How to make the bailiff work on the writ of execution? What needs to be done for this? These are the questions that many exactors ask, who, after handing over the writ of execution to the bailiffs, never received the money collected in court from another person. There are several options for solving this problem. You will learn about all this in the process of familiarizing yourself with the article below.
Small introduction
How to make the bailiff work on the writ of execution is one of the most pressing issues that worries many discerning individuals.
It is not a secret for anyone that hundreds and even several thousand cases are in the process of processing a single bailiff, especially if the FSF is located in a big city. The latter simply does not have time to timely collect all the necessary information about the debtors and start work.
Nevertheless, the bailiff, after receiving the writ of execution and all necessary documents, is obligated to initiate proceedings and send requests for establishing the accounts and property of the debtor, as well as through the tax authorities to find out the place of labor of the latter.
What to do if the collector appealed to the bailiff, who does not have information on the case? It is necessary to write a complaint addressed to the head of the FSSP department. In the event that this does not help, then to the prosecutor's office and to the court.
For information
Not everyone knows how to make the bailiff work on the writ of execution. First you need to find out which particular bailiff is in charge. This information can be obtained both at a personal reception in the Federal Security Service, in the department where documents are received, and through the bank of enforcement proceedings on the website of the bailiff service in your region.
In order for the executive office work not to stand still and have any results, the bailiff needs to be constantly slowed down (to call, write complaints, come in person and annoy him almost every day). As practice shows, it is in this case that the collector has at least a small chance to get part of the amount from the debtor, especially if the latter does not want to voluntarily repay the debt. This must be taken into account.
Interesting
How do bailiffs work on a writ of execution? After the document arrives in the FSSP department, it is immediately transferred to the head of the unit. It is the chief of the bailiffs who decides who will be involved in the enforcement proceedings. This is only in his competence.
Within three days after the bailiff receives the writ of execution and the documents attached to it from the claimant, the latter initiates enforcement proceedings and notifies the parties thereof. The debtor at the call of the official must appear to give explanations about the payment of debt, for example, alimony. In the case when the latter does not arrive at the set time, it will be subjected to drive.
How to make a bailiff work on a writ of execution if he refuses to look for a debtor who does not pay by court order? In this case, you need to write a complaint to the prosecutor's office, in which to indicate the inaction of the latter for a long time.
The most interesting thing is that the deadline for fulfilling the requirements of the writ of execution is only two months, unless a different time period is established by law. Then the bailiff can finish the proceedings and return the document back to the exactor.
What to do
A citizen who wants to receive the funds recovered from the debtor by a court decision in his favor can do his best to help the enforcement proceedings. This does not mean that the collector should guard the latter on the street or near the house and demand payment of money. Of course not.
Nevertheless, if the collector from any of the acquaintances finds out any information about the debtor, he can inform the bailiff about it. For example, the ex-husband does not pay child support and does not work anywhere, but, despite this, he bought himself a new car. Situations are different, but any information relating to the property of the debtor must be reported to the bailiff. Moreover, if this can significantly accelerate the process of debt collection.
general characteristics
This is how court bailiffs work on the writ of execution. It is not a secret for anyone that the activities of officials are a very long and laborious process of discovering the property of a debtor and foreclosing it. Nevertheless, if there is nothing to take from the latter, he does not have official work, funds and property, then the bailiffs close the enforcement proceedings and return the writ of execution to the claimant. The latter can again apply to the FSSP only after six months. This is the order.
FAQ
Are there specific deadlines for bailiffs to work on a writ of execution? This is a very topical issue.
So, if we turn to the norms of the current legislation, we can see that the latter must carry out all the necessary actions aimed at fulfilling the requirements by a court decision in a period of not more than two months. However, in practice this period is often delayed.
If the question is about collecting child support, then the terms are completely different. The proceedings can only be completed when the child is 18 years old.
What is the order of bailiffs on the writ of execution? After receiving the document, production is initiated. In addition, the bailiff makes an official request to state bodies in order to find out if the debtor has property, cash, a place of work and personal transport. Without obtaining such information, it simply will not work to continue further work on enforcement proceedings. It is very good if the debtor officially works or has his own business, bank accounts with savings. In this case, it would not be difficult for the bailiff to collect court debt from him.
Do I need to write complaints
What to do to the collector if he cannot receive the collected money from the debtor? Do I need to write complaints about the bailiff, or is it still not worth it? If an official is inactive and does nothing to enforce a court decision, then it is worth appealing his actions to the head of the FSSP department. As practice shows, after such a request by the collector, bailiffs begin to work quickly and try to influence the debtor so that he begins to pay money to pay off the debt.
It is possible that the process will go even faster if you write a complaint about a bailiff to the prosecutor's office and the court. Officials are very afraid of this and do not want to have trouble at work.
Moreover, if the bailiff does not want to execute the court decision and avoids doing his job, then he can be attracted under article 315 of the Criminal Code. Therefore, if necessary, complain about the officials need. After all, there are practically no chances to receive funds recovered in court if the employee is inactive. Moreover, if the debtor refuses to pay. This must be remembered.
The best option for debt collection
It is very good if the debtor has a permanent job with a stable income. In this case, you can easily recover the necessary amount of debt from him, albeit not immediately, but after some time.
The question immediately arises when do bailiffs send a writ of execution to the work of the debtor? The answer here is quite simple - after the employee finds out the place of work of the latter. The debtor will be deducted from the salary a certain amount. Most often it is 50% of the total income. In the case of child support for one child, this amount is 25% of the salary, for two - 33%. Three or more children are held 50% of the salary.
In certain cases, when it comes to payments related to the death of the breadwinner or the recovery of non-pecuniary damage, these payments amount to even up to 70% of the debtor's income. This is necessary to know when calculating the amount.
About everything
The principle of work of bailiffs on the writ of execution is that the requirements contained in such a document must be met within the time period established by law. It cannot be otherwise in this case.
In the event that the debtor does not try to execute the court decision for any reason or evades obligations, this completely means that the bailiff is not doing his job well enough. It is possible that the latter has already done everything possible within the framework of the powers entrusted to him. But if there is nothing to recover from the debtor, then the bailiff is forced to close the proceedings even with debts. This is spelled out in law.
Seizure of property
The work of the bailiffs on the writ of execution consists primarily in encouraging the debtor to voluntarily and forcibly pay all the debt by a court decision. Law-abiding citizens do not hide from officials and do not evade obligations imposed. Nevertheless, if the debtor has nothing, then what remains to the bailiff to do? Only seize property at the place of residence of the latter.
Of course, children’s toys and basic necessities are not subject to inventory, but a TV and other expensive audio and video equipment is most often taken as a payment of debt.
What if the described things do not belong to the debtor? Need to provide evidence. According to the law, property can be released from custody only in a judicial proceeding. This means that the owner of the described property must file a lawsuit with the justice authorities. In this case, there is no need to pay state duty.
Conclusion
The work of bailiffs on the writ of execution is often complicated by the fact that there is simply nothing to recover from the debtor. He has neither cash nor property that can be enforced. Therefore, officials are forced to end production even with large debts.
Nevertheless, for the work of bailiffs, the debtor is also charged with a performance fee, which is at least seven percent of the debt, but not less than a thousand rubles.
If the recoverer wants the bailiff to work on enforcement proceedings, then he needs to constantly remind himself. It is necessary to regularly come to the department of the FSSP and demand information from the official on the progress of the case. Indeed, it can take a very long time to wait for the execution of a court decision, especially if the debtor himself pays monthly, albeit small amounts. It is necessary to write complaints addressed to the management, to the court, and to contact the prosecutor's office.