely submission of a writ of execution and some other inconsistencies, the employer may be punished with a fine. Therefore, it is extremely important to correctly explain the reason for the untimely submission of documents to the executive bodies. If an employee regularly committed unlawful acts, failed to fulfill assigned obligations, or was noted for absenteeism, the employer can fire him on his own initiative by applying the article. In this case, the retroactive dismissal of the alimony payer cannot be considered a violation of the law.

Nuances

The dismissal of an alimony payer does not mean the termination of payments. After delivering a letter of termination of the employment contract to the second parent, he has the right to control the situation by inquiring about the receipt of information about the new place of work from the bailiffs.

A notification letter must be sent to the parent on the day of termination. Timely information is clearly regulated by law. A delay of even one day may be grounds for filing a complaint.

Sources

https://gidbankrot.ru/dolzhniki/pismo-sudebnym-pristavam-dolzhnik-ne-rabotaet
https://bankrotof.net/ispolnitelnoe-proizvodstvo/pismo-sudebnym-pristavam-o-pogashenii-dolga/
https://online-buhuchet.ru/vozvrat-ispolnitelnogo-lista-sudebnym-pristavam/
https://rabotnik-info.ru/uvolnenie/alimentshhika/
https://otrude.com/uvolnenie/vernut-ispolnitelnyy-list-pristavam/

[collapse]