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Should I go to the bailiffs? How to contact bailiffs? What do the debtors themselves think about this?

Just never open the door to anyone, not even the bailiff. As a child, did your parents teach you not to open the door to strangers or aunts and not to let them into the house? It's the same here. Do not open the door to anyone - be it collectors or even bailiffs. You don’t even have to figure out who came there - just call the police if someone tries to break into your door and let them sort it out.

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.

ATTENTION!!! This article does not apply to those cases when the property has already been described and transferred for safekeeping, and when the bailiff executes the decision to move in the claimant and evict the debtor!

First, you need to get permission from the senior bailiff. And this, as a rule, is a serious guy who has colonel's shoulder straps and has been working for a long time. And just imagine how a bailiff, who changes every 3-6 months, because it’s a dog’s job, can convince a seasoned wolf to issue permission to open the doors of the premises? Namely, to convince, because the bailiff must be 150% sure that there is property of the debtor in this premises. And if you’re not sure and if you don’t prove it to your elders, you’ll never receive the paper. Because the senior in rank does not want to receive and lose his shoulder straps.
Secondly, even if the elder was convinced that there is definitely property of a loan defaulter, it is far from a fact that he will issue this permission to break into an ordinary apartment of the ordinary Vasya Pupkin, who is not a malicious evader. But if Vasily had defaulted on alimony or compensation payments for causing harm to health, that would be a different matter. And Vasya just doesn’t pay a couple of loans.
Thirdly, in order to break the door, the bailiff, who has the heroically obtained permission in his hands, is obliged to warn you twice, against signature, that he will break the door. What are these two warnings - 1) the bailiff is obliged to notify about the start of enforcement proceedings and 2) the bailiff is obliged to notify that he will arrive to inventory the property on the appointed date and time. This is done precisely so that there is no need to break the door. Therefore, you don’t have to sign anywhere, but check the amounts on the bailiffs’ website.
Fourthly, in order to break down the door you need to have all of the above and also the presence of the following people - a district police officer, employees of the Ministry of Emergency Situations and two witnesses.

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).

In short, you don’t have to open the door to the bailiff and, without swearing, calmly explain that your children/mother/wife/brother is sleeping and now it’s simply inconvenient to let them into your home. In this way, you will be able to maintain a normal relationship with the bailiff, which will be useful to you later, but not for long because the bailiffs change often. You just don’t let them into the apartment and then the next day (or whatever is convenient for you) you go to the bailiff’s office for a visit.

You bring copies of documents for the property (sales receipts, warranty cards) - confirmation that it does not belong to you, a copy of the donation agreement, or a storage agreement, or a lease agreement, or you simply write an explanatory note (or the owner of the apartment) that your property is not there. You don’t have to do this if you don’t plan to negotiate with the bailiff on some future issues. And if after that you invite a bailiff to your place and can give them a description of a couple of unnecessary things, for example an old TV and a broken kettle, that would be great. They will be pleased and you won’t lose anything much. But this is when you have several loans and there will be new enforcement proceedings and you plan to maintain warm friendly relations with the bailiff.

This is how you can solve the problem of a bailiff seizing your property - you just need to know your rights and not let the bailiff into your home. So, when you have nothing to pay a loan, you look everywhere for information on how to protect your property from seizure and become more legally savvy. You see - everything is for the better. If the article was useful, share it with your friends using the magic buttons on the left.

Why are you being called and what awaits you?

You are being summoned because the FSSP service has received a writ of execution.

After initiating enforcement proceedings, the bailiff notifies the debtor of a call for an appointment with a demand for payment of arrears of alimony, provision of relevant information (information about place of work, study, place of receipt of pension, other income, place of residence, etc.) necessary for the execution of a writ of execution.

If necessary, the bailiff takes measures to establish the place of work, study, place of receipt of pension and other income of the debtor, requesting relevant information from the territorial offices of the Pension Fund of the Russian Federation and tax authorities.

If the place of work, study, place of receipt of a pension and other income of the debtor is established, in the absence of arrears on alimony obligations or if the debt does not exceed 10 thousand rubles, the bailiff issues a resolution to foreclose on wages and other income of the debtor and a resolution to terminate enforcement proceedings in accordance with paragraph 8 of Part 1 of Art. 47 of the Law.

If there is a debt on alimony obligations exceeding 10 thousand rubles, the bailiff issues a decision to foreclose on the debtor's wages and other income, but does not complete the enforcement proceedings and continues to apply enforcement measures.

The bailiff sends the following documents to the organization at the place of receipt of income:

a copy of the executive document on the basis of which enforcement proceedings were initiated;

resolution to foreclose on wages and other income of the debtor in the manner provided for in clause 1, part 1, art. 98 of the Law;

a copy of the resolution to collect the enforcement fee for failure to pay periodic payments in the manner prescribed by Part 4 of Art. 112 of the Law (if such a resolution was made as part of enforcement proceedings);

a copy of the resolution on the collection of an administrative fine and costs for carrying out enforcement actions (if such decisions were made within the framework of enforcement proceedings);

a memo for managers and accountants of organizations (enterprises) on the issues of withholding and transferring funds under executive documents (Appendix No. 1).

The resolution on foreclosure of wages and other income of the debtor, along with other requirements, indicates the requirement of the person paying wages and other periodic payments to the debtor to provide the bailiff at least once a quarter with information about the deductions made from the debtor with the attachment of payment documents. documents on the transfer of collected funds to the recoverer.

The bailiff must take into account that the amount of deductions from wages and other income of the debtor cannot exceed 70% (Part 3 of Article 99 of the Law).

In accordance with Part 1 of Art. 100 of the Law, recovery under executive documents is applied to the wages of debtor citizens sentenced to correctional labor, minus deductions made by sentence or court order.

According to executive documents in relation to citizens serving sentences in correctional institutions, including medical correctional institutions, medical and preventive institutions, as well as in pre-trial detention centers when they perform the functions of correctional institutions in relation to these debtors, the recovery is applied to wages, pensions or other the debtor's income taking into account the provisions of Art. 107 of the Penal Code of the Russian Federation.

Provisions of Part 3 of Art. 107 of the Penal Code of the Russian Federation establish a guaranteed minimum of funds, which must be at the disposal of the convicted person, regardless of all deductions. In correctional institutions, this minimum is 25% of the convicted person’s salary, pension or other income.

In case of unfinished enforcement proceedings, if there is a debt, or if the debtor’s earnings and (or) other income are insufficient, the bailiff takes measures to foreclose on funds held in accounts in banks or other credit institutions, as well as on any property of the person obligated pay alimony, which may be enforced by law.

In addition, within the framework of these enforcement proceedings, bailiffs must carry out checks of the property status of debtors at least once a quarter by sending requests to the relevant organizations and checking property at their place of residence or place of stay.

When identifying property belonging to the debtor, the bailiff, if necessary, requests from the organization where the debtor receives wages or other income, information about the collections made and the remaining amount of arrears for alimony and other penalties.

If the amount of the debt exceeds the amount received after the sale of the debtor's property, the bailiff transfers funds to the collector within the amount of the debt, recalculates the alimony debt and sends to the organization a new resolution to collect the amount of alimony debt.

If the amount of the debt is less than the amount received after the sale of the debtor’s property, the bailiff returns to the debtor the funds remaining after repayment of the debt to the claimant, reimbursement of expenses for carrying out enforcement actions, enforcement fees and administrative fines imposed within the framework of enforcement proceedings.

At the same time, the bailiff sends to the organization a resolution to revoke the resolution to withhold from the debtor’s wages or other income the amount of alimony arrears and the resolution to collect the enforcement fee, after which he completes the enforcement proceedings on the grounds of clause 8, part 1, art. 47 of the Law. Similarly, it is necessary to complete enforcement proceedings when repaying arrears of alimony exceeding 10 thousand rubles and collecting the enforcement fee by deducting funds from the debtor’s salary, pension, scholarship or other periodic payments.

When distributing collected funds, the bailiff must be guided by the provisions of Art. 110 of the Law.

If consolidated enforcement proceedings have been initiated against the debtor, the order of satisfaction of the claims of claimants who presented enforcement documents on the day of distribution of the corresponding amount of money is determined by the provisions of Art. 111 of the Law.

Requirements for the collection of alimony are satisfied first of all, along with requirements for compensation for harm caused to health, compensation for harm in connection with the death of the breadwinner, damage caused by a crime, and compensation for moral damage.

Within one queue (including in the presence of several writs of execution for the collection of alimony), demands are satisfied in proportion to the amount due to each claimant (Part 3 of Article 111 of the Law).

Simultaneously with the application of enforcement measures, in order to provide the debtor with the opportunity to execute court decisions on the collection of alimony on a voluntary basis, within the framework of interaction with the employment services of the constituent entities of the Russian Federation on issues of assistance in the employment of debtor citizens, the bailiff gives the debtor a referral to the employment center to register as unemployed or employed.

A common situation is . The case was “successfully” lost, and the writ of execution was sent to the FSSP service. This is the final part of the bank foreclosure. The borrower has ten days to voluntarily pay the debt. If this does not happen, the debtor will face problems.

The defendant decided not to wait for the bailiffs at home, and came to the department on his own. It is necessary to understand what model of behavior to choose to negotiate in your favor.

To prevent the bailiff from seizing the property, payment must be made within five days from the date of notification of the initiation of enforcement proceedings. It is not necessary to pay the entire amount, a small contribution is enough.

How to behave at the reception?

Debtors rarely come to the BSC voluntarily. People are afraid and try to do everything to be forgotten. But this does not solve the problem.

Debts remain, with all the ensuing consequences:

ban on registration actions;

If a person independently comes to the FSSP employees, then he has more opportunities to negotiate an installment plan or cancel the departure. The bailiffs carry out the collection plan and if payment is received, they turn a blind eye to some things.

The actions of the bailiffs are challenged in court or with the help of.

The debtor agrees to pay the full amount

Come to the bailiff for an appointment and agree on payment terms:

Find out the full amount of the debt (you can see it on the FSSP website).
Ask for a receipt or print it from the website.
Pay at the bank.

After 7 working days, the money is credited to the account.

Debtors rarely pay their debt voluntarily, so this option is more the exception than the rule. Although, sometimes this happens.

Do not forget to write a statement that you agree with the debt and are ready to pay voluntarily. In this case, the bailiff will not come and seize the property.
After depositing the funds, notify the bailiff about paying the debt by phone or come to the appointment again.
Monitor the receipt of money into the FSSP account and the lifting of bans on movement and property registration.

A common option. The bailiffs reach an agreement with the debtor, this is convenient:

the debtor came himself;
The debt is slowly being paid off.

The debtor also benefits:

no one will go to his home to seize his property;
no one will send a writ of execution to work to withhold 50% of the salary. The debtor's business reputation will remain untouched.

Take your 2NDFL certificate with you to confirm your income.
If you have loans from other banks, take the agreements with you.
Indicate additional sources of income. This is done if you are determined to pay off the debt.

Talk to the bailiff and, taking into account your income, calculate the monthly payment. This is a normal move. People pay off debts this way. If FSSP employees see the payment, they will not bother you.

If in this way you are repaying a debt to an individual or legal creditors, then it is important to remember:

The plaintiff may request additional collection measures even if funds are regularly received as payment. The bailiff is obliged to obey and carry out a set of compulsory measures.

The defendant does not agree with the debt

We would like to immediately warn you that in this case it is better not to go to the bailiff. Take care of the property in advance and wait for them to come to you. There is no point in aggravating the situation. After all, if you have nothing to take, then in a year the enforcement proceedings will be closed due to the impossibility of collection.

If the amount of debt exceeds 1.5 million rubles from an individual, the bailiffs may initiate the initiation of a criminal case under Art. 177 of the Criminal Code of the Russian Federation. The debtor has the right to use.

Is it possible to pay off a debt in installments? This question worries many respondents. After reading Federal Law 229, it is clear that the debt must be paid in full. But there is a way out of the situation.

Article 37 of the law allows the debtor to go to court and obtain a deferred payment. During the deferment period, no enforcement actions are taken and restrictions are lifted.

In practice, this provision does not make sense to apply. Any bailiff is ready for negotiations. You will be given the opportunity to make partial monthly payments without any problems. The only condition is the adequacy of the amount. Therefore, calmly negotiate on the money that suits both parties.

Don't be afraid to negotiate if you have something to offer.
Fulfill the agreements reached.
Try to pay more than agreed upon.
Stay in touch.
If you are late with payment, notify the bailiff.

All these points will help to avoid seizure of property and a ban on registration of housing or car.

Due to their workload, FSSP employees are limited to seizing salary cards and banning travel. If enforcement proceedings were initiated a long time ago and they are not touching you, then maybe there is no need to fuss? Why come on demand?

If you lack funds, let the situation go. There is nothing to pay; you most likely will not go on vacation abroad. The best tactic here is don’t touch and that’s okay. This way, you can gain a lot of time and improve your financial life. The main thing is to pay off the debt as soon as possible.

What happens if you don't pay for three years?

Three years are , this means that if during this period you are not sued in court on any matter, then the claims will no longer be accepted. The exception is a good reason for the plaintiff. For example, illness or military service.

But if you do not pay the debt within three years under enforcement proceedings, this does not mean anything. The debt will be closed only after full payment, even if it takes ten years.

Do not confuse the statute of limitations with the period of enforcement proceedings.

We pay without commission

You cannot pay debts without a commission. The exception is the possibility of paying the plaintiff directly by agreement. With minimal costs, you can close the debt through Sberbank or VTB.

All other types of payments, for example, through, are more expensive than everywhere else. This must be taken into account.

Do not forget about the execution fee and the deadline for crediting money to FSSP accounts (seven working days).

Bottom line

If you come to an appointment at the FSSP to talk, do it as friendly as possible. Don't be rude. A bailiff is a person who can make life very difficult. Although his actions are disputed. Or, on the contrary, it can help with debt repayment.

If the debt is fully repaid, the money will be credited to the account within seven working days. Don't forget to inform the bailiff about the payment.
Partial payment is possible only by agreement.
If you cannot or do not want to pay, do not aggravate the situation by visiting the SSP. It's better to leave everything as is.
Installment payment can be obtained by law through court proceedings.
Payment without commission is not possible, only directly to the lender by agreement.

In any case, whether you pay or not, BSC employees play an important role. But ultimately, this is just an obstacle to a debt-free life that can be intelligently bypassed or passed through by picking up the keys to a closed door.

If you have questions or require specialist advice, ask a question in the comments or contact the site’s duty lawyer. We will definitely answer and help.

After a court decision is made, enforcement proceedings pass into the hands of bailiffs. It is for this reason that you need to know how to contact bailiffs and what documents should be provided in order for enforcement proceedings to be opened and the process of collecting funds to begin.

You need to contact the Federal Bailiff Service at your place of residence. You need to provide:

Passport;
Court order;
Copies of all documents that are considered accompanying the court order.

How to contact bailiffs correctly?

First of all, you need to find out exactly where the unit you need is located. There are specialized Internet resources where you can find the contact information you need. We recommend that you call immediately and clarify the opening hours, as well as the time for accepting documents regarding your question. Remember that bailiffs often refuse to give consultations over the phone, and you will have to visit them yourself to resolve any issues that arise.

During your visit to the bailiff, you need to find out all the issues related to the preparation of documents, and also clarify all the data regarding the opening of proceedings and subsequent debt collection.

It is best to make other requests to bailiffs in writing. That is, you write an appeal, and it must be in two copies, submit it to the secretariat, and your document must be assigned an entry number (after registration).

Features of contacting bailiffs

Remember that you can contact the bailiffs not only in case of debt collection, but also in the essence of its payment. That is, debtors also have the right to receive advice on issues of enforcement proceedings, they may be required to provide documents on the basis of which this proceeding was opened, etc. Bailiffs are required to provide data on the details for which the debt is paid, as well as data on the timing of voluntary payment.

If you do not have the opportunity to contact the bailiffs yourself, then you need to send a registered letter with notification. If you will be sending any documents, then you will additionally need to draw up a document about attachment to the letter.

After enforcement proceedings are opened, the case will be supervised by a certain official, to whom you can contact and send official requests, etc. You need to write down all the official’s data immediately in order to simplify the communication process in the future.

Remember that after registering your appeal, bailiffs are given 30 days to consider it. If, after this period, no reaction has occurred, then you can send a complaint about the bailiff’s inaction to higher management.

Juries are a specialized means of investigating a case when the case is complex and confusing. This measure is used exclusively when considering criminal cases...

Often people prefer to separate divorce and alimony litigation. That is, after receiving a divorce, an additional claim for alimony is filed....

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 the 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.

The bailiff calls for an appointment. What happens if you don’t show up when the bailiff calls?

Let’s imagine this situation: you are a debtor and you decide to ignore the bailiff on all fronts. You ignore notices, summonses, do not answer calls, do not show up for appointments. All this can lead to negative consequences in the form of a criminal complaint due to evasion of appearance. A summons is an enforcement action aimed at bringing the debtor to the bailiff department against his will. The drive is not immediately applied; the main condition is ignoring the proper issued challenge.

Free legal advice:

Responsibilities for the implementation of the drive are mainly assigned to the power unit of the service. The bailiff - the executor, as an independent official, is not vested with the authority to carry out a seizure. I had a case in practice. The alimony debtor ignored the bailiff's calls for a long time, coming up with various excuses. One fine day, the bailiff got tired of all this. He made a decision to forcefully bring the debtor. The debtor was caught right at his workplace, surrounded by his colleagues. The person tried to interfere with the lawful activities of people in uniform. It all ended with the use of physical force and the use of special means (handcuffs) against the person. Did they come to you with a drive or do you assume that this could happen? It would be a good idea to check the grounds for applying such a measure to you. Pay attention to the resolution and whether it was approved by the head of the department or his deputy.

How the debtor is notified.

In general, the parties are notified of the commencement of enforcement proceedings not by summons or telegrams, but by a resolution to initiate enforcement proceedings. It is sent by registered mail with acknowledgment of receipt. Thus, the bailiff can set a deadline for the debtor to voluntarily execute the writ of execution. All other actions can be notified by summons or other means mentioned above. Often, bailiffs do not use return notice, but send a summons by simple letter. In my opinion, this is not correct, since the law clearly states that subpoenas must be sent with acknowledgment of delivery (Article 24 of the Law). It is only to the benefit of the debtor if the bailiff neglects this rule. As a result, the imposed drive will easily be considered illegal.

There are no special features regarding the delivery of the summons. Standard procedure. The postman arrives at the place indicated in the notice, usually asking whether such and such lives here? If the person answers positively, then a letter and a return notification are sent to him. It includes a signature indicating receipt of the letter. The date and time of delivery is recorded. Such notice is stored in the materials of enforcement proceedings. But don’t be surprised if your boss comes up to you at work and asks you to sign for a summons. It is legal.

Change of residence of the debtor

In order not to be deprived of the information that is sent to you, it will not be superfluous to make sure that it reaches you. If you do not live at the address specified in the writ of execution and the bailiff sends notices to it, you will be considered duly notified. Notifications received on time will allow you to:

Respond in a timely manner to all actions of the bailiffs;
Make efforts to appeal the actions or inactions of an official;
To properly protect your property, by the way, I described how bailiffs describe property in this article;
In time to submit applications, get acquainted with the materials of the proceedings.

What happens if you refuse to serve a subpoena? Everything is very simple: they will try to hand it over in the presence of attesting witnesses; if you refuse to accept, the attesting witnesses will record it. This will be considered proper service.

Our advice: do not avoid communicating with the bailiff; on the contrary, try to establish contact with him, because we are all human and sometimes good relationships help achieve certain goals.

The law firm "Vertum" has been protecting people from unlawful actions of government officials for a long time. Our company's employees have extensive experience working in government agencies and commercial organizations. This allows you to solve customer problems twice as efficiently. Our office is located in Chelyabinsk, but this does not mean that we cannot help people outside this city! See you again, bye!

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4 comments. Leave new

Hello. There was an accident in 2016, 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. The question is: won’t they impose restrictions on leaving because I didn’t show up? What to do?

Good evening. In order to impose a restriction on travel, you need a legal basis; you cannot do this because you just want to. The legislator provides for a procedure for imposing a ban. The debtor is given a period for voluntary compliance with the requirements of the enforcement document (5 days from the date of receipt of a copy of the resolution to initiate enforcement proceedings). If you do not comply with the requirement within the specified period, the bailiff may apply enforcement measures, including imposing a travel ban. Before establishing a ban, the bailiff takes an explanation from the debtor, collects a package of documents and sends it to the regional department. In practice, the period for establishing a ban is 2-3 months from the moment the proceedings are initiated, but it can happen earlier.

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?

Good afternoon. It’s better to go to an appointment with a bailiff; you won’t be able to hide from him for a long time. They just want to familiarize you with the enforcement proceedings and give you a period (5 days) for the voluntary execution of the enforcement document; in fact, in 5 days you need to pay rubles, if this does not happen, the bailiff has the right to issue a resolution to collect the enforcement fee - 7% of the debt amount. If you received a summons and signed for it and did not appear, then this is bad. In this case, the bailiff has the right to issue a decision on forced arrest. They will simply come to your home and forcefully take you to the department, or they may even come to work.

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Why is the bailiff called?

I am called by a bailiff for an unpaid fine of 500 rubles dated April 8, 2014.

Lawyers' answers (1)

Why are you being called and what awaits you?

You are being summoned because the FSSP service has received a writ of execution.

If necessary, the bailiff takes measures to establish the place of work, study, place of receipt of pension and other income of the debtor, requesting relevant information from the territorial offices of the Pension Fund of the Russian Federation and tax authorities.

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The bailiff sends the following documents to the organization at the place of receipt of income:

a copy of the executive document on the basis of which enforcement proceedings were initiated;

resolution to foreclose on wages and other income of the debtor in the manner provided for in clause 1, part 1, art. 98 of the Law;

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a copy of the resolution on the collection of an administrative fine and costs for carrying out enforcement actions (if such decisions were made within the framework of enforcement proceedings);

a memo for managers and accountants of organizations (enterprises) on the issues of withholding and transferring funds under executive documents (Appendix No. 1).

The bailiff must take into account that the amount of deductions from wages and other income of the debtor cannot exceed 70% (Part 3 of Article 99 of the Law).

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When distributing collected funds, the bailiff must be guided by the provisions of Art. 110 of the Law.

See here for more details:

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Ask our lawyers a question - it’s much faster than looking for a solution.

Tell! The bailiff called, but I can’t come. What will be the administrative penalty?

5. Persons who evade appearing when summoned by a bailiff may be brought in on the basis of a resolution of the bailiff, approved by a senior bailiff.

1) summon the parties to enforcement proceedings (their representatives), other persons in cases provided for by the legislation of the Russian Federation;

4) give instructions to individuals and legal entities to fulfill the requirements contained in executive documents;

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5) enter non-residential premises and storage facilities occupied by the debtor or other persons or belonging to the debtor or other persons for the purpose of executing enforcement documents;

6) with the permission in writing of the senior bailiff (and in the case of execution of a writ of execution on the move-in of the claimant or eviction of the debtor - without the said permission) to enter the residential premises occupied by the debtor without the consent of the debtor;

13) collect enforcement fees and impose fines on the debtor and other persons in cases and in the manner established by this Federal Law;

15) establish temporary restrictions on the debtor’s departure from the Russian Federation;

4. If the actions of a person violating the legislation of the Russian Federation on enforcement proceedings contain signs of a crime, the bailiff submits to the relevant authorities a proposal to bring the said person to criminal liability.

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So bailiffs have plenty of RIGHTS.

The summons must include a telephone number that can be contacted.

Explain the situation. Let them reschedule

Have you received a summons against receipt?

So, the joint venture has rights. but there are also responsibilities. how did he call you?

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if they just threw it in the mailbox, a letter or a summons or something else, but if you did not sign any documents upon receipt, then you can safely say that you did not receive anything, let him try to prove that you received something in your hands (personally)! NOT PROVEN. So, in principle, it’s up to you to decide based on the specific situation of your enforcement proceedings; if there is no threat of seizure of property, then you can drink the blood of the bailiff. If, of course, there is a “tail” behind you, then look for yourself. may result in not very “good” consequences.

The bailiff calls on a writ of execution

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Hello! You need to go to the bailiff and write an application for an installment plan, provide the bailiff with a document confirming your lack of earnings: a work book, a certificate from the employment service. At the same time, submit an application to the court for payment by installments, and on this basis, simultaneously submit an application to the court to suspend the enforcement proceedings. The bailiff will come to the address where the husband is registered and will describe all the property in a row. From the date of the inventory, within 10 days you can submit an application to the court for exclusion of property from the inventory and, on this basis, apply to the court to suspend enforcement proceedings. After these trials, the inventory of property will contain property that will be valued very cheaply, therefore it is possible to order a handwriting examination and, on this basis, suspend enforcement proceedings. For debts, they cannot describe their only home, but the second share of the property can be seized. As long as there is no arrest, you can give your husband his share in your apartment, for example, your children.

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Author's project of Timofey Vasiliev

Hi all! I hope you are not bored reading my new column. Although, even if it’s boring, believe me, you need it. If you suddenly need to participate in enforcement proceedings, no matter on the side of the debtor or on the side of the claimant, my material will allow you to figure out what’s what.

In today’s article I will tell you about perhaps the most controversial element of enforcement proceedings. We will talk about notices and summonses in enforcement proceedings, more specifically:

Free legal advice:

on methods of delivery of subpoenas and notices;
about service of subpoenas;
about a change of address of the debtor during proceedings;
about the consequences of refusing to accept subpoenas;
and, of course, I will answer the question of what happens if you don’t go to the bailiff to receive summonses and other documents.

As you can see, the topic is very relevant, and since many debtors in the first stages of enforcement proceedings make a lot of mistakes that have far-reaching negative consequences:

ignore bailiffs;
refuse to receive correspondence by mail;
do not open the door to serve subpoenas;
do not appear at the bailiff service when called.

Thus, they make the first, and probably the biggest mistake, which is then difficult to correct.

I always tell all my clients, I even strongly recommend: you need to maintain constant contact with the bailiff who is conducting your proceedings, which will allow you to find a common language, and then through joint efforts, through negotiations, you will be able to find the least painful ways to solve problems and resolve debt issues with minimal losses.

Notices and summons of bailiffs

Now I have summarized all my work with debtors and clients, and I will tell you step by step how and what needs to be done, how to receive summonses, and so on. Let's start with notifications and calls.

By the way, I will write mainly about enforcement proceedings from the point of view of the debtor, since the collector is assigned a slightly different role here. As a rule, the claimant independently visits the bailiff in person, by telephone, or by mail correspondence and monitors the progress of enforcement proceedings.

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By and large, the role of the claimant in enforcement proceedings consists of three main actions:

submit a writ of execution to the bailiff service;
provide the bailiff with the details of your current account so that the bailiffs can transfer funds received from the debtor to it;
at the stages of execution (when it comes to the sale of the debtor’s property), if the auction is declared invalid, the bailiff is obliged to offer the property to the collector himself in kind. The claimant has the right to either accept the property to pay off the debt or refuse it.

As part of enforcement proceedings, the bailiff is obliged and has the right:

notify the debtor of the time and place of execution of enforcement actions or enforcement measures;
call the debtor to your bailiff service department.

The bailiff summons the debtors with a summons with notification, and he can do this in several ways:

by letter with acknowledgment of delivery;
telephone message;
by telegram;
through a person who agrees to receive a message for the debtor, if the debtor himself is not at home.

At the same time, the bailiff has quite extensive powers to execute judicial acts. If a judicial act prescribes immediate execution, the bailiff has the right to take enforcement actions or take enforcement measures without prior notice to the debtor. The only thing is that in this case he is obliged to notify the debtor no later than the next working day after these actions are performed. Well, by the fact that he has already performed such and such an action.

Immediate execution of court rulings

When it comes to the seizure of property, not always, but quite often, the courts issue a ruling to secure the claim: to seize the debtor’s property or to prohibit the performance of registration actions. And in most cases, the court prescribes the following phrase in the ruling: this ruling is subject to immediate execution. And this is where it gets interesting. Despite the fact that the court ruling comes into force 15 days after its issuance, and can be appealed within this period, the bailiff is obliged to begin its execution immediately after receiving such a ruling.

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The debtor changed his place of residence

You must understand that all notices that the bailiff is obliged to send to debtors as part of enforcement proceedings are sent to the addresses indicated in the enforcement document. Accordingly, if your claimants, for example a bank, when filing a statement of claim indicated your addresses, which you provided to the bank when applying for a loan, then, accordingly, both the court and the bailiff will operate with precisely these addresses.

If, after a delay occurred, you suddenly changed your place of residence, and then you do not understand why summonses, court decisions and bailiff orders do not arrive at your new address - the answer is simple. Yes, no one simply knows your new address. This is exactly the problem.

Another option. If the bailiff has found out the debtor’s place of work, then such summonses and notices can be sent to the debtor’s place of work. This point was introduced into the article at the end of 2013. Yes, by the way, I’m talking about Article 24 of the Federal Law. If you're interested, check out the source. This article provides for exactly what I always tell my clients, namely, the debtor is obliged to inform the bailiffs in writing about his whereabouts or a change in his place of residence.

This must be done so that the bailiffs send all their notices and summonses to the correct address, where the debtor will receive them. In addition, by providing a new address to the bailiff, you have the opportunity to transfer enforcement proceedings to another district or city or region of the country, to where you actually live.

Important point. If a person evades appearing before a bailiff, a summons may be applied against such a person. This is done by issuing an appropriate resolution. The bailiff approves such a decision with the senior bailiff. In fact, in practice, I have never encountered such cases when bailiffs brought debtors to the department by force. I think this is due to the lack of personnel, heavy workload, and extremely low interest in the proper execution of judicial acts within the time limits provided by law. But, nevertheless, this state of affairs plays into the hands of debtors.

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Delivery of notices and summons to debtors

How are subpoenas and notices delivered? I think I won’t discover America here. If a summons or notice is delivered to the debtor by mail, the date and time of delivery of the summons is recorded on the return notice. It is clear that subpoenas and notices from the bailiff must be sent to debtors by registered mail with notification. In practice, this does not always happen; quite often, bailiffs limit themselves to simple letters without return notice. Again, if subpoenas are delivered by some other type of communication, for example by telegram, then the telegram also assumes the presence of a return notice. I can’t say the same about telephone communications, because getting any notification about a telephone conversation is quite problematic. I'm not even talking about call details and billing. These are technologies of the future as applied to enforcement proceedings.

How is the summons served? Here, too, everything is extremely simple and clear. If there is a citizen-debtor, the summons is served on him personally, and it is necessary to obtain the signature of this citizen on the notification, and this notification is subsequently stored in the materials of enforcement proceedings. If the debtor does not live at the address specified in the writ of execution, the notice is sent to the citizen’s place of residence. You understand that this citizen’s place of residence still needs to be established. Bailiffs do this by sending a request to the address service, which provides information about the place of registration of the debtor.

At what address the debtor is registered - again, this information is not always available in the address bureau. However, there is another nuance associated with the debtor’s place of residence.

The bailiff or another person to whom the bailiff received a summons comes to the debtor’s place of residence, and if the debtor is not there, but there are other people (spouse, relatives, neighbor), then the bailiff has the right to serve the summons or notice to those people who are actually located at the place of residence of the debtor. The only thing is, he has the right to do this only with the consent of the person to whom he decided to serve the summons in the absence of the debtor.

If a person residing at the debtor’s location accepts the summons and signs for its receipt, the debtor himself is considered to have received the summons and been notified.

If you don’t want to get into such an unpleasant situation, I recommend warning your roommates that bailiffs may come to this address and perhaps try to serve a summons on the person they find at home. I repeat, if they accept the summons, this will mean that the debtor himself accepted it. Of course, I don’t entirely agree with this, but you can’t argue with the law. Yes, keep in mind that the recipient of the summons for the debtor must be an adult.

Extreme option: if the bailiff came, but did not find anyone at the debtor’s place of residence, or if the people living there refused to accept the summons instead of the debtor, the bailiff makes a note on the summons that the addressee has left the place of residence and either indicates the new location of the debtor, or makes a note that there is no information about where he left.

Changing the debtor's address during proceedings

What to do if the debtor’s address changes during legal proceedings. If during enforcement proceedings the debtor changes his place of residence, he is obliged to inform the bailiff about this. If he has not done this, all summonses are sent to the last known place of residence and the debtor, in this case, will be considered notified even if he does not actually live or be located there. This is Article 28 if anything.

The presence of the debtor at home at the time of the bailiff's visit does not guarantee the fact that the debtor will agree to accept the summons. The debtor may not open the door, he may open the door but not pick up the summons, and so on. A fairly common situation. In such cases, the bailiff makes an appropriate note on the summons and such a summons is sent to the materials of enforcement proceedings.

But, you are probably more interested in what consequences such an action has for the debtor. Don’t go to grandma here, these are rather negative consequences:

if the addressee refuses to receive the summons, he is still considered to have been duly notified;
the debtor received a postal notification that a registered letter was waiting for him at the post office, most likely with a summons from the bailiff, but he did not show up at the post office to receive the letter. In this case, the debtor is also considered notified, because failure to appear at the post office is already his problem;
what I talked about when changing my place of residence. If the summons is sent to the last known place of residence, but the debtor does not live there, it is considered that the debtor has violated his duty to inform the bailiff.

By the way, the same rule provides for the possibility of notifying debtors by e-mail. But the bailiff must, at a minimum, know the debtor’s email address.

In March 2015, changes were made to this article, more specifically to paragraph 2 of part 4 of article 29, according to which the debtor is considered notified if the bailiff sent him a summons or notice in the form of an electronic document signed with a qualified digital signature. I repeat, to do this, the bailiff must know at least the email address and he must have confirmation that this address belongs to the debtor and not to anyone else. I have no idea yet how they will track this.

This is what today’s article turned out to be. I think you will find here answers to numerous questions like: “Why did the bailiff come to my home to describe the property if I had not previously received any summons?”, “Why did the bailiff come to describe the property at the address where I no longer live?”, “I refused to receive the summons, but the bailiff still came and described the property?”, “How to appeal his actions?” and so on.

You have finally learned exactly how the bailiff delivers summonses, in which cases the summons is considered received, and the debtor is considered notified of a particular event. That’s all for today, tomorrow we’ll talk about initiating enforcement proceedings.

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14 comments on “Notices and summonses in enforcement proceedings”

If only our laws were still observed as they should be observed.

October 7th, 2016 at 9:38 pm

What can I say, you understand everything yourself.

Timofey, thank you very much for your work of educating the population on protection from various kinds of legal “ambushes”; I am not a lawyer myself, but in addition to my work, I read your articles very often!

October 12th, 2016 at 10:49 pm

Thank you for your feedback, Anton. Glad you find useful information!

It’s clear to me why, if I was not personally given a notice, I am considered notified!

I was assigned an enforcement fee, since the deadline for voluntarily paying the fine to the traffic police had expired. How could I know about this? I was not notified! Is there an article about how exactly they should notify? How can I avoid paying the performance fee?

January 24th, 2017 at 10:18 pm

Everything is described in detail in the article - if you didn’t come to the post office to receive a letter, it means you didn’t want to. It is clear that notification methods are not ideal. But there is no other way. If you simply do not open the door and go to the post office for letters, they will never be able to notify you))) Find out from the bailiff exactly how he sent the letter, what was returned to him from the post office, and so on. You can challenge the enforcement fee, but you need to prove that you did not receive the letter for good reasons or due to the fault of the bailiff.

Good afternoon. Please explain the actions of the SSP if: when receiving a loan, you indicated your place of residence according to your registration (with your parents, the apartment is not owned), you are now unemployed, you have been discharged from your parents “nowhere”, there is no other property. What will the BSCs do? it has not yet reached the court.

March 21st, 2017 at 12:35 am

Bailiffs carry out execution at the last known place of residence. But, if you are discharged, and the apartment is not the property of your parents, I think there will be no problems, and the bailiff will not describe the parents’ property.

And I was found (sort of like a summons) without a seal, but with a stamp. It was stuck in the door. I haven't seen her myself yet. It states that I must appear at the SSP. The address is correct. I checked. But the enforcement proceedings at the FSS are not against me.

July 11th, 2017 at 10:58 pm

You can call the department and find out if there is an individual entrepreneur in relation to you, but in general the debtor database is updated up to date.

I ask for advice: Enforcement Proceedings have been initiated, dated 05/25/2017, for the collection of amounts under a loan agreement, credit agreement, based on the Court Order of the Magistrate, dated 03/10/2017.

We learned about this decision of the Court by accident - we received an SMS from the bank on our phone, inviting us to contact the SSP. We independently, via the Internet, found out that such a Case exists, there are notices and calls regarding the Case or to be expected and is in production. But we do not have the text of these documents on hand.

However, neither the Judge nor the Bailiff, at the present time, i.e. 07/04/2017, did not notify the debtor by mail or in any other way about the initiation of the Case and Proceedings.

Question: should we, independently, in personal presence, demand from the Judge and the Bailiff, notifications in the prescribed way, thereby delaying the notification of the start of the IP, because deadlines for filing claims, etc. limited from the date of notification of the debtor about legal actions?

It is necessary to clarify that communication with the Bailiff cannot be accomplished - the bailiff’s phone number indicated in the SSP does not answer, although we have been making calls several times a day, for a week now.

Thus, we are not formally notified of the enforcement proceedings, although in fact they are being carried out. Are sanctions against us possible?

July 11th, 2017 at 2:46 pm

You can cancel the court order. As for the execution proceedings, the bailiff may have sent you orders and notices. If he has such a register, then, even if you did not receive anything, formally, he fulfilled his obligation to notify.

Hello, please tell me how often can a bailiff call me for an appointment? Today I visited them and they told me that I would go to them every day, is this legal?

November 24th, 2017 at 9:14 am

It's not about the frequency of calls, but about the reasons. If he carries out enforcement actions, then he must call you. If he just wants to take up your time, then this is a violation of your rights and you can write a complaint against him.

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