Powers of bailiffs against debtors
In recent times, cases have increased when peopleyears do not pay taxes, do not pay fines, take a loan from the bank, obviously not going to give it away. When such situations occur and after many warnings a person refuses to answer for his obligations, the special service of the Federal Service of Bailiffs (FSSP) enters the case. According to the law, they have the right to use force in their activities to achieve the desired result. The powers of the bailiffs are broadened on a legislative basis, since the malicious defaulters become larger from year to year.
Laws that are designed to regulate the activities of police officers
How does the FSSP service come into effect?If, according to the current legislation, a person is found guilty of not repaying a loan or failing to pay taxes, he is given the right to appeal this decision. The deadline for submitting an application 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 for consideration andregistration of documents. After this, bailiffs start to act. They differ from collectors in that their rights and duties are regulated by law. The powers of the bailiff service are regulated by two laws: No. 118-FZ "On Bailiffs" and No. 229-FZ "On Enforcement Proceedings". These laws establish a fairly wide range of bailiffs' opportunities. They are entitled to apply any actions that are not prohibited by law.
What rights do bailiffs have?
As already noted, the main goal of this kindemployees - to do everything necessary (within the law), so that a person repays his debt. Often happens such that in a monetary kind the debtor can not pay off. Then bailiffs make inquiries on all available bases to find out what property the defaulter owns. This information can not be hidden, since the FSSP has access to all the necessary databases. The powers of bailiffs in debt collection are the following:
- they have the right to file a request with all banks to find out the fact that the debtor is their client (in most cases they block all the cards to debit them from the debt);
- apply to the employer in order to find out the amount of wages;
- On working days to come home from 7 am to 10 pm (in this case it is better not to obstruct the bailiff, as soon he will receive permission and knock out the door);
- to perform actions with property, that is, to arrest him, to seize and even use (for example, the selected property to be transported by the car of the debtor).
Unlike the reservoir, the bailiff can alwaysenlist the support and assistance of law enforcement agencies. 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 by no means all their rights.
Ban on leaving the country
Some debtors try to hide frombailiffs, having gone abroad. However, this is not so easy to do, since bailiffs have the right to prohibit non-payers from leaving. And it is quite legal, no rights in this case are not infringed. Perhaps a person simply wants to go on vacation or to a business meeting, but, having debts, he will not be able to do this.
The federal bailiffs'that this is one of the most effective measures to force a person to pay off a debt. If the debtor is not going to pay his bills and in every possible way avoids meeting with the bailiff, he will have such a fate. Nobody will let him go abroad. There are situations when a person needs to leave urgently, and 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, you do not immediatelyit will be, since it is necessary that the data on the repayment of the debt be entered in the federal database. This action, of course, takes time, sometimes it takes up to three weeks.
Debtors should not relax on the Internet
At present, everything is computerized, and withoutIt is impossible to imagine your life on the World Wide Web. Bailiffs have not become an exception, and control over debtors is done on the Internet, and even in social networks. Non-payers should carefully consider whether it is worthwhile to upload a photo with the next expensive purchase, 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 about which IP address is logged into the network. From here you can find out the address, where, probably, the debtor's property is stored.
Of course, there is no morality here. The powers of bailiffs do not prohibit the use of this method. Debtors are told that non-repayment of debts is a criminally punishable act. Usually bailiffs give the last warning that psychologically very much affects non-payers.
At present the bailiffs are cooperating withOrthodox Church, that is, suggestion is made to debtors on a religious level. The priests will instruct people, reminding that non-repayment of debts is considered stealing, and this is a sin.
Representatives of the FSSP do not believe that in this alliancethere is something reprehensible. If the money does not return, then the bank incurs its losses. It turns out that there is a theft of bank money, which is condemned by the church.
Obligations of the bailiff
It was noted earlier what rightsbailiff. And what does he have to do? The powers of the bailiff are widely disseminated, his requirements for the implementation of judicial acts are mandatory for all organizations, bodies and citizens. The bailiff himself, in particular, is obliged:
- to take all the necessary measures prescribed in the writ of execution, on the timely execution of the judicial act;
- grant the right to acquaint with the materials of the writ of execution, to make copies, to write something out;
- review all applications of the parties regarding the execution of the act, as well as explain the terms and procedure for appealing;
- withdraw his candidacy if he is an interested person or there are other circumstances that call into question his impartiality.
On whether the debtor has given his debt,the revenue of the police officers also depends directly. In the Federal Law "On Enforcement Proceedings," the following fact is fixed: a reward is provided for the successful performance of its work by a bailiff.
That is, if the bailiff providedtimely repayment of the debtor's accounts, he receives 5% of the recovered amount or value of the property. However, the amount that the bailiff receives will not exceed 10 times the minimum wage. If the bailiff partially coped with the task for reasons beyond his control, his remuneration would be paid in proportion to the recovered amount.
How should a defaulter behave after the enforcement document comes into force?
After the treaty enters into force, the bailiffwill send a copy of the writ of execution to the debtor. In this document the requisites and the amount of the debt will be indicated. Within five days the debtor can voluntarily apply to the bank and pay off all debts. However, if there is no such possibility, the bailiff will come to his home within two months. The authority of bailiffs does not include a warning about their visit.
The bailiff must be dressed in a special uniform,have the necessary service documents with you. When the bailiff comes home to the debtor, then the latter should behave adequately, not rudely. After all, in addition to the administrative impact in the form of a fine, the debtor can incur criminal penalties for insulting a representative of power.
It should be noted that those non-who are ready to conduct a normal dialogue with the bailiff, may receive a delay in repaying the debt. To do this, you need to write an application to the court, and if the controlling bodies do not mind, he will be on the side of the debtor. During the postponement of bailiffs' authority to debtors, the defaulter's concern is not included. Of course, there are situations when the debtor knows that he can not repay the debt. Then you need to prepare for the fact that the property will be recovered or seized.
Excess of authority by bailiffs
Bailiffs are, above all, people, and herethere is a human factor. Among the bailiffs can meet 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, as, according to the Constitution and some codes, no one has the right to inspect someone else's home without the consent of the people living there.
However, the Federal Bailiff Service,whose powers are quite voluminous, allows himself the arbitrariness of his employees. In this case, the debtor has the full right to sue for exceeding the authority of bailiffs. In addition, now you can complain on the Web, sending a letter to the Internet reception.
The FSSP is a very important organ that helpsthe state in catching debtors and defaulters. Without this service, there would be arbitrary behavior in the country, and no one would pay taxes knowing that there would be no punishment. This law provides for the use of force against debtors by bailiffs. Someone thinks this is right, but someone is immoral.
However, everyone agrees that the powers of the bailiffs need to be narrowed a little. Still, it is very difficult now to find the line between law and arbitrariness.