A large number of credit products gives us the opportunity to purchase new things without wasting time on accumulation. This, of course, is good. But there are problems in the form of bad loans.

Lenders are doing their best to return the issued funds, using various means for this, from contacting collection agencies to litigation in court. As practice shows, it is the latter method that is the most effective. Indeed, with the help of deducted from the debtor's salary, his accounts and property are arrested. The question remains - how to recover a debt under a writ of execution if the debtor has nothing: neither property nor money.

Collection service employees apply a whole range of measures used to force the return of debts if a citizen does not want to voluntarily return the funds taken.

Before recognizing the fact that a citizen has nothing, a service employee must take the following measures:

• A request to the tax office is trying to find out the place of work of the debtor. True, he can achieve success only if the citizen works officially.
• A similar request to the pension - maybe the debtor receives a pension, and to the traffic police - whether he has a registered vehicle.
• Contacting the registration office for real estate ownership and the bank for deposits and accounts.

The described actions did not lead to positive results, then the following measures can be taken by the service employees:

• Prohibition for the debtor to travel abroad.
• Persuasion of the debtor to voluntary repayment of the resulting debt.
• Checking the family status of an indebted borrower. With a positive answer from the registry office, it is possible to withhold part of the property from the spouse (s) under the terms of joint and several liability.

In cases where the above measures have not been successful, the service officer has the right to declare the debtor's property on the executive wanted list. To do this, he makes an appropriate decision.

The basis for its issuance may be the application of the recoverer - in this case, the decision must be issued within three days after receipt. Also, such a decision may see the light if the employee has a basis for declaring a wanted list.

The debtor needs to know that, by law, the bailiff has the full right to take actions of any nature that do not contradict the law and contribute to the fulfillment of his obligations to repay debts. The list of actions is determined by the employee himself, taking into account the specifics of the case.

For example, he has the right to use the media, placing free advertisements in them about the search for both the debtor himself and his property with a request to help in the search. There are such examples, and the practice of using them shows that many citizens are happy to respond to the request of employees.

He can also resort to the help of employees of private detectives working officially.

If there is no money and property, and at the same time the debtor does not work anywhere, there is also a way out. Of course, the bailiff cannot force the debtor to get a job, but it is in his right to give him a referral to the employment service. Usually employees do this, especially when debts are formed for alimony.

What happens when the debtor has nothing

In this case, the executive document is simply returned back to the recoverer. At the same time, an act is drawn up, which indicates that the search measures did not give anything. Also, an employee of the service issues a decision to terminate the proceedings and return the writ of execution to the recoverer. The latter may submit it again for execution in two months. If new information about the debtor and his property appears, then the return can be made earlier.

What can threaten the debtor in this case

If the proceedings did not bring success, and the debtor still does not want to voluntarily pay, then what about the recoverer? Only one thing - to apply to law enforcement agencies to hold him accountable in accordance with Art. 315 of the Criminal Code.

In addition, the interaction of the claimant with bailiffs and traffic police officers will allow depriving the debtor of the driver's license for a certain time.

In addition, the debtor can take advantage of the new bankruptcy law of individuals. faces. The disadvantage is the high cost and complexity of the said article, people simply do not want to refer to it because of the indicated details.

What else?

Despite all the efforts of the recovering party, the legislation says unequivocally that there are no effective measures to recover overdue debts. Example: the judge makes his decision, and while it comes into force, the debtor manages to get rid of his property. He can rewrite it to a relative, draw up a deed of gift, including for an existing business. Many workers officially quit and start working unofficially.

The ban on foreign travel also does not particularly scare them, because inside the country there is an opportunity to have a good rest. And it is very difficult to prove that they did all this intentionally. As you can see, the debtor's "arsenal" has quite a few different ways to avoid payments.

While the opposing party is limited by the requirements of the law, therefore, in most cases, they simply hope that the debtor's conscience will eventually wake up and he will start paying.

The claimant, for his part, may also contact:

• Service of mediators - a company that helps in negotiations with the debtor to reach a compromise.
• Collectors - often they work much more efficiently. But here the danger is different - these offices use methods whose legality is on the verge.
• Maximize interaction with bailiffs. For example, try to independently collect additional information about the debtor and transfer it to the service staff.

As you can see, there are not many ways, but they are available.

In Moscow, the situation with non-payment of debt by the debtor to the borrower is common. Methods for collecting debt from the debtor are regulated by law and have clear mechanisms for repaying the debt and alienating property through the court on a writ of execution to repay the debt to the borrower.

If there is a receipt or agreement between the borrower and the debtor, the court obliges the debtor to repay the debt to the borrower. The debtor ignores the court decision to repay the debt to the borrower - bailiffs, on a writ of execution, seize the debtor's property in favor of the borrower to repay the debt to the borrower.

Often, after a court decision on the forced repayment of the debt to the borrower, the borrower is faced with the debtor's lack of property to seize and return the debt to the borrower under a writ of execution. The borrower does not officially work, cannot pay the debt on account of wages. The borrower does not own real estate and vehicles, bank accounts or valuable property. The borrower has nothing to seize on the writ of execution to the bailiffs to pay the debt.

Important! The law states that bailiffs can seize property from a debtor on a writ of execution in payment of a debt, but the law prohibits the seizure of housing, real estate where minors live, and household appliances included in the social minimum, in payment of a debt, therefore, seize property for return debt to the borrower is difficult.

How can a borrower help bailiffs so that bailiffs can seize the debtor's property under a writ of execution and return the debt from the debtor?

How do bailiffs return a debt on a writ of execution?

After the court decision on the seizure of the debtor's property to repay the debt to the borrower, bailiffs are engaged in the collection of property.

• Bailiffs identify and seize the valuable property of the debtor in order to repay the debt to the borrower.
• Bailiffs send requests to banks in order to find the bank accounts of the borrower to repay the debt.
• Bailiffs check the marital status of the debtor and the property of the spouse of the debtor in order to seize half of the common property to pay the debt to the borrower.
• Bailiffs seize half of the debtor's salary or pension to repay the debt to the borrower until the debt is fully repaid to the borrower.
• After discovering the property to be seized and sold to pay the debt to the borrower in accordance with the law, the bailiffs seize the property, and after the sale of the property, the debt is returned to the borrower.

actions of the debtor debt collection under a writ of execution if the debtor has no property

The borrower has no legal means to influence the debtor or the work of the bailiffs. The active actions of the borrower are terminated after applying to the court and the court delivering a verdict on the return of the debt with the help of bailiffs. The borrower cannot demand the arrest of the debtor and the criminal liability of the debtor, this does not comply with the law.

The borrower may provide the bailiff with personal information about the debtor, because often the debtor is a friend or relative of the borrower. This will increase the chances of recovering the debt from the debtor in favor of the borrower who does not have valuable property. Did the debtor ever tell the borrower about the bank account or real estate? The bailiffs should be informed.

Assistance of a lawyer in recovering a debt from a debtor who has nothing

Pravosfera lawyers have extensive experience in debt collection cases from debtors. Our lawyers will help to carry out pre-trial actions to repay the debt, prepare documents for the court and return the debt through the court, protect your interests in court and help collect information about the debtor, which will help bailiffs to forcibly recover property to repay the debt to the borrower.

Collecting debts of any nature with the help of a lawsuit is a rather long and costly affair. However, when starting a fight “for their hard-earned money”, not everyone imagines that the court cannot always put an end to the lawsuit. Very often, instead of it, the plaintiff receives a “fat comma” and the beginning of a new process - debt collection through the enforcement authorities, the Federal Bailiff Service.

Debt collection procedure

The situation when the defendant agrees with the court decision and is ready to pay the debt voluntarily after the court decision is made can be considered simply ideal. In practice, it rarely occurs. Most debtors prefer to pay when there is nowhere to go. Enforcement of judicial acts in Russia is carried out on the basis of the Federal Law "On Enforcement Proceedings".

In general, the debt collection procedure is as follows. The court makes a decision and draws up a writ of execution, which serves as a basis for bailiffs to enforce the collection of debt.

In accordance with article 64 of the above law, the bailiff has the right to apply a wide range of measures. In short, this is the seizure of the property and funds of the debtor, the verification of financial documents, the search for the debtor and his property.

Immediately after the court decision enters into legal force, the court must issue a writ of execution to the recoverer in his hands, or send it to enforcement proceedings at the request of the recoverer. Thus, from the very beginning, the execution of the judgment depends on the plaintiff, on his will and desire to collect money.

If the recoverer has not received a writ of execution or has not written an application for sending it to enforcement proceedings, then the court decision “hangs” and the plaintiff will not receive money.

When deciding whether to receive a writ of execution in your hands, or send it to the bailiff service through the court by mail, it should be noted that in practice there are cases when only sending a writ of execution to the FSSP authorities takes several months.

The procedure for collecting debt on a writ of execution through the bailiff service

Having received a writ of execution in his hands, the recoverer usually takes it to the FSSP department, in whose jurisdiction is the territory where the debtor lives or his property is located. As stated in part 3 of Article 30 of the Law "On Enforcement Proceedings": "... at the place of execution of enforcement actions and the application of enforcement measures."

Having received the writ of execution, the bailiff initiates enforcement proceedings within three days, however, he is obliged to do this only upon a written application of the recoverer, in which the latter can state his requirements and petitions for property penalties and restrictions against the debtor.

If the executive document entered the service for the first time, then the bailiff sets a deadline for the voluntary execution of the requirements contained in the writ of execution, which cannot exceed five days from the date the debtor receives the decision to initiate enforcement proceedings.

The Law "On Enforcement Proceedings" determines the time limits for collecting a writ of execution. In general, in accordance with part 1 of Art. 36 of the law, the requirements of the document must be fulfilled by the bailiff within two months. However, paragraph 7 of the same article establishes that this period does not include periods when proceedings are suspended or postponed.

In practice, debt collection proceedings through a writ of execution can take a very long time. To speed up the action in the application to the bailiff service, you should indicate as much information about the debtor as possible. In addition, it is recommended to periodically remind the bailiff about yourself, to be interested in what specific actions are being taken to collect debts and search for property, to insist in writing on repeated requests to banks and other organizations.

Self-collection of debt under a writ of execution

The law provides for the possibility of independent actions to collect debts under a writ of execution. If there is information about the debtor's bank account, the recoverer may apply to the bank with a request to write off the amount of debt from his account. The application should indicate the details of the account to which the money should be transferred, information about the identity document of the claimant, details of the writ of execution. The writ of execution is attached to the application.

If the amount of the debt subject to collection under the writ of execution exceeds 25 thousand rubles, then the writ of execution may be submitted at the place of work of the debtor or at the place of receipt of other income by him.

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It is often very difficult to get your funds from the debtor peacefully, and the only way out for the creditor is to collect the debt through the court under an executive document (ID).

Debts can be in the form of unpaid goods, unpaid alimony, debts on loans, on rent, unpaid taxes of an individual entrepreneur (denotes an individual entrepreneur) and much more. And then ID becomes an instrument in the hands of the creditor. By contacting the judicial authority, after considering the case and making a decision to satisfy the requirements, the creditor receives an ID, on the basis of which a forced collection can be made.

What is ID

A writ of execution is a writ of execution issued on the basis of a court decision and on the basis of which it is possible to recover funds from the debtor without his consent.

This document is issued by the court only on the basis of a judicial act and must be signed by the judge. It must also be sealed with the official seal of the judicial authority that issued it. .

ID enables the recoverer (i.e. the creditor) to return funds in the amount of the debt specified in the writ of execution by debiting funds from the debtor's bank accounts without his consent.

It is also possible to recover debts from wages or other financial sources of the debtor. You can use the ID in person or contact the Federal Bailiff Service (hereinafter referred to as the FSSP) with a writ of execution to collect the debt.

How to get and use an ID

In order to obtain a writ of execution, you must write an application in the required form and submit a court decision to the judicial authority where the case was considered.

The creditor receives a judgment if the defendant loses the case.

Please note that the ID must be issued no later than two weeks from the date of application to the relevant authorities.

ID can be obtained from the judicial authority that issued the relevant judicial act, it can be:

• arbitration court;
• court of general jurisdiction.

Also, ID can be obtained on the basis of a settlement agreement between the creditor and the debtor, or by using the decision of a foreign judicial authority.

An ID is obtained in the office of the judicial authority or in the clerical department. Then the ID must be sent to the bailiffs.

But winning the lawsuit against the defendant and getting an ID does not mean returning your funds. The standard situation is when the defendant is in no hurry to pay off his debts to the claimant and does not respond to the decisions made by the court. How to proceed in such a case? The amount not exceeding 25,000 rubles, the creditor can receive independently.

To do this, you must send the ID to an organization that makes payments to the debtor or his employer. If the amount of debt is more, you should contact the FSSP, providing ID and an application on behalf of the recoverer to initiate enforcement proceedings. Based on the ID, requests are sent about the solvency of the defendant to banks, tax services, and a pension fund.

It is important to know: the bailiff's actions aimed at returning the amount of debt are clearly regulated by the legislation of the Russian Federation (FZ "On Enforcement Proceedings") and the use of other methods is illegal.

Based on the law, the bailiff has the opportunity to obtain information about the financial and property situation of the defendant, about his whereabouts.

In cases where the debtor is hiding from the recoverer, the bailiff may resort to search measures by putting him on the wanted list.

Thus, the measures allowed in working with the debtor are:

• seizure of bank deposit and other accounts of the defendant;
• seizure of the debtor's property and receipt of debt by selling this property;
• restrictions on travel outside the country.

As for legal entities, the collection of debt on ID is carried out according to the same rules. The bailiff must request information about the state of the organization's bank account. The company's accounts are being seized. It is also possible to seize the property of the defaulter, and use the proceeds from its sale to pay off the debt.

Considering the ID debt from the position of the debtor, it is strongly recommended to voluntarily repay the debt through bailiffs or by yourself in any convenient way. Enforcement proceedings have a number of restrictions on working with debtors:

• bank cards and accounts that receive wages, social payments or child benefits are not subject to arrest;
• the only housing of the debtor cannot be put up for sale.

ID validity period

There are a number of features that are important for the plaintiff to know about the validity of writ of execution.

It is necessary to clearly understand the difference between such concepts as "performance period" and "collection period".

The term of execution means the time the bailiff has worked since the initiation of enforcement proceedings, and the term of collection stands for the time frame when the debt must be repaid.

The terms of execution are determined by law at 2 months. During this time, the bailiff must force the debtor to pay the required amount. But as practice shows, these deadlines are rarely observed and this does not work in favor of the plaintiff.

Therefore, it is recommended to keep the course of the case under control, especially since all information can be obtained at any stage. The terms of recovery will be valid only if the defendant voluntarily pays. Almost always, along with the amount of debt, the ID also prescribes a period for voluntary repayment - from 5 to 10 days. Payment within the specified period will save the debtor from paying a 7% penalty for non-compliance with time limits.

It is also necessary to remember the existence of such a thing as a statute of limitations. This concept can be deciphered as a period of time during which the plaintiff must apply to the FSSP with a writ of execution. The law establishes a period of 3 years and is calculated from the moment when the court decision comes into force.

If within this period the ID was not submitted to the FSSP, then it is necessary to provide documents about a good reason for missing the deadlines. In the absence of such, the executive service refuses to initiate proceedings.

Conclusion

A writ of execution or ID is an official document, therefore, it requires compliance with all the rules in its execution, the presence of all seals and signatures.

It is very important to comply with the deadlines specified in the document.

This will save you from unnecessary problems in the executive service and save your time. Termination of enforcement proceedings occurs when the court decision is executed, which means receiving a debt from the defendant.

For those who want to check their ID debts, today there is an electronic service FSSP RF, which will allow you to find out the necessary information in a short time. It is recommended to look at information about the presence of debts before traveling abroad, because. bailiffs can restrict travel outside the country.

For those who are engaged in entrepreneurial activities, it will not be superfluous to check their debts to tax services on the website of the Federal Tax Service of the Russian Federation (decoding of the Federal Tax Service of the Russian Federation - the federal tax service of the Russian Federation). Such services will allow you to always be aware of your obligations, as well as avoid large fines and make payments on time.

It is worth noting: do not worry if your debtor has changed his place of residence or place of work. The executive service will find the debtor and collect all debts from him.

Otherwise, the executive service is obliged to put on the wanted list for an unscrupulous defendant and collect debts from him! What difficulties you would not have to face, if all the formalities are met, you will return your debts. Fight and don't give up - you will succeed!

Watch the video, which explains the procedure for collecting debts under the writ of execution: