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Effective debt collection by court decision. Collection of debt from LLC under a writ of execution Collection of funds under a writ of execution

The debt collection procedure by court decision is resorted to when debtors do not fulfill their obligations. They do not pay themselves, although there is a court decision. Statistics give disappointing results: after receiving a court decision, debts are voluntarily paid in 20% of cases. The bailiffs “help” to repay the debt, but even in this case the debt is returned only in 30% of cases. How to collect the debt from the remaining 50%? This is a forced procedure regulated by Federal Laws No. 118 and No. 229. This process involves bailiffs who monitor and control the correct execution of the procedure.

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Who are bailiffs

A bailiff is an official who is subordinate to the court and ensures that its orders and decisions are carried out, even if compliance is forced. The officials in question are divided into several categories:

  1. Bailiffs who ensure the established order of judicial work.
  2. Bailiffs.

The procedure for debt collection by bailiffs is carried out by the executors. These specialists are engaged in the recovery of debts of various types. Again, returning to the statistics:

  • administrative violations such as traffic police fines - 65%;
  • credit debts, alimony, taxes, utilities - 35%.

Their main task is to repay the debt in full or by dividing it into several payments. But do everything possible to ensure that the injured party gets their money back.

The procedure for bailiffs to collect debt

Let's look at how bailiffs work with debtors, dividing the process into stages:

  1. Enforcement proceedings begin and a decision is made. To begin the procedure, you need a written application from the claimant and a writ of execution. On their basis, the bailiff initiates enforcement proceedings. A resolution will appear in a maximum of 6 days.
  2. The resolution is sent to the defaulter and the collector. The document specifies the period for voluntary repayment of the debt. Usually this is 5 days from the date of receipt of the document.

  1. Search for the property of the defaulter. Bailiffs send requests to the traffic police, cadastre, Rostechnadzor and other authorities to determine what is in the property of the defaulter. This is how apartments, houses, land, cars and other valuable property are found.
  2. Ensure the integrity of things while collection is taking place. When all valuable items have been found, they need to be preserved, because the defaulter may want to sell them, etc. Therefore, prohibitions are placed on objects so that the debtor cannot dispose of them.
  3. The debtor is prohibited from leaving the Russian Federation. This is done if the defaulter, whose debt amount is more than 10 thousand rubles, does not return it, but can leave the country.
  4. Debt collection. Depending on the financial capabilities of the debtor, money can be withdrawn in different ways. For example, deducted from the salary, debited from the account, received from the sale of property, etc.
  5. Compensation for enforcement fees. If the debtor ignored the writ of execution, he needs to compensate the fee. This is 7% of the debt (provided that the resulting amount is more than 1 thousand) for individuals and 10 thousand for individual entrepreneurs.
  6. End of Spanish production.

This procedure for collecting debts by court decision is classic.

Powers and duties of bailiffs

The powers of bailiffs in debt collection are directly related to their official status. The country's chief bailiff manages the FSSP, ordinary professionals are authorized by the court:

  • take away the debtor’s income, but not more than half;
  • place the borrower’s property under arrest (if he does not return the money, the property will be sold and the debt will be compensated);
  • seize and transfer property to the claimant;
  • take away the debtor's belongings transferred to third parties;
  • seize the borrower's accounts, securities and other assets;
  • take away rights;
  • prohibit leaving the country.

The responsibilities of specialists are:

  • preparation and provision of documents that both conflicting parties will become familiar with;
  • working with personal data of the parties;
  • registration of self-recusal if the bailiff has a non-professional interest in the affairs;
  • acceptance and consideration of the parties' motions, explanation of its points and description of the deadlines;
  • preparing and sending messages to the senior bailiff;
  • Submission of wanted notices for debtors.

Responsibilities must be fulfilled without question. If a specialist cannot cope with them, he may well be removed.

Carrying out a property description

Before collecting a debt by a bailiff by a court decision, a specialist must carry out a description of the debtor’s property. But there are nuances here. Property is described if the borrower does not have accounts or there is no money in them that could cover the debt.

This step will be required if the property is seized. Before this happens, each item is described and recorded in the act. The inventory begins after 5 days from the date of receipt of the documents.

The size of the described property must be commensurate with the debt that will be collected.

To control this, an act is drawn up containing the following information:

  • Full names of persons present during the inventory;
  • the full name of things, their distinctive features, preliminary assessments;
  • note of seizure;
  • the person to whom the items were transferred for storage and his address;
  • a note indicating that the debtor has received information about the arrest;
  • bailiffs' signatures.

The bailiff carries out an inventory, but the debtor can protect himself by inviting a lawyer who will not allow the rights of the borrower to be violated.

Features of enforcement proceedings

Returning the debt of a person who does not want to return anything is a complex process, so it is important to follow the procedure for collecting debts by bailiffs.

Like any procedure, this process has certain features. It is aimed at persons who work, have income and property. But what if the debtor is a minor, he does not have his own things and a source of income? In this case, collecting debts from individuals becomes difficult.

Let's take a closer look at the features:

  1. Enforcement proceedings are the guarantor of the correct and timely execution of judicial acts that protect the violated rights, freedoms and interests of people and legal entities.
  2. Compulsory execution is an analogue of production in an administrative process and is carried out by court representatives.
  3. Another feature is the composition of the participants. This includes the bailiff and representatives of federal executive authorities.

Enforcement proceedings begin after the claimant’s application, but there are situations when this application is not required. This is also a feature of this process.

Sequence of debt collection

Decisions on debt collection are made by authorized bodies, but they are not the ones who distribute the money. If the debtor has several debt obligations, the order of debt collection and satisfaction of claims must be observed. This is especially important if there is obviously not enough money to satisfy all the requirements:

  1. Alimony, compensation related to work activity, in case of harm to health or life. At the death of breadwinners. To compensate for damage caused by criminal means. Compensation for moral damage.
  2. Payments of severance pay, salaries, if an employment contract has been drawn up. Royalties and payment for intellectual work.
  3. Payment of payments to the budget and extra-budgetary funds.
  4. Compensation for other incurred obligations.

The transition to a new queue of payments is carried out only after all previous ones have been paid.

What can bailiffs take to settle a debt?

During judicial proceedings, almost any property that is the personal property of the debtor or in which he has a share (such as company shares, etc.) can be taken away. It would take too long to list what can be taken away, but the list of untouchable property is much shorter. Therefore, we list the things that remain unquestioningly with the debtor:

  • if the borrower lives in an apartment or house and this is his only living space, it will not be touched (as well as the land on which the house stands);
  • items that will be needed for professional activities;
  • things that are home furnishings;
  • personal items (clothing, hygiene items, etc.);
  • money (living wage for all family members who are supported);
  • fuel for heating, cooking, etc.;
  • disabled person's vehicles (stroller);
  • seeds for future sowing;
  • livestock - subject to personal use and not business;
  • buildings where these animals are kept;
  • state awards, memorial signs belonging to the debtor.

But there are also caveats. For example, even the only real estate will be taken away if this property was purchased with a mortgage or pledged to a bank. And if personal belongings include luxurious fur coats and jewelry, they will also be confiscated.

As for property for work, it will be left if the cost of the equipment is no more than a hundred minimum wages. For example, if a musician works on an expensive piano worth about a million dollars, such an instrument may be confiscated.

Even seeds and plants, if expensive, may be taken away after being considered a luxury, especially if they are not considered a source of income.

Can bailiffs withhold part of a pension?

Debts can be paid from any pension:

  • social;
  • insurance;
  • labor;
  • on state support;
  • cumulative.

Only the survivor's pension, state benefits, funeral benefits, and pensions for victims of radiation or man-made disasters remain untouchable. And also money allocated for medicines.

As for the amount of deduction, it depends on the amounts received. Typically the amount withheld is no more than 50%. But there are situations when the limit increases to 70%:

  1. The debtor injured his health.
  2. Committed a crime that resulted in a debt.
  3. Pays compensation to people who have lost their breadwinner.

Your pension account may be seized. The debtor is warned about this, so he must pay off the debt himself. If there is no reaction, a trial is held where the issue of account seizure is considered. If the decision is positive, the account will be frozen.

How long can bailiffs carry out collections?

After a court decision on collection, it is important to comply with the following deadlines:

  1. 3 years. The countdown begins from the day the court decision comes into force.
  2. 2 years. If we consider administrative violations, the court decision on which has entered into force.
  3. The period for which payments are awarded.

The limitation period for a writ of execution is officially three years. During this period, you can report violated rights. An interested party who is late may not get their money back.

When enforcement proceedings are launched, the requirements outlined in it must be fulfilled within two months. But various situations are described:

  • The sheet provides for the immediate implementation of the requirements described in it. They begin to execute it on the same day when the document reaches the bailiff service.
  • The sheet may be returned and enforcement proceedings may not be opened. But this requires a compelling reason. For example, the debtor has no income and property.

Specialists return the document no later than three days from the date of receipt. They can be resubmitted only after six months. But the number of repeated requests is not limited.

What to do if it is impossible to collect a debt

The debt may not be compensated, especially if the debtor does not have money or things to sell. If compensation has not occurred, you can try to do something.

Request information about the progress of production. The response must describe the measures taken to locate the debtor's property and what debts were repaid (if any). The request form is available on the State Services website. You can take the form in person or send it by mail.

If there is no answer or it turns out that the actions were insufficient, you can complain about the bailiff’s inaction. The complaint is sent to the Bailiff Service or the Prosecutor's Office if there is criminal intent. You can also file a lawsuit.

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The creditor's appeal to the court to collect the debt under the writ of execution is an extreme case, the occurrence of which is likely only if the borrower refuses to voluntarily repay the loan.

What is a writ of execution

A writ of execution is a document issued on the basis of a court decision and judicial acts that are subject to execution. According to Article No. 428 of the Code of Civil Procedure of the Russian Federation, the sheet is issued to the bailiffs, the plaintiff and the defendant in the case on the day it comes into force, except in cases where it is subject to immediate execution. The writ of execution states:

  • court address;
  • court case number;
  • date of issue of the sheet and its entry into force;
  • information about the defendant (borrower) and the creditor (creditor).

Before the court decision comes into force, the writ of execution is considered invalid and cannot be the basis for forced collection of debt.

Grounds for initiating enforcement proceedings

The reason for the lender to go to court is most often the borrower’s violation of the terms of the agreement, which implies:

  • lack of loan servicing for more than 90 days;
  • the borrower's avoidance of contact with representatives of the credit institution.

The creditor's right to sue is determined by the articles of Federal Law No. 229. The purpose of the statement of claim is to confirm the existence of a debt through the court and the right to claim it. This gives grounds for involving bailiffs in debt repayment, who have tools for forced collection, while bank employees or collectors can only carry out explanatory work with the borrower. Just as the creditor has the right to file an application in court, the client has the right to challenge its legality by filing an objection to the claim.

Objection to the lawsuit

The objection is filed within 14 days from the date of entry into force of the court decision or signing of the writ of execution. It states:

  • address of the court to which the application is addressed;
  • information about the parties to the dispute;
  • number of the case and writ of execution;
  • arguments for objections to the material or procedural part of the claim.

To confirm the validity of the objection to the lawsuit, you will need to provide documents, receipts and certificates confirming:

  • illegality of the creditor's claims;
  • procedural violations when filing a claim,
  • inability to fulfill the terms of the writ of execution due to difficult financial situation or other reasons.

In order for the court to consider the application of the defendant (borrower), an evidentiary base must be selected for it, for the collection of which it is best to use the services of a lawyer.

Termination of the writ of execution

Often during the trial, the need for a writ of execution disappears for a number of reasons, including:

  • conclusion of a peace agreement by the parties to the dispute;
  • the desire of the plaintiff (creditor) to suspend the debt collection procedure;
  • inability to contact the client and establish his location;
  • the inability to seize the borrower's income and financial assets, or confiscate his property due to the lack of such;
  • expiration of the statute of limitations.

It is worth mentioning that the opening of enforcement proceedings after the limitation period is an offense, and the borrower can challenge it by filing an objection in court. The limitation period for debts of individuals is 3 years, after the expiration of which the loan agreement loses legal force, and the creditor’s claim is not subject to consideration in court, as determined by Article 196 of the Civil Code of the Russian Federation.

What happens if you ignore the writ of execution

The presence of a writ of execution allows bailiffs to forcibly collect loan debt using the following methods:

  • seizure of bank accounts;
  • freezing of deposits and financial assets;
  • confiscation of movable and immovable property.

According to Article of Federal Law No. 118, bailiffs can also forcibly bring the borrower to court for a hearing if he refuses to appear there voluntarily. This implies a number of sanctions against persistent defaulters, which involve a ban:

  • to open a bank account;
  • for the purchase of real estate;
  • to travel outside the city, region or region;
  • to travel outside of Russia.

These are extreme measures that can be used to collect debt in a lawsuit, therefore it is in the interests of the borrower to negotiate with the creditor at the pre-trial stage or enter into a settlement agreement through the court.

Often, an accountant is faced with the need to withhold from an employee’s income the amount of his debt or other payments in favor of third parties. In practice, deductions based on writs of execution are most common. Let's consider the features of registration and accounting of deductions under a writ of execution.

Deductions under a writ of execution (form and samples of approval forms; order of the Ministry of Finance of Russia dated June 17, 2009 No. 237) are regulated by the following regulations:

  • Law " " ((hereinafter referred to as Law No. 229-FZ));
  • Methodological recommendations on the procedure for fulfilling the requirements of executive documents on the collection of alimony ((hereinafter referred to as the Methodological Recommendations)).

The writ of execution can be received by the organization both from the claimant himself, in whose favor the deductions should be made, and from the bailiff.

So, the claimant sends a document on collection:

  • periodic payments (for example, for the purpose of compensation for harm to health);
  • funds not exceeding 25,000 rubles ().

In this case, simultaneously with the writ of execution, the claimant must submit an application () indicating information (in particular, bank details), without which the employer cannot make deductions.

The bailiff forecloses on the wages and other income of the debtor employee:

  • according to enforcement documents containing requirements for the collection of periodic payments (for example, alimony);
  • when collecting an amount not exceeding 10,000 rubles;
  • in the absence or insufficiency of the debtor's funds and other property to fulfill the requirements of the writ of execution in full ().

IMPORTANT

Without the mandatory details provided for by law (), the writ of execution is invalid. The accountant has no right to make deductions on it.

Let's consider the procedure for withholding on writs of execution sent to organizations by bailiffs, since this is the most common case in practice.

When the writ of execution was received

The company learns about the foreclosure of wages and other income of its employee by receiving a resolution in the form approved by the Federal Bailiff Service of Russia (k) (hereinafter referred to as the Resolution). Also attached to it:

  • a copy of the writ of execution;
  • resolution on the collection of enforcement fees;
  • bank details for transferring withheld amounts.

Let us note that if the writ of execution was received by the organization by mistake (for example, the person indicated in it was never listed on its staff), then, in the author’s opinion, the document must be returned to the sender as soon as possible. Although the requirement to return “someone else’s” writ of execution is not established by law, it does provide for the obligation to immediately return the document in relation to, for example, a dismissed employee ().

As for the organization of document flow of writs of execution, no clear legislative norms have been established regarding their recording and storage. However, for the loss of a writ of execution or for its untimely sending (for example, upon dismissal of an employee), as well as for failure to comply with the requirements thereunder, the company and its officials may be fined in amounts from 50,000 to 100,000 rubles and from 15,000 to 20,000 rubles respectively ().

Control over the correctness of deductions according to writs of execution sent to the debtor’s place of work is carried out by a bailiff through inspections of organizations ().

Thus, in order to reduce the risk of claims from the FSSP of Russia, it is necessary to properly organize the recording and storage of writs of execution and appoint persons responsible for their registration, storage and execution. The memo approved in (hereinafter referred to as the Memo) can help with this.

Even before receiving the first writ of execution, the company should:

  • appoint an employee responsible for receiving, processing and storing executive documents;
  • develop and approve forms for registers of incoming correspondence and writs of execution;
  • approve the procedure for document flow of writs of execution and document forms.

Upon receipt of the Decree, you must do the following.

Register it in a special journal (the form of the journal is not currently approved, so the company has the right to develop it independently ()). As an example, you can use the old form of the log of registration of writs of execution (approved).

Fill out and send to the bailiff specified in the Resolution a tear-off counterfoil (notice for enforcement proceedings), thus confirming that the writ of execution has been received and accepted for execution. Please note that the deadline for returning a notice is not established by law. At the same time, the Memo states that it must be returned on the day of delivery. In the notification, a note is made about the receipt of the writ of execution (incoming number and date), and the telephone number is indicated. The chief accountant also puts his signature. The document is certified with the seal of the organization.

Familiarize the debtor employee with the contents of the writ of execution against signature ( ; ).

Submit the registered Resolution to the accountant responsible for payroll for signature.

Store the Resolution as a document of strict accountability (in a safe) ().

As noted above, when dismissing a debtor employee, you should “immediately inform the bailiff and (or) the collector about this and return them the writ of execution with a note on the penalties made” ().

The concept “immediately” is not defined in any regulatory act. At the same time, the provisions indicate that the employer is obliged to do this within three days (when collecting alimony) (,). The author believes that the same period should be adhered to when returning other executive documents.

In this case, the writ of execution must contain a note about the deductions made (it is certified with the seal of the organization and the signature of the official who is entrusted with the responsibility for drawing up writs of execution by order), containing the following data ():

  • the amount of funds withheld;
  • payment order (receipt) number;
  • transfer date;
  • balance of debt.

The writ of execution is sent to the territorial department of bailiffs of the FSSP of Russia with a covering letter by registered mail. The claimant is simultaneously notified of the movement of the writ of execution. The procedure for notifying the creditor has not been approved, however, when sending him a letter with notification of receipt, the company retains proof of the notification.

General procedure for withholding under a writ of execution

The deduction of funds from the salary and other income of the debtor employee begins from the date of receipt of the Resolution ().

The company should submit the writ of execution to the accountant in a timely manner - before salaries are calculated and payments are made. If the Resolution is received after the next payment for the period in which deductions should be made, then they are made from the payments of the next period.

Together with the Resolution on the collection of alimony, a decree may be received on the collection of arrears (if any) (). That is, amounts that were not withheld before receiving the writ of execution are withheld from the employee’s salary on the basis of this separate writ of execution. It provides a calculation of the amount of debt.

EXAMPLE

On April 27, 2017, the company received a writ of execution - a decree from a bailiff to collect alimony. The resolution states that alimony must be withheld from April 2017. Wages for the first half of April have already been paid to the debtor.
In this situation, the employer is obliged to withhold alimony starting from the employee’s salary for the second half of April and only in the amount specified in the writ of execution.

Deductions are made each time income is paid to an employee, taking into account the requirements given below.


Calculation of deduction according to writ of execution

As a general rule, deductions from wages made by the employer due to the rights granted to him cannot exceed 20 percent ().

However, when deductions are made under writs of execution, more than 50 percent of wages and other income cannot be withheld from the employee until the collected amounts are fully repaid ( ; ; ).

When collecting alimony for minor children, compensation for harm caused to health, compensation for harm in connection with the death of a breadwinner and compensation for damage caused by a crime, the withholding cannot exceed 70 percent ( ; ).

The amount of deduction is calculated from net income, that is, after personal income tax ().

When calculating personal income tax, it must be taken into account that an employee paying child support has the right to provide him with a standard tax deduction (;).

When determining the basis for calculating alimony, the income from which it is withheld is reduced only by the amount of personal income tax that is part of this income.

EXAMPLE

The company received two orders from the bailiff service for one employee: the first - on the collection of child support in the amount of 25% of the salary, the second - on the collection of tax sanctions in the amount of 50% of the salary. The company is the employee's main place of work. The debt on property taxes is 10,200 rubles.

For April 2017, the employee received a salary of 12,000 rubles. The amount of personal income tax subject to withholding is equal to:

12,000 rub. x 13% = 1560 rub.

The amount of withholding under the first writ of execution was:

(12,000 rub. - 1,560 rub.) x 25% = 2,610 rub.

The amount of recovery under the second writ of execution is 50%:

(12,000 rub. - 1,560 rub.) x 50% = 5,220 rub.

This is the maximum possible amount of deductions for this type of claim. However, given that 25% of the salary must be withheld as alimony, in order to pay off tax debts, no more should be withheld:

(RUB 12,000 - RUB 1,560) x 50% - RUB 2,610 = 2610 rub.

The remaining debt on the second sheet in the amount of 2610 rubles. (5220 - 2610) must be withheld in the following months after alimony is withheld.


Restrictions on deductions under a writ of execution

Withholding of alimony for the maintenance of minor children is made from all types of wages (monetary remuneration, maintenance) and additional remuneration that parents receive in cash (rubles or foreign currency) and in kind (List of types of wages and other income from which alimony is withheld for minor children, approved).

However, recovery cannot be applied to a closed list of types of income of the debtor (), in particular:

  • for sums of money paid in compensation for harm caused to health;
  • sums of money paid in compensation for damage in connection with the death of the breadwinner;
  • compensation payments established by the labor legislation of the Russian Federation (in connection with a business trip, transfer, employment or assignment to work in another locality; amounts of money paid by the organization in connection with the birth of a child, death of relatives, registration of marriage, etc.);
  • insurance coverage for compulsory social insurance, with the exception of old-age pensions, disability pensions and temporary disability benefits;
  • benefits to citizens with children, paid from the federal budget, state extra-budgetary funds, budgets of constituent entities of the Russian Federation and local budgets;
  • maternal (family) capital funds provided for by the Federal Law “On additional measures of state support for families with children” ();
  • the amount of one-time financial assistance paid from the federal budget, budgets of constituent entities of the Russian Federation and local budgets, extra-budgetary funds, and other sources;
  • the amount of full or partial compensation for the cost of vouchers (except for tourists) paid by employers to their employees and (or) members of their families, disabled people who do not work in the organization, to sanatorium-resort and health-improving institutions located on the territory of the Russian Federation, as well as the amount of full or partial compensation the cost of vouchers for children under 16 years of age to sanatorium-resort and health-improving institutions located on the territory of the Russian Federation.

In addition, deductions are not made:

  • from amounts of income that are calculated solely for the purpose of calculating personal income tax (for example, despite the fact that material benefit is a type of income (), it is not included in the base for withholding penalties; this follows from the very definition of material benefit recognized as income solely for the purposes of );
  • from income received by a citizen outside of connection with his economic activities, in particular, during one-time transactions for the sale of real estate (apartment, land, garden house, etc.) ().

IMPORTANT

Expenses for transferring money under writs of execution (bank commissions, postal transfer fees) must be paid at the expense of the employee ( ; ). In this case, the restrictions on the amount of deductions from wages discussed above do not apply.


The order of deductions according to the writ of execution

When withholding funds under several writs of execution issued to one employee, it is necessary to follow the order of satisfying the claims of the claimants ():

  • first of all, satisfy demands for the collection of alimony, compensation for harm caused to health, compensation for harm in connection with the death of the breadwinner, compensation for damage caused by a crime, as well as claims for compensation for moral damage;
  • secondly, requirements for the payment of severance pay and wages of persons working (who worked) under an employment contract, as well as for the payment of remuneration to the authors of the results of intellectual activity;
  • the third - requirements for mandatory payments to the budget and extra-budgetary funds.

All other requirements are satisfied last.

In this case, the requirements of each subsequent queue are satisfied after the debt to the previous queue is repaid in full. If there are several writs of execution from different collectors, the deductions of one queue within the maximum amount of deduction are distributed among all collectors of this queue in proportion to the amounts due to them ().

Indexation of deductions by writ of execution

Periodic payments established in a fixed amount (not as a percentage of wages) are subject to indexation. Thus, established periodic payments paid in order to compensate for harm caused to life or health, under a lifelong maintenance agreement, etc., are indexed in the manner established by the legislation of the Russian Federation. The organization should issue an order (instruction) regarding such indexation, on the basis of which the accounting department will carry out indexation ().

In addition, alimony determined in a fixed monetary amount ( ; ) is indexed. If they are paid under an agreement on their payment, then indexation is carried out in accordance with this agreement ().

If alimony is collected by court decision in a fixed amount, then indexation is made in proportion to the increase in the legal minimum subsistence level for the specific region in which the claimant lives. Indexation is carried out in proportion to the increase in the cost of living for the corresponding socio-demographic group of the population established in the corresponding subject of the Russian Federation at the place of residence of the claimant. If there is no established subsistence level in a constituent entity of the Russian Federation, it is necessary to take data on it for the Russian Federation as a whole ().

IMPORTANT

The employer is obliged to index the amounts withheld from the employee, established in a fixed monetary amount, even in the absence of a special indication of this in the writ of execution or the order of the bailiff (;).

Persons paying wages or other periodic payments to the debtor are obliged to transfer the withheld funds to the claimant within three days from the date of payment. In this case, no taxes need to be withheld from the transferred amounts.

Thus, the company receiving the Decree must:

  • monthly, starting from the date of receipt of the Resolution, withhold amounts from the wages and (or) other income of the debtor;
  • make payments to the claimant no later than three days from the date of payment of wages and (or) income;
  • transfer (transfer) them at the expense of the debtor;
  • within three days, inform the bailiff and the collector about the dismissal of the debtor, about his new place of work or residence, if known, and also return the writ of execution to the bailiff department with a note on the deductions made;
  • when collecting alimony by court decision in a fixed sum of money, index the alimony in proportion to the increase in the minimum wage established for a particular region.

EXAMPLE

The company received two writs of execution for one employee:
- the first - to withhold alimony for a minor child in the amount of 25% of income;
- the second - for the maintenance of the spouse until the child reaches the age of three - in the amount of the subsistence minimum for the subject of the Russian Federation in which she lives.

In total, deductions under these two enforcement documents will amount to more than 50% of the debtor’s income after withholding personal income tax.

Thus, for April 2017, the employee received a salary in the amount of 24,000 rubles.

Amount of income after personal income tax withholding:

24,000 rub. - 24,000 rub. x 13% = 20,880 rub.

The amount of deductions under the first writ of execution is:

RUB 20,880 x 25% = 5220 rub.

Let us assume that the cost of living for the working population as of April 2017 is 9,962 rubles.

The amount of deductions for both writs of execution will be equal to:

9962 + 5220 = 15,182 rubles,

that is, more than half of the debtor’s income (more than 10,440 rubles). Since both requirements are satisfied first, each must be partially satisfied.

According to the first writ of execution:

(5220: 15,182 x 10,440) = 3,589.57 rubles,

according to the second:

(9962: 15,182 x 10,440) = 6850.43 rubles.

Olga Tkach, expert of the Legal Consulting Service GARANT

Ways to track status for those whose debtor is a legal entity or individual entrepreneur:

  • call 8 800 100 84 90 (free),

  • notifications to the phone number from your application.

Tracking methods for those whose debtor is an individual:

  • letters to the postal address specified in the application.

Claimants who submitted a writ of execution to the FSSP, and not directly to Sberbank, can obtain a certificate by calling 8 800 250 39 32 and 8 495 870 95 50 (line for the Moscow region).

Why can’t I check the status of the writ of execution on the bank’s website?

The reasons may be:

  • you entered the document number incorrectly,

  • one working day has not passed since the filing of the writ of execution,

  • The last time the document status changed was more than 4 months ago - old documents are not stored in the database.

How to revoke an executive document?

Bring the document to your application for revocation. You need to take your passport with you. After checking the application, which takes up to seven working days, the bank will send the original document of execution to the postal address specified in the application.

FAQ

How to start the collection process?

Debt collection is carried out by the Federal Bailiff Service (FSSP). You can go there with a writ of execution - it gives you the right to execute a decision of a court or other body to collect a debt. The FSSP will begin enforcement proceedings and, if necessary, contact the bank.

If your debtor is a client of Sberbank, you can contact the bank directly, bypassing the FSSP. Come to any of them with the original document of execution, passport and application according to the sample:

  • from ,
  • from .

The application may be submitted by a representative of the claimant. Then you will also need a power of attorney certified by a notary. If the claimant is a legal entity, the head of the organization can certify the power of attorney.

Is it possible to provide a copy of the writ of execution to Sberbank?

No, Sberbank only accepts originals of executive documents. The same rule applies to other banks. Therefore, you won’t be able to contact several banks at the same time on your own.

When submitting a writ of execution to the bailiffs, collection will be carried out on all banks in which the debtor has accounts, until the requirements are fully met.

What to do if the bank refuses to fulfill the requirements?

The bank may refuse to fulfill the requirements if there is something wrong with the documents - for example, the application does not contain the details or they are incorrect. In this case, you can correct the errors and submit the set of documents again.

The reason for the refusal may also be that the debtor does not have an account with Sberbank. Then you should contact another bank or the bailiff service.

You can find out the exact reason for the refusal from the covering letter, which the bank will send along with the original document of execution to the postal address specified in the application.

How long does it take to collect a debt?

In what order are money debited from the debtor’s account?

If there is not enough money in the account to pay all claims, debits will be made in order of priority.

  • First of all, money is distributed for compensation for harm to life and health, as well as for alimony.
  • Secondly, money is written off according to executive documents related to severance pay, salaries and remunerations of the authors of the results of intellectual activity.
  • Thirdly - according to payment documents for salaries and for transfers to the budget.
  • The fourth stage is for payment of documents requiring the fulfillment of other financial requirements.
  • Finally, the fifth is needed to conduct financial transactions using other payment documents.

More details about each queue are in the text of the law. Within each queue, write-offs are made in the calendar order in which documents are received.

What to do if money is collected even though the debt has been paid?

Contact the authority that issued the executive document. You can find out which authority it was in Sberbank Business Online on the page of the account from which the money was written off. When contacting the authority, you will need to provide proof of payment.

How is an arrest lifted?

The arrest will be lifted if the writ of execution is revoked. To influence this, contact the person who sent the writ of execution to the bank or made the arrest decision. The procedure and set of documents you will need may be different in each specific case. The bank cannot influence decisions on arrest and its removal.

Debt collection under a writ of execution from a legal writ is a set of measures aimed at the debtor in order to force him to fulfill his obligations under the contract. Since methods of debt collection under a writ of execution provide for refusal of voluntary repayment of debt, they include measures of forced debt collection and for this reason are strictly regulated by current legislation. We will analyze the features and nuances of debt collection under a writ of execution in our article.

What is a writ of execution, when and how do you receive it?

A writ of execution is a document of the established form, which is issued by the judicial authority considering the case of debt collection and gives the right to the plaintiff and bailiffs to take measures aimed at:

  • collection of debt under a writ of execution from a legal entity forcibly after a decision in the case is made;
  • securing claims during the consideration of a dispute in court.

After the court has made a decision, a writ of execution may be issued immediately after the court decision enters into legal force at the request of the plaintiff. The purpose of the document is to collect the debt at the expense of the property and funds of the obligor.

When securing claims, a writ of execution serves as a guarantee that the plaintiff’s demands, if satisfied by the court, can actually be fulfilled. For this reason, such writs of execution are not a document against which a debt can be claimed. The purpose of the document is to prohibit the defendant from disposing of property and funds. Applications for securing a claim are accepted by the court from the moment the proceedings begin until the decision is made.

A writ of execution may also impose obligations on third parties if the plaintiff’s funds are in their possession by agreement with the defendant.

Methods of collection under a writ of execution


You can collect debt from a legal entity either independently or with the help of a bailiff service. Each method has its own advantages and disadvantages. When collecting the debt independently, the plaintiff saves time, since if there are funds in the defendant’s account, the procedure for forced collection of the debt takes no more than 10 days, whereas when initiating enforcement proceedings, the bailiff will only accept the application within 3 and begin proceedings on it and 2 months are provided for forced execution, unless a different period is specified in the court decision. The main disadvantage of independent debt collection is the limitation of the plaintiff’s ability to obtain the necessary information about the defendant’s property, if the legal entity does not have money in the account, and to carry out other methods of enforcement of a court decision provided for by law. Seizure and foreclosure of the debtor's property can only be carried out by order of bailiffs or a court.

Independent collection under a writ of execution

Independent debt collection involves the creditor contacting a financial organization serving the legal entity to foreclose on the debtor's funds in favor of the creditor. Information about the current account may be contained in an agreement concluded between the parties. If there are no funds in the account or it is not being serviced, then to obtain current details you can refer to the following sources of information:

  1. The official website of the company, as a rule, in the “Contacts” or “Details” section contains information about the details, including account numbers.
  2. The website of the Federal Tax Service in the section “Unified Register of Small and Medium Businesses” in the search line you must enter the OGRN or ORGNIP of the legal entity. There you can also find out information about the territorial tax authority in the section “Information on registration with the tax authority,” which you can contact for information.
  3. Court case materials, which contain official documents of the enterprise provided by the defendant during court proceedings. For example, for payment of examinations or a power of attorney issued to a representative.
  4. Specialized websites containing information about ongoing tenders or trades in which the defendant may participate based on his field of activity.
  5. The official website of the unified registration of legal entities https://egrul.nalog.ru/index.html

In addition, you can use the services provided by the tax service and make a request and receive up-to-date information about the legal entity.

Contacting the tax office to obtain information about the debtor’s accounts


The right to contact the Federal Tax Service is provided for in Part 8 of Art. 69 No. 229-FZ. To do this, you must send a request, accompanied by a certified copy of the writ of execution. The request can be sent by registered mail with notification, or via the Internet, if the applicant has a qualified electronic signature. Using a request, you can find out information about:

  • banks and other credit organizations in which the debtor’s accounts are opened;
  • account numbers, amount of funds and their movement both in rubles and in foreign currency;
  • other valuables in storage.

You should be aware that such information is confidential and the tax office may refuse to provide it. In such a situation, you can resolve the problem by contacting the bailiff service.

Contacting banks where the debtor has accounts

After receiving information about current accounts, in accordance with Article 8 No. 229-FZ, the plaintiff has the right to submit an application to banks and credit organizations servicing the debtor. The statement states:

  1. Full name, TIN and passport details of the applicant.
  2. Details of the defendant’s bank account from which the debit will be made and details of the recipient.

A certified copy of the writ of execution is attached to the application. According to Article 70 of the above law, the bank is obliged to make a write-off within 3 days. If there is any doubt about the reliability of the information, the financial organization has the right to verify it within 7 days, but the debtor’s account is “frozen”.

If the funds are not enough, you can wait until the account is replenished or contact another credit institution that services the legal entity.

Collection under a writ of execution by bailiffs.


You can contact the bailiff service immediately after receiving a writ of execution, or you can even after you have failed to collect the debt yourself. It is necessary to take into account that the statute of limitations for a claim is 3 years. To initiate legal proceedings, the plaintiff must submit an application to the bailiff service at the place where the court decision was executed. A writ of execution is attached to the appeal. In addition, documents containing information about the debtor’s funds and property can be attached to the application.

What does a bailiff do?

After receiving an application from the plaintiff and checking the data contained in it, the bailiff must issue a ruling on:

  • initiation of enforcement proceedings;
  • refusal and return of documents in accordance with Art. 31 No. 229-FZ.

Within the framework of enforcement proceedings, the official conducting the case has the right:

  1. Oblige the defendant to provide all information about the state of his bank accounts and property. In case of refusal or false information, penalties may be imposed on the offender.
  2. Send requests to any state, municipal and private institutions in order to obtain information about the debtor’s funds and property.
  3. Carry out a search for the debtor and his property.
  4. Seize the property and funds of a legal entity.
  5. Make a decision to foreclose on the debtor’s property and funds.

You should know that the bailiff is an official and all his actions are regulated by laws and by-laws.

How to speed up recovery of IL by a bailiff?


According to Art. 36 No. 229-FZ, the general period for carrying out enforcement proceedings for debt collection is 2 months. However, legislation or a court decision considering the case may provide for a special period. So in some cases the decision must be implemented immediately, and in others with a delay in implementation. In addition, the period of enforcement proceedings may be interrupted, for example, when appealing the bailiff's decision in court.

In order to speed up the procedure for collecting debt under a writ of execution by bailiffs, the plaintiff must actively participate in the process:

  • contact the contractor with requests to take the necessary actions;
  • provide information about the debtor, if available, and provide any other assistance to speed up obtaining a result;
  • Constantly monitor the progress of enforcement proceedings.

If the bailiff ignores the statements and petitions of the creditor, then his inaction can be appealed to a higher authority and the court.

What to do if the bailiff was unable to recover funds within a year?

The writ of execution can be used for 3 years. If, after the period specified by law, the enforcement proceedings are completed due to the lack of property to collect the debt, then you can submit the application again, if there is information about the emergence of funds or property from the legal entity.

However, in practice, legal entities that have debts and are unable to meet their obligations are declared bankrupt. Therefore, if during enforcement proceedings for debt collection it turns out that the company’s accounts are not active and there is no property, then the best option would be to initiate bankruptcy proceedings.

Initiation of bankruptcy proceedings


The bankruptcy procedure can be initiated by the debtor himself, state fiscal authorities or creditors. The procedure involves filing an application with the arbitration court. It is important to know that the process of declaring a legal entity bankrupt is regulated by a special federal law “On Insolvency (Bankruptcy)” and takes a fairly long period of time.

The first stage of the bankruptcy procedure is called observation and consists, among other things, in identifying creditors. As a rule, such companies have several creditors and the best option is to obtain information about the beginning of the bankruptcy procedure at the very beginning. You can find out such information from the enforcement service, since during the insolvency process all measures of enforcement proceedings are carried out only through the arbitration authority leading the case.

Bringing founders to subsidiary liability

As a general rule, the founders of a legal entity are not liable with their property for the obligations and debts of the company. However, recent changes in legislation make it possible to hold such persons accountable in the event of:

  1. A court decision to declare a legal entity bankrupt.
  2. Recognition in court of the founder as a person who controlled the activities of the company.
  3. The presence of such person's guilt in bankruptcy.

The issue of bringing to liability is resolved in court, after the bankruptcy procedure. In this case, the applicant is not required to prove the guilt of the founders. But the defendant must prove his innocence.

Foreclosure of a share in the authorized capital

Foreclosure of a share in the authorized capital is provided for in Art. 25 No. 14-FZ for limited liability companies only if the debtor is a member of the LLC and he, as an individual, has an outstanding debt. In such cases, the collection of debt under a writ of execution from a legal entity means that the company pays the cost of the share or part thereof. Since the share refers to valuable property, when collecting a debt from a person who has a share in the LLC, foreclosure may be brought against him in the absence of other opportunities for the payer to answer for the obligations.