Today, a huge problem in our society is debt loads. The courts are inundated with demands from creditors for repayment. Debtors must remember that penalties, fines, and interest are not the only waste in the event of debt collection through the court. There is an enforcement fee of bailiffs. This is what will be discussed further.
Concept
The enforcement fee of the bailiffs is another sanction against the debtor for late repayment. Its nature is simple: it is a kind of payment to the state for the work of bailiffs if the decision is not carried out.
The enforcement fee of bailiffs is considered a punitive measure. At the same time, it gives an additional incentive to fulfill all the requirements of the court on your own, because otherwise you will have to pay more than the court ordered.
Resolution
The resolution on the collection of the enforcement fee contains all the necessary information: the name of the bailiff department, information about the decision made, details for payment, the appeal procedure. It is issued if the debtor fails to comply with the requirements of the writ of execution within a voluntary period. By law, he must be informed in writing about the decision. In practice, unfortunately, this is often violated.
Conditions
There must be two conditions under which a decision is made on the decision to collect the enforcement fee:
- Failure to comply on time.
- Lack of evidence of impossibility of execution.
Voluntary compliance with requirements
The enforcement fee may not be assigned if the debtor voluntarily complied with the requirements within the time limits established by the bailiffs. It should be understood that this applies only to those who came to the bailiffs for the first time. What does it mean? The fact is that, according to the law, it will be returned to the creditor if the debtor physically does not have property that can be recovered. However, this does not mean that the first one does not have the opportunity to apply again. In this case, an enforcement fee will definitely be assigned.
5 days are allotted for voluntary execution. During this time, the debtor can comply with the court's requirements and avoid additional costs. Weekends and holidays are not taken into account. You also need to know that the debtor must be properly notified of the writ of execution in one of the following ways:
- Personal departure.
- SMS, phone.
- Postal correspondence with notification.
If the debtor refused to accept a registered letter, this will not help him avoid sanctions. By law, he will be considered officially notified. What is the amount of the performance fee? More on this later.
Enforcement fee of bailiffs: size
The fee is 7% of the amount collected. This is a very impressive percentage. Let's assume that the debtor is awarded half a million. The fee will be 35 thousand rubles. For small amounts the following minimum amounts apply:
- 1000 thousand rubles - for individuals;
- 10 thousand rubles - for legal entities.
Other amounts for non-property claims. They cannot be assessed and, accordingly, it is impossible to collect interest. In this case you will have to pay:
- 5 thousand rubles - to individuals.
- 50 thousand rubles - to organizations.
Collection of enforcement fees
The bailiff must notify the debtor that proceedings are being conducted against him. This is often not followed. People complain that money is withdrawn from their bank cards without warning. They didn’t move anywhere, lived at the same address, and didn’t change jobs or bank accounts. However, the bailiffs still did not warn them properly and blocked the accounts. Please be aware that such actions are illegal.
Before collection, bailiffs must ensure that:
- the debtor was given a period to voluntarily comply with the court decision, but it expired;
- there is evidence that the debtor knows about the resolution;
- the debtor did not provide any evidence of the reasons why he was unable to comply with the requirements.
The enforcement fee of bailiffs is appointed by a separate resolution. The debtor must also be notified about it in the prescribed manner. It is important to know that no one is obliged to hire detectives and look for a person to serve the document. According to the Law, a citizen is considered notified if a note is received that postal employees tried to deliver the correspondence in person, but for some reason this was not possible. Our citizens mistakenly believe that if they do not receive the letter in person, the notification is invalid. If the debtor wants to avoid unnecessary financial waste, then he must take all measures to control his incoming correspondence.
There are justifiable cases where the fee is not charged. Let's look at them further.
Valid cases of exemption from the fee
The enforcement fee is not collected in the following cases:
- force majeure;
- when granting a deferment.
The last point raises no questions for anyone. What does force majeure mean? What falls under this concept?
This refers to circumstances that precluded the possibility of paying. For example, a flood. A person lives in special climatic conditions in which the likelihood of flooding is high. The roads are washed out, people are caught in the elements. In this case, this circumstance will fall under the concept of “force majeure”. Do not forget about the importance of proving circumstances that are valid. There are some cases when the subject is completely exempt from this payment. Let's look at them further.
No performance fee
The following situations are exempt from the fee:
- Upon re-presentation. It follows from this that it is unlawful to present the collection to the same writ of execution several times.
- Acts on interim measures.
- Resolutions related to compensation of bailiffs' expenses.
- Requests related to the search for children.
How to appeal decisions
It is important to understand that all bailiffs cannot be appealed in the order of subordination. This means that it is useless to contact the senior bailiff about the legal document itself. Of course, higher authorities will consider illegal actions or inactions, but decisions already adopted will not be canceled. Therefore, you will have to appeal the document itself regarding the obligation to pay the enforcement fee only in court.
How to reduce your fee
You can legally reduce the amount. There may be several reasons for this:
- The debtor repaid part of the debt after the court decision, but before the initiation of proceedings based on the writ of execution.
- The debtor repaid part of the debt during the voluntary repayment period.
- By the tribunal's decision.
The court has the right to reduce the amount of the fee. To do this, you will need to prove that there were reasons that prevented you from paying the debt on time. For example, serious illness, injury. It is important to know that the debtor is obliged to pay immediately after treatment. A difficult financial situation is not a significant reason for reducing the amount of the fee.
Conclusion
So, we have examined the concept of enforcement fees and determined the amounts for property and non-property disputes. They explained which cases are exempt from the fee. The performance fee can be legally reduced.