Debt for utilities is one of the most acute problems in Russia today.
There is a deterioration in the economic situation and, as a result, an increase in prices for foodstuffs, medicines, communication services, tariffs for light, gas, water, etc. However, the size of wages, pensions and benefits remained at the same pre-crisis level as led to a deficit in family budgets among the population. Naturally, one has to sacrifice something in this situation - hence the debt for utilities increases. We will talk in detail about them, as well as about the methods of recovery and liability for non-payment, later in the article.
The first consequence - the accrual of interest
For non-payment of the required amount on time a penalty is provided + debts for utilities.
Sooner or later, they will have to pay, only the management company has the right to add 1/300 of the Central Bank's refinancing rate for 1 day of delay. Each year this percentage is different, today it is 10.5% per annum.
Penalty calculation example
Suppose a citizen by the name of Petrov B. B. has a debt: housing and communal services - 10 thousand rubles, electricity - 15 thousand rubles. Company A, which is an electricity supplier, will charge a fine:
15 thousand - the amount of debt multiplied by 0.105 percent. It turns out 1575 rubles, this result must be divided by 300, total: 5.25 rubles for each day of delay.
Of course, at first glance, the amount is small, but we’ll think about whether it’s worth bringing to such measures if you still have to pay the full amount.
A debt for utilities may be claimed through a court if, on a voluntary basis, the debtor refuses to fulfill it. The decision is made in the form of a court order. A little bit about what it is.
Judicial order or judgment: what is the difference?
Legally illiterate people equate a court order with a decision.
However, these are completely different regulations:
- The order is accepted by the judge solely, on the basis of written evidence, not in doubt from the point of view of the law. The parties are not invited to the meetings, and the position of the defendant is not heard. This means that the debtor will not come to the court and will not say that he actually paid, all the checks were saved, etc. Such a process initially implies the outcome of the meeting: you have to pay the full debt (utilities), the court also adds to he is fined, the state fee, as well as a fee on the writ of enforcement of bailiffs, despite the fact that a citizen, perhaps, owes absolutely nothing to service providers.
- The decision is made on the basis of a judicial dispute with motions, opinions of the parties on the basis of the equality of all before the law. During the process, the debtor can attend, express his opinions, present evidence, etc. If a citizen was credited with a debt by mistake, for example, if the information system fails, then he can present all the saved checks as an excuse.
A court order, in case of disagreement with it, can be canceled within ten days from the date of its adoption. For this, it is not necessary to give any arguments or arguments - just write in an objection: “I disagree with the decision, please cancel it.” This will be sufficient for the relevant procedural actions.
However, the order is canceled by those citizens who do not dispute their obligations, but do so in order to postpone the collection of debts for housing and communal services, since their suppliers in this case will have to submit to another court, and this will take some time.
Consequence Two - Supply Restriction
The government of the Russian Federation back in 2011 allowed the management companies to suspend the supply of debtors after 30 days after the warning.
Possible restrictions are imposed in case of incomplete payment in the amount of three minimum wages, which are calculated in accordance with the norms of its consumption, regardless of metering devices located in the apartment. This means that it does not matter that a citizen went on a business trip without paying for water, for example, and then did not use water for several months. He will still be disconnected from the water, as the company will think that he does not have any metering device, and, having reached the required normative mark, he will close the valve.
After the debt for utility services is paid off, the service provider company must resume the supply no later than two days.
Consequences of the third - eviction from housing
Debts in an apartment for utilities can lead to eviction from housing. Of course, this refers to citizens who hire him under a social contract of employment. Owner's debt (utilities) cannot lead to eviction, since in this case the right of ownership enshrined in the Constitution will be violated.
But for those citizens who have concluded a social contract of employment with the municipal authorities, such a measure is possible, but only by a court decision. Neither the local authorities nor the management company have the right to independently make such decisions. The court during the hearing will deal with the reasons for non-payment. Perhaps they are respectful: the debtor’s illness, a reduction in work, delays in the payment of wages, a citizen is disabled, etc.
Correct action by the debtor to avoid problems
To try to avoid the above problems, we will analyze the rules of behavior.
The first thing you need to do when you receive debt notifications is to verify all calculations. It often happens that companies are “mistaken”, and residents do not have the appropriate checks and receipts to prove their case.
Secondly, if you still have debt, you should try to negotiate with the service providers about a possible deferral, installment plan in order to prevent delivery restrictions. The company also has people, and they can understand the financial situation. At least, such actions will be beneficial in court during proceedings - this can mitigate the court’s decision, although it will not save you from obligations to pay.
You need to know that sometimes installments are provided without fail: if the cost of the service has become 25% higher, for example, than in the same month last year.
Disconnection (restriction) of supply can be carried out only when it does no harm to other citizens. For example, it is technically not possible to turn off water in the countryside for a single house. It is necessary to carry out certain technical work for this. But all costs will have to be paid to the debtor sooner or later if this happens.
“None of your business!”, Or the participation of collection agencies
Some management companies enter into debt collection agreements with collection agencies. In judicial practice, there have been cases of the latter appealing to the court. When proving the existence of debt, he sometimes ruled in favor of the plaintiff.
However, it is worth noting that the Federal Antimonopoly Service of the East Siberian District indicated that extrajudicial collection of debt from citizens for housing services is unacceptable, it violates Art. 35 of the Constitution of the Russian Federation. This decree refers specifically to collection agencies, since the debts of citizens for utilities are not related to their activities. In other words, the FAS in the legal language said such enterprises “not your business”.
The court passed - the debt remained, or the useless collection of debts for utilities
Very often there are cases in judicial practice, when the court ruled in favor of the housing and communal services, and, as they say, there is nothing to take from the debtor. This occurs in the following situations:
- The only housing.
- On confiscated land, entrepreneurial activities are being conducted: a farm, a greenhouse, etc.
- The cash income to the accounts is the cost of living for all family members.
- The debtor is an invalid who cannot confiscate an existing car.
In other words, there are debts, but it is not possible to collect them. Many employees of housing and communal services are trying to pre-trial solve problems with debtors by providing various installments, some, for example, able-bodied non-working debtors are hired for one-time jobs that do not require special professional knowledge to pay a certain amount of debt, etc.
Possible measures to reduce utility bills
Utility debts in most cases are not paid due to a family budget deficit. To reduce them, mechanisms are needed to reduce payment for services. As tools to reduce the burden of citizens on paying for communal services, many experts offer the following solutions:
- Limit penalties from common metering devices. It often happens that the amount of revenues in housing and communal services is less than the total counters show, then it automatically spreads to the rest of the residents. Many politicians want to introduce legislative restrictions on such actions. In this case, the management companies will be interested to find out why the funds are not being received, which will lead to the fair imposition of individual tariffs.
- To provide consumers with an influence on the approval of tariffs for housing and communal services by including them in various pricing commissions.
- To prohibit charging various interest for payment of services to companies such as Sberbank and Russian Post.
I want to say that debts, of course, need to be paid. But management companies also make tariffs, as they say, from the ceiling, several times higher than real costs. The state, unfortunately, is unable to fix prices for housing services today, which is very sad.