Debtors meet on the path of each of us. And how unpleasant it is when a person who once vowed to return all the money quickly disappeared into the abyss of life events and domestic affairs. To the madness, I wanted to meet this citizen, and how to knead his bones so that it would be nice to do so. However, Art. 33 of the Federal Law "On Enforcement Proceedings", obliging everyone to pay debts.
Place of residence: role and importance
As a rule, an unreliable person disappears as soon as he receives the creditor's funds. He may be hiding for more than one day, so you have to resort to the help of law enforcement agencies, because finding a person in the largest state in the world is not an easy task.
It is impossible to recover the property of the debtor if his identity and the point of stay are not established. If a court of one constituent entity of the Russian Federation makes a decision in favor of a creditor who is in a completely different place, then the debt is performed at the location of the debtor. Executive documents are transmitted through departmental communication channels, serve as the basis for the actual collection of funds.
And after all, no one is safe from situations when the debtor is in the territory of a foreign state. But each of us always has connections in our native land. Therefore, bailiffs have the full legal and moral right to collect debt at the location of the property, for example, an apartment or a land plot.
The place of enforcement actions and enforcement measures is determined by the registration of the debtor citizen. In the absence of such, the area of actual residence (permanent or temporary) is taken into account.
In legal terminology, actual stay means the place where a citizen is at a particular moment in time. An example is a hotel room, rest houses, hospitals and sanatoriums, tourist centers and so on. This definition also includes those residential buildings where the person does not constantly live, but regularly visits. This norm is valid only if the debtor is a citizen.
Organizations can also be debtors!
Art. 33 of the Federal Law "On Enforcement Proceedings" applies not only to state citizens. Legal entities, foreigners and stateless persons are included in the group of entities from which bailiffs have the right to collect debts. In theory, everything is extremely simple and understandable, but in practice there are quite problematic situations that are not regulated by the legislator.
So what to do if the debtor is an organization? It is worth remembering that a legal entity does not exist in objective reality; it cannot be touched, felt or talked to. This subject acts through its representatives.
First of all, it is necessary to establish the legal address of the company, that is, the one that is stipulated in all regulatory and accounting documents. This also applies to the rule on the collection of debts at the location of the debtor's property. In the absence of such, the creditor or other person who has filed a claim has the right to contact the head or auxiliary branches of the company. If the court makes a decision that obliges the company to commit or refrain from taking any actions, then the document is presented at the place of execution of the order.
Analyzing part 1 and 2,229 of the Federal Law 33, we can conclude that the creditor has the right to choose the place of presentation of the claim:
- by the actual location of the debtor;
- at the place of registration of the latter;
- at the property storage address.
A striking example of the implementation of the above norm is the filing of a complaint about the unauthorized construction of a building with the demand for its destruction. A citizen may file a claim both at the location of the debtor and in the area where the illegal construction is located.
And what to do in situations when nothing is known about the debtor? First of all, you should contact the territorial body of the FSSP, in the area of which the latest information about an unscrupulous person was discovered. In addition, in such a situation, information concerning the relatives of the debtor will be useful: children, parents and even grandparents, grandfathers, nephews, and so on.
The second stage of enforcement proceedings
Art. 33 of the Federal Law "On Enforcement Proceedings" regulates the process of execution of judicial acts at each trial. After the data are established, the debtor and his property are found, the next stage of the process begins - the choice of the contractor.
Each individual bailiff is assigned to a specific area, that is, there is a division on a territorial basis. In this regard, debt collection is possible only by an authorized person in a certain region. In the event of a discrepancy between the territory of the creditor and the debtor, an order is sent to the bodies of the FSSP to carry out the necessary actions. Art. 33 of the Federal Law "On Enforcement Proceedings" suggests that the powers of the debtor end where the field of activity of another employee begins.
Be sure to consider the time of the end of the enforcement proceedings. It continues until there are reasons for the cancellation of this type of activity: the death of the debtor or a new court decision repealing the previous act.
About the transfer of instructions
All channels of the Bailiff Service are closely related. The need to carry out individual executive actions in one day is transferred to an authorized employee. Moreover, in the case of a search for a debtor, the bailiff of another territorial body may be instructed to apply other measures aimed at searching for a person, property, data about him.
The Law “On Enforcement Proceedings” says that the order must be duly executed. This document contains all the requirements related to paperwork, as well as the design of its content.
The document is approved, signed by a senior bailiff and sent to the appropriate region. From the day of receipt of the paper, 15 working days should pass - the period for the execution of the order by the new bailiff to recover the debt.
Execution privilege
All actions that are aimed at finding the debtor and fulfilling debt obligations can be carried out only by bailiffs. The performance of certain executive powers is permissible only if there is a special task or a direct court order.
On behalf of the chief bailiff, an official initiates enforcement proceedings. The Law “On Enforcement Proceedings” provides the employee with the right to suspend the fulfillment of a requirement under a main court decision. As soon as the order is executed, production resumes.
Basic rights of the bailiff
Establishing the location of the debtor is a laborious process that requires high qualifications and certain knowledge. In order to improve the search efficiency of a citizen, bailiffs are vested with broad powers.
Persons with more than one debt very often change their place of residence. In addition, such people try to hide property in order to preserve it and try to declare themselves bankrupt. In this case, an official may exercise the following powers:
- Continue to carry out official activities aimed at the enforcement of the judgment. This right is widely applied in cases where the debtor is located in the territory of one entity, and the identified property is in another region.
- To draw up an act in which to indicate information on the whereabouts of the debtor and his previously unknown property and to transfer to persons authorized to collect the debt. In this case, the executive activity of the bailiff ends in connection with the absence of the subject.
The decision on the transfer of enforcement proceedings to another unit is sent along with the act to which attention was drawn above. In addition, all materials attaching evidence of payments made, property received and sold, and so on are attached.
All documents must be sent no later than the day following the date of the decision. As the document arrives at the regional authorities, new enforcement proceedings are initiated in the same case.
The recoverer shall be obligatorily notified of a change in the FSSP unit. In addition, the message is sent to the court, which made the decision, and to the debtor who changed his place of residence. A copy of the writ of execution remains in the proceedings until its completion and destruction.
Opportunities of territorial bodies: transfer of enforcement proceedings
Structural units of the FSSP have broad powers. So, the legislator, in order to significantly simplify the production, provides the right to transfer the case to another body at any stage. The effect of this rule extends to the stage of initiation of proceedings.
An indication of the transfer of the case is given by the Chief Bailiff of the Russian Federation or the person responsible in the territorial authority. In carrying out such actions, again, the debtor, payee and court are obligatory notified.
Why transmit?
Many citizens during the period of familiarization with Art. 33 a completely logical question arises about the advisability of transferring enforcement proceedings to another territorial unit. If there are reasons, the transfer is quite advisable, for example, with the aim of seizing the newly appeared property. And in the absence of such, it may seem inappropriate decisions of the legislator. However, everything is far from simple ...
Art. 33 in legal circles is widely interpreted, especially when it comes to the grounds for the transfer of cases to enforcement proceedings. Numerous assumptions are built around the fact that these powers are established in order to correctly and fully implement each requirement of the executive document.
The reason for the transfer of authority to collect debt is the corruption component of official activity. For example, conducting official inspections of a territorial authority shows the presence of bribes in large quantities and in large quantities. What kind of enforcement proceedings can we talk about? All cases are immediately transferred to other regional units.
Upon the transfer of the writ of execution by the head, the motives for this action must be indicated.
About referral methods
The law does not define specific ways of sending materials. At the same time, it is important to take into account the limited deadlines for the execution of the judgment, the period of transportation and transportation, as well as the possibility of changing the place of residence of the debtor. That is why the transfer of authority should be carried out promptly. In the age of modern technology, electronic channels and other types of communication can be used to achieve this goal.
As soon as the head of the structural unit received a document on the transfer, got acquainted with it, further actions should be aimed at selecting a free bailiff and further informing him.
Actions of the “new” subject
As soon as enforcement proceedings come under the authority of a new bailiff, he is vested with all the powers for a complete and comprehensive study of the debtor. Of course, the legal status is enriched by the rights associated with the need to repay the debt. In addition, the bailiff is vested with exclusive rights to search and seize property.
The powers of a person aimed at collecting property on debt are to some extent limited on a territorial basis. For example, within the entire state, the bailiff exercises the assigned powers only by agreement with the head of the FSSP. Upon receipt of consent to the performance of official activities, the regional departments are required to be notified. Within one entity, all issues are resolved with the head of this territorial unit.
If during the recovery of property the powers of the bailiff do not extend to a certain area, then assistance and assistance in the performance of official activities is provided by the senior bailiff.
Enforcement proceedings are a very complex and multifaceted process. Despite the clear legislative regulation of each situation, not one of the employees is safe from force majeure situations. And in this case we are talking not only about the absence of the debtor or property from him. Sometimes, workers are faced with aggression, discontent, unwillingness to part with money, real estate and other expensive items. And in this regard, there is a high risk of attack, violence against workers.
In the practical activities of each employee at least once there was a situation where the debtor is not even aware of the trial, therefore, is not going to part with the acquired. And even more often, bailiffs are deceived by hiding their property and their true place of residence. At the same time, failure to fulfill the assigned duties already leaves a negative imprint on the activities of not only one employee, but the entire state system as a whole.
That is why every employee should not only have a high level of legal knowledge, but also be prepared for emergencies both morally and physically.