Bailiffs are who? Bailiffs Service

Bailiffs are civil servants whose task is to ensure the enforcement of judgments and decisions. Of course, there are cases when those responsible for enforcing the law themselves violate it. But it is obvious that without them many judicial decisions and decisions would remain on paper without execution.

Credentials

Every citizen should know that bailiffs are not a state "with which it is useless to argue." This is a federal service, with a number of powers and rights. Their task is to implement the court's decisions on debt repayment. Their powers include such things that are unpleasant for the debtor, like:

• Arrest of bank accounts and property.
• Realization of property according to certain procedures.

Legal regulation

But this does not mean that the bailiff service can use any means to "knock out" debts. Their activities are carried out on the basis of two normative legal documents:

• FZ No. 229 "On Enforcement Proceedings".
• ФЗ № 11в "On court bailiffs".

The first federal law describes all procedures for the alienation of property. The second is the rights and duties of FSSP employees (the federal bailiff service).

It is important to know that wages, bonuses and incentives can depend on the amount of money that bailiffs of the region or region can withdraw in favor of creditors. Hence, theoretically, citizens can face exceeding the authority to alienate property. But, unfortunately, this happens in practice.

The employee of the FSSP is not a member of the court

It is not true that court bailiffs are the court. Because of this misconception, many are skeptical of plans to assert their rights through the court for the wrongful actions of FSSP employees. Their activities and methods can also be illegal. Above is already listed the regulatory framework that regulates these employees. In the event that federal bailiffs have violated your rights, you can and even need to defend them through the court for their actions (inaction).

Who are the employees of the FSSP

Bailiffs are employees of the executive law enforcement agency, along with the police, prosecutors, etc., and not court employees, as some citizens think. To ensure the full discharge of their duties, federal bailiffs carry weapons. Its application is also regulated by law.

Duties

All duties of the FSSP are designed to ensure:

• The safety of all participants in the judicial process - judges, secretaries, witnesses, jurors, applicants, etc.
• Execution of all judgments and decisions of the court, regardless of who the person is in respect of whom the decision was made.
• Security of all courtrooms during litigations.

Coercive measures

If a court has been held, according to which the debtor is obliged to pay any amount to the creditor, a case on enforcement proceedings is instituted. Under it, the bailiffs department monitors the provision of a court decision (ruling) and is entitled to the following actions:

• Seizure of the debtor's property.
• Blocking of bank accounts.

Property seizure: basic nuances

Any movable and immovable property can fall under it: a car, an apartment, a TV, furniture, as well as other things that "like" the executive body. There are two very important points:

• The bailiffs are not a court. They will not identify the owner of the property. Arriving at the debtor's address, they can pick up the item of household appliances, furniture or kitchen interior. But there are cases when the arrested property does not belong to the debtor. The obligation to identify the owner of the property rests with the right holder or the debtor. In other words, it will be necessary to prove that the refrigerator is not a husband who owes money for alimony to his former family, but his new wife. Therefore, it is better to produce documents, technical passports, checks and other documents that confirm the ownership right, immediately, on the spot. Then the withdrawal will be illegal, and you can file for such actions in court.
• Arrested property is sold at very low prices. Compared with the market discounts up to 10 times. The honesty and openness of the realization of such property by many are questioned. Do not expect that for a new computer costing 50 thousand rubles debtor will write off at least half. 5-7 thousand - not more. And this is at best.

The arrest of a single dwelling

Many citizens and even some professional lawyers are still convinced that the arrest of a single housing is impossible. But this, unfortunately, is not so.

The Resolution of the Plenum of the Supreme Court of the Russian Federation allows for the attachment of the lender's only lodging. This is done so that deliberate alienation of property connected with obligations to the creditor is not made. In other words, the Supreme Court has forbidden any operations with a single housing: donation, sale, transfer by inheritance, etc.

This does not mean that the bailiffs' office will arrest the house, expel the residents on the street, and sell the only apartment for a penny. Restrictions are related only to legal alienation, so that the debtor is unable to sell or donate his only home, if in court he owes money. But this is already enough, since after the death the house together with the credit will pass by right of succession. And if the successor has its own living space, the FSSP will be able to actually carry out the right to alienate it in favor of the lender.

Violation of legislation related to the seizure of bank accounts

Unfortunately, there are a lot of cases when the bailiffs themselves violate federal laws. Debt, of course, though recognized as such by a court decision, but this does not give the right to exceed the authority. Very often violations of the rights of citizens occur when bank accounts are arrested.

The most common cases are:

• Write-off of a larger amount than required by law.
• Blocking of funds that can not be arrested.

As for the larger amount, according to the Federal Law "On Enforcement Proceedings", the bailiffs' management is not entitled to withhold wages or other income in the amount of more than fifty percent. Here it is important to know that this percentage is valid for all receipts. For example, if the salary is 30 thousand rubles, and the advance is only 5, many think that the retention of the entire advance is legal. This is not true. The FSSP is required to withhold no more than 50 percent of all receipts. In this example, there is a violation of the Federal Law. On it from an advance should keep 2.5 thousand rubles, and another 12.5 - with the basic salary. If this is not the case, it's safe to go to court to assert your rights.

As for money that is prohibited from being written off, they include child benefits, pensions for child care, disability benefits, etc. Write-off of these funds violates not only the law "On Enforcement Proceedings," but also a number of others.

Rights of the debtor

Of course, it is necessary to execute a court decision in a state governed by the rule of law. This is what the bailiffs do. Debt to banks, credit organizations, management companies, etc. is their object of work. Work is conducted with debtors, who also have their rights, which are often forgotten:

• Mandatory written notification before the arrival of FSSP staff. Of course, they understand that by notifying the debtor in accordance with the law, they can not find much in his apartment when visiting. Therefore, using legal illiteracy, this is not done. In case of this violation, it is necessary to write an official complaint within 10 days to the offending officer. From work, of course, he will not be fired, but he will understand that he is dealing with a legally savvy citizen.
• The right to live. No matter how loud it may sound, the arrest of all available funds can be interpreted in a court of law. No one will be criminally liable for the attempted murder, but the court can carefully listen to the claims. According to them, in accordance with the civil and civil procedure codes, you can get additional funds for using other people's money, as well as moral damage.
• The right to use essentials.

The last point assumes that bailiffs are not a Mongol-Tatar invasion or robbers. There are things they can not arrest. These include:

• Cash is less than the subsistence minimum.
• Animals, birds, bees from a personal subsidiary farm.
• Things related to the mandatory interior of the disabled (stroller, stilts, special car).
• The property of third parties.
• Food, things and interior items of prime necessity (bed, refrigerator, stove, etc.)
• The only housing (the features of the arrest were described above).
• Property related to income-generating activities (for example, a taxi driver's car, a computer with a programmer, etc.).

I would like to note that if the apartment is purchased for mortgage lending, and the debt is not repaid and is not paid, then the debtor has the right to evict it. I want to remind you that, despite all the rights of the debtor, he has one primary responsibility - payments on debt obligations. And then the federal bailiffs will not make themselves felt.