Alimony by order of bailiffs. The procedure for collecting alimony - detailed instructions

When the executive document is already in hand, it can be submitted for execution to the debtor's employer. But if the recovery fails, for example, the alimony is hiding, then you need to contact the structural unit of the FSSP.

Bailiffs for alimony carry out, in most cases, effective work, enabling the minor or other dependent of the payer to receive the money due.

We will talk in more detail about how bailiffs collect alimony, and about other issues related to enforcement proceedings.

What must a bailiff do?

Rights and obligations bailiffs quite numerous. These officials work with the aim of exercising their powers to successfully carry out actions to collect current alimony payments and alimony debts.

Of course, in order for the bailiff to be able to do his job, he needs a basis in the form of a document. This:

performance list;
an agreement concluded in a notarial form;
order issued by the judiciary.

If such a document is received by the bailiffs department, then there is a reason to initiate enforcement proceedings, within which the FSSP employee performs the following actions:

Calls persons related to a specific enforcement case for a conversation, requesting documents, and carrying out other procedures.
Carries out activities, within its broad powers, to obtain various important information necessary for effective debt collection. For example, to recover alimony, bailiffs may need to find where the debtor lives or stays, to establish his place of work. You can make a request to the FMS authorities and try to establish a new place of registration of the payer. In addition, employees of the traffic police, Rosreestr and other bodies, organizations and institutions must respond to requests from the bailiff. In particular, Rosreestr is obliged to provide information about what real estate is registered in the name of the debtor.
Controls the process of execution of the court order by the debtor's employer. Provides assistance in this matter. Brings the employer to responsibility for non-fulfillment of duties, if necessary.
Carries out outdoor activities. For example, he makes visits to the debtor's registration address in order to have a conversation with him, to identify property that can be foreclosed on.
Arrests cash held in accounts in financial institutions. Carries out the seizure of other property of the alimony, organizing the sale of real estate, transport and other things at special auctions.

In addition, employees of the bailiff service are also vested with other powers in the framework of enforcement proceedings to collect debts for alimony. For example,

prohibit debtors from traveling outside the Russian Federation;
restrict their right to manage various vehicles;
impose a ban on the implementation of registration actions necessary for the re-registration of real estate or vehicles.

Terms of application to the FSSP

Deadline for sending a writ of execution for alimony to the FSSP. Long enough. These actions can also be carried out after, for example, a minor turns 18 years old. You have 3 more years to apply. But it is advisable to use the services of bailiffs to recover alimony immediately after the writ of execution is received. Otherwise, there is a risk of losing some of the funds.

Bailiffs will not be able to achieve payment of debt for a period exceeding 3 years from the date of filing an application and a court order with the FSSP.

If the enforcement case is opened in a timely manner, then the funds will be collected for the entire period - from the moment the application was submitted to the court or even for the 3-year period preceding the trial - it all depends on what claims were made by the claimant.

What documents do the bailiff need to initiate the execution of the court decision and to collect?

In order to collect alimony debt through bailiffs and the process of execution of the decision has been launched, you must contact the appropriate department of the FSSP with some documents:

an order issued by a judicial authority;
writ of execution, if judicial recovery was carried out in the course of proceedings on a claim;
maintenance agreement, if the parties initially agreed on payments on a voluntary basis;
claimant's passport;
documents of the final recipient of funds: with a birth certificate, a passport, if it has already been issued.

In addition, the bailiffs for the recovery of funds for the needs of certain dependents of the debtor must have the details for which it will be necessary to transfer the collected funds.

Naturally, it is necessary to prepare an application with a request to initiate enforcement proceedings, in which you need to indicate:

the name of the FSSP body to which the claimant applies;
information about the parties to the dispute;
information about the minor recipient of funds;
details of the executive document issued by a notary or justice of the peace.

After examining the application and the documents attached to it, the bailiffs collect alimony or refuse to enforce it if something is wrong with the documents or there are any other inconsistencies with the requirements of the law.

The rights and obligations of the bailiff for the recovery of alimony

A bailiff is a public official who is obliged to carry out judgments and orders. To do this, he must not only have the required powers, but also the grounds, as well as the necessary documents in order to start production.

The rights and obligations of the bailiff:

The bailiff is obliged to make every effort to call an unreliable payer, as well as the recipient of funds to provide required documents and information related to the debt that has arisen. In particular, the most common question that is asked to the non-payer is: for what reason does he not transfer funds?
The bailiff also has the right to independently, using the opportunities available to him, clarify the information received, double-check the data and search for the defaulter.

Example: The bailiff can send a job request to the non-payer in order to establish the fact whether he works there at all at the moment and, if so, what salary he receives. Requests can also be submitted to the traffic police and the USRN. In the first case, regarding the availability of transport from the alimony, in the second, regarding the availability of real estate that could be seized and sold in order to pay off the debt.

He has the right to demand from the management of the enterprise where the debtor works to withhold part wages and transfer the amount of deduction to the account of alimony, as well as debt repayment (but not more than 70%). The transfer of money must be made no later than three days from the date of payment of wages.
The bailiff is obliged to personally go to the place where the defaulter lives, both to conduct conversations and collect information, and to inventory the property and establish the real financial condition.
The bailiff has the right to seize and seize the debtor's property for the purpose of its subsequent sale. The proceeds are used to pay off debt.
He also has the right to seize not only physical property, but also to the accounts of the alimony. If they have money, they are also sent to pay off the debt.
If the debtor is hiding, the bailiff may announce his search.
You can impose a ban on leaving the country and / or a temporary restriction of driving.

After 18 years, the young man himself should apply to the bailiffs, however, it must be borne in mind that from the moment of majority, the limitation period begins to operate and if you do not appear at the Bailiffs Service before the age of 21, then it will not be possible to compensate for all the lost funds.

Alimony begins to accrue from the moment of applying to the court or drawing up an agreement between the parties. If by this time several years have already passed, then it will be almost impossible to receive alimony for the past period. The only option is to provide evidence that the applicant did not have the opportunity to deal with this issue for some good reason.

But if there is already an application for a court order or an agreement, then any delay automatically leads to the formation of debt, and now it continues to grow up to the full compensation of payments. The statute of limitations does not apply in this situation.

Example: A person should pay child support, but does not. A debt is formed, which grows not only monthly, by the amount of regular payments, but also daily, by 0.5% of the debt (forfeit). In just 1 month of delay, the debt grows by about 15%, and for 1 year: by 15*12=180%. And this is provided that the increase in debt due to unpaid alimony is made separately.

Bailiffs do not determine the amount of alimony. The maximum that they can do is to calculate the debt that was formed at the time of the appeal. In other cases, the amount of alimony is determined by the court or indicated in the agreement of the parties. There are three main types of alimony:

Percentage of income. The most common and most convenient way to calculate alimony, which is used most often for officially employed persons who receive a regular and relatively stable income. For one child, it is supposed to pay 25% of the amount, for two - 33%, for three or more - 50% of the income. In this case, the fact of which marriage the children are from does not matter.
Fixed amount. This option involves the transfer by the payer of a strictly defined amount of alimony without reference to the income received. It is most often used in the event that it is not possible to clearly determine the income.
Hybrid option. Includes the previous two options. Part of the amount of alimony depends on the amount of wages, and part is fixed. It is usually used when the payer receives profit from several sources.

Interaction with bailiffs

The first thing to do in order to successfully receive alimony through the bailiffs is to have an informal conversation with the FSSP officer in charge of the case. How to talk to bailiffs? Obviously, the beginning of communication, in any case, should be friendly.

And then, you should already look at the situation. It happens that bailiffs are imbued with the problems of citizens and work with full dedication. And it happens that conversations lead nowhere, the court decision is executed for a long time.

If the bailiff commits any illegal actions, then you can complain about him. For example:

head of the territorial department of the FSSP;
to the court in accordance with the rules provided for by the CAS RF.

Is it possible to file a complaint with the prosecutor's office about the illegal actions of the performer or his inaction? Yes, this is perfectly acceptable. The prosecutor, having considered the application, must prepare a presentation on the need to return the situation to the legal field.

Recovery of alimony through bailiffs

The collection of alimony from the non-payer is carried out in a strictly defined manner.

Procedure

Draw up a child support agreement or obtain a court order for child support.
If the payer refuses to fulfill his obligations, you can immediately go to the bailiffs.
Write an application for the recovery of alimony.
Pass it on to the bailiffs, receiving a second copy / copy with a note that the document has been accepted.
Wait for the actions of the bailiffs. You can regularly find out at what stage the enforcement proceedings are at the moment.

Expenses

For the filing of the above application, as well as for the performance by the bailiff of his official duties, nothing additional is required to be paid. However, if desired, the applicant can carry out search work at his own expense and provide the bailiff with all the information he needs. This will help to significantly reduce the collection period, although it is not mandatory.

The procedure for collecting alimony by bailiffs

How do bailiffs collect child support? What do they do for this and what does the whole procedure look like?

The application is written in the name of the head of the Bailiff Service. He considers it and directs it to work. The final decision on whether enforcement proceedings will begin at all or not must be made no later than three days from the date of filing the application (Article 30 of the Federal Law “On Enforcement Proceedings”).
The head forms an order and transfers it to the direct executor - the bailiff, who will deal with this issue.
The bailiff is trying to get in touch with the debtor. If it works out, he makes an appointment at the office of the Service. If it does not work out, sends a notice by mail to a known address of residence/registration. goal: to notify about the situation and try to resolve the issue peacefully.
If the debtor did not respond to the notice / did not appear at the meeting and at the same time did not start paying alimony, the bailiff begins to collect information about him. Requests are formed and sent to banks, the traffic police, state property authorities and other structures that will help to understand what kind of property the alimony has and what his financial condition is.

As practice proves, at this stage, any vigorous activity stops. There are a lot of statements of this type, and very little attention is paid to them. If only simply because if a person does not pay alimony on purpose and consciously, then most likely he has such a bad financial situation that there is nothing to take from him. And, as a rule, he does not have any property either. The child support recipient may try to take matters into their own hands and start bombarding the bailiff with additional statements:

To be banned from leaving the country.
To restrict the driving of vehicles.
For attachment of property.
To bring to justice and so on.

As a rule, this is more useful, since the bailiff receives specific requirements that he is quite capable of fulfilling. Moreover, he has no right not to fulfill them. Of course, all this is also not done very quickly, but with due perseverance, the payer will ultimately be limited in many ways. And this is in addition to the ever-growing debt and the amount of the penalty.

If the respondent is hiding

In some situations, the defendant may be on the run. It should be noted that the bailiff service is not engaged in establishing the location of the payer, therefore, with the appropriate application, you must contact the police department. After establishing the location of the defendant, it is necessary to notify the bailiffs about this. Only then will they begin the debt collection procedure.

It happens that the defendant does not even think of hiding, he simply lives at a different place of residence. If it is unknown to the recipient and bailiffs, it makes sense to contact the police.

If the location of the defendant cannot be found for a long time, the recipient has the right to apply to the court to bring him to criminal responsibility and deprive him of parental rights. It is not necessary to take an application for the recovery of alimony from the bailiffs. Even a payer deprived of parental rights is obliged to pay alimony, which means that the bailiffs still have the right to collect the due amounts from him and impose further sanctions on him.

Deadlines for filing a bailiff

An appeal to the FSSP (Federal Bailiff Service) is possible at any time after receiving a writ of execution or an extract from a court order until the child is 18 years old. According to the law, after reaching the age of majority, the child has the right to independently file for the recovery of alimony from the father or mother living separately from the family within 3 years. After that, the right to receive various payments ceases.

The collection of maintenance payments for the past period and the collection of alimony debt are different concepts. The debt is always formed through the fault of the payer, then he is obliged to pay the entire amount that has accumulated over the period until he made payments, as well as interest (0.5% for each day of delay from total amount debt).

But it happens that the recipient is in no hurry with a writ of execution to the bailiff service. This may be for various reasons. For example, at first the money was not needed, and then, after the recipient's financial situation worsened, they were needed. In this case, the bailiffs collect alimony only for the past 3 years, of course, without accruing penalty amounts.

You should contact the bailiff service at the place of actual residence, permanent residence or place of work of the payer.

In order for the bailiff to start proceedings for the recovery of alimony, he needs one of the following documents:

writ of execution (issued to the plaintiff after filing an application for the recovery of alimony in court);
extract from the order (issued through the court if the writ of execution is lost);
a notarized agreement on the payment of alimony.

These documents can be transferred directly to the accounting department of the enterprise where the payer works, but it is better to contact the bailiffs. They will keep the situation under control, in addition, the recipient will always have the opportunity to go to court with a request to collect debts, if they are allowed. And with an official document from the bailiffs on the formation of debt, it will be easier to achieve a positive decision.

In addition to the executive documents, the applicant will need:

the passport;
birth certificate of children (or one child);
number of the passbook or current account for receiving payments or postal address for processing money transfers;
information about the property belonging to the payer and the amount of his salary.

The last type of documents, of course, may be missing. But if the recipient has information about where the payer works, what salary he receives, what large movable and immovable property he has, it is better to provide them to the bailiffs. This will greatly facilitate the procedure for determining the amount of alimony, and in the event of a debt, the collection of the due amounts.

After receiving necessary documents, statements and initiation of enforcement proceedings, bailiffs begin work to establish income and any property belonging to the payer.

For this, requests are sent:

to the accounting department at the place of work of the payer;
at BTI;
in the traffic police;
to the tax office;
to the branch of the bank where the payer is served;
in housing and communal services and other instances.

In parallel, the defendant is summoned by an official letter to the bailiff service for a conversation. During it, the bailiff explains to the payer his rights and obligations, and also jointly establishes the amount of alimony, the frequency and procedure for their payments. The payer has the right to independently make deductions with the obligatory notification of the bailiff of timely payment, or the accounting department can do this for him. The latter is not always possible if the payer, for example, is unemployed or is an individual entrepreneur.

I must say that the bailiffs are literally overwhelmed with cases of enforcement proceedings, so they often do not have time to do their job efficiently and quickly. Usually they are limited to 1-2 requests and a short conversation with the payer, which does not always lead to the desired result. Therefore, all stages - the appointment of payments, the search for the payer's property, and so on - need to be controlled by the recipient himself.

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If the second parent does not voluntarily provide funds for the material support of the child, alimony is collected in accordance with Art. 80, art. 106 RF IC in judicial order. You can apply to the courts for the recovery of alimony at any time after the right to receive them has arisen.

Monetary payments on account of alimony are assigned from the day the application is received by the court office, regardless of how long the trial may take. It is also important to remember that alimony arrears can only be collected.

Difficulties in collecting alimony after the court

Having received a writ of execution after considering the case in court for the recovery of alimony or a court order, it is not a fact that you will be able to get the defendant to fulfill his obligations in good faith.

Similarly, the situation may change with the voluntary payment of alimony, when, due to various circumstances, the spouse stops the regular transfer of funds and a mortgage is formed.

In accordance with the norms of Federal Law No. 229, which regulates issues related to enforcement proceedings, the task of enforcement is assigned to the Federal Bailiff Service.

Therefore, the parent, on the maintenance of which the children remained after the divorce, must apply to the territorial executive authority at the place of residence (registration) of the former half, who is obliged to pay alimony.

Alas, the very fact of initiating enforcement proceedings also does not always mean the timely receipt of alimony. The payer may not have income, not work, or fundamentally avoid paying them.

What documents are needed for bailiffs for alimony

In order to start compulsory execution to recover debts from a person evading alimony, it is necessary to attach to the application, depending on the method of recovery:

IN action order- a writ of execution received after the court's decision or, if it is lost, a duplicate of the document;
By writ - an order issued in the order of writ proceedings for the recovery of alimony;
By agreement, a notarized agreement on the voluntary payment of alimony (agreement).

Attached to any of the above documents:

an identity document of the applicant (passport, in case of its absence, a certificate with a pasted photograph is suitable);
a photocopy and original of the birth certificate of each child, if alimony must be withheld for several children;
specify the details of the bank where you can transfer money.

The procedure for collecting alimony by bailiffs

If the debtor has not paid the amount voluntarily due to the applicant within the prescribed period, the bailiff is tasked with finding possible ways to fulfill the legal requirements of the applied parent.

How the amount of the debt is collected depends largely on its size and whether the person obliged to pay alimony has a regular source of income from which deductions can be made.

Example. If the ex-husband is employed, the writ of execution is transferred to the settlement department of the enterprise. Moreover, until the debt is repaid, up to 50% of earnings can be withheld from it, and in certain situations provided for by the norms of labor legislation -70%.

Consequences for the defaulter:

In case of a significant debt and evasion of its repayment, the bailiff collects information on the presence of movable, immovable property registered in the name of the debtor, seizes, conducts appraisal work and puts it up for sale. The proceeds are used to offset debt obligations. The procedure is similar with the arrest of bank accounts.
An unpleasant surprise for a parent who lives for himself, not remembering the children, may be a ban on his travel abroad until the money for his own child is paid.
An even more unpleasant moment for lovers of comfortable driving, who do not pay the due funds for children, will be a temporary ban on driving.

It can be concluded that it is not difficult to launch a compulsory enforcement mechanism and, with a certain persistence of bailiffs, it will even be effective.

Stages of participation of the claimant in interaction with the bailiff

Let's highlight the main steps that need to be done to effectively collect alimony:

Get a document confirming the right to receive payments.
Write an application to the department of bailiffs for the initiation of enforcement proceedings.
After making sure that enforcement proceedings have been initiated, if possible, provide the contractor with comprehensive information about possible options for collecting debt (where he works, the presence of deposits in bank accounts, etc.).
If the resolution of the issue on the merits does not move forward, request from the bailiff documents on enforcement proceedings.
In case of reconciliation with the ex-spouse and the solution of problems peacefully, you can withdraw the executive document.

Is it possible to change the bailiff

There are no grounds for changing the bailiff directly in the legislation.

You will hardly meet a person who has faced the problems of enforcement and applied to the executive bodies, who was satisfied with the efficiency of the work of the performer.

What can be done:

Nothing prevents the interested person from writing a complaint to the higher management, up to the prosecutor, for inaction or, for example, rudeness and rudeness on the part of the bailiff.
In a complaint, one should not succumb to emotions, but it is necessary to state the essence of the claims concisely, referring to specific facts.
There are no guarantees that the bailiff will be replaced, but as life experience shows, shifts in his work are becoming noticeable.

Important! The presence of direct or indirect interest is almost an "iron" basis for the removal of the bailiff from the proceedings. If you know for certain that the bailiff is related or related to the debtor, immediately contact the leadership of the FSSP department. They will quickly change the bailiff.

If the ex-spouse avoids taking part in the maintenance of a common child, and you do not know what to do, it is best to contact a specialist who will not only give advice, but also help draw up a claim for withholding alimony, suggest tactics of behavior with a bailiff.

As such, legal assistance in the recovery of alimony under a court decision that has already taken place is not required. But if the bailiff is inactive and his actions need to be appealed, then it will be difficult to do without the help of an experienced lawyer. Our experts will advise you free of charge about possible problems and offer several ways to solve them.

Due to the constant change in legislation, by-laws and judicial practice, sometimes we do not have time to update the information on the site
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How do bailiffs work to recover alimony from a debtor?

Recovery of alimony is a private reason for going to court and bailiffs. It is the bailiffs who provide the search for the debtor on the writ of execution, apply to banks to find and freeze accounts and bank cards, to the tax service and the traffic police to search for vehicles and other property belonging to the debtor.

If you are not paid alimony, bailiffs are also empowered to seize property and transfer it for sale under the hammer to authorized organizations. All this is done in order to recover from the debtor what is due to the claimant.

True, to begin with, bailiffs for alimony are trying to find the debtor himself and negotiate with him. A copy of the writ of execution is sent to the person's address, from the moment of receipt of which he has only one working day to pay off the debt on a voluntary basis. If this does not happen, then a performance fee is charged as a punishment, which is 7% of the amount collected.

If the money is not paid, and the debtor himself does not make contact, then the bailiffs take measures to forcibly recover the amount of the debt from him. But, if a person himself applies to the FSSP and agrees on the repayment schedule available to him, with the obligation to pay part of the amount right now, then you can find a response from the employees of the FSSP. Indeed, the duties of the bailiff for the recovery of alimony include ensuring the repayment of the debt by any legal means that do not violate the interests of the parties. If the creditor agrees to the installment plan, this option can be discussed. Bailiffs have sufficient authority to draw up a payment schedule that suits both parties.

It is worth noting that for the recovery of alimony, it is not necessary to go to court. The parties (as a rule, we are talking about the parents of a minor child) can conclude an agreement and prescribe in it who and how much will pay monthly for the maintenance of the child. The agreement is certified by a notary and is legally binding. However, if the terms of the agreement are not met or the other party did not agree to its conclusion, then you can apply for the recovery of alimony to the court. The right to appeal arises immediately after a divorce or if the fact of paternity is established, although the child's parents are not married. At the same time, you can recover funds for a maximum of the three-year period preceding the appeal to the court, so you should not delay such a decision.

How is the recovery of alimony by bailiffs and what nuances concern the claimant and the debtor? How to withdraw a writ of execution for alimony from bailiffs in case such a need arises? We will talk about this in detail in our article.

Difficulties in recovering alimony from the debtor after the court

Even your appeal to the court and the transfer of the writ of execution to the bailiffs does not guarantee that the long-awaited alimony will finally be received. The main difficulties that may arise are the inability to find the debtor himself, his lack of property and place of work, his refusal to pay.

Another of the difficulties that can be encountered is the debtor's relocation to a permanent place of residence abroad. Everything will depend on the country in which he now lives. Russia has concluded agreements with a number of countries on the mutual enforcement of judgments. In particular, if a negligent father moved to live in one of the CIS countries, then the move will not save him from having to pay alimony - a Convention was concluded between the countries of the Union in 1993, according to which court decisions of one participating country are binding on the territory of another . After the Russian court has made a positive decision on the recovery of alimony, you must apply here and write a request that the decision of the Russian court be sent to a foreign state on whose territory the debtor lives, with a request to start enforcement there on a writ of execution. Such a petition is also sent to the competent court of another state. He issues a writ of execution, which is sent to the authorities responsible for the enforcement of court decisions.

But it is worth noting that if the debtor has already been brought to administrative responsibility (paid a fine) for non-payment of alimony for the maintenance of children or elderly parents, there is a court decision on this issue that has entered into force, and the validity of this decision has not yet expired (that is, , the person is still considered subjected to administrative punishment), then he can be held criminally liable. This already threatens imprisonment and imprisonment. In the face of such measures, many unscrupulous parents (or adult children) find the strength and opportunity to start paying what is required of them.

If you decide that this option suits you, and the ex-spouse is currently under administrative punishment for non-payment of alimony, then contact the FSSP structural unit at the place of residence and write a statement on bringing the debtor to criminal liability. Basis - Art. 157 of the Criminal Code of the Russian Federation. The punishment that threatens under this article is imprisonment for up to 1 year or correctional labor for the same period.

If you are more interested in the debtor's fulfillment of his duties for the maintenance of children, then the bailiff is obliged to help in this matter. How bailiffs work in this direction - more on that below.

The rights and obligations of the bailiff for the recovery of alimony

All rights and obligations of bailiffs are fixed in the law "On Enforcement Proceedings". The procedure for collecting alimony and debt on alimony obligations is covered in Art. 102 of this law.

The main task of an employee of the SSP is to achieve the receipt of money in payment of the debt.

Duties that are imposed on the bailiff:

Take measures to fulfill their official duties of any measures provided for in the law.

Initiate a search for alimony debtors, search for property that belongs to him, draw up an inventory of it and seize it for the purpose of further sale in payment of the debt.

Receive and use in their work information about the debtor.

Consider the appeals of the parties in the course of enforcement proceedings, provide them with the opportunity to familiarize themselves with the documents that are in enforcement proceedings.

Bailiff's rights:

Receive personal data and other information about the non-payer. For this purpose, the bailiff has the right to apply to various departments and institutions, including banks, the Tax Service, the traffic police, and the organization where the debtor works.

Visit the enterprise where the debtor is employed and check its financial statements.

Seize money, bank accounts and property of the debtor,

Transfer seized property to appraisers and organizations authorized to sell it at auction.

To impose a ban on the debtor's travel abroad and on the use of automobile rights by him (if the debt exceeds 100,000 rudders).

Perform other actions provided by law and designed to help in the successful conduct of enforcement proceedings.

How to determine the amount of alimony through bailiffs

The procedure for calculating debts for alimony is determined by the Judicial Code of the Russian Federation, in particular, Article 113 Part 4, and the Federal Law “On Enforcement Proceedings”. The amount of debt on alimony is calculated in proportion to the debtor's earnings or other income received m for the period when he did not pay money for the maintenance of children. How is alimony calculated if the person did not work for the specified period or there are no documents that would indicate the amount of his earnings? In this case, the starting point is the average wage in the country for a given period.

If it's about individual entrepreneurs, then the recovery of alimony through bailiffs is made from the amount received as income from doing business.

How is the alimony arrears calculated if the entrepreneur works under the UTII system? In this case, the tax return submitted by him cannot be considered a document that confirms the amount of his income. In this case, the average wage in the country during the specified period is used to calculate the amount of alimony.

If a country's value increases living wage, then the bailiff, in whose hands the writ of execution is located, indexes the alimony - in the event that the amount was rigidly fixed. If we are talking about the percentage of the amount of alimony to the amount of the debtor's income, then indexation of alimony by bailiffs is not performed. In this case, the calculation of the debt for alimony by the bailiff is carried out according to the following scheme:

25% of earnings per child,

30% for two children,

50% for three or more children.

There is a rule for how much bailiffs can deduct from their salary, and it concerns the amount from which they are deducted. So, taxes and other deductions are not included in the calculation amount - alimony is paid from the amount of net income that remains to the debtor after all deductions.

The amount may be reduced in the following cases:

If the debtor is dependent on another minor child or disabled family member,

If the debtor's salary or other income does not allow him to pay the required interest, then too little money remains for his own existence (payment of utilities, food, medicines, clothing, etc.).

The debtor's earnings are seasonal.

The minimum that you can count on when applying for alimony is 1 minimum wage. It is from this amount that the court will start when determining the funds necessary for the maintenance of one or more minor children.

The earnings of the parent with whom the child was left also matter. If it is much higher than the one that the second parent receives, then the alimony will be minimal.

Sometimes there may be such a phenomenon as an overpayment of alimony. It can be committed through the fault of the accountant of the enterprise where the debtor works, or as a result of the fact that property was seized and sold, the value of which exceeds the amount of the debt. In this case, the debtor has the full right to return the difference.

Recovery of alimony through bailiffs

The period for which funds for the maintenance of children or parents can be collected is determined by paragraph 1 of Art. 113 of the Family Code of the Russian Federation. According to its provisions, the bailiff, who received the writ of execution, calculates the debt for a three-year period. Of course, we are talking about the years preceding the presentation of the document. But, if you have applied for alimony before, and the debtor has not paid anything, then the amount for all the years for which you did not receive alimony is subject to collection.

Application procedure and necessary actions

How to get alimony through bailiffs? Having received a writ of execution based on the results of a positive court decision, the recoverer goes with him to the FSSP. Note that no one forces him to go there immediately after receiving the decision - the writ of execution has no statute of limitations and can be presented at any time. Until the moment when he is in the hands of the claimant, the process of execution of the court decision does not begin.

Expenses

Any expenses that may arise in the course of the forced collection of alimony through the court are borne by the defendant (aka the debtor). This includes the costs incurred in the course of enforcement actions, and the amount of the debt itself, and the performance fee if the debt repayment terms were violated.

When filing a writ of execution, the claimant does not bear any costs.

Statement

To start the recovery process, contact the territorial division of the FSSP, write an application and attach a writ of execution (IL) to it. You can apply to the court with a request to transfer the IL to the bailiffs - this option is considered more preferable if you are afraid that the case may be lost. By proxy, another person can apply to the bailiffs with a statement instead of you.

How to write an application? You can use a sample that hangs in the reception of each FSSP department, or you can use the universal rules:

In the upper right corner it is indicated to whom and from whom the application was made.

The name of the document is indicated in the center - “Statement on the initiation of enforcement proceedings”.

The text sets out a request to initiate enforcement proceedings, indicates the grounds for initiation (IL number such and such from such and such date), the data of the child for whose maintenance alimony is collected.

Attached are the documents that will be attached to the application.

The document is certified by the signature of the person, the date, surname and initials of the person who wrote it are placed under the text - to decipher the signature.

An example of an application for the recovery of alimony:

Within three days, the head of the unit will submit the application and the IL to the bailiff chosen to conduct this case. After studying the documents, he makes a decision to initiate enforcement proceedings. A copy of the IL is sent to the debtor. From the moment of its receipt, the customer has one working day to pay off the debt. If he does not do this, then a performance fee in the amount of 7% of the amount of the debt will be charged against him.

If the debtor refuses to pay the debt and does not enter into a dialogue regarding the installment plan of its repayment, the bailiff proceeds to enforcement measures.

What documents are needed for bailiffs for alimony

To contact the bailiffs, the main document that is needed is the IL and the collector's passport. You must apply to the FSSP and submit an application in person or by proxy from the claimant. What additional documents are required? Copies of the birth certificates of all children for whom support is being collected will be required. Separate documents for the recovery of alimony are the details of a bank account issued in the name of the claimant - the collected funds will be received on it.

How to get child support from a non-working person

This question should not worry the claimant. The bailiff should take care of exactly how to take the amount due to the debtor from the debtor, which he does. He will find out if the debtor has bank cards - if they exist, they will be seized and the funds written off to pay off the debt. If there are no bank accounts, the collection can be levied on the property of a person - a car, real estate, personal belongings (with some exceptions given in the law),

Should bailiffs report

Bailiffs must do their job and report on its results to their immediate superiors. If you see the concrete results of their actions (money from the debtor began to enter the account), you may never meet with them.

But, if you do not see any results, you have the right to ask for clarification. Find out the phone number of the bailiffs for alimony in advance so that you can call it during business hours. You can also send a request about the progress of the case by e-mail. It is necessary to write a letter to the email address of the corresponding department of the territorial division of the FSSP. In your case, this will be the department of bailiffs for the collection of alimony payments.

What certificates do bailiffs give and what they need to provide

A copy of the IL remains in the hands of the claimant. The bailiffs send him a copy of the decision to start enforcement proceedings.

Also, they can be taken a certificate of withholding alimony - the debtor has the right to receive it. But a certificate from the place of work on alimony is already taken in the accounting department of the enterprise.

There is also a certificate from the bailiffs about non-receipt of alimony - it may be needed, for example, by a divorced mother of a minor child. She, too, will be issued by the bailiffs. A certificate from the bailiffs on non-payment of alimony may be required to go to court - if the parent is thinking about collecting money in this way.

How to get a certificate of debt on alimony from the bailiffs? The document is issued on the basis of an application submitted to the FSSP branch at the place of residence of the non-payer. It is better to order a certificate of alimony in advance - it will be issued only after a few days.

The procedure for collecting alimony by bailiffs

To begin with, the debtor is given the opportunity to voluntarily pay off the existing debt. If he did not want to use this opportunity or could not, the bailiff begins the procedure for the forced collection of funds to pay the debt.

The collection procedure depends on whether the debtor has an official place of work. If he is employed, then the IL is transferred to the employer. Further, the amount established by the court will be deducted from the debtor's salary - a fixed amount or as a percentage of the amount of wages. If by the time the application is submitted, an impressive amount of unpaid alimony has accumulated, then the amount of deduction can be up to 70% of the salary - this is done in order to quickly pay off the existing debt.

If it is clear from the amount of the debt that it will not be possible to pay off the salary alone soon or not at all, then the bailiff will foreclose on the debtor's property - for example, a car can be arrested and sold on togas if it is not the only tool for earning.

In addition to the actual collection of funds, the bailiff has the right to impose restrictions on the debtor's travel abroad, as well as the use of a driver's license. Such restrictive measures are designed to encourage a citizen to quickly pay off debts.

Stages of participation of the claimant in interaction with the bailiff

So, once again, we will briefly highlight the main stages that will lead you to receiving money for the maintenance of the child:

Obtaining in court IL,

Writing an application to the FSSP and transferring IL to bailiffs,

Provide the bailiff appointed to handle your case with comprehensive information about the debtor - place of work, residence and actual residence, what property is owned.

If in the process a reconciliation is reached with the ex-spouse and an agreement that suits you is concluded, the IL can be withdrawn. How to pick up a writ of execution for alimony from bailiffs? Write an application for the recall of IL and submit it to the bailiff who is in charge of the case. It is written in two copies, one of which remains with the applicant with a mark of acceptance for consideration.

Is it possible to change the bailiff

Is it possible to change the bailiff for alimony? If you look through the law "On Enforcement Proceedings", you will not find in it grounds for changing bailiffs. However, if the work of officials does not suit you, and they are clearly inactive or, in your opinion, do not act quickly enough, you have the right to complain about the bailiffs to their immediate superiors. Where to complain about the bailiffs for alimony, if the authorities did not help? You can also file a complaint with the prosecutor's office - it is she who is responsible for monitoring the activities of FSSP employees.

It is first necessary to stock up on a sufficient evidence base - the application will be considered only if it is based on facts, and not on emotions.

Such actions of yours are unlikely to lead to the fact that the bailiff will change. However, his work will become many times more productive - after all, now either the head or the prosecutor will monitor this.

You can change the bailiff if he is a close relative of the debtor. Here the case is already about direct or indirect interest, which is a good reason for appointing another person as the curator of the case.

What to do if you lost your business

Sometimes, as a result of the restructuring of the unit or due to the heavy workload, it happens that the bailiffs have lost the alimony case. Usually we are not talking about the case itself, which has already been set in motion, but about a statement with a writ of execution attached to it. What to do if you have lost the writ of execution?

You can apply to the court with a request to issue a duplicate IL. A month is allotted for this from the moment the creditor became aware of the loss of the document. The court considers the application within 10 days.

What to do if the alimony is fired

How do bailiffs collect alimony from a non-working person? They have their own tools for this. Lack of work, according to the law, is not a good reason for non-payment of alimony on time. However, the bailiff, taking into account the interests of both parties, may offer a deferral of alimony payments while the ex-spouse, who has just quit, is looking for work. However, the search cannot continue indefinitely. Usually they are given 1-3 months, and the person must document that he is really taking search measures (get on the labor exchange, send resumes and be interviewed by potential employers).

The actions of alimony bailiffs, if the debtor does not work, also involve foreclosure on his property and funds, regardless of where the latter are located - in a bank account and in the form of cash in a safe.

It is worth noting that in the event of the dismissal of the alimony payer, the employer will certainly notify the bailiffs about this and send them back a decision on foreclosure on wages and a letter to the bailiffs upon dismissal of the alimony. If the debtor works, then the accountant regularly sends reports on alimony to the bailiff service.

A letter to the bailiffs about the dismissal of the alimony is sent to the bailiffs without fail.

If you are a representative of the employer, and you are about to dismiss the alimony, a sample letter to the bailiffs looks like this:

A sample certificate of alimony withheld may also be required - its accounting department is obliged to issue it at the request of the employee. It looks like this:

BUT payment order to pay child support as follows:

The latter may be required if the money is not transferred immediately to the claimant's account, but first to the bailiff's account or to a separate bank account.

Can bailiffs seize alimony?

Can bailiffs seize alimony if they are received by a person who owes a certain amount of IL? The Law on Enforcement Proceedings, namely, in paragraph 7 of Article 101, indicates which types of income cannot be levied. This also includes child support payments.

Can bailiffs seize child support? No. But how does it happen that alimony is arrested? This is possible in cases where funds are received on bank card. For example, if the child's mother owes the bank, and the bank won the case against her, then the bailiffs will begin the procedure for collecting funds to pay off the debt. In this case, bank cards will be seized.

We figured out whether bailiffs have the right to arrest alimony - they don’t. What to do if this still happened? In order to remove the arrest, you must contact the bank and take an extract from the card, and then come to the SSP branch with this extract and write an application for the removal of the arrest on the basis of the provisions specified in paragraph 7 of Art. 101 federal law dated 02.10.2007 N 229-FZ. Attach a bank statement and documents confirming that you received child support with the application.

What to do if bailiffs do not collect alimony properly

How to force bailiffs to collect alimony debt? The law establishes specific time frames during which the claimant must see the results of the bailiff's work. If time passes, and the case does not move forward, you have the right to seek clarification from the official who is handling the case.

Sometimes there are reasons that actually do not allow you to collect a debt. It could be:

Moving the debtor abroad,

His lack of property

Lack of official employment.

In this case, it will not be possible to recover funds quickly. But this does not mean that bailiffs do not work - measures will be taken, up to criminal prosecution.

What to do if bailiffs cannot collect alimony debt? If the bailiff knows the place of work, there is information about the property owned by the debtor, but there is no progress in the case, and the bailiff keeps silent or feeds you with excuses and “breakfasts” (or is generally rude, demanding not to get involved in his work), by all means file a complaint about his actions - or inaction. You can also file a complaint about inaction if a lot of time has passed, and the bailiffs have not yet filed a wanted list for the debtor.

How to make a bailiff work on alimony? You can write a complaint to the higher management, file it with the court or the prosecutor's office - all methods are described in detail on our website.

The main duties of a bailiff:

the use of entrusted powers in accordance with the law and the prevention of infringement of the rights of all parties to the proceedings;
the impossibility of disclosing the personal and family secrets of the parties;
performance of enforcement actions strictly within the framework of the proceedings, exclusion of personal interest;
observance of official ethics;
taking exhaustive measures to conduct enforcement proceedings in full in compliance with the deadlines for execution.

When the bailiff evades from committing mandatory actions (inaction), as well as during his illegal activities, these are aspects of official behavior by the parties to enforcement proceedings.

Rights and obligations of the debtor and claimant for alimony

Despite the fact that the designated payer and the actual recipient of funds are polar opposites in the process and are endowed with different responsibilities, they have a range of equal rights in the course of enforcement proceedings.

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Basic rights of the debtor and claimant reflects

Alimony payments are an important part family budget because the child requires not only a lot of attention, but also a lot of money. If payments stop or the other party refuses to transfer them at all, you should immediately contact the bailiffs. How exactly to do this and what you can expect - read in this article.

The rights and obligations of the bailiff for the recovery of alimony

A bailiff is a government official who is obliged to comply with court decisions and orders. To do this, he must not only have the required powers, but also the grounds, as well as the necessary documents in order to start production.

The rights and obligations of the bailiff:

The bailiff is obliged to make every effort to call an unreliable payer, as well as the recipient of funds to provide the necessary documents and information related to the debt that has arisen. In particular, the most common question that is asked to the non-payer is: for what reason does he not transfer funds?
The bailiff also has the right to independently, using the opportunities available to him, clarify the information received, double-check the data and search for the defaulter.

He has the right to demand from the management of the enterprise where the debtor works to withhold part of the salary and transfer the amount of the deduction as alimony, as well as repay the debt (but not more than 70%). The transfer of money must be made no later than three days from the date of payment of wages.
The bailiff is obliged to personally go to the place where the defaulter lives, both to conduct conversations and collect information, and to inventory the property and establish the real financial condition.
The bailiff has the right to seize and seize the debtor's property for the purpose of its subsequent sale. The proceeds are used to pay off debt.
He also has the right to seize not only physical property, but also the accounts of the alimony. If they have money, they are also sent to pay off the debt.
If the debtor is hiding, the bailiff may announce his search.
You can impose a ban on leaving the country and / or a temporary restriction of control.

Deadlines for filing bailiffs

You need to contact the bailiffs before the child reaches the age of 21, for whom alimony should have been paid. Up to the age of 18, the mother of the child (or any other representative with whom the child lives) should deal with this issue. After 18 years, the young man himself should apply to the bailiffs, however, it must be borne in mind that from the moment of majority, the limitation period begins to operate and if you do not appear at the Bailiffs Service before the age of 21, then it will not be possible to compensate for all the lost funds.

How to determine the amount of alimony through bailiffs

Percentage of income. The most common and most convenient way to calculate alimony, which is used most often for officially employed persons who receive a regular and relatively stable income. it is supposed to pay 25% of the amount, - 33%, for three or more - 50% of the income. In this case, the fact of which marriage the children are from does not matter.
. This option involves the transfer by the payer of a strictly defined amount of alimony without reference to the income received. It is most often used in the event that it is not possible to clearly determine the income.
Hybrid option. Includes the previous two options. Part of the amount of alimony depends on the amount of wages, and part is fixed. It is usually used when the payer receives profit from several sources.

Recovery of alimony through bailiffs

The collection of alimony from the non-payer is carried out in a strictly defined manner.

Procedure

Draw up a child support agreement or obtain a court order for child support.
If the payer refuses to fulfill his obligations, you can immediately go to the bailiffs.
Write an application for the recovery of alimony.
Pass it on to the bailiffs, receiving a second copy / copy with a note that the document has been accepted.
Wait for the actions of the bailiffs. You can regularly find out at what stage the enforcement proceedings are at the moment.

Statement

Download a sample application for the recovery of alimony through bailiffs

Expenses

What documents are needed for bailiffs for alimony

When submitting an application, a certain list of documents must be attached to it:

Performance list.
Court order.
Judgment.
Agreement between the parties on the payment of alimony.
Applicant's passport.
Child's birth certificate.
Details of the account / card to which you want to transfer funds.

Depending on the situation, this list may be supplemented by other documents, but the basis is almost always the same.

The procedure for collecting alimony by bailiffs

How do bailiffs collect child support? What do they do for this and what does the whole procedure look like?

The application is written in the name of the head of the Bailiff Service. He considers it and directs it to work. The final decision on whether enforcement proceedings will begin at all or not must be made no later than three days from the date of filing the application (Article 30 of the Federal Law “On Enforcement Proceedings”).
The head forms an order and transfers it to the direct executor - the bailiff, who will deal with this issue.
The bailiff is trying to get in touch with the debtor. If it works out, he makes an appointment at the office of the Service. If it does not work out, sends a notice by mail to a known address of residence/registration. The main goal: to notify about the situation that has arisen and try to resolve the issue peacefully.
If the debtor did not respond to the notice / did not appear at the meeting and at the same time did not start paying alimony, the bailiff begins to collect information about him. Requests are formed and sent to banks, the traffic police, state property authorities and other structures that will help to understand what kind of property the alimony has and what his financial condition is.

To be banned from leaving the country.
To restrict the driving of vehicles.
For attachment of property.
To bring to justice and so on.

Example: The bailiff will receive an application for a driving ban. He forms a request to the traffic police. The police stop the defaulter's car and forbid him to use the rights (but do not take them away). This is where it all ends. Now, until the full repayment of the debt, the debtor formally does not have the right to enjoy the rights. If he violates this prohibition, he will pay a fine, but, again, no one will take away his rights. For most male defaulters, this measure is more than enough to quickly pay off debts.

Is it possible to change the bailiff for alimony

If, despite all the actions of the recipient of alimony, the bailiff still does not take any action, you can try to change it. It should be borne in mind that this can only be done if the bailiff grossly violates the requirements of the law. So, again, you have to wait.

All actions of the applicant begin and end with filing a complaint with the head of the Service or other higher authorities. Usually this is enough to make the bailiff move more intensively, but in fact they are rarely changed. Yes, and there is little point in this, since exactly the same bailiff sitting at the next table will still deal with the case.

Collecting alimony through bailiffs is the only legal option to achieve justice and receive all the due payments. Unfortunately, the SSP does not always work as well as we would like it to. In order to foresee all possible options in advance, contact our experienced lawyers for a free consultation. They will also help to collect documents, draw up an application, and if it is necessary to sue again, they will be able to represent the interests of the client in order to obtain the most beneficial solution.