The money from the bailiffs did not arrive. How to make a transfer of funds from a bailiff. Foreclosure of the debtor's funds deposited with the territorial department of bailiffs

1. This is the situation.. I am buying a car at auction from the bailiffs, which they are selling illegally because this car has been seized in favor of the A/U. and a surveillance procedure has been introduced, which the bailiffs knew about.. Next, the court recognizes the transaction as invalid, I am returning the car to the A/U.. And the money I paid for the transaction is on the deposit of the bailiffs.. Next, I bring the bailiffs a court decision which says that the money will be returned to me, I write an application for return, the bailiffs slow down my application., then the A/U appears. , I say to the debtor’s manager, the bailiffs are supposedly resuming closed proceedings and transferring him my money for the car. And the arbitration office has cars and money... I filed it with the prosecutor’s office, they opened a case under 159.3, they can’t prove something... the case has been under investigation for a year now. I am recognized as a victim... ...What should I do? The age-old question... Can I sue the bailiffs for failure to comply with a court decision... and continue to recover from the FSSP? Thank you...

Lawyer Petrova N. E., 2674 answers, 2221 reviews, on the site from 10/12/2017
1.1. Good afternoon The situation is complicated, you can try to recover money from the FSSP for their illegal actions, there is a corresponding judicial practice(Resolution of the Plenum Supreme Court RF dated November 17, 2015 N 50 “On the application of legislation by courts when considering certain issues arising during enforcement proceedings”), however, in order to give a specific forecast, you need to study your case.

Lawyer Tretyakov D.N., 4911 answers, 1362 reviews, on the site from 01/24/2015
1.2. To answer your question about what to do, you first need to study all the documents you have.

2. I have next question: for my debtor husband, the employer transfers half of the salary to the bailiffs, on the same day they write off another 2,200 rubles from the card. The SMS message contains the IP number, date, and bailiff's name. The husband called the bailiff, he assured that the IP was over, they (the bailiffs) cash they didn’t write it off, nothing was received into their account other than transfers from the organization, bring a bank statement. My husband said that he might come back in a week, because... works on shift. The bailiff replied that he could not keep them on deposit for so long and hung up. Question: who, besides the bailiffs, can write off money from the card, which means “I can’t keep it on deposit,” if they previously assured that they never received it. Can an organization refuse to make transfers for a debtor and in what cases. Thanks in advance.

Lawyer Muchkaev V. A., 130 answers, 71 reviews, on the site from May 25, 2017
2.1. Nothing bad happened. You need to provide documents and an application for the return of overcharged funds. If you are refused to appeal the actions of the bailiff, if necessary, go to court.

3. The bailiffs sent me a bill of 68 thousand according to the court against the bank. And after I paid partially - 2500 thousand rubles. My debt was canceled because I wrote a statement that I have a dependent minor son, my salary is 10,000 rubles. And my ex-husband does not pay child support and is a debtor.
Half a year later the situation repeated itself and they sent me documents where I again paid the same amount. I came to the bailiffs and asked the question where was the money that I paid. As a result, after a long search, they were found in deposit accounts... They corrected the amount on the document by hand and sent me away, saying that they did not care about my situation. Then, in government services, I received a message that the amount was still 68 thousand and five more appeared on top of the thousand.
The bailiffs blocked my accounts and began to write off the alimony that was transferred to me. Several thousand more went to their deposit.
I collected all the copies of the bank statement that alimony was written off from me and wrote a complaint to the prosecutor's office of our city. Where I was told that the issue would be resolved within a month. I asked to find out why my money is not going towards my debt and the amount is not being written off from me. And on what basis they write off alimony and also add a fine, although they keep the money.
As a result, a month later a document arrives stating that an inspection will be carried out by the prosecutor’s office of the city of Vladimir and not by our local city of Raduzhny. And that's it... No answer, no hello. 4 months have passed and they haven’t sent me a single piece of paper... But again I received a bill of 68 thousand plus another 5000. Literally a week ago.
Apart from the fact that my accounts were unblocked, nothing else happened during these months.
What should I do with this and where should I go please tell me. This is complete chaos.

Lawyer Rumyantsev M.V., 195 answers, 130 reviews, on the site from 06/18/2019
3.1. Write a statement to the anti-corruption department of the Federal Bailiff Service of Russia for the Vladimir region. You can go to court at the same time, but there you will need the help of a lawyer to build a clear chronology.

4. It came to me transport tax for two years and penalties, I paid everything ten days ago, but the arrest registration actions haven't taken it off yet. I contacted the bailiff, she said that they did not receive the money for deposit. Tell us how long it will take for the bailiffs to receive money from the Federal Tax Service and how this process can be speeded up. This is why I can't sell my car. I myself live in St. Petersburg, and the bailiff is located in the Novgorod region. since I am registered there and I have no opportunity to go to Novgorod. Thank you.

Lawyer Serebryakov G.S., 1255 answers, 468 reviews, on the site since 03/29/2013
4.1. This situation It may not change at all. Unfortunately, it is not uncommon for such information to either not reach the bailiffs or take a very long time to reach. Therefore, it would be rational to receive a tax document confirming payment and the absence of debt and send it to the bailiffs by mail.

I had funds withheld from my pension by court order, which was canceled when I contacted the bailiffs for the return of the funds, I was told that there was another executor for him and the funds would be transferred. I don't agree with the executive. As a result, the money has been on deposit with the bailiffs since August. Is this legal? Read answers (1)

5. The bailiffs have money on deposit, alimony, I sent them the details by email, I can’t get through by phone for the second week, I still haven’t received the money. Where can you file a complaint against bailiffs?

Lawyer Zakharova I. A., 2870 answers, 2054 reviews, on the site from 07/17/2018
5.1. Hello, Ekaterina. You have the right to appeal the actions of the bailiff in the order of subordination - Art. bailiff, etc., prosecutor and judicial procedure(to appeal the bailiff’s inaction).

If you find it difficult to formulate a question, call the toll-free multi-line phone 8 800 505-91-11 , a lawyer will help you

6. Bailiffs do not transfer money from the deposit for 6 months. I wrote many complaints against bailiffs (there were 3 changes during this period), as well as complaints against the chief bailiff. Initially, they claimed that no money had been deposited; at my request, the payer took certificates from the sender’s bank, which indicated that the money had been successfully deposited, and with these certificates went to the accounting department, the accountant found the money, but said that the money was not may be transferred for some reason. After the payer visited the accountant, 4 months passed, during this period I also sent complaints from
with all the supporting certificates, they never transferred the money. And a complaint was also sent to the prosecutor's office, which said that the appeal was sent for consideration to the senior bailiff. 30 days have passed. I didn’t receive an answer, nor did I receive any money. Could there be fraudulent activity going on here? And what do I need to do to finally receive child support for three months in the amount of 30,000 rubles?

Lawyer Chernetsky I.V., 60619 answers, 18720 reviews, on the site since 09/18/2013
6.1. Hello! It is necessary to submit a claim to the court within the framework of the CAS of the Russian Federation, and not useless complaints.

Lawyer Sivtseva N.I., 4305 answers, 1661 reviews, on the site from 11/11/2012
6.2. Elena, the money must be recovered through the court. The question of recovery of moral damages can be raised. Collected at the expense of the state, including legal costs. The writ of execution is presented to the treasury. Everything is also not fast.

7. I am a lawyer. face. In enforcement proceedings, the bailiffs collect the money and credit it to their deposit, without crediting it to my bank account. From the deposit account, the bailiff transfers all the money for other enforcement cases where I am a debtor. They refer to Part 3 of Article 68 of Federal Law 229. Are the actions of the bailiff legal? Since December 2018, no money has been received into my bank account.

Lawyer Bikbulatov F.I., 176 answers, 127 reviews, on the site from 05.29.2019
7.1. Good afternoon Igor Nikolaevich! Yes, in this case the actions of the bailiff are absolutely legal! In accordance with clause 3, part 3 of Art. 68 Federal Law "On enforcement proceedings" dated 10/02/2007 foreclosure on the property rights of the debtor, including the right to receive payments in enforcement proceedings in which he acts as a recoverer, the right to receive payments for rent, rent, as well as exclusive rights to the results intellectual activity and means of individualization, rights of claim under contracts of alienation or use exclusive right to the result of intellectual activity and a means of individualization, the right to use the result of intellectual activity or a means of individualization, owned by the debtor as a licensee. I wish you good luck in resolving your issues!

8. Bailiffs calculate 50% of the salary. The money is placed on deposit and is not sent to the claimant, because They don’t know his details, how can this be? As a result, the salary has now arrived on the card and the bank immediately withdrew it.

8.1. They do not have the right to withdraw more than 50 percent in any case. Article 99 of the Law on Enforcement Proceedings. Appeal the actions of the bailiffs to court. Article 218 CAS RF.

The money collected by the court decision into the company's account is on the deposit of the bailiffs, there is a court decision to replace the parties and transfer the debt to an individual, there is an appeal, but the bailiffs, upon request, want to transfer the money to the deposit of the bailiffs of another entity to pay off the debt for the company's previously existing debts. Can they do it? Read answers (1)

9. In 2013, I collected a debt from three defendants through a recourse claim. The court granted my claim and issued writs of execution, which I gave to the bailiffs along with the application. An IP was initiated. For 5 years, I asked the bailiff why there was no progress in the case. In the end, I wrote a statement to the prosecutor's office, but received no response from the bailiffs. There were lawsuits against my children. Finally, at the end of 2017, I wrote a statement to the bailiffs about the completion and return of the writs of execution. But since I am a group 1 disabled person, I couldn’t go and pick them up. But in 2018, the children requested from Sberbank an extract of arrests from bank cards, and then I saw that the amounts collected by the court from them had been withheld in different years starting from 2015. I withheld the debts from the defendants, but they were not sent to me as the collector. I wrote a statement on this issue to the regional bailiff department. Today my money is on deposit with the bailiffs. What should I do and can I and how can I get them from the bailiffs?

Lawyer Petrov A. A., 3459 answers, 1276 reviews, on the site from 03/18/2019
9.1. Hello! Yes, you can only after submitting an application accordingly.

Lawyer Maksimov M.V., 22010 answers, 12939 reviews, on the site from 09/15/2016
9.2. Contact the bailiff with a request to transfer the money to you. will refuse to go to court. However, money unclaimed for 3 years is transferred to the state.

10. The money has been on deposit with the bailiffs for 9 months, they know the details of the recipient’s bank, the deputy head of the bailiffs is handling my case. What should I do so that my money is finally transferred to pay off the debt? Every month they tell me that they will transfer it, but the money remains on deposit.

Lawyer Kukovyakin V.N., 10330 replies, 6741 reviews, on the site from 11/16/2017
10.1. Hello, Elena!
In this case, there is inaction of the bailiffs. You can file a complaint with the court.

11. Help please
According to the writ of execution from the LLC, the bailiffs collected money, the money has been on deposit with them for two weeks. Explaining this by saying that the LLC was liquidated a month ago and for this reason they cannot transfer the collected money to me (the collector) What should I do?

Lawyer Merny M.A., 3001 answers, 1663 reviews, on the site from 05/11/2018
11.1. This is some kind of nonsense. Write to the court immediately so that they don’t have time to do anything.

12. The bank sold the debt under an assignment agreement, but the new creditor never presented its claims to me. The money is on deposit with the bailiffs, the claimant has not been found. It's been 3 years already. What will happen to the money on deposit? Can they return them to me?

Lawyer Paranichev A. A., 12 answers, 7 reviews, on the site since 04/25/2014
12.1. According to Part 2 of Article 110 of the Law on Enforcement Proceedings, funds not claimed by the claimant are stored in the deposit account of the bailiff division for three years. After given period these funds are transferred to the federal budget.

13. When does the bailiff issue a ruling on the completion of enforcement proceedings - when the money is received on the deposit of the bailiff or when the money is transferred from the deposit to the claimant?

Lawyer Stepanov V.I., 36189 answers, 15922 reviews, on the site from 10/15/2011
13.1. According to Art. 16 of the Federal Law “On Enforcement Proceedings” must end on the date of repayment of the debt (depositing to the account). Write a written statement requesting the issuance of a Decree on the completion of enforcement proceedings.

Sincerely, lawyer – Stepanov Vadim Igorevich.

14. We have the following situation: by a court decision, the debt for housing and communal services was collected from the subscriber. from January 1, 2019, the municipal unitary enterprise was reorganized and an assignment agreement was concluded between the old and newly formed municipal unitary enterprises. The bailiffs refuse to transfer the debtor's funds to the account of the new municipal unitary enterprise, citing the need to redo the court order. Who is right and what should we do? Collection continues, but the debt is not repaid and the money is on deposit with the bailiffs.

Law firm LLC "Helios", 12588 answers, 7097 reviews, on the site from 03/01/2019
14.1. Hello! It is necessary to replace the party in enforcement proceedings (claimant). This can be done in court.

15. Withhold 50% from the pension. Agricultural Bank sold the loan. Who doesn't know. No information. The bailiffs have the money on deposit. What should I do? Thank you.

Lawyer Sokolova A.V., 1687 answers, 1017 reviews, on the site since 02/26/2019
15.1. Continue paying. Succession in debt does not concern you.

Lawyer Kiseleva O.G., 4592 replies, 2087 reviews, on the site since 10/29/2013
15.2. Hello Yuri!
You need to clarify the name of the new creditor, and after challenging the agreement on the assignment of rights of claim as invalid, the debt will be written off!

Law firm Gukov I. O., 21 answers, 5 reviews, on the site since 04/14/2019
15.3. Hello, you need to contact the FSSP for a copy of the deduction order, and then, if the previous creditor is indicated in this decree, appeal it in court.

16. There was a ten-year-old debt in the amount of 123,000 rubles and deductions were made from a pension card. In 2016, write-offs stopped, but a year and a half later I saw a debt of almost 29 thousand rubles in public services. In 2-18, in September I turned to the bailiffs, they said the debt and with the words you can do it for 2 thousand rubles. I can contribute a month, yes I can. Made 2 payments of 2 tr. after 10 days, the debt decreased by one payment and that’s it. Yesterday I opened public services there, the debt is already 32,574, today to the bailiffs, they say that insurance company went bankrupt and does not exist, your money is on deposit and in general we do not demand anything from you. What to do to remove debt from government services? Thanks in advance.

Lawyer Karavaitseva E.A., 57772 answers, 27414 reviews, on the site from 03/01/2012
16.1. The problem is resolved in court. You need to know whether the bailiff issued a resolution to terminate enforcement proceedings.

Lawyer Popov A. O., 1296 answers, 774 reviews, on the site from 09/05/2014
16.2. Good afternoon A competently and reasoned objection, plus legal assistance, is the key to success!

Lawyer Doev A.B., 899 answers, 585 reviews, on the site from 01/04/2015
16.3. Greetings Andrey. It seems to me that it is necessary to demand through the court the cancellation of this debt due to the fact that the deadline limitation period missed.

The bank sued me in 2015. Then, in 2018, they sold my debt to collectors. I took a certificate from the bank that I didn’t owe them anything. The collector has not sued me to this day. But the bailiffs wrote off 50 percent of my salary. And this written-off money is on their deposit. Although they have a certificate that I don’t owe the bank anything. But the collector did not sue me. Read answers (3)

17. Money was written off from my card (alimony), I have all the certificates confirming that this is alimony, but the bailiffs say that no money was received on their deposit. What should I do?

Lawyer Frolov A. A., 78 answers, 62 reviews, on the site from November 23, 2018
17.1. Hello.
Just provide them with the debit documents. They must figure out where the money went themselves.

18. Please tell me within how long the bank must send funds to the bailiffs’ deposit when the funds on the card are seized. Money was seized on my account in 2013 and it is still in the account, there is a resolution, the bank says that it has been executed, there are no other resolutions. Why didn't the money go anywhere? Is it possible to remove the seizure from these funds if they do not go anywhere? Thank you.

Lawyer Budaragin A. A., 7429 answers, 3234 reviews, on the site since November 20, 2017
18.1. Yes, it is possible to remove it. We need to describe the situation in more detail.

19. I have loan debts, I haven’t gone to the bailiffs for two years and they closed the cases due to the fact that they couldn’t find me. Recently, a court summons was dropped into my mailbox, where I no longer live and have been registered in another city since 2014. bailiffs. Contents of the agenda: if I don’t show up on a certain day, they will bring me in by force. Is this legal? What happens if I don't come? And it was written on the agenda that there was some money on my deposit, what were these pitfalls?

Lawyer Terentyev V.K., 3200 answers, 2111 reviews, on the site from 01/21/2019
19.1. Good afternoon
You must appear before bailiffs upon their request. If you cannot appear in writing or by telephone, notify the bailiff that you cannot appear.
Of course, you can continue to hide from the bailiffs, they can simply organize a check to see if your actions contain signs of a crime under Art. 315 of the Criminal Code of the Russian Federation, that is, malicious evasion of execution of a court decision.
If you do not evade, that is, do not hide your income or place of residence, then you have nothing to worry about. You don’t have to respond to this agenda and continue to ignore them.
If the debt is more than half a million rubles, start bankruptcy proceedings so that the court can write off all your debts.

Lawyer Voitovich M. Yu., 1533 answers, 1085 reviews, on the site from 01/17/2019
19.2. If you do not appear, the bailiffs have the right to make a forced arrest. If you do not live according to your registration and do not appear before the bailiff, at the request of the claimant you may be put on the wanted list. For failure to comply with the bailiff's requirements, you will be liable for the cost of 17.14 Code of Administrative Offenses. I didn’t really understand about the deposit; if there was any money there, the account would be seized and the money would automatically be written off to pay off the debt.

20. My question - My ex-husband and I have a 2-room apartment, two shares belong to me and my son, and 1 share belongs to my ex-husband.

I received the apartment, but it was privatized for three people. In 2014, I filed a lawsuit regarding the issue of buying out his share. The assessment was carried out and the court allowed me to buy his part of the apartment. Finally, I collected the required amount. How should I proceed next? How is the transfer of money carried out, is it necessary to go to court again for recognition of ownership? How to evict him. He is soon 70 years old, he is a pensioner, can this interfere, are there any restrictions, etc. There is a court decision in my favor. Thanks in advance for your help.

Answer No. 1. Good afternoon! You need to contact the court that made the decision on your case with an application to issue a writ of execution. Receive a writ of execution and present it to the bailiffs so that they initiate enforcement proceedings. The bailiffs will send your ex-husband a request for voluntary execution of the court decision, and if he does not agree to voluntarily re-register his share in your name, then you will need to deposit the ransom amount on the bailiffs deposit, after which the bailiff must re-register your husband’s share in your name in Rosreestr, and pay him cost of the share. After this, you can demand his eviction, and if he does not voluntarily evict, you will have to go to court again to demand eviction.

ANSWER No. 2.. The bailiffs will refuse to initiate an IP, because... deadline for presentation executive document(IL) is 3 years from the date of entry into force of the court decision, part 1 of article 21. Federal Law "On Enforcement Proceedings".
Article 21. Time limits for presenting writs of execution for execution
1. Writs of execution issued on the basis of judicial acts, with the exception of writs of execution specified in parts 2, 4 and 7 of this article, may be presented for execution within three years from the date the judicial act enters into legal force.
He will not take money from you voluntarily. If you file a lawsuit on the same grounds, the claim will be left without consideration.

PLEASE, GENTLEMEN LAWYERS. WHICH ANSWER IS CORRECT. THE TRIAL WAS IN 2014. The lawyer said about the deadlines for execution that at any time I can continue the procedure for executing the court decision. The trial took place in 2014.

Lawyer Ikaeva M.N., 14629 answers, 6698 reviews, on the site since 03/17/2011
20.1. The period for presenting the document is 3 years. If you have not submitted the claim for execution within 3 years, the bailiff will refuse to initiate enforcement proceedings.
You will have to go to court again to restore the deadline for presenting or execution; the decision will depend on the validity of the reasons why you missed the deadline.

21. The bailiffs seized the salary account and wrote off all income 100% and I still owe money, the money is on their deposit, because. The housing and communal services filed a lawsuit against my relative and me for her debts on housing and communal services payments (although I was not registered in the apartment and am not the owner) I turned to the bailiffs - they answered: bring a certificate from the housing and communal services that I do not have any debts to them. Housing and communal services refused this certificate because the decision of the magistrate was “joint and several” and the entire amount would be lost, the housing and communal services lawyer said that she imposed it because “for some reason” the data in the database was not changed and that I was not registered there, before filing a claim with her It took a long time to check the data. When asked who is contributing to the database, she replied that when I was discharged I had to come to her with a certificate that I now live in another place (three years have passed) and now she owes me a long time to recount for my relative, so she sent me to the magistrate for cancellation decisions, and with this cancellation to the bailiffs to lift the arrest. This happens before the January holidays on December 30th. Because of this, I didn’t pay for the tour to NG, and there wasn’t even money for travel, no one could borrow even 100 rubles, and I couldn’t go to work on holidays. Plus Since the arrest on the account, my bank canceled the approved loan offer and my mortgage deal fell through, prices have increased by 10% since 01/09 (the deal was supposed to go through on January 4), you can help and comment on the situation:
1. The bailiffs arrested my accounts; she has no arrests.
2. Who is to blame for the fact that 100% was written off and not 50-70%?
3. Can I file a lawsuit against a housing and communal services lawyer for reimbursement of expenses (transportation costs for traveling from one instance to another) and material damage (failure to issue a loan, difference in the price of real estate, downtime in work)?
Thank you in advance.

Lawyer Rudenok V.N., 5015 answers, 2313 reviews, on the site since 01/31/2013
21.1. You need to prove yourself that the bailiff did not have the right to seize... to do this, take a certificate from the bank stating that this is a salary account... and that you are not registered in this apartment... you need to apply to the court to reverse the execution of the court decision and return the money... in order to recover lost profits from the bailiffs and housing and communal services, you must first prove that it was their fault.

Lawyer Ternovykh I.A., 22807 answers, 6377 reviews, on the site from 06/23/2014
21.2. Your question is very meaningful and requires a number of clarifications regarding the chronology of events.
For legal analysis and consideration of possible options, please contact an attorney individually.

22. The bailiff seized the alimony claimant’s account. The money is already in the account. He says that this is no longer a collection of alimony, but simply a debt. They said that the money would be on their deposit for three days, then it would go to the debt collector of the child’s mother. The girl is 20 years old. How to collect money from the bailiff?

Lawyer Cherednichenko V.A., 193267 answers, 73802 reviews, on the site from 05/12/2015
22.1. If there really was a debt, then the bailiff did everything legally.

Lawyer Mingazov Yu.S., 47110 answers, 14033 reviews, on the site since December 24, 2009
22.2. The bailiff is wrong and abuses his right, Article 10 of the Civil Code of the Russian Federation, but he knows that this is alimony.

Article 101. Types of income that cannot be levied

1. Collection cannot be applied to the following types of income:
1) sums of money paid in compensation for harm caused to health;
2) sums of money paid in compensation for damage in connection with the death of the breadwinner;
3) sums of money paid to persons who received injuries (wounds, injuries, concussions) during their performance official duties, and members of their families in the event of death (death) of these persons;
4) compensation payments at the expense of funds federal budget, budgets of subjects Russian Federation And local budgets citizens affected by radiation or man-made disasters;
5) compensation payments from the federal budget, budgets of constituent entities of the Russian Federation and local budgets to citizens in connection with caring for disabled citizens;
6) monthly cash payments and (or) annual cash payments accrued in accordance with the legislation of the Russian Federation to certain categories of citizens (compensation for travel, purchase of medicines, etc.);
7) amounts of money paid as alimony, as well as amounts paid for the maintenance of minor children during the search for their parents;
8) compensation payments established by the labor legislation of the Russian Federation:
a) in connection with business trip, with transfer, employment or assignment to work in another area;
b) due to wear and tear of a tool belonging to the employee;
c) sums of money paid by the organization in connection with the birth of a child, the death of relatives, and the registration of marriage;
9) insurance coverage for compulsory social insurance, with the exception of old-age insurance pension, disability insurance pension (taking into account a fixed payment to the insurance pension, increases in the fixed payment to the insurance pension), as well as funded pensions, fixed-term pension payments and temporary disability benefits ;
(as amended by Federal Law dated July 21, 2014 N 216-FZ)

10) pensions in case of loss of a breadwinner, paid from the federal budget;
11) payments to pensions in the event of the loss of a breadwinner from the budgets of Russian constituent entities.

23. When selling property, funds are transferred to the deposit of the court. bailiffs, then the court. The bailiff distributed the money to the collectors and also to the collector who has arrears of alimony, so that these funds must be used to pay off alimony.

Lawyer Zyryanov A.I., 65 answers, 62 reviews, on the site from 10/25/2018
23.1. Hello!
By general rule The bailiff must see from the database that the collector himself is a debtor. And the deposit should be written off to pay off the debt. But not everything works correctly everywhere. It is urgent to notify the bailiff dealing with alimony about this. He must do everything. The question is purely technical.
Good luck to you!

24. Please help me decide on the next step.
The bank with the green logo owed a credit card. After several non-payments, the bank filed an application to the court, and from them - to the court. to the bailiffs. They, in turn, sent me to withhold my salary. In 2017, the enforcement proceedings were completed as a fact, i.e., the debt was withheld in full. Despite this, the bank debited my account from the card as soon as I failed and left money on the card. Collectors called, claiming that the debt had not been repaid.
1) 10/18/2018 “collection of funds for 14,389.80 rubles. according to execution Production No.... from... Reason: solution judicial authority" The money was collected not from the card, but from the account.
2) I’m going to court. The bailiffs receive a decree on the termination of the IP in fact.
3) I contact our bank branch and receive a certificate of no debt. When asked about collection, they answer that the money was collected in accordance with a court order. bailiffs about the seizure of the account, which was canceled/removed -! - 10/18/2018.
4) I leave an oral appeal to number 900 and a written appeal to the bank about the incorrect collection of the d/s with a request to return honestly earned money.
5) I’m going to court. to the bailiffs. “Yes, there was a decree on seizure, but it was lifted at the same time that the IP was completed.”
6) My applications to the bank receive answers, the essence of which is the same: “On the issue of returning the d/s amount... You need to contact the bailiffs.”
7) I'm calling the court. to the bailiffs: “We don’t have your d/s on deposit. This means that the bank retained them on its own. Contact them."
So they pass the ball to each other. I no longer know which of them to run to and what to demand in order to get my money back.
Please help me with advice.

Lawyer Lyapin A. O., 305 answers, 95 reviews, on the site since 10/06/2008
24.1. The bank you are referring to quite often commits such actions. It is necessary, at a minimum, to submit to the bank a demand for a complete ban on direct debiting of funds and the return of previously withheld funds.
In addition, a credit card is a so-called “continuing agreement” that does not have an expiration date. What was collected from you earlier was used to pay off the previous debt, and during this time a new one arose on this card.
It is not possible to give a full consultation here. You can call me at the number indicated in my profile and schedule an in-person consultation. The consultation for you will be free.

25. As part of a criminal case, the account of the defendant’s company was seized to compensate for the damage caused to me by the crime. The court found the defendant guilty, the appeal confirmed this, the court separately made a ruling that the damage caused would be compensated to me from the bank account that was seized, on the basis of the law on judicial execution, in the first place. The bailiff brought to the bank a writ of execution, a court ruling on payment, but the bank's lawyers assist the bailiff in transferring money to his deposit, and state that they work according to the civil code, according to which, first of all, wages are paid. payment, then taxes, and the rest is due to me. The defendant's company has arrears of wages. fees and taxes. But the bailiff insists that according to the law on judicial proceedings First of all, damages from the crime are paid (our case was criminal), and then the salary. fees and taxes, that the bailiff should distribute the money from his deposit and not the bank. But the bank believes that they themselves transfer from the seized account according to writs of execution in accordance with the civil code. How can I get money from my current account determined by the court, does the bank have the right to determine the procedure for payment under writs of execution.

Lawyer Kalashnikov V.V., 188672 answers, 61686 reviews, on the site since 09/20/2013
25.3. The bank is not violating anything. The order of write-off is established by law.
Civil Code of the Russian Federation Article 855. Sequence of debiting funds from the account
(as amended by Federal Law dated July 26, 2017 N 212-FZ)
(see text in the previous edition)

1. If there are funds on the account, the amount of which is sufficient to satisfy all the requirements presented to the account, these funds are written off from the account in the order in which the client’s orders and other documents for write-off are received (calendar priority), unless otherwise provided by law.
2. If there are insufficient funds in the account to satisfy all demands placed on it, funds are written off in the following order:
first of all, according to executive documents providing for the transfer or issuance of funds from the account to satisfy claims for compensation for harm caused to life or health, as well as claims for the collection of alimony;
secondly, according to executive documents providing for the transfer or issuance of funds for settlements for the payment of severance pay and wages with persons working or who worked under an employment agreement (contract), for the payment of remuneration to the authors of the results of intellectual activity;
thirdly, according to payment documents providing for the transfer or issuance of funds for settlements of wages with persons working under an employment agreement (contract), instructions tax authorities for the write-off and transfer of debts for the payment of taxes and fees to the budgets of the budget system of the Russian Federation, as well as instructions from the authorities monitoring the payment of insurance premiums for the write-off and transfer of the amounts of insurance contributions to the budgets of state extra-budgetary funds;
fourthly, according to executive documents providing for the satisfaction of other monetary claims;
fifthly according to other payment documents in calendar order.
Debiting funds from the account for claims related to one queue is carried out in the calendar order of receipt of documents.

Lawyer Yanygina Y.V., 793 answers, 495 reviews, on the site from 09.13.2018
25.4. Let the bank write a written refusal to transfer money, which either you or the bailiff will appeal to the court. Article 30.1 of the Code of Administrative Offenses of the Russian Federation. There’s no other way, you’ll keep talking in circles - bank-bailiff-bank, etc.

Lawyer Derevyanko S.Yu., 155781 answers, 56963 reviews, on the site from 08/15/2012
25.5. The point is that what the bailiff says is absolutely true. First of all, claims for compensation for damage caused by the crime are satisfied.

Federal Law of October 2, 2007 N 229-FZ (as amended on August 3, 2018) “On Enforcement Proceedings” (as amended and supplemented, entered into force on September 3, 2018)
Article 111. Sequence of satisfaction of claims of collectors

1. In the event that the amount of money collected from the debtor is insufficient to satisfy in full the requirements contained in the enforcement documents, the specified amount is distributed among the claimants who presented the enforcement documents on the day of distribution of the corresponding amount of money, in the following order:
1) first of all, claims for the collection of alimony, compensation for harm caused to health, compensation for harm in connection with the death of the breadwinner, compensation for damage caused by a crime, as well as claims for compensation for moral damage are satisfied;
(as amended by Federal Law dated December 17, 2009 N 325-FZ)
(see text in the previous edition)
2) secondly, the requirements for the payment of severance pay and wages of persons working (who worked) under an employment contract are satisfied, as well as for the payment of remuneration to the authors of the results of intellectual activity;
3) thirdly, the requirements for mandatory payments to the budget and extra-budgetary funds are satisfied;
4) fourthly, all other requirements are satisfied.
2. When distributing each sum of money collected from the debtor, the claims of each subsequent queue are satisfied after the claims of the previous queue are satisfied in full.
3. If the amount of money collected from the debtor is insufficient to satisfy the demands of one line in full, then they are satisfied in proportion to the amount due to each claimant specified in the writ of execution.
4. If the requirements contained in the executive documents are fulfilled by a bank or other credit organization, the order of debiting funds from the debtor’s accounts is determined by Article 855 Civil Code Russian Federation.

Lawyer Shishkin V.M., 62632 answers, 25520 reviews, on the site from 02/11/2013
25.6. The bailiff is right. There is a order in which requirements are met. First of all, there are demands for compensation for damage caused by the crime.

Federal Law of October 2, 2007 N 229-FZ (as amended on August 3, 2018) “On Enforcement Proceedings” (as amended and supplemented, entered into force on September 3, 2018)

Article 111. Sequence of satisfaction of claims of collectors.

Lawyer Egorova E. A., 52852 replies, 29582 reviews, on the site from 05.26.2016
25.7. Hello, in this case the bank is acting illegally, since there are judicial acts that must be executed, including a court ruling on the seizure of funds in order to ensure the fulfillment of your requirements. The bank itself cannot distribute money according to writs of execution. This is not their competence. File a complaint with the Central Bank of the Russian Federation, the prosecutor's office in accordance with Article 10 of the Federal Law on the Prosecutor's Office, or the court with a claim under Articles 131-132 of the Civil Code of the Russian Federation.
Good luck and all the best to you.

Lawyer Shamolyuk I.A., 61033 answers, 25769 reviews, on the site from 07.11.2009
25.8. Good afternoon, Svetlana! The bailiff is absolutely right.

Write a complaint against the Bank to the Central Bank of Russia and the prosecutor's office.

The fact is that, according to Art. 3 Federal Law-229 "On Enforcement Proceedings"

2. The norms of federal laws governing the conditions and procedure for the compulsory execution of judicial acts, acts of other bodies and officials, must comply with this Federal Law.

Those. the norms of the Civil Code of the Russian Federation must comply. If they do not comply, Federal Law 229 is applied. this law has great legal force and the bank must obey.

In addition, according to Art. 6 FZ-229
1. The legal requirements of the bailiff are mandatory for everyone government bodies, bodies local government, citizens and organizations and are subject to strict implementation throughout the Russian Federation.

Good luck in resolving the issue!

26. The situation is this: I had a debt for utility bills, I paid it off in full in June 2018, and in September the bailiffs withdrew 22,000 from my Sberbank account. It’s still on deposit with them, how can I get the money back?

Lawyer Khusnutdinova E.F., 3 replies, 0 reviews, online since 09/18/2018
26.1. You need to obtain a certificate from the management company confirming the repayment of the debt in full or a statement from the management company about the end of the contract. the proceedings are actually completed and submitted to the bailiff service. Based on the specified documents, they will graduate from Spanish. proceedings against you and return the funds to your Sberbank account.

27. In December 2017, he paid a criminal fine in full, immediately after payment he came to court and provided payment receipts, asked to send a document confirming the fulfillment of the court’s requirements and copies of checks to the bailiff. Everything was sent and a payment order was given. In April 2018, the accounts were seized and everything was written off as zero, still by the same bailiff and still under the same individual entrepreneur. I go to the bailiff, write a statement addressed to the senior bailiff, about lifting the arrest and returning the money, I attached a court order from him (for full payment of the fine) and of course copies of the checks. All this is accepted, the arrest is removed from the accounts, and the individual entrepreneur is terminated. But the money was never returned, citing the fact that it went to the treasury and would have to wait about a month. Two months pass, no return. I take statements from the bank, which indicate that funds were written off from my account to the deposit of the bailiffs and that there was no return. I went to court, the judge held a meeting and issued a ruling on clarification and return of funds, assigning all this to the bailiffs department. I issued a copy of this resolution. I’m going again to the bailiff, but to the senior one, the head of the department. The boss could not find my previous application, and the bailiff for my individual entrepreneur was on vacation. We rewrite the application, indicating the exact amount, the invoice, and attaching a resolution (copy) of a copy of the checks. Accepted. I asked about the timing. I answered in two weeks. A month has passed. I was in court today. The judge is hysterical, he says I don’t know what else they need, I did everything. I don't know anything else. She said write a complaint to the court, or the Ministry of Jurisdiction, supposedly to a higher authority.
The senior bailiff kept showing writs of execution from other judges, which stated the return, termination of the IP, copies were attached, and there were seals from the court. The judge from my precinct has no idea what document the bailiff is talking about, he says, I gave you a resolution, and the bailiff says that this is a stupid document and you need something like this, but he doesn’t give you a copy or a photo, or a sample. In general, the court blames the bailiffs, and the bailiffs blame the court. The judge is ready to issue this writ of execution, but the bailiff does not provide a sample. In general, I’m very tired of this, I want to sit them at the same table so that they solve the issue face to face, and not through me, dragging them from one end of the Moscow region to the other.
What to do?

Lawyer Manenkova E.V., 484 replies, 422 reviews, on the site from 12/14/2017
27.1. I can suggest trying 2 options to solve your problem.
1. File a complaint with the prosecutor’s office at the location of the ROSP. This can also be done using the official website of the subject’s prosecutor’s office. You can also send a written appeal to the prosecutor at the location of the ROSP.
2. You can appeal the inaction of the bailiffs to the court in the manner prescribed by the Code of Administrative Proceedings.
Read Chapter 22 of this code (CAS RF).
note that
7. The court may deem it mandatory to appear at court hearing representatives of a body, organization, person vested with state or other public powers who made a contested decision or committed a contested action (inaction), and in case of their failure to appear, impose a court fine in the manner and amount established by Articles 122 and 123 of this Code.

Art. 226, “Code of Administrative Proceedings of the Russian Federation” dated 03/08/2015 N 21-FZ (as amended on 07/19/2018) (ConsultantPlus)
Perhaps the judge will oblige the bailiff to appear at the court hearing and, in fact, it will be possible to seat them at the same table.

28. How long is money kept on deposit with the bailiffs?

Lawyer Shishkin V.M., 62632 answers, 25520 reviews, on the site from 02/11/2013
28.1. Usually up to three days. During this period, money must be sent from the deposit account to the account of the creditor.
Federal Law "On Enforcement Proceedings" dated October 2, 2007 N 229-FZ

Good luck to you.

29. Do bailiffs return money to the debtor if there is money left on deposit?

Lawyer Koporulina A. A., 408 answers, 282 reviews, on the site from 04/05/2018
29.1. Elena, good afternoon. Excessively paid funds for enforcement proceedings can be returned by bailiffs upon written application.

30. What threatens me if, at a meeting of the arbitration court in a case of bankruptcy of a developer, I (an individual who long ago terminated the DDU in court, and am a plaintiff in this case of bankruptcy of a developer) say that I agree to replenish the court’s deposit to carry out the bankruptcy procedure, and I won’t deposit money? After all, the court does not introduce a bankruptcy procedure while there is still no money on the deposit and this has not been proven by submitting a payment slip to the court and does not issue a ruling on the start of the procedure. Or does the court rule that I deposit the money? And if I don’t pay, will the bailiffs charge me?

Lawyer Polyankin A. A., 655 answers, 560 reviews, on the site from 02/04/2018
30.1. Good afternoon This does not threaten you personally, and no one will write off money from you. If you do not deposit funds to finance the bankruptcy procedure, the court will terminate the bankruptcy proceedings due to the lack of funds sufficient for compensation legal expenses to carry out procedures applied in a bankruptcy case, including the costs of paying remuneration to the arbitration manager (paragraph eight of paragraph 1 of Article 57 of the Bankruptcy Law).
The judge has the right to oblige the person who has agreed to finance the costs of the bankruptcy case to deposit funds into the court's deposit account in an amount sufficient to pay off the costs of the bankruptcy case.
If the person who has given consent fails to deposit funds at the request of the judge into the deposit account of the court, the judge issues a ruling to terminate the proceedings on the basis of paragraph eight of clause 1 of Article 57 of the Bankruptcy Law. (Clause 14 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated December 17, 2009 N 91 (as amended on June 6, 2014) “On the procedure for paying off expenses in a bankruptcy case”)

Lawyer Panfilov A.F., 50202 answers, 24690 reviews, on the site from 09/20/2013
30.2. No, no one will write anything off from you, the court will simply terminate the proceedings due to the lack of financing for the bankruptcy procedure, that’s all.

The concept of bailiff deposit

Definition 1

The bailiffs' deposit is the totality of funds that are collected from the debtor in the process of fulfilling the requirements reflected in the writ of execution, including through the sale of even the debtor's property, which must be credited to the deposit account of the bailiffs division.

In practice, at present, all funds that were collected from debtors must first be credited to the deposit account of the bailiff department, after which they must be transferred to the accounts of the collectors. This procedure has been established by the management of the bailiff service.

Transfer of funds to the deposit of bailiffs

In a situation of foreclosure on the debtor’s property on the basis of executive documents, first of all, it occurs on his funds, both in national and foreign currency, and other valuables, including those located on deposits, in accounts or in storage as in banks themselves, as well as in other credit institutions (except for the debtor’s funds, which are in collateral, trading, nominal and clearing accounts).

As for the collection of funds in foreign currency, this happens due to the lack of funds in the national currency or their insufficiency with such a debtor.

In the absence of funds or their insufficiency from the debtor, foreclosure is applied to other property that is in his ownership, economic management and operational management (except for property that is not subject to recovery according to the law, regardless of whose and where it is actually owned or it is in use and the property withdrawn from circulation). Such property is subject to sale, and the funds are deposited with the bailiffs.

Note 1

The debtor has the right to indicate the property on which he asks to foreclose first, but the final decision on the priority of foreclosure on the property will be made by the bailiff.

If the debtor has property that belongs to him by right of common ownership, recovery will be carried out only in relation to his share.

Use of funds from bailiff deposits

Once received, these funds are subject to distribution in a certain order.

If there are claims of a property nature, the procedure in the executive document will be as follows:

first, the claims of the claimant himself are subject to satisfaction in full, including reimbursement of expenses incurred by him in carrying out enforcement actions,
then the remaining costs of carrying out enforcement actions are subject to reimbursement,
Only after this is the execution fee paid.

If there are claims of a non-property nature, the procedure in the executive document will be as follows:

first, the costs of carrying out enforcement actions are subject to satisfaction,
then an enforcement fee is payable.

Note 2

As for the requirements of each subsequent queue, they will be subject to satisfaction after the requirements of the previous queue are satisfied, and in full.

The funds that remain after the entire sequence of claims have been satisfied must be returned to the debtor. The duties of the bailiff include informing the debtor within a period of three days about the presence of such a balance of funds and, accordingly, the possibility of receiving them.

Funds that were not claimed by the collector are subject to storage in the deposit of bailiffs for a certain period, for at the moment at the legislative level, a period of three years is specified, after which the mentioned funds are subject to transfer to the federal budget.

1 answer. Moscow Viewed 101 times. Asked 2012-12-11 14:02:27 +0400 in the topic “Family Law” Closing enforcement proceedings without execution. Is there any point in filing a complaint? - Closing enforcement proceedings without execution. Is there any point in filing a complaint? further

1 answer. Moscow Viewed 277 times. Asked 2012-03-22 10:28:34 +0400 in the subject " Civil law» Question about the competence of a lawyer - Question about the competence of a lawyer.

Protecting your Rights is our job! Legal advice

It often happens that writs of execution, when they reach the bailiffs, disappear, as if in a black hole in the vastness of space: no greeting, no answer, no money. So that your case does not get lost, but progresses, pester the bailiff more often.

If you do not agree with his actions or, as happens much more often, absolute inaction, then you must correctly and formally write a complaint to his immediate superior - the senior bailiff.

On the prohibition of transfer of funds by bailiffs to third parties

Transfer of collected funds in favor of third parties who are not parties to enforcement proceedings and do not have the right to receive them is unacceptable

The FSSP of Russia analyzed appeals and judicial practice regarding the consideration of applications for appealing against the actions (inaction) of bailiffs regarding the transfer, at the request of the recoverer or his representative, of the collected funds to the bank accounts of third parties who are not a party to the enforcement proceedings.

Foreclosure of the debtor's funds deposited with the territorial department of bailiffs

Despite the fact that the new edition of Federal Law No. 229 dated October 2, 2007 “On Enforcement Proceedings” (hereinafter referred to as the Law) has been in force for more than two years, there are still many interesting problems that arise in the course of law enforcement activities .

Consider the following situation. There is a debtor, Debtor LLC, who is also a claimant in another enforcement proceeding.

Transfer of funds held in deposit accounts of bailiff departments

To receive funds to the recoverer or his representative, whose powers are certified by a power of attorney issued and executed in accordance with federal law, and in cases established international treaty Russian Federation or federal law - another document, you should open a current account:

1) in the currency of the Russian Federation in a bank or other credit organization located in the territory foreign country(at the place of registration of the claimant) and having Loro accounts (correspondent account) with Sberbank of Russia;

2) or in the currency of the Russian Federation in a bank or other credit organization located on the territory of Russia and having a correspondent account in a foreign bank (at the place of registration of the claimant).

Bailiffs do not transfer money

The staff of our College of Lawyers considers it unacceptable to post the full texts of court decisions on the website, due to their clutter, as well as in order to fully ensure the protection of the personal rights of our clients and compliance with attorney-client privilege.

P. turned to us with a request to return to him the funds that were excessively transferred by the bailiffs to the recoverer. P. explained that he is a debtor in relation to B.

What should I do if, according to the bailiffs, they transfer money to me, but this money does not arrive to me?

In the case you described, you, as a party to this enforcement proceeding, can appeal the actions of the bailiff to the senior bailiff under whose authority this bailiff is located, or to the district (city) court in the area of activity of which the specified person performs his duties.

Appeals against actions (inaction) of bailiffs are made in the following order established by Federal Law dated 02.

Often money from a joint venture does not arrive within 5 business days, or even a whole month or two.

When will the bailiffs transfer the money?

This can be regarded as a reason for complaint. But is it possible to demand some interest as compensation for the fact that the amount of money remains in the FSSP deposit account for more than the period allotted by law?

press search.

at of this person no debts;
the debt has been repaid;

Category: Banks

Bailiffs deposit account - what is it?

Debt collection within the framework of enforcement proceedings occurs through the bank account of bailiffs. This is a deposit account to which the debtor transfers money in the required amount within the allotted time frame.

For security reasons, interaction does not occur directly, but through the deposit account of the joint venture (bailiff). Forcible collection of property or writing off funds from the debtor's bank accounts is also practiced.

After the money has been deposited into the deposit account of the territorial division of the bailiffs, the obligation is considered properly fulfilled. Thus, the debtor is released from obligations under the writ of execution.

The regulatory framework of the issue is covered in Article 110 of Federal Law No. 229-FZ “On Enforcement Proceedings”.

The bailiff does not have the right to transfer money to a third party who is not a party to the enforcement proceedings.

However, another problem very often occurs - money is delayed in the deposit account of the OSP (bailiff department) for various reasons. Delays and errors may also occur due to human factors.

Deadlines for transferring money from the bailiff

The law obliges bailiffs to transfer (transfer) money within a specified time frame. You can learn about this from paragraph 1 of Article 110 No. 229-FZ. It states that the transfer of funds from the bailiff to the collector must occur within 5 operational (banking) days from the moment they are received in the OSP account.

Theoretically, the procedure should take five working days, excluding weekends (Saturday and Sunday) and holidays. If the debtor paid the required amount, but the joint venture did not fulfill their obligations within the specified period, then this is a violation of the law.

bailiffs do not transfer money

In this case, the FSSP bears responsibility for the delay.

Procedure for transferring funds

According to Federal Law No. 229-FZ, funds from the deposit account of the joint venture are distributed in strict order.

The order of distribution is as follows:

satisfaction of the claimant's demands, as well as his costs of enforcement actions;
payment of other costs related to enforcement actions;
payment of the execution fee;
payment of fines that were imposed on the debtor during the execution of the requirements under the writ of execution.

If all of the above requirements are satisfied, the remaining money in the account will be returned to the debtor.

Why doesn't the bailiff transfer the money?

The reasons why there is a delay in transferring money from the account of the joint venture department may be different. In each individual case, various circumstances are cited - from the accountant’s vacation to the introduction of new software.

On the Internet you can find many complaints about the work of the bailiff regarding long delays (over a week) in the transfer process.

“The money is stuck in the bailiffs’ account due to the fact that there was a change in the head of the main department of the FSSP. The senior bailiff still hasn’t formalized his signature, so I’ve been waiting for a month,” legal forum.

“The amount of money has been in the OSB account for a month and has not been transferred. They immediately said that there was an error in the details and everything would be sorted out quickly, then they said that the bank was not processing the payment, etc. The boss and accountant are unreachable because they simply don’t answer the phone.

Ultimately, I personally went to see the head of the OSP, and it turned out that the reason was different - the transition to a new program. The deposit was blocked and they promised to resolve the issue only within a month.

It turns out that none of the claimants will receive their money and only because of some

programs", Andrey, legal forum.

It turns out that the debtor has fulfilled his obligations, while the creditor is still left without money. Such situations occur quite often, but there are legal levers of influence over such inaction, namely a complaint.

Can I claim compensation?

There is no legal basis for collecting interest for late transfer of funds from the bailiff to the collector. The fact is that the relationship that arose between the plaintiff and the bailiff does not relate to the law of obligations.

This is not a transaction, therefore the interest provided for in Article 395 of the Civil Code of the Russian Federation cannot be collected.

Responsibility of the bailiff for late transfer

If there is a delay in transferring funds, you can appeal the inaction of the bailiffs. This is stated in Articles 118-121 No. 229-FZ.

There are two ways to appeal:

in the order of subordination - by filing a complaint with the FSSP department;
in court - by filing a claim in court against the inaction of the bailiff.

Challenging the inaction should be directed at the senior bailiff. This person is obligated by law to distribute funds from the deposit account of the joint venture unit.

If the bailiffs transferred to the wrong account

This error is extremely rare, but can also happen. In the case where the joint venture transferred money to the wrong account and refuses to return it, you need to write a complaint to the FSSP.

The complaint is drawn up in any form indicating:

name of the organization to which the complaint is filed;
your data: address, full name, home and mobile phone;
the essence of the reasons for the complaint with a detailed description of the situation;
your requirements: 1) deal with the error; 2) return the money.

The complaint must be accompanied by copies of documents certifying the truthfulness of the information and sent by registered mail to the FSSP department.

How to find out the debt from bailiffs?

The most convenient way to find out about the presence or absence of debts is on the official FSSP portal. It contains information about those debts for which there is already a court order and enforcement proceedings are underway.

Step-by-step instructions on how to find out your debt on the FSSP website:

go to the FSSP website in the “Data Bank of Enforcement Proceedings” section. If you need to find out information by last name, then select “Search individuals».
select the required region or “All regions”;
fill in the fields: full name, date of birth;
press search.

If there is a debt, a list will be displayed with information on debts for which writs of execution have been issued. The data includes the number and date of the writ of execution, its amount, contacts of the bailiff, as well as the FSSP specialist who is handling the case.

On the same website, you can pay the debt in any convenient way, as well as print a receipt and pay through the bank’s cash desk. It is not necessary to notify the joint venture about the payment - the information reaches them automatically.

If there is no data on the FSSP website

If nothing is found by request on the FSSP website, then there may be three options:

the person has no debts;
the debt has been repaid;
The court decision has not yet been transmitted to the bailiffs.

It is also useful to conduct such a search by name before planning to travel abroad or take out a loan in order to avoid possible problems.

Transfer of funds from the bailiff according to the law is made within 5 working days. However, there may be a delay in this process, which can be appealed legally - this will help you get money from the debtor faster.

Category: Banks

Transfer of funds from a bailiff - find out the debt, executor

Bailiffs deposit account - what is it?

After the money has been deposited into the deposit account of the territorial division of the bailiffs, the obligation is considered properly fulfilled.

How bailiffs collect debts from individuals by court decision

Thus, the debtor is released from obligations under the writ of execution.

The regulatory framework of the issue is covered in Article 110 of Federal Law No. 229-FZ “On Enforcement Proceedings”.

The bailiff does not have the right to transfer money to a third party who is not a party to the enforcement proceedings.

However, another problem very often occurs - money is delayed in the deposit account of the OSP (bailiff department) for various reasons. Delays and errors may also occur due to human factors.

Deadlines for transferring money from the bailiff

Procedure for transferring funds

According to Federal Law No. 229-FZ, funds from the deposit account of the joint venture are distributed in strict order.

The order of distribution is as follows:

satisfaction of the claimant's demands, as well as his costs of enforcement actions;
payment of other costs related to enforcement actions;
payment of the execution fee;
payment of fines that were imposed on the debtor during the execution of the requirements under the writ of execution.

If all of the above requirements are satisfied, the remaining money in the account will be returned to the debtor.

Why doesn't the bailiff transfer the money?

On the Internet you can find many complaints about the work of the bailiff regarding long delays (over a week) in the transfer process.

It turns out that none of the claimants will receive their money and only because of some

programs", Andrey, legal forum.

Can I claim compensation?

Often money from a joint venture does not arrive within 5 business days, or even a whole month or two. This can be regarded as a reason for complaint. But is it possible to demand some interest as compensation for the fact that the amount of money remains in the FSSP deposit account for more than the period allotted by law?

This is not a transaction, therefore the interest provided for in Article 395 of the Civil Code of the Russian Federation cannot be collected.

Responsibility of the bailiff for late transfer

If there is a delay in transferring funds, you can appeal the inaction of the bailiffs. This is stated in Articles 118-121 No. 229-FZ.

There are two ways to appeal:

in the order of subordination - by filing a complaint with the FSSP department;
in court - by filing a claim in court against the inaction of the bailiff.

Challenging the inaction should be directed at the senior bailiff. This person is obligated by law to distribute funds from the deposit account of the joint venture unit.

If the bailiffs transferred to the wrong account

This error is extremely rare, but can also happen. In the case where the joint venture transferred money to the wrong account and refuses to return it, you need to write a complaint to the FSSP.

The complaint is drawn up in any form indicating:

name of the organization to which the complaint is filed;
your data: address, full name, home and mobile phone;
the essence of the reasons for the complaint with a detailed description of the situation;
your requirements: 1) deal with the error; 2) return the money.

The complaint must be accompanied by copies of documents certifying the truthfulness of the information and sent by registered mail to the FSSP department.

How to find out the debt from bailiffs?

Step-by-step instructions on how to find out your debt on the FSSP website:

go to the FSSP website in the “Data Bank of Enforcement Proceedings” section. If you need to find out data by last name, then select “Search for individuals.”
select the required region or “All regions”;
fill in the fields: full name, date of birth;
press search.

If there is no data on the FSSP website

If nothing is found by request on the FSSP website, then there may be three options:

the person has no debts;
the debt has been repaid;
The court decision has not yet been transmitted to the bailiffs.

It is also useful to conduct such a search by name before planning to travel abroad or take out a loan in order to avoid possible problems.

Category: Banks

Forbidden

The holder's further steps will depend on the legality of the actions of the bailiffs.

InfoHow to lift a seizure If there is an outstanding debt, and the bailiff acted within the law, the client is recommended to:

repay the debt and apply to the bailiff service to remove the seizure from the account;
if there are insufficient funds, contact the head of the body with a written application for partial payments or the possibility of repayment from salary or pension;
After full repayment of the obligation, the bailiff will send a resolution to the bank, with instructions to unblock the account.

This is the simplest and most correct way for both the debtor and the service employee.

But there are times when officials make mistakes.
For example, there are frequent complaints that bailiffs have seized a salary card in the red.

The bailiffs withdrew money from the card without notice

There is a list of income that is prohibited from being written off by law.

How long can funds be returned? Funds collected from the debtor by the bailiff service are initially transferred to the FSSP account, from which they must be transferred or issued in cash to the recoverer within 5 banking days.

Bailiffs withdrew money from a bank card

Attention

Otherwise, they go to court with a statement of claim.

How long to wait for unblocking In order for the card to be unblocked faster, the client must show interest in solving the problem: pay off the debt, provide supporting documents. Important

You may have to contact the bailiff service more than once, or a bank employee who will lift the ban.

According to reviews, the card unblocking period is usually 2–3 days.

Can I open another card? In a situation where the card account is blocked due to debt problems, it will not be possible to open a new card at Sberbank or contact another bank for the same purpose.

Let us explain why. After submitting an application to open an account and card, the data provided by the applicant is checked, including credit history and outstanding payments.

Withdrew money from a Sberbank card: what to do, how to return it

There has been a debit from your account...” Mobile banking users may be alarmed by a familiar text if the transaction took place without their participation or desire.

They wrote off money from the card without my knowledge. In such situations, the algorithm of actions begins with finding out the reasons for the write-off.

They will determine the card user's next steps to get the money back.

If you did not consent to the withdrawal of money, then it happened illegally. How quickly it is possible to return the money written off from the card depends on the correctness of the actions of the card owner. It is convenient to use a plastic card when it does not cause hassle.

No consent required? Stories of write-offs for collection of fines or duties are similar to each other: SMS about withdrawal of funds at the request of judicial authorities.

Bailiffs wrote off money from a Sberbank card

Subsequent debiting of funds is possible in an amount of no more than 50% of the incoming amounts into the account wages.

This is stated in the Federal Law “On Enforcement Proceedings”.

From credit Debiting funds from a credit card is allowed.

The funds received by the debtor on account of the loan may be seized by bailiffs in accordance with current legislation. Without warning A warning is a document sent to the debtor about the initiation of enforcement proceedings. This notice provides a deadline for voluntary repayment of the obligation. If no action is taken within the approved period, the funds are forcibly written off. Bailiffs do not notify debtors immediately before debiting funds from an account. They are not required to give any additional warning.

Do bailiffs have the right to withdraw money from a bank card?

Remember this, no matter what force majeure circumstances the callers refer to and no matter what financial losses they warn about.

Another common method of theft is bank card– a message about its blocking.

What to do if the bailiffs cannot collect the debt

You will also be asked to call the specified phone number back, calling this step the only way to return the card to the current mode.

This way, scammers can easily obtain the login and password required to use Internet banking or a mobile banking application.

Therefore, be more careful about any messages containing links.

Sometimes they are malicious and can be sent from a number in your phone contacts list.

Bailiffs withdrew money from a Sberbank card

The bank, having received such a document, writes off funds in a certain amount. If there is no money at the moment, then the information is placed in a special register.

Once the funds arrive in your account, they will be debited.

What does the law say? In accordance with Federal Law No. 229 “On Enforcement Proceedings,” bailiffs have the right to seize the debtor’s property to pay off the debt.

The only exceptions are certain properties. That is, when debiting funds from a bank card, bailiffs do not violate the provisions of the current legislation. Execution of a decision Execution of a court decision is the main function of bailiffs.

Moreover, the data bank of enforcement proceedings only receives debts that were recognized as legal by a court decision that has entered into legal force.

Bailiffs writing off fines from cards - which banks don’t charge them?

In court, on the basis of Article Eight Hundred and Fifty-Six of the Civil Code of the Russian Federation “Responsibility of the Bank for Improper Transactions on the Account,” you can count on payment of interest from the bank.

And article fifteen, Compensation for moral damage of the Law on the Protection of Consumer Rights, gives the right to demand compensation for moral damage. If the bank has no doubts about the correctness of your words, the money will be returned to your bank card.

Banks may consider your application for several days, but usually no more than a month.

Write-offs under the control of Online banks, the opportunity to which is opened mobile applications or computers, record all transactions on a bank card.

The most common way to stay on top of transactions is through banking apps.

Their availability and operation are possible only if you have a mobile Internet connection.

Liana Osipova:

Within what period must the bailiffs review the writ of execution, collect from the defendant and transfer it to the plaintiff? Federal Law on enforcement proceedings. Article 36. Time limits for carrying out enforcement actions 1. The requirements contained in the executive document must be fulfilled by the bailiff within two months from the date of initiation... Total term execution of enforcement actions - two months from the date of receipt of the enforcement document by the bailiff. In practice, this requirement is often violated, including due to the heavy workload of bailiffs...
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Peter Sokolov:

Within what period established by the law of the Russian Federation, the FSSP must transfer the collected debt from the individual entrepreneur to the Pension Fund of the Russian Federation? If the bailiffs have collected the debt into their deposit account, they are obliged to transfer this money to the collector within five business days (Article 110 of the Law “On Enforcement Proceedings”). Enumeration in this case is a registration... Tomorrow
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Svyatoslav Novikov:

Bailiff service (terms for execution of the decision) According to the law “On Enforcement Proceedings”, the bailiff is given 2 months to execute court decision, but these deadlines, as a rule, are not observed, and there are objective reasons for this - the debtor lacks property, for... write a complaint against the senior bailiff about the bailiff's inactivity, then to Uikfdyjuj the bailiff about the lack of control over subordinates on the part of the senior bailiff and ask to close the border for the debtor. and carry out other actions for speedy recovery...
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Nelly Komarova: Bailiff Service

Bailiff Service After the Bailiff Service receives the writ of execution, the bailiff is given 2 months. These 2 months need to control the entire progress of production, but not require immediate execution. After that...
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Bogdan Smirnov:

Can the plaintiff re-demand from the defendant a debt already collected by the bailiffs under the writ of execution? So it turns out that the debt is paid twice. First voluntarily, directly to the collector, bypassing the bailiffs, then to the bailiffs, now they are asking you to pay the debt for the third time. And you had a choice. If the debt is repaid, there is no need to pay the bailiffs... If you were not notified properly, go and challenge it. Such cases are won once. Further, if you paid, there are documents confirming payment. they had to be presented to the bailiffs. Well, as a last resort, present payment to the housing office to the bailiffs and...
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Liana Osipova:

The court decided to reimburse legal expenses. Where and how can I get this money? First, a writ of execution in court, then this writ of execution to the bailiffs, they will initiate enforcement proceedings and collect money from the debtor, then transfer this money to you. An interesting question... And from whom you collected it, get it from him.
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Leonid Solovyov:

Lawyers, who knows, tell me... And the bailiff transferred to your account the ENTIRE amount collected by the court decision, but as he correctly writes - a Principled Decent Man *** “The bank charged you interest not as from the amount collected by the bailiff from the employer, but as from an ordinary client... You could issue plastic card in Sberbank and withdraw through an ATM without commission. And for issuing cash through the cash register there is always a commission. And the bailiff has nothing to do with it. In this case, this is your relationship with Sberbank. He...
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Robert Fedorov:

Is it possible to recover interest from the bailiff service under Article 395 of the Civil Code? 1. Do you have accurate information that your funds have been collected and transferred to the OSP accounting department account? 2. In order to transfer the collected funds from the OSB account to your account, you need the bailiff handling your case...
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Nelly Komarova:

The woman was not paid for more than two months and was sent on leave at her own expense. During this time she serves lawsuit O 1) there will be a court decision to collect money 2) get a writ of execution from the court 3) take it to the bailiffs, 4) they will find the defendant, collect and transfer the money to you. It’s easy to quit: write a letter (registered) to the employer’s address in the employment contract... About what? Maybe not anymore. Bailiffs can write off money from the organization’s account if there is money in this account (which is unlikely). Probably no property either. And a different director has already been signed up. You can sue organizations like Russian Railways. And so the risk...
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Daria Orlova:

A writ of execution, what is it? Attach a photo, we will answer. Bailiffs do not give out money in cash, but transfer it to your bank account. So you need to go to the bailiffs and write a statement: Please transfer money to my current account such and such. Apparently you filed a lawsuit against Petrov...
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Nadezhda Andreeva:

Where to start, I pay alimony and they are suing me. Justifying this by the fact that I transferred the money for April not on May 1, but on May 5 Some kind of crap.... there is no reason in my opinion... There are such hysterical mothers. Be strong, Mikhail. Or convince your ex-wife, talk to her. Explain that this is stupid. You are helping a child, you didn’t abandon him, you transferred money...
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Alexander Filippov:

The wife filed for alimony. took the court decision to the bailiffs and did not go to the bailiffs. How long does it take for the court decision to be valid? THE DEADLINE IS NOT SET.... But by presenting it to the bailiffs, he will be able to collect for the previous three years. A normal man will pay child support for his child. It should be a shame to write something like this. The court decision comes into force in 10 days After 3 years...
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Nelly Alekseeva:

the ex-husband does not pay alimony at all, the matter is in court proceedings. He sued the jointly owned apartment... Have you received alimony payments from the court? If not, then you have no grounds for deprivation parental rights. All grounds for deprivation of parental rights are listed in Article 69 of the RF IC. Better ask a question to lawyers, for example here. In general, I sympathize.. And where were they looking when such a husband was chosen?.. don’t listen to the men who write here. Fathers don’t need children.. .
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Anna Bolshakova:

About alimony. Tell me? Internal survey you won’t be able to register the child as the father, without his consent you’ll have to establish paternity in court and then file for alimony of any of his property, you won’t be able to sue because children don’t have the right to the property of their parents stupid...
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Regina Pavlova:

The bailiff withdrew money from maternity capital to pay off the loan debt. It's not legal what to do. Lawyer to help urgently appeal the decision of the bailiff LAWYER, He is wrong, the bailiff’s actions must be appealed in court. MK funds are targeted The bailiff simply stupidly seizes the bank account, without understanding what kind of money is there - the winnings...
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Evgenia Belyaeva:

Good evening everyone. Why is alimony transferred to the deposit account of the bailiffs? And what do you need to wish to pick them up? Were the bank account details reported to the bailiffs??? You can contact the bailiff, write a statement in which you indicate your details and alimony will be transferred to you. The bailiff must provide your details...
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Anna Doronina:

2 months have passed since the trial, in my favor, but the money has not arrived yet. What should I do? You were a guarantor for a loan, paid money for the Debtor, then went to court to collect funds from the Debtor? If a decision has already been made to collect funds from the debtor, it must enter into force (10 days). If... the decision came into force. a month has passed. go to court, get a writ of execution, and then go to the bailiffs at the location of the bank to initiate enforcement proceedings. and there the bailiffs will do everything themselves.
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Amelia Petrova:

Due to arrears of alimony, the bank account was seized. To which the company transfers money no... of course... children from his first marriage are daughters... If I paid on time, there would be no problems. . Let him pay off the debt.... They did the right thing. No one would close the account for a month of non-payment, which means all these months you lived, ate, dressed...
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Kamil Andreev:

Alimony!!! How should a husband pay alimony and why, if he does not work and has no property, etc. Shoot the cattle! For failure to pay child support, you can have your parental rights revoked. And so yes... Why not? The state will help - it will imprison you for 3 years, and it will give you a job))) And it will even transfer it itself))) The debt is calculated based on the minimum subsistence level, but...
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Alisa Tarasova:

Money has been received into the bailiffs account, within what time period should it be credited to the recipient’s account? It’s strange, why isn’t the debt sent to the recipient right away? Why send it to the bailiffs for some account? They only need a document about the transfer and the bailiffs will lift the arrest. Within 2 months. Part 8 of Article 30 of the Federal Law "On Enforcement Proceedings...
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Katya Shashkova:

Ex-husband goes abroad Damn, I wish I had left you somewhere too! Even after a divorce from a man, women shake their laurel, even in Vietnam they want to get it. This is good. If he leaves, then the competent authorities have given him permission and your consent is not required. And alimony can be...
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Anatoly Sharapov:

ex-wife offers to conclude basic agreements for child support with a natary Alimony... We haven't seen this agreement. What does it say? You can refuse. There is a peculiarity. You have the right to enter into such an agreement for any amount of monthly payments. Only if it exceeds an amount equal to 25% of your...
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Alisa Tarasova:

Hello! I need to apply for alimony, but what if my husband does not have an official job and never will? Child support is only 25%. you are not entitled to anything. Of course, I can answer as it should be by law, but if you are sure that your husband does not and will not have income, then what’s the point? You won’t collect it anyway, there will only be a virtual debt...
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Anna Lazareva:

can bailiffs seize funds not from the owner of the apartment, but from the person who lives in it? If you are registered, then you are required to pay utilities. If you live in another place, then pay there, and provide receipts for this apartment and ask for a recalculation in writing. If you were paid in cash... They have the right to seize the debtor’s property, regardless of where it is located and where the debtor himself is registered. They do not have the right. Only at the expense of the debtor specified in the writ of execution. Read the court's decision and everything will become...
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Nika Dmitrieva: doesn't want to pay child support

doesn't want to pay child support you told us a sad story, maybe deprive him of parental rights? so that later the child does not have to support his drunken father? fuck him! what's the use of it? The court will help you, and then the bailiffs. What are we, women...
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Valentina Sidorova:

The procedure for executing a writ of execution Federal Law of October 2, 2007 N 229-FZ On Enforcement Proceedings. This law defines the tasks, conditions and procedure for the compulsory execution of judicial acts on the territory of the Russian Federation. Enforcement of judicial... not to the debtor and the court does not direct. You need to first get an executive, and then think about what is best. The fastest way is if you know which bank they have an account in (the branch doesn’t matter, take it to the central office anyway). then if you...
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Lena Rozhkova:

How to interact with bailiffs correctly? You need to interact with bailiffs only in writing. Write them a statement demanding to list the measures taken on their part to influence the alimony defaulter. The bailiff MUST make a request to pension fund, in tax... The useless bailiffs are lured by the employer. say thank you for this to the constitution of a drunken fighting goat and to the one who is currently supervising it.... It is unlikely that the bailiff will look for the debtor’s place of work himself. He does not need it. You can find it yourself...
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Veronica Markova:

How to prove that your ex-husband did not help financially? If alimony is collected by the court and it is specified where, to whom and how much to transfer, then it must be transferred as indicated by the court. If you bought food and gifts, this is in addition to alimony. Therefore, documents were handed over to the police to search for the defaulter or... he has to prove it Why him? The bailiff issues a resolution to determine the debt... but if the spouse insists that he paid, then let him prove why he was handed over to the police - it’s not clear, let him prove that he helped with documents...
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Anya Sysoeva:

Tell me what to do correctly regarding alimony!!?? With your wife, draw up an agreement on the payment of alimony with a notary. You cannot sue yourself. I'm not strong. But I pay child support myself. As far as I know, alimony begins to accrue from the moment the application is submitted ex-wife to court. Not yet...
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Inna Uvarova:

How will a person who does not work pay child support? Girls, who knows, tell me I was in a similar situation. When my son’s father did not pay alimony. He was set an amount equal to the subsistence minimum. At that time it was about 5 thousand. Naturally, he did not pay it, because... didn’t work. The amount was accumulating every month, the debt was growing... and now alimony workers seem to be forced to get a job if someone is unemployed.... I would give in kind)))) File a lawsuit for changes in the amount of alimony collection in a fixed amount of money / usually this is two subsistence minimums per child...
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Nikita Semyonov: need help

Need help Well, call the accounting department yourself. Or send an application there by registered mail indicating your account number and your telephone number. If they don’t answer, write a statement to the prosecutor’s office How can he refuse if the employer automatically transfers the money for alimony to you. Write an application addressed to the director, indicating your account number. The writ of execution had to be handed over to the bailiffs. They would control the payment...
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Timur Andreev:

Is it possible to demand a report from the child’s mother about how child support is spent? The legislation does not provide for such a report. Funds for the maintenance of a minor (alimony) go to the disposal of the parent with whom the child lives. However, if you PROVE that spending on your mother SIGNIFICANTLY exceeds her... No, she is not obliged to report to you, you can demand anything, but by law she is not obliged to give this report. if the amount of alimony is large enough (as a rule, the courts take into account when approximately 2-3 living minutes...
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Daria Orlova:

A writ of execution for alimony - do I need to give the original? Is there an option to contact the bailiffs at my place of residence? You can submit the IL for execution to the organization where the debtor works, but as you correctly noted, in this case, violation of your rights is possible in the future. upon dismissal of the debtor, the work will have to send back a COPY of the executive ...
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Leonid Filippov:

How do you like the idea of the head of the Federal Migration Service to report to the Ministry of Internal Affairs at the place of registration once a month and to be searched if he does not register?? Another "brilliant" idea... Who should check in? suspended sentence? Fine. Quite a sensible proposal, especially for temporary buildings. But most the best way the fight against rubber huts will be registered at sanitary standards, including for private and suburban development...
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Nina Filippova:

We are divorced, my husband voluntarily pays 3,500 rubles for alimony, can I legally demand a larger amount? Contact the bailiff with a statement. The bailiff will send a request to the tax and pension fund. There they will issue a certificate of the official income of the alimony provider. If he is officially employed, then you are entitled (depending on the court decision) interest on... What is written in the court decision? 25% of income or a fixed amount?. It cannot be that nothing was written. greed is punishable. The answer will come that he receives 5200 torn. And his accounting department will transfer you 25% of this amount... here...
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Akim Kuzmin:

Does the arbitration court send the writ of execution to the plaintiff by mail or do you need to go to the court to receive it yourself? The arbitration court sends you an enforcement letter by registered mail with notification (the notification is then found in the case materials). You can yourself by hand (i.e. in your hands) receive a writ of execution from the assistant judge (if... The court sends the Spanish sheet only upon your application, either to your address, or to the territorial department of bailiffs, if there is no application, use. the sheet will be in court until you determine its further location. Holds...
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Vitaly Morozov:

How to pay the defendant to the plaintiff according to a court decision Voluntarily go to him with the issuance of a receipt in free form about the acceptance of money. BUT with the obligatory indication of passport details of both the defendant and the plaintiff in a detailed form and description for what and under what decision you are giving money and how much. Or...
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Marina Molchanova:

is there a connection between living wage for the child and the amount of alimony for him No. Alimony is awarded on the basis of Article 81 of the RF IC. If the defendant has a salary, then alimony is calculated from the salary. If the defendant works and the employer transfers you alimony, then payments cannot be made...
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Dmitry Konstantinov:

Is it possible to force it through a bailiff? ex-husband in addition to alimony, demand that the child pay for a vacation ticket for You can’t force anyone to pay anything through the bailiffs. Only the court can recover additional expenses for the child. Moreover, these expenses must be for the treatment of the child - payment for expensive medications, paid treatment, medical procedures and... And also for jeans for my new roommate. no, it’s not possible. Additional income is collected in court - Funds for additional expenses are provided by parents in court only if the expenses themselves are caused...
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Rostislav Mikhailov:

How do I pay child support if I work from May to September unofficially and temporarily? agree with your wife on the amount and take a receipt that you received the items for such and such a month, don’t believe those who say that they won’t collect it, they will, if you don’t work anywhere, you have to pay the minimum wage, this year for one child it’s about 5...
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Marcel Egorov: Minimum amount of alimony

Minimum amount of alimony ALL ARE GROWN PEOPLE AND YOU WRITE SUCH STUPIDITY AREN’T YOU A SHAME ON YOURSELF???? OR DO WE NOW CAN MEN BREASTFEED A CHILD???? Help is called advice!, M ------ YES!!! Apparently they themselves grew like grass, in general, don’t be upset, serve... The defendant has a salary. Based on this salary, you receive alimony. You are obliged to support the child not only with alimony from the father, but also to invest your required 3000 rubles, since, on the basis of Article 61 of the RF IC, parents have...
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Valeria Gromova:

Hello, my ex-husband does not pay alimony for 1.5, he does not participate in the life of the child, he lives in another city. This simply cannot be! I've never heard of this!!! So what next? If you yourself did not collect alimony in court, then it is your fault, not your spouse. The fact that he does not communicate with the child is again your words, and the child’s father will say that...
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Nina Markova:

Is it worth establishing paternity? Will the sex of the asshole be forced to participate in paternity testing? ! Well, you know, now you can collect alimony from him, and when your daughter grows up, he will be able to collect alimony from her! do you think she will need it later??? and there will be moral satisfaction from this??? I doubt it... I wouldn't...
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Gennady Volkov:

Should my ex-husband pay alimony if... He must pay alimony monthly, but the work does not have to pay you anything for the month of April, since he was not employed by them. Alimony is also subject to collection for April. The only question is in what amount. The fact that a person does not work does not exempt him from paying alimony. He is required to pay for all months. If he didn’t work in April, then let him pay according to average salary in the Russian Federation...
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Vasilisa Sukhanova:

I am a guarantor for a friend, are the bank’s actions legal? whether you communicate or not with your friend - it does NOT matter if you are a GUARANTOR! and signed a loan agreement - which spells out your responsibilities in the event that your friend does not repay the loan, you will be the one who will pay it, however, the bank employees... Well, naturally. They want to get money from you, and if they do it illegally, they will get fucked. and they will definitely get it. Why didn’t you think of it before??? Pay, then, when you pay, collect from her. If responsibility for...
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Kirill Petrov:

Apply for child support or be a single mother??? Such situations must be avoided... such as “civil marriage”. And you asked the question not what would be better for the child, but how... to get more money. if he doesn’t work anywhere, then you won’t get anything from him. If he’s unemployed, then what’s the use of him? There won’t be anything listed anyway. You will lose the trial. he will say that he sees your impudent little eyes for the first time, and that’s all. you want to recognize him as your father...
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Sergey Sergeev:

How long can the insurance company delay payments based on a court decision? if there is a court decision and no further claim is filed in a higher court, then payment must be made within the period specified in the Insurance Rules and in the Insurance Agreement. usually it is 3 working days (and no more than a week), but...
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Varvara Vasilyeva: Should I pay again or not?

Should I pay again or not? Do you have quintanzas? You never know who you entrusted with translations. There are a lot of questions, it’s difficult to answer unequivocally, but I’m interested in why a wife would seek revenge on what she has already received regardless of anyone? If your wife demands money from you, let your...
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Evgeny Sokolov:

It is also possible to file a claim for delay in enforcement actions if the debtor has transferred the money, but it is stuck this is not a lawsuit, but a complaint about the inaction of the bailiff, expressed in the failure to transfer funds to you. It is possible, but not about delays, but about payment of compensation in connection with the untimely transfer of funds... But you will either lose or be charged...
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Liya Komarova:

How can you extend your debt repayment period? Write an application for installment plan to the trade union Pay 100 rubles a month)))))))) If you put them in prison, they won’t put you in prison)))
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Vsevolod Nikitin:

I WANT to pay al-you. But the bailiffs do not collect. The wife demands payment from hand to hand. “If I love children” Sp. the bailiff has the sheet Give the money against a receipt, there’s nothing wrong with it, and right now it’s pissing, I can feel it in my heart. Transfer it to your wife on a card, and keep the receipts. Tell me also that your wife is hiding the card number?) The bailiffs will come, you show them the receipts and that’s it. The old fashioned way...
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Katya Shashkova:

how to get money from bailiffs They don't pay cash. leave them a statement with a photocopy of the passbook: since July 18, you have not transferred the money to me. Please immediately transfer to the specified Sberbank account. date signature then you can charge them interest. financier and...
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Nika Bobrova:

they gave the car to a friend, and he, drunk, smashed it into trash I wonder where and why he will sit? He didn’t steal the car - you handed it over yourself. You will win the civil case, receive a writ of execution and contact the bailiffs. The bailiffs will try to collect money from him, first of all by foreclosure... give up the apartment. He may not refuse, but pay 100 rubles. per month. If the court awards, the bailiffs will search for his property. Then they will sell this junk for pennies and transfer it to you. You won't do anything, not even the bailiffs...
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Alisa Maksimova:

How much child support should I pay after leaving my job? According to the average salary in the Russian Federation, its size must be clarified with the bailiff Based on the calculation of the NWRP of the Russian Federation, and not the region. this amounted to 26,489 thousand rubles in September 2012, there is no fresh one yet. Ask the bailiff in your place of residence. Exists...
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Yulia Knyazeva:

The judge's decision that has entered into force It’s strange, why exactly to the personal card account of the chairman of the house council? Did he fulfill the responsibility for repairing and maintaining the common property of the apartment building for you? Execute to the bailiffs' deposit. really strange. IN...
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Gleb Mikhailov:

Court. Spanish sent to the bailiffs. sheet. The bailiff collected the debt from the debtor, but there have been no transfers for more than a month. What to do? Come to the senior bailiff and ask: Where is the money, Zin? Bailiffs are required to transfer money to your account within 3 banking days. Provided that you indicated it when presenting the writ of execution. If so then you have...
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Larisa Gerasimova:

Problem with alimony and writ of execution! How is this not legally alimony? What is this humanitarian aid? These are the most common alimony payments, perhaps underestimated. Any money transferred from the debtor to the recipient of alimony is alimony and does not have to be indicated in the purpose of payment...
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Kamilla Dmitrieva:

I went to the website of the Federal Bailiff Service, found out something about myself, help! you should get a release from the army! How did they get you there? then call the bailiff and tell him that you are in the army! everything will be suspended immediately! Well, why are you eating my brain then! pay and that's it! There are no fools sitting there! and in general, how can you spare money for your...
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Liliya Volkova:

what % of alimony should be transferred from the debtor!? depending on what the first writ of execution is about and what the amount of deductions is there. In general, for all writs of execution, you can withhold up to 70% of your salary. There is also federal law 229-FZ of October 29, 2007, where, in Art. 111 determined... Previously, more than 50% of the salary had no right to be deducted. Now I don’t know how. If there are several sufferers, then in equal parts until the debts are paid off. In general, no more than 70% of the income if the debtor, I won’t say how they divide it among different debtors. For one...
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Natalya Markova:

My husband’s ex doesn’t come to the post office for alimony, they constantly come back to us, how can we not pay at all? are obliged to pay, and keep receipts and postal documents about the return of payment as unclaimed, however, due to the fact that she does not receive child support, she can then index them and collect them as a debt in a larger amount...
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Vsevolod Stepanov:

alimony for a common-law husband! What do you mean by common-law husband? ? ?Marriage or cohabitation? IN ANY CASE THERE WILL BE GEMORA Rights will be taken away. Submit it if your partner is your child’s father (otherwise, a DNA test must be done first). Then you will find out how everything is...
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Kira Ershova:

Is it possible through the court to compensate for the difference in damages after an accident from the person at fault if the compulsory motor liability insurance company did not pay even half? a claim against the culprit of the accident, since the insurance company fulfilled its obligations. You shouldn't have repaired your car, you should have appointed independent examination and seek payment from the insurance company. Now try only with the culprit. If you have preserved...
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Nika Bobrova:

How can I collect alimony from my husband for my second job? Nothing will be automatically transferred to you and will not be credited. First, you will need to prove that your husband really has a second job, you must do this, give the address of this job. The bailiffs did their job, there are no more of them...
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Daria Orlova: what should I do?

What should I do? it was necessary to close it - but contributions to the Pension Fund would be collected. pay. Until you submit an application to terminate the individual entrepreneur, you will be charged contributions to the Pension Fund and taxes to pay and close the individual entrepreneur. Pay off debts, since contributions and taxes were transferred for you as an employee, and...
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Olesya Egorova:

We have writs of execution in our hands. Defendant "Rosgosstrakh" where to send these writs, original or send copies to them? Writs of execution must be submitted to the department federal service bailiffs at the location of the debtor, i.e. Rosgosstrakh. Or you can send it to the Moscow Bailiffs Office (just until the sheet reaches the Office from the Office...
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Yan Kuznetsov:

My ex-husband at work requires my application for alimony, everything was decided through the court! the same thing that you filed with the court in the arbitrary, the main thing is to indicate in the text to which account you should transfer the money. And why your application if you received documents from the bailiff about the collection of alimony. You just indicate your current account and...
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Nina Markova:

"The first trial has passed, my statement of claim partially satisfied Reversal of the court decision Article 443.444 Code of Civil Procedure of the Russian Federation This time the company decided to make a gift to connoisseurs of Apple technology; more than 1,000 units of equipment were allocated for the promotion. Not for anyone...
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Alisa Egorova:

My salary was withdrawn without warning If the organization where you work has received a writ of execution against you (you yourself admit that you have some debts), then the accounting department does not have the right not to execute it. The employer does not have such an obligation to inform you about this...
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Anatoly Sharapov:

Mother deprived of parental rights does not pay child support Go to the prosecutor's office for advice. , they will help you fill out your application correctly. Have you filed a lawsuit for alimony? Start with this. no way. If he doesn’t have rights to the child, he doesn’t owe him anything.... Just like the child doesn’t owe anything...
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Georgy Egorov:

Besides the writ of execution, what do bailiffs need to bring in order to recover money in my favor? Write a statement ( cover letter) that you are sending the court to the service. bailiffs original in Spanish date of sheet issued by whom and when for execution. Indicate the account to which you request the collected money to be transferred. The bailiff issues... I think an AK-74 removed from the safety lock will be enough, then you won’t even need a writ of execution! an application for acceptance of the legal sheet for production, if there is something about the debtor, in order to execute it faster According to the law - nothing but execution...
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Akim Zakharov:

The divorce process and division of property are still ongoing, the husband is trying to break into the apartment and take things out, how to stop him? No way! My friend’s husband took everything away while she was at work... transport it to neighbors, relatives and friends... hire strong, strong guys to guard the house. Or tell the cops to change the locks and hand them over to him (in person or by registered mail...
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Grigory Andreev:

What is the procedure for executing a court decision to collect in favor of the plaintiff... the amount from the LLC bailiff service? Study the Federal Law on Enforcement Proceedings, which outlines the grounds for ending the case. production and return of the writ of execution to the claimant. If there is nothing on the accounts, they will put it on the card index, and the property will be appraised and sold at auction...
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What to do next if alimony has been collected through the court You should not withhold alimony, but pay for the maintenance of your child. If you are a claimant of alimony, that is, you receive it, then you need to provide invoices to the bailiff to whom alimony will be transferred. Open...
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Alexander Popov:

How to send alimony payments. I live in another city and have no idea where it is now, what is the card number? Bailiffs can help you. They will be happy to help you, because you are looking for a BZ in order to transfer alimony, and not vice versa in order to collect it from you The FSSP should have informed you about this. If alimony is collected by court, then you need to contact the bailiff. Contact the bailiff, he will find out the account number. Open an account in your name or in the name of your child and send...
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Yaroslav Konovalov:

at my young man there is a child from his first marriage. he regularly pays a certain amount (they are there with the former contract Why are you opening your mouth for your young man’s money? Do you have a formalized relationship with him? No. Do you trust him? No. But they even trust each other when it comes to money! take receipts. I don’t see a problem for him to print the blank...
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Ruslan Pavlov:

Is it worth going to court against a debtor if the debt is 5,000 rubles? All deadlines have already passed, there is a receipt. liability begins by law with 1000 rubles, so yes Listen less to whiners who talk about how much effort, money and nerves you will spend. In your case, you can do everything yourself without involving lawyers. Those. your expenses will be limited to paying a small state fee and paying for travel to court...
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Irina Samoilova:

How do bailiffs pay the collected money as ordered by the prosecutor's office? You need to call the bailiff department, which will transfer the money, and ask if they can credit the money to your bank account. If yes, then find out whether a special agreement is necessary between the bailiff department and... The bailiffs transfer the funds to the account you specified. In the matter of choosing a bank, there are problems in that if the bailiffs do not have an agreement with a specific bank, then they may help you transfer money through the bank you specified or...
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The money from the bailiffs did not arrive. How to make a transfer of funds from a bailiff. Foreclosure of the debtor's funds deposited with the territorial department of bailiffs

Transfer of funds to the deposit of bailiffs

Use of funds from bailiff deposits

Protecting your Rights is our job! Legal advice

On the prohibition of transfer of funds by bailiffs to third parties

Foreclosure of the debtor's funds deposited with the territorial department of bailiffs

Transfer of funds held in deposit accounts of bailiff departments

Bailiffs do not transfer money

What should I do if, according to the bailiffs, they transfer money to me, but this money does not arrive to me?

When will the bailiffs transfer the money?

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bailiffs do not transfer money

Procedure for transferring funds

Why doesn't the bailiff transfer the money?

Can I claim compensation?

Responsibility of the bailiff for late transfer

If the bailiffs transferred to the wrong account

How to find out the debt from bailiffs?

If there is no data on the FSSP website

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Deadlines for transferring money from the bailiff

Procedure for transferring funds

Why doesn't the bailiff transfer the money?

Can I claim compensation?

Responsibility of the bailiff for late transfer

If the bailiffs transferred to the wrong account

How to find out the debt from bailiffs?

If there is no data on the FSSP website

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