Recently, there have been more frequent cases where people have not paid taxes for years, do not pay fines, take a loan from a bank, obviously not going to give it back. When such situations occur and after numerous warnings a person refuses to answer for his obligations, the special service of the FSSP (Federal Service of Bailiffs) enters the case. By law, they have the right to use force in their activities to achieve the desired result. The powers of bailiffs are expanding on a legislative basis, as there are more malicious payers from year to year.
Laws that are designed to regulate the activities of bailiffs
How does the FSSP service come into effect? If, according to the current legislation, a person is found guilty of non-repayment of a loan or non-payment of taxes, he is given the right to appeal this decision. Application deadline is a calendar month. If during this time the defaulter has not expressed a desire to appeal the decision, the writ of execution shall be submitted to the FSSP.
This service is given 3 days to review and register documents. After that, bailiffs begin to act. They differ from collectors in that their rights and obligations are regulated by law. The powers of the bailiff service are regulated by two laws: No. 118- On Judicial Bailiffs and No. 229- On Enforcement Procedure. These laws establish a fairly wide range of possibilities for bailiffs. They have the right to apply any actions that are not prohibited by law.
What rights do bailiffs have?
As already noted, the main goal of this kind of workers is to do everything necessary (within the framework of the law) so that a person repays his debt. It often happens that the debtor cannot pay in cash. Then the bailiffs make inquiries on all available bases in order to find out what property the non-payer owns. It is impossible to hide this information, since the FSSP has access to all the necessary databases. The powers of bailiffs in the collection of debt are as follows:
- they have the right to submit a request to all banks to identify the fact that the debtor is their client (in most cases, they block all cards in order to debit money from them into the debt account);
- contact the employer in order to find out the amount of wages;
- on working days to come home from 7 am to 10 pm (in this case, it is better not to interfere with the bailiff, as he will soon receive permission and knock the door out);
- perform actions with the property, that is, arrest it, seize it, and even use it (for example, transport the selected property in the car of the debtor).
Unlike a collector, a bailiff can always enlist the support and help of law enforcement agencies. If he did not break the law, the police will always be on his side. As already noted, the powers of the bailiffs of the Russian Federation have been significantly expanded, and this is far from all of their rights.
Ban on leaving the country
Some debtors are trying to hide from the bailiffs, having gone abroad. However, this is not so easy to do, as the bailiffs have the right to prohibit the evaders from leaving. Moreover, this is completely legal; no rights are violated in this case. Perhaps the person just wants to go on vacation or to a business meeting, but having debt, he will not be able to do it.
The federal bailiff service claims that this is one of the most effective measures to get a person to pay a debt. If the debtor is not going to pay his bills and in every possible way avoids meeting with the bailiff, he will face such a fate. Nobody will let him go abroad. There are situations when a person needs to urgently leave, but because of debts he is not allowed to do this. Some airports in the country have terminals where you can pay off your debts.
However, even after paying the bills, you won’t be able to fly away immediately, since it is necessary that the data on debt repayment be entered into the federal database. This action, of course, takes time, sometimes it takes up to three weeks.
Debtors should not relax on the Internet
Currently, everything is computerized, and without the World Wide Web it is impossible to imagine your life. Bailiffs were no exception, and control over debtors is also made on the Internet, and even on social networks. Non-payers should carefully think about whether to upload a photo with another expensive purchase, since the bailiffs can hide under any name.
Now all companies create official websites, and all the necessary information can be found there. In addition, bailiffs operate through Internet providers. The latter, in turn, provide information on which IP address the network is logged on to. From here you can find out the address where the debtor's property is probably stored.
Psychological impact
Of course, morality is nowhere. The powers of the bailiffs do not prohibit the use of this method. Debtors are told that failure to repay debts is a criminal offense. Usually, bailiffs give a final warning, which psychologically very strongly affects defaulters.
At present, the bailiffs are collaborating with the Orthodox Church, that is, there is a religious suggestion to the debtors. Priests will instruct people, recalling that non-payment of debts is considered theft, and this is a sin.
Representatives of the FSSP do not believe that there is anything reprehensible in this union. If the money is not returned, then the bank incurs its losses. It turns out that there is a theft of bank money, which is condemned by the church.
Duties of the bailiff
It was previously noted what rights the bailiff has. But what is he obliged to do? The powers of the bailiff are quite widespread, his requirements for the execution of judicial acts are mandatory for all organizations, bodies and citizens. The bailiff himself, in particular, must:
- take all necessary measures prescribed in the writ of execution for the timely execution of a judicial act;
- provide the right to familiarize yourself with the writ of execution, make copies, write something out;
- consider all the statements of the parties regarding the execution of the act, as well as explain the terms and procedure for appeal;
- withdraw his candidacy if he is an interested person or there are other circumstances that cast doubt on his impartiality.
Promotion of bailiffs
The bailiff’s income directly depends on whether the debtor paid his debt. In the Federal Law "On Enforcement Proceedings" the following fact is recorded that for the successful completion of its work, the bailiff is provided with a fee.
That is, if the bailiff provided timely repayment of the debtor's accounts, then he receives 5% of the amount recovered or the value of the property. However, the amount that the bailiff will receive should not exceed 10 minimum wages. If the bailiff partially coped with the task for reasons beyond his control, his remuneration will be paid in proportion to the amount collected.
How should the non-payer behave after the entry into force of the writ of execution?
After the contract comes into force, the bailiff will send a copy of the writ of execution to the debtor. This document will indicate the details and amount of debt. Within five days, the debtor may voluntarily apply to the bank and pay off all debts. However, if this is not possible, then the bailiff will come to his home within two months. The powers of the bailiffs do not include a warning about their visit.
The bailiff should be dressed in a special uniform and carry the necessary official documents. When the bailiff comes home to the debtor, the latter should behave appropriately, not rudely. Indeed, in addition to the administrative impact of a fine, the debtor may also face criminal penalties for insulting a government official.
It should be noted that those non-payers who are ready to conduct a normal dialogue with the bailiff may receive a deferment in debt repayment. To do this, you need to write a statement to the court, and if the regulatory authorities do not mind, he will be on the side of the debtor. During the postponement, the authority of the bailiffs regarding the debtors does not include the anxiety of the non-payer. Of course, there are situations when the debtor obviously knows that he cannot repay the debt. Then you need to prepare for the fact that property will be recovered or seized.
Excess of authority by a bailiff
Bailiffs are, first of all, people, and here the human factor is present. Among the bailiffs can be found those that significantly exceed their authority. However, current legislation allows them to do almost everything. Many experts talk about significant gaps in the laws of the country, since, according to the Constitution and some codes, no one has the right to inspect someone else’s home without the consent of the people living there.
However, the Federal Bailiff Service, whose powers are quite voluminous, allows itself the arbitrariness of its employees. In this case, the debtor has the full right to sue for exceeding the powers of the bailiffs. In addition, now you can complain on the Web by sending a letter to the Internet reception.
Conclusion
FSSP is a very important body that helps the state in catching debtors and defaulters. Without this service, arbitrariness would occur in the country, and no one would pay taxes, knowing that no punishment would follow. This law provides for the use of force against debtors by bailiffs. Someone thinks this is right, and someone - immoral.
However, everyone agrees that the powers of the bailiffs need to be narrowed down a bit. Still, it is very difficult now to find the line between law and arbitrariness.