Recently, there have been cases when peopleover the years they do not pay taxes, they do not pay fines, they take a loan from a bank, knowingly not intending to give it back. When such situations occur and after numerous warnings a person refuses to answer for his obligations, the special FSSP service (the Federal Bailiffs Service) takes over. By law, they have the right to use force in their activities to achieve the desired result. The powers of bailiffs are expanded on a legislative basis, as malicious defaulters become more from year to year.
Laws that are designed to regulate the activities of bailiffs
How is the entry into force of the service FSSP?If, according to the current legislation, a person is found guilty of failing to repay a loan or not paying taxes, he is entitled to appeal this decision. The application deadline is a calendar month. If during this time the defaulter did not show a desire to appeal the decision, the writ of execution is transferred to the FSSP.
This service is given 3 days to review andregistration of documents. After that, bailiffs begin to act. They differ from collectors in that their rights and obligations are regulated by law. The powers of the bailiff service are governed by two laws: No. 118-ФЗ “On bailiffs” and No. 229-ФЗ “On enforcement proceedings”. These laws establish a fairly wide range of bailiffs' capabilities. They are entitled to take any action that is not prohibited by law.
What rights do bailiffs have?
As already noted, the main goal of this kindworkers - to do everything necessary (within the law), so that a person repays his debts. It often happens that the debtor cannot pay in cash. Then the bailiffs make inquiries on all the available bases in order to find out what property the defaulter has. It is impossible to hide this information, because the FSSP has access to all necessary databases. The powers of bailiffs in collecting debt are as follows:
- they have the right to submit a request to all banks in order to identify the fact that the debtor is their client (in most cases, they block all cards in order to write off money into the account of debt);
- contact the employer in order to find out the amount of wages;
- On weekdays, come home from 7 am to 10 pm (in this case it is better not to interfere with the bailiff, as he will soon receive permission and knock out the door);
- to take actions with the property, that is, to arrest it, to withdraw and even use it (for example, to transport the selected property in the debtor’s car).
Unlike the collector, the bailiff can alwaysenlist the support and assistance of law enforcement. If he did not break the law, the police will always be on his side. As already noted, the powers of the bailiffs of the Russian Federation have been significantly expanded, and this is not all of their rights.
Ban on leaving the country
Some debtors are trying to hide frombailiffs, having gone abroad. However, it is not so easy to do, as the bailiffs have the right to prohibit non-payers from leaving. And it is completely legal, in this case no rights are violated. Perhaps a person just wants to go on vacation or to a business meeting, but, having debts, he cannot do it.
The Federal Bailiff Service claimsthat this is one of the most effective measures forcing a person to pay a debt. If the debtor is not going to pay his bills and in every way avoids meeting with the bailiff, he will have such a fate. Nobody will allow him to go abroad. There are situations where a person needs to leave immediately, but because of debts he is not allowed to do this. Some airports in the country have terminals where you can pay off your debts.
However, even after paying the bills, fly away immediately.it turns out, as it is necessary that the data on debt repayment were entered into the federal database. This action, of course, takes time, sometimes up to three weeks.
Debtors should not relax on the Internet.
Currently everything is computerized and withoutThe world wide web is impossible to imagine your life. Bailiffs are no exception, and control over debtors is made on the Internet, and even on social networks. Defaulters should carefully consider whether to upload a photo with another expensive purchase to the network, as bailiffs can hide under any name.
Now all companies create official websites, andall the necessary information can be found there. In addition, bailiffs operate through Internet providers. The latter, in turn, provide information on the IP address from which the network is logged on. From here you can find out the address where the debtor’s property is likely to be stored.
Psychological impact
Of course, there is nowhere without morality.The powers of the bailiffs do not prohibit the use of this method. Debtors say that debt repayment is a criminal offense. Usually bailiffs give the last warning, which psychologically greatly affects defaulters.
Currently bailiffs cooperate withOrthodox Church, that is, there is a suggestion of debtors at the religious level. The priests will instruct the people, reminding them that non-payment of debts is considered theft, and this is a sin.
FSSP representatives do not believe that in this unionthere is something reprehensible. If the money is not returned, it means that the bank incurs its losses. It turns out that there is theft of bank money, which is condemned by the church.
Bailiff duties
It was previously noted what rights it hasbailiff. And what is he obliged to do? The powers of the bailiff are fairly widespread, his requirements for the implementation of judicial acts are binding on all organizations, bodies and citizens. The police officer himself, in particular, is obliged to:
- take all the necessary measures prescribed in the writ of execution, for the timely execution of the judicial act;
- to provide the right to familiarize with the materials of the writ of execution, to make copies, to write something out;
- consider all the statements of the parties regarding the execution of the act, as well as explain the terms and procedure for appeal;
- withdraw his candidacy if he is an interested person or there are other circumstances that call into question his impartiality.
Promotion Bailiffs
From whether the defaulter gave his debtbailiffs income directly depends. In the Federal Law “On Enforcement Proceedings”, the following fact was recorded that the bailiff was paid for the successful performance of his work.
That is, if the bailiff providedtimely payment of the debtor’s bills, he receives 5% of the recovered amount or value of the property. However, the amount that the bailiff will receive should not exceed 10 times the minimum wage. If the bailiff partially copes with the task for reasons beyond his control, his remuneration will be paid in proportion to the amount collected.
How should the defaulter behave after the entry into force of the executive document?
After the contract enters into force, the bailiffwill send a copy of the writ of execution to the debtor. This document will indicate the details and amount owed. Within five days, the debtor may voluntarily apply to the bank and pay off all debts. However, if this is not possible, the bailiff will come to his home within two months. The powers of the bailiffs do not include a warning about their visit.
The bailiff must be dressed in a special uniform,carry the necessary official documents. When the bailiff comes home to the debtor, the latter should behave adequately, not rudely. Indeed, in addition to the administrative impact in the form of a fine, the debtor may incur criminal penalties for insulting a government official.
It should be noted that those defaulterswho are willing to have a normal dialogue with the bailiff may receive a delay in repayment of debt. To do this, you need to write a statement to the court, and if the regulatory authorities do not mind, he will be on the side of the debtor. During the deferral of the powers of the bailiffs in relation to the debtors does not include the concern of the defaulter. Of course, there are situations where the debtor knows that he cannot repay the debt. Then you need to prepare for the fact that property will be recovered or arrested.
Bailiff Excess
Bailiffs are, above all, people, and herehuman factor is present. Among the bailiffs can occur and those that significantly exceed their authority. However, the current legislation allows them almost everything. Many experts talk about significant gaps in the laws of the country, since, according to the Constitution and some codes, no one has the right to inspect someone else's dwelling without the consent of the persons living there.
Однако Федеральная служба судебных приставов, whose powers are quite voluminous, indulges the arbitrariness of its employees. In this case, the debtor has the full right to sue for abuse of authority of the bailiffs. In addition, now you can complain on the web by sending a letter to the Internet reception.
Conclusion
The FSSP is a very important body that helpsthe state in the capture of debtors and defaulters. Without this service, arbitrariness was going on in the country, and no one would pay taxes, knowing that no punishment would follow. This legislation provides for the use of force against debtors by bailiffs. Someone thinks this is right, and someone - immoral.
However, everyone agrees that the powers of bailiffs need to be narrowed down a bit. Still, it is very difficult to find the line between law and arbitrariness.
