The executive fee of bailiffs: the size and recovery. What is an executive fee?

To date, the huge problem of our society - the debt burden. Courts are littered with the claims of creditors on return. Debtors need to remember that penalties, fines, interest are not the only waste in the case of debt collection through the court. There is a performance of bailiffs. It will be discussed further.

The concept of

The executive collection of bailiffs is another sanction against the debtor for late refund. Its nature is simple: it is, in a way, a payment to the state for the work of bailiffs to collect debt, if the decision is not carried out.

The executive collection of bailiffs is considered a punishment. At the same time, he gives an additional impetus to fulfill all the demands of the court on his own, since otherwise he will have to pay more than the court ordered.

Resolution

The decision to collect the performance fee contains all the necessary information: the name of the bailiff's office, information on the ruling, requisites for payment, and the procedure for appealing. It is issued in the event that the debtor did not fulfill the requirements on the writ of execution on a voluntary basis. According to the law, he must be informed in writing about the decision. In practice, unfortunately, this is often violated.

Conditions

There should be two conditions on which decisions are made on the decision to collect the performance fee:

1. Non-execution of an executive document on time.
2. Absence of evidence of impossibility of execution.

Voluntary execution of requirements

The executive fee may not be assigned if the debtor voluntarily fulfilled the requirements at the time set by the bailiffs. It should be understood that this applies only to those judicial decisions that were made for the first time to the bailiffs. What does it mean? The fact is that by law the writ of execution will be returned to the creditor if the debtor does not physically have property that can be recovered. However, this does not mean that the former does not have the opportunity to re-apply. In this case, the performance fee will be appointed.

On a voluntary basis, 5 days are allotted. During this time, the debtor can fulfill the requirements of the court and avoid additional costs. Weekends and holidays are not counted. You also need to know that the debtor is required to notify the execution sheet in one of the following ways:

• Personal check-out.
• SMS, phone.
• Mail correspondence with notification.

If the debtor refused to accept a registered letter, it will not help him avoid sanctions. By law, he will be considered officially notified. What is the size of the performance fee? Further about this.

Execution fee of bailiffs: size

The fee is 7% of the recovery amount. This is a very impressive percentage. Suppose that the debtor was awarded half a million. The fee will be 35 thousand rubles. Minor amounts are distributed to small amounts:

• 1000 thousand rubles - for individuals;
• 10 thousand rubles - for legal.

Other amounts for non-property claims. They do not lend themselves to valuation, and accordingly, the percentage can not be recovered. In this case, you have to pay:

• 5 thousand rubles - for individuals.
• 50 thousand rubles to organizations.

Collection of performance fee

The bailiff must notify the debtor that production is being conducted against him. Often this is not observed. People complain that they take money from bank cards without warning. They did not move anywhere, lived at the same address, did not change either the job or the bank account. However, the bailiffs did not warn them properly, and blocked the bills. Know - such actions are illegal.

Bailiffs-executors must be convinced before collection that:

• The debtor was given a time limit to voluntarily execute the judgment, but it expired;
• There is evidence that the debtor is aware of the order;
• The debtor did not provide any evidence of the reasons why he failed to comply with the requirements.

The executive collection of bailiffs is appointed by a separate resolution. It must also be warned of the debtor in the prescribed manner. It is important to know that no one is required to hire detectives and look for a person to serve the document. According to the Law, a citizen is considered notified if a note has been received that the postal employees tried to deliver the correspondence in person, but for some reason this was not done. Mistakenly our citizens believe that if they do not receive a letter personally, then the notification is invalid. If the debtor wants to avoid unnecessary financial waste, then he must take all measures to control his incoming correspondence.

There are respectful cases when the fee is not charged. Let us analyze them further.

Respectful cases of exemption from collection

The executive fee is not collected in the following cases:

• force majeure;
• When granting a deferment.

The last point does not raise any questions. And what is an insurmountable force? What falls under this concept?

Force majeure is understood as circumstances that excluded the possibility of paying. For example, flood. A person lives in special climatic conditions, in which the probability of flooding is high. The roads are blurred, people are captive to the elements. In this case, this circumstance will fall under the notion of "irresistible force". Do not forget about the importance of proving circumstances that are respectful. There are separate cases when the subject is completely exempt from this payment. Let us analyze them further.

Absence of performing fee

The following situations are exempt from collection:

• At repeated presentation. From this it follows that several times to show a collection to the same execution sheet is illegal.
• Acts for security measures.
• Decisions related to the compensation of bailiffs' expenses.
• Requests related to the search for children.

How to appeal decisions

It is important to understand that all decisions of bailiffs can not be appealed in order of subordination. This means that it is useless to apply to the senior bailiff on the very legal document. Of course, the higher authorities will consider illegal actions or inaction, but the decisions already adopted will not be canceled. Therefore, to appeal the document itself on the obligation to pay the executory fee will only be in court.

How to reduce the fee

The legal way is to reduce the amount. The grounds for this may be several:

• The debtor repaid part of the debt after the court decision, but before the initiation of the case on the writ of execution.
• The debtor repaid part of the debt during the voluntary repayment period.
• By the tribunal's decision.

The court has the right to reduce the fee. To do this, it will be necessary to prove that there were reasons that prevented timely payment of the debt. For example, a serious illness, trauma. It is important to know that the debtor must pay immediately after the treatment. A difficult financial situation is not an important reason for reducing the size of the collection.

Conclusion

So, we examined the notion of performing fees, determined the size of property and non-property disputes. They explained what cases are exempt from the collection. You can lawfully reduce the fee.