How to remove debt from bailiffs. Loan debt collection - rights and obligations of bailiffs

14.12.2023

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;

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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 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.

In Russia, the implementation of a court decision is entrusted to bailiffs. It is the employees of this service who collect debts and other obligations after the completion of the trial. The work of bailiffs is regulated in detail by law, but it is not actually stated how long bailiffs can collect a debt. The collection process depends on the individual circumstances of the case and the debtor’s desire to repay the obligations.

How bailiffs carry out collections

The work of bailiffs in the Russian Federation is specified by the norms of Federal Law No. 229-FZ. According to the provisions of the law, in order to collect a debt, bailiffs must follow the following procedural order:

Wait for the court decision to come into force.
In the absence of an appeal, the period for the entry into force of a judicial act is 10 days.
Present the writ of execution to the bailiffs.
As a general rule, the time limit for filing claims is three years. And if the term is restored, the period is three months.
Next comes the stage of opening enforcement proceedings.
The period for initiating proceedings is three days from the date of the claimant's application.
Period for voluntary repayment
The debtor has it after the opening of proceedings. When paying off obligations at this time, commissions for the bailiff are not taken into account. Duration - 30 days.
The debtor may extend the period for performance.
For this purpose, an application is prepared and sent to the bailiffs.
Compulsory proceedings.
It begins at the end of the voluntary compliance period. The powers of bailiffs to collect debts are quite large. The bailiff requests information about the financial situation of the debtor and makes a decision on the forced deduction of funds from the amount of income - salary.
Identifying the source of income.
The resolution is sent to the place of work where part of the income is withheld.
Open bidding.
If there is no source of income to pay off the debt, the property is described and then sold at an open auction.
Redemption.
Commissions are deducted from the amount of funds received from the sale of confiscated property. Afterwards, the funds are transferred to the claimant in the amount indicated in the court decision.

As can be seen from the algorithm of work of bailiffs, the process of debt collection can be delayed if the location of the debtor is unknown, or there is no income and property for forced sale.

Confiscation of property during collection

Can bailiffs seize a car for debts unrelated to the purchase of a car? Yes they can. Citizens are liable with all their property in the event of debt obligations. It does not matter whether the property is collateral under a specific loan agreement, the collection of which is carried out. However, items that are encumbered cannot be confiscated and, as a result, sold without the consent of the creditor. Also, property that the debtor only uses but does not own is not subject to confiscation.

How to speed up the process

The lender is interested in receiving money faster. To do this, a number of actions can be taken to speed up the work of the bailiff.

Monitor compliance with deadlines. It happens that the application to initiate proceedings remains under consideration by the bailiff longer than the three-day period specified by law.
Provide assistance in identifying the debtor’s sources of income.
Provide information about the location of the debtor: places of permanent residence and work.
If there is a risk of the debtor selling the property, insist on arrest. Seizure of property is not a mandatory measure in enforcement proceedings.

As a general rule, a two-month period for collection is established (Article 36 of Law No. 229-FZ). But in practice, enforcement proceedings can last for years. If facts of the bailiff's inaction or illegal actions are revealed, his actions can be appealed. Complaints are sent to the senior bailiff or to the court.

Debt reset

Formally, there is no legal norm according to which bailiffs can forgive a debt and close the proceedings. Debt write-off is carried out by the debt collector - for example, a bank. However, in the absence of the debtor or his property, the bailiff issues a special order to terminate the proceedings. After a decision is made to terminate the case, the debt is recognized as uncollectible. A prerequisite for issuing such a resolution is that the bailiff takes all measures for collection. The actions taken must be ineffective.

According to the position of the Ministry of Justice of the Russian Federation, the hopelessness of a debt and the issuance of a decision to stop proceedings only mean the fact of the impossibility of collecting the debt in a specific time period. The obligation itself is not extinguished. If circumstances change, collection may be made. The right to repay debt obligations is vested in the creditor - the collector.

Initiation of enforcement proceedings on a loan (IP) means that the bank went to court with a demand to collect the loan debt, and the court, in turn, decided to satisfy the claim. A court decision can take the form of a court order (simplified form) or a decision. In the first case, the order is also an executive document. In the second case, to initiate an IP, in addition to the decision, a writ of execution issued by the court that made the decision on recovery is required. Today we will talk about what to do if enforcement proceedings have been initiated on a loan.

Issues of interaction with bailiffs

Bailiffs have a wide range of powers to take measures to enforce debt collection. However, as a rule, the defendant is given some time to voluntarily repay the debt, often slightly exceeding the period established by law. In any case, if an IP has already been initiated, you can proceed as follows:

Come to the bailiff in charge of the case and discuss the current situation. This is a more effective option than starting a correspondence or avoiding contact altogether. When you visit the bailiff, most likely, you will be required to explain the circumstances of the case and your readiness/unwillingness to voluntarily repay the debt. From the bailiff you can obtain the necessary explanations, an explanation of rights and obligations, as well as a copy of the resolution on the initiation of an individual entrepreneur - FSSP employees are required to provide all this.
If it is not possible to immediately repay the debt, you should prepare yourself for a constructive dialogue with the bailiff and decide on the issue of granting a deferment or installment plan for repaying the debt.
To obtain an installment plan/deferment, you must contact the court that made the decision on the case with a corresponding application. Going to court in itself can give you some time to resolve your financial problems. Usually, the courts agree to satisfy the request of debtors if the latter provide convincing evidence of a difficult financial situation, the presence of temporary financial difficulties and similar situations that do not allow repaying the entire debt at once. A good result of going to court can be a deferment or installment plan set for 6-12 months. True, much depends on the amount of debt and the persuasiveness of the arguments. If you want to get an installment plan, you need to think through the payment scheme and its rationale in advance. To obtain a deferment, it is advisable to prepare convincing arguments in favor of the fact that after a certain period of time you will be able to repay the debt in full.

What to do if the bailiffs have started forcible collection

If the bailiffs have begun active efforts to collect the debt, it is necessary to proceed from the exact measures they took. But anyway the debtor has the right:

Submit petitions to the bailiff, make statements asking to suspend or terminate the application of a certain penalty measure, to ensure its execution or to limit the rights of the debtor.
File complaints about the actions (inaction), decisions of the bailiff to his management or to a higher authority.
Appeal (challenge) the actions (inactions) and decisions of the bailiff in court.

Of course, if the actions of the bailiffs are legal, it is impossible to change anything. It is necessary to be prepared in advance for the fact that property and funds, including bank accounts, will be seized. Bailiffs can restrict travel abroad, temporarily deprive a driver’s license, and take measures to withhold part of the funds to pay off the debt from the salary. In fact, only those who do not have property that could be seized or who receive unofficial income will not feel any special changes in their lives.

If enforcement proceedings have been initiated against you regarding a loan, and you do not know what to do in this situation in order to get out of it with minimal losses, then our online duty lawyer is ready to advise you for free. You can describe your situation and ask a question in the form below.

After the decision was made, only those who left the building ships banks, usually make an attempt to get the full amount loan debt straightaway. To achieve this, a number of actions are taken in the form of telephone conversations between a bank representative and the debtor, during which the main argument is intimidation by the actions of bailiffs. Since many myths are spread about bailiffs, we will dwell a little on these actions in this article.

If you were not afraid of the stories of collectors and bank representatives about how evil bailiffs would come to your apartment tomorrow and take everything out of it, including your toothbrush, and then take away the apartment itself, then, in principle, you did the right thing. Firstly, bailiffs are required to work within the framework of current legislation, which clearly states that it is impossible to foreclose on items necessary for work, on the debtor’s personal property and on his only place of residence. This way, you can immediately eliminate the fear of losing your only home and ending up on the street. Throughout history courts on loans This has never happened before. Unless, of course, the apartment is the subject of a mortgage dispute or was not collateral for the loan provided. Even those who won court banks, if it was not possible to apply psychological pressure, they are again forced to act within the framework of the law. How, within the framework of the current legislation, does interaction with bailiffs proceed and what can be done in the current situation?

For banks to turn a court decision into enforcement proceedings, on average it takes from four to six months. And when your writ of execution reaches the bailiff, the first thing he will do is take it somewhere far away. His further actions directly depend on the activity of a particular bank. That is, how often does the bank have the opportunity to send its representative to visit the bailiffs. We hope that you understand that any actions of the bank to knock out credit debts entail serious economic expenses, such as the salaries of bank employees involved in the recovery of overdue loan debts, transportation costs, government duties and other expense items. That is, for the bank there is a price for each repaid loan debt. And in some cases, collecting credit debt is not economically feasible. But banks still take some actions, and the bailiffs’ reaction to attempts by bank employees to force them to work will be the following actions.

Firstly, you will be prohibited from traveling outside the Russian Federation. We hope that this circumstance will not be the most tragic for you in this entire story. Especially, in this case, as always, there are some nuances that are well known to loan lawyers. Secondly, accounts located in Sberbank, and occasionally in other banks, will be seized. This is where the activity of the bailiffs usually ends. From the point of view of the authorities inspecting them, they did their job. Further, if bank representatives take an active position, the bailiff may begin searching for the source of your income through the Pension Fund. It is believed that bailiffs can (and will) withhold half of your official income, but by law not half, but not more than half. Which, you see, has some differences. This could, for example, be 40 or 30 percent at the discretion of the judge, to whom you can provide a reasoned justification for your income and expenses, that is, fix the amount that you can pay monthly as part of enforcement proceedings until you repay the entire loan debt in full. Thus, you can get an installment plan to repay your loan debt, making repayment more comfortable for yourself. If your financial situation at the moment does not allow you to pay any amounts at all (this also happens), then there is the possibility of suspending enforcement proceedings or its complete termination due to the impossibility of execution.

It happens that bailiffs sometimes get to the debtor’s apartment in order to visit it and inventory the property. Why sometimes? Because there are few bailiffs, but they have a lot to do. And debts on bank loans are not a priority compared to, for example, alimony. We often hear from our clients that they were scared that the bailiffs would break down the door. This is theoretically possible, but the likelihood of practically encountering this, alas, is zero. This is due to the fact that the bailiff must then ensure the safety of the property in the apartment, which means that he will be responsible for the safety of the property. As you understand, they don’t need such happiness for nothing.

If you are not satisfied with the actions of the bailiff, then you have every right to appeal his actions. To whom to complain and as is usually indicated in any FSSP, something like this.

How to challenge the inventory? To do this, it is enough to present to the court evidence that the things included in the inventory belong to other people, and they will be excluded from the inventory. You need to make an entry in the protocol that the things do not belong to you, having previously indicated this to the bailiff.

We also advise you not to accept the described property for safekeeping against signature. Because from the moment of signing you bear full responsibility for the safety of the property, even criminal liability. And without signing, responsibility for safety lies entirely with the bailiff. At the same time, they usually have nowhere to take their property.

You should not allow witnesses or bank representatives to wander around your apartment or tell the bailiff what he should describe from the property. It is necessary to immediately record this in the protocol. It is your right.

If necessary, you will be told in more detail about interaction with bailiffs during your consultation. What should be understood is that there is nothing particularly terrible about the fact of initiating enforcement proceedings. You must use your rights and professional services in a timely manner. credit lawyers, to arrange monthly payments that are comfortable for you in court credit debt.

Also, from July 1, 2015, debtors whose total debt exceeds 500 thousand rubles. got the opportunity to start the procedure bankruptcy. Due to the lack of judicial practice on this issue, we cannot say anything definite yet, but we keep our finger on the pulse all the time, and our credit lawyers will take part in this process from the very first cases to bankruptcy of individuals on the territory of the Russian Federation.

How to negotiate with bailiffs to pay the debt in installments, perhaps, inveterate debtors know very well. And we will tell you how to do this in accordance with all standards and requirements.

When a loan debt is transferred to bailiffs for enforcement, many debtors are interested in how to negotiate with the bailiff on installment payment. This pressing issue is connected, first of all, with the fact that not all borrowers are able to repay their existing debt in an instant, especially if it amounts to more than one hundred thousand rubles. Based on the provisions of Federal Law No. 229, bailiffs can seize the property and funds (income) of the debtor to pay off the debt if the latter does not fulfill the demands of the executor on time.

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In the provisions of paragraph 12 of Art. 30 of this law states that as soon as the debtor receives a resolution to initiate enforcement proceedings, he can pay the debt on a voluntary basis within five days. If this is not done, the provisions of Article 69 may be applied and the bailiffs will begin search activities aimed at searching for material assets, property, and income of the borrower. In addition, they are authorized to prohibit a debtor citizen from traveling outside the state or restrict other special rights. To avoid these troubles, it will be useful for the debtor to know how to get an installment plan and pay off the debt in installments according to an acceptable schedule.

Debtor's actions

What a borrower definitely shouldn’t do is isolate himself and avoid contact with bailiffs, hoping that in this way he can get rid of the loan debt. Such behavior will only aggravate the situation and then it will no longer be possible to agree on an installment plan. Therefore, to successfully resolve the issue, it is better to use the right granted by the legislator. Namely, Article 203 of the Code of Civil Procedure of the Russian Federation provides that participants in the process can receive an installment plan to fulfill the requirements of a court decision and pay the debt in installments. To realize this possibility, the debtor must apply to the court with a corresponding application. This method is considered the most optimal for repaying loan debt and will avoid financial and property losses.

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If the debtor receives an installment plan, his credit debt will be divided into parts. During the allotted period for repayment, the borrower should not be afraid of the use of compulsory collection measures by bailiffs, since they do not have the right to do so on the basis of Part 2 of Article 37 of the Federal Law “On Enforcement Proceedings”.

What to do to get an installment plan

If the borrower understands in advance that the amount of the debt is too large to be repaid in full, then it is strictly not recommended to wait for the bailiffs to visit in order to agree with them on an installment payment, as this will only waste time. The correct way is to appeal to the judicial authority, which made a decision to collect the debt in favor of the creditor. The debtor must draw up an application requesting the opportunity to pay the debt in installments. This right is provided for in Art. 434 Code of Civil Procedure of the Russian Federation. Moreover, it is better to do this immediately after receiving the decision to initiate enforcement proceedings, until the five-day period for voluntary execution has expired.

What to write in the application

Based on Article 434 of the Code of Civil Procedure of the Russian Federation, not only debtors can apply for an installment plan. Bailiffs and collectors also have this right. When considering the issue, the court first of all pays attention to the circumstances that make it difficult to comply with the requirements of executive acts. Therefore, in order to receive an installment plan, it is important to state your request in a reasoned manner.

The application must be submitted in writing and must contain the following information:

the date of the court's decision, which determined the collection of debt under loan obligations;
amount to be repaid;
indicate when the decision came into force;
name the parties to the case;
clearly formulate the circumstances that make it difficult to pay off the debt in a lump sum, so it is necessary to obtain an installment plan;
repayment terms, amount of monthly payments;
date, signature. If the interests of the debtor are represented by a human rights defender, you must attach a copy of the power of attorney.

Common reasons for which you can apply for an installment plan:

dependents are supported;
lack of permanent work;
expensive treatment;
unstable financial situation;
other grounds from which the material insolvency of the debtor is determined.

Of course, all the reasons stated in the application must be documented.

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Attachments to the application:

copies of statements for participants (executor, claimant, guarantors);
documentary evidence;
You can draw up a schedule based on your financial capabilities, according to which the debt will be paid to the creditor.

If the borrower does not independently provide a schedule, then the court determines the procedure, terms and monthly amounts based on the case materials, taking into account the opinions of the parties.

Review results

Based on the results of consideration of the application, the judicial authority issues a decision by which:

satisfies the petition - the debtor managed to obtain an installment plan for the specified period;
refuses to satisfy the requirements due to insufficient justification. In such circumstances, enforcement measures will be applied to the borrower.

If the issue is resolved positively, the debtor’s main task is to regularly make payments according to the established installment schedule. Then neither the creditor nor the executors have the right to demand that the borrower repay the debt ahead of schedule or in amounts other than those determined by the court.

Installment plan under a settlement agreement

In order to prevent the initiation of enforcement proceedings, even at the stage of legal proceedings, the borrower can try to negotiate with the lender on the provision of installment plans for loan obligations. This method is implemented by concluding a settlement agreement between the parties on the basis of Article 39 of the Code of Civil Procedure of Russia. And if enforcement proceedings have already been opened, then, guided by Article 50 of Federal Law No. 229, the debtor and creditor can also apply to the court to approve the settlement agreement. If the participants reach conditions that suit everyone and do not violate anyone’s interests, the court will approve such an agreement.