Today, in accordance with legislative norms, special bodies, bailiffs, are engaged in the collection of debts of various types. These bodies may draw up special documents of a certain type.
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They can perform a variety of functions. At the same time, it is the payment system that most often enters various organizations and institutions.
It is a document that prescribes the repayment of debts for any debts.
For example, deductions are made from the salary of an employee due to the need to pay off alimony debt or other payments.
There are many nuances of various types associated with this document. payment bailiffs has the force of an enforcement order.
Today, the main purpose of the bailiff service is to recover funds from debtors. Moreover, this procedure is carried out in various ways.
The simplest and fastest is sending a special payment order to the place of work of a particular defendant.
On the basis of the bailiff's payment, the accounting service is obliged to make appropriate transfers in favor of the person concerned.
It is important to remember that failure to comply with such requirements threatens not only administrative, but also criminal liability. Therefore, it is worth familiarizing yourself with all the nuances in any way related to such documents in advance.
The main issues to be explored in advance are the following:
Today, a payment order to bailiffs means a special document that contains detailed information according to the purpose of the payment of the type in question.
However, there are several different formats for such documentation. All papers of this type can be divided into the following categories:
If extra-budgetary collections are carried out, there is no need to follow special rules when compiling a payment order. That is why in this case you can use the format of a standard payment order.
In such documents, there is no need to reflect tax fields, as well as the status of the payer, all kinds of budget classification codes.
All identifying information will be reflected in a special section called "payment purpose". It is important to first consider all the features, nuances of compiling such documentation.
Otherwise, all sorts of difficulties may arise. All features are presented in the relevant legislative acts.
The payment order for bailiffs has the main purpose. It consists in justifying the deduction from the amount accrued as an employee's remuneration of certain amounts in order to pay off any debts.
The basis for this is the writ of execution. Funds for such documents are always transferred to bailiffs.
In addition to the payment function, the document of the type in question performs some others:
This legislative document includes the following:
How cash and non-cash payments are produced and classified | |
Cashless payment format | |
List of basic provisions on settlements using payment orders | |
What are the conditions for doing banking organization payment orders | |
The procedure for executing a payment order for bailiffs or other bodies, institutions is considered in detail. | |
What is the responsibility for non-execution or improper execution of a payment order | |
Denoted complete list settlements, their order under the letter of credit | |
What is a revocable letter of credit and how can it be used | |
What is an irrevocable letter of credit, how it should be used and when it is applied | |
Describes the procedure for the execution of a letter of credit | |
What are the grounds for refusing to accept a certain list of documents | |
What is the responsibility of the bank for breach of the letter of credit | |
Closing procedure | |
General provisions on settlements | |
How is the cash order execution process carried out? | |
What are the notifications of transactions | |
Scroll general provisions about payments made by checks | |
What details should be indicated on the check | |
Check payment process | |
How is the transfer of rights op to a regular check | |
What is a payment guarantee and how is it carried out? | |
What is check collection, the main features of this procedure | |
What does a Check Refusal Certificate look like? | |
Notification of non-payment check procedure | |
What are the consequences of not paying a check? |
If possible, before proceeding with the preparation of the type of document in question, it is worth carefully studying the legislative acts indicated above.
So it will be possible to minimize the likelihood of making mistakes in the preparation of documentation, the subsequent transfer of money.
The process of forming the type of documents under consideration has a large number of very different features. All of them, if possible, should be dealt with in advance. This will avoid a variety of difficulties.
If for some reason there is simply no relevant experience in compiling such documents, then it will be necessary to carefully read the sample. This will avoid a large number a variety of difficulties.
Key questions to be considered in advance include:
The process of filling out a payment order must be carried out in a certain order. All details are reflected in
An important factor is the purpose of the payment. If transfers of the corresponding type will be made in the Ministry of Finance, then its instructions should also be taken into account.
The most significant nuance that should be remembered in the first place is that it is not allowed to skip individual fields. All of them must be filled out.
Otherwise, the bank simply will not accept such a document for making a payment on it. If there is a field that is unnecessary for some reason or there is no data to fill it in, the number 0 is simply entered.
The standard form is completed in the following order:
field number 1 | Title of the document |
field number 2 | Form number according to the public classifier |
field number 3 | Order number |
field number 4 | The date on which the specific order is issued |
field number 5 | The type of payment is indicated |
field number 6 | The payment amount is written in words |
field number 7 | The payment amount is entered in numbers |
field number 8 | Filling depends on who exactly draws up the payment (legal/individual) |
field number 9 | Account number |
field number 10 | Payer's bank |
field number 11 | Bank identification code is required |
field number 12 | Bank account number |
field number 13 | The order is written on the carrier |
field number 14 | Bank identification code |
field number 15 | The account number of the bank that is the recipient of this payment is indicated |
field number 16 | Recipient |
field number 17 | Account number of the person who is the recipient of the funds |
field number 18 | Type of operation performed |
field number 20 | Code purpose of payment |
field number 21 | Order of payment |
field number 22 | Props value |
field number 23 | Reserve field |
field number 24 | Purpose of the payment being made |
field number 60 | TIN |
Other fields | Required to be completed depending on various additional factors |
One of the fields of almost all payment orders without exception is the code budget classification.
Video: how to make a payment order in 1C 8.3 to pay the supplier
It should be remembered that in the case of the formation of such a document for bailiffs, there is no need to indicate the CSC. Field #104, which is used to indicate this information, must be left blank.
The format of the type of payment order under consideration is completely standard. That is why any difficulties usually do not arise upon preliminary acquaintance with legislative acts.
At the same time, there are also no features depending on the organizational or legal form.
If possible, it is advisable to familiarize yourself with an example of drawing up such an order in advance. All such documents are standard.
For a person who loses a case with financial consequences in a court hearing, the Federal Bailiff Service opens its own proceedings, and further financial settlement of court-ordered payments will be made exclusively through this executive structure.
For the payer, the basis for the recovery is a payment order for the enforcement fee issued by the bailiff service. Such a request can be sent by bailiffs:
The bailiff writes out the financial requirement within the framework of enforcement proceedings, on the basis of a court decision on the repayment of tax or non-tax (alimony, fines, communal payments, loans, etc.) debts. Such an order has the force of a writ of execution.
When withholding the claim amount from the payer's salary, the accountant fills out a payment order to the bailiffs, a sample of which, indicating the details of the recipient, must be provided to the employer by the responsible representative of the FSSP in charge of production. A transfer is made in favor of the bailiffs, who, in turn, having registered the payment, send it to the address individual, government agencies or organizations in whose favor enforcement proceedings are opened.
The transfer of deductions to bailiffs on a writ of execution is carried out by issuing a payment order (PP). The standardized form of payment order to bailiffs was not approved, therefore, for all payment transactions, type form payments. It should be borne in mind that filling out a payment order to bailiffs when paying tax and non-tax debts is somewhat different:
In order to be sure that the payment order is filled out correctly, the executor of the judgment has the right to clarify the correct details in the Bailiff Service. This will make sure that the document is filled out correctly, the payment will arrive as intended, and there will be no consequences for the contractor for failure to comply with the legal requirements of the bailiffs.
The executor of the requirements of the bailiffs, regardless of whether he is directly the debtor or the subject holding the debt and transferring it to the FSSP, one should remember two important aspects of liability for failure to comply with the decision of the bailiff.
debtor or subject entrepreneurial activity, who ignored the requirement of the bailiff service for the forced repayment of the debt, is liable, the limits of which are established by Article 17.14 of the Code of Administrative Offenses of the Russian Federation.
If the employer maliciously evades the execution of the order, his actions can be interpreted as a criminally punishable act under Art. 315 of the Criminal Code of the Russian Federation.
The procedure for filling out a payment order for bailiffs differs when withholding taxes and other deductions, namely, alimony and judicial penalties.
Special rules and official instructions do not apply to the procedure for issuing payments for non-budgetary penalties, therefore, a regular payment order is drawn up for such payments. All identification information is indicated in the field "Purpose of payment", and the status of the payer, CCC and other tax fields are not mandatory.
Purpose of payment means types of withholding (alimony for the specified period), attributes of writ of execution, details of alimony cases, indicating information about the recipient of the withheld amount. A more specific composition of the information is specified with the bailiff service.
The procedure for filling out a payment order to bailiffs will be different for tax deductions and non-tax employee payments (for example, alimony, judicial penalties).
When on account department of the FSSP translated personal taxes an employee on writ of execution, the payment order is drawn up according to the rules governing budget payments.
Payment order for payment under a writ of execution has its own design features:
Payment according to the writ of execution of the KBC is a transfer to specially created digital codes, through which articles of the federal budget are grouped. The concept was put into effect by the Budget Code of Russia on July 31, 1998 (FZ No. 14).
No. p / p | Receipt code (name) | The code |
---|---|---|
1 | Income coming into federal budget as reimbursement of funds spent to cover procedural costs | 32211302030016000130 |
2 | Other income for rendering paid services recipients of federal budget funds | 32211301991016000130 |
3 | Other income compensating federal budget expenses | 32211302030016000130 |
4 | Performance fees | 32211501010016000140 |
5 | Monetary penalties for violation Russian legislation on the court and judicial system, on enforcement proceedings, court fines | 32211501010016000140 |
6 | Fines and other amounts withheld from persons guilty of crimes, compensation for property damage related to the federal budget | 32211501010016000140 |
7 | Fines and other amounts collected from persons guilty of crimes, and in compensation for property damage related to the budgets of the constituent entities of the Russian Federation | 32211501010016000140 |
8 | Fines and other amounts collected from persons guilty of crimes, and in compensation for property damage related to the budgets of urban districts | 32211501010016000140 |
9 | Other non-tax deductions to the federal budget | 32211705010016000180 |
The procedure and principle of deduction on writ of execution from wages is prescribed in the regulations of the Labor and Family Codes, Federal Laws and Resolutions approved by the Government of the Russian Federation.
According to the letter federal law dated 02.10.2007 No. 229 “On Enforcement Proceedings”, in cases where the debt does not exceed 25,000 rubles, the claimant has the right to send the document on its retention to the debtor directly, without resorting to the services of bailiffs. In addition to the writ of execution, the debtor is sent an application indicating the account and details of the recoverer, where payment will be received under the writ of execution of the kbk.
In accordance with Art. 242.1 of the RF BC, a copy of the decision must be attached to the writ of execution arbitration court on the basis of which the corresponding writ of execution was issued.
Payment must be made within five working days after receipt of the writ of execution. The deadline for voluntary repayment of the amount of debt is set by the bailiff service at the time of initiation of enforcement proceedings. Violation of the terms of payment under a writ of execution or by a court decision entails additional costs for the debtor, namely: a enforcement fee equal to 7% of the amount of the debt (but not less than 1,000 rubles) - for individuals, and in the amount of 10,000 rubles - for legal entities persons.
Writs of execution are delivered to the legal address of the organization by registered mail or by courier. Notification of the delivery and receipt of the document is a tear-off coupon, which is sent to the state regulatory authority.
Such correspondence, in the prescribed manner, is registered in the journal of incoming documentation, and is binding. After the monthly accrual of wages to the employee at the appropriate time, they are paid, that is, payment by court order.
According to the rules of conduct accounting records The following retention algorithm has been developed:
The video discusses the features of filling out a payment order
If you have any questions about payment under the writ of execution, write in the comments
If there is a writ of execution and it is necessary to withhold part of the wages from employees, by a court decision, it is necessary to form a payment order. This article will prevent mistakes when filling out a payment order to bailiffs.
The payment order is prescribed form a document regulating the instruction of the account holder to make non-cash transfers in favor of the recipient Money. The instruction was sent to the bank in which the payer's account is serviced. Transfer of funds is carried out from a deposit account. If for some reason there is no required amount of money on the account, but an overdraft is provided for in the agreement between the bank and the payer, then the transfer will be made. This document must be drawn up and submitted to the bank for execution in electronic or paper form.
Individuals can also operate with payment orders without opening a bank account. In this case, an order to the bank from an individual can be drawn up in the form of an application, in which it is necessary to indicate the following information:
Based on the order, the bank employee generates a payment order.
When drawing up an order to the bank in in electronic format it is very important to correctly indicate the payer, the recipient of the transfer, the amount, the purpose of the payment.
Filling in and the form of the payment order are regulated by the Regulation of the Bank of Russia dated June 19, 2012 No. 383-P "On the rules for the transfer of funds".
A payment order to bailiffs is filled in in the following cases:
In the event that a payment order is generated in relation to non-tax deductions, a number of rules should be taken into account:
In the case of the formation of a payment order to bailiffs in relation to tax deductions, the following rules are taken into account:
Payment order field | filling |
60 (TIN of the payer) | TIN of the individual in respect of whom the payment order is being generated. If an individual does not have a TIN, the value "0" is indicated. |
102 (checkpoint) | 0 |
8 (Name of payer) | Short name of the organization that transfers the tax on the writ of execution for the employee. |
101 (Status of the payer) | 19 |
22 (Code) | In the event that the UIN (unique accrual identifier) is known, it must be indicated. UIN consists of 20 or 25 characters. In the event that the UIN is absent, the value "0" is indicated. |
104 (KBK) | BCC is not provided in this case - the value "0" is indicated. |
OKTMO | OKTMO indicates the location of a specific service of judicial principles |
108 (Document number) | Information identifying an individual is indicated:
Before the identification data, the document code is indicated: 01 - passport of a citizen of the Russian Federation; 03 - sailor's passport; 04 - a document confirming the identity of a serviceman; 05 - military ID; 06 - temporary certificate of citizenship of the Russian Federation; 07 - certificate of release; 08 - a document proving the identity of a foreign citizen; 09 - residence permit; 10 - temporary residence of stateless persons; 11 - refugee certificate; 12 - migration card; 13 - passport of a citizen of the USSR; 14 - SNILS; 22 - driver's license; 24 - vehicle registration passport. In the event that the TIN data is entered, it is possible to indicate the value "0". |
106 (Base of document) | 0 |
107 (Tax period) | 0 |
109 (Document date) | 0 |
ABV LLC received a writ of execution dated 10.10.208 No. 9876/54321 in relation to Myshkin M.M. The subject of the writ of execution was the need to withhold land tax arrears.
The payment order to the bailiffs will be filled in according to the following parameters:
Payment order field | filling |
60 (TIN of the payer) | TIN Myshkin M.M. |
102 (checkpoint) | 0 |
8 (Name of payer) | ABV LLC |
101 (Status of the payer) | 19 |
22 (Code) | 0 |
104 (KBK) | 0 |
OKTMO | 123456789 |
108 (Document number) | 01; 12 34 567890 |
106 (Base of document) | 0 |
107 (Tax period) | 0 |
109 (Document date) | 0 |
Recipient | Control Federal Service bailiffs in Alapaevsk |
Order of payment | 4 |
Purpose of payment |
The payment order looks like this:
Act. to the payment bank. | Written off from boards. | ||||||||||||||||||||||||||||
19 | |||||||||||||||||||||||||||||
PAYMENT ORDER No. 45 | 20.10.2020 | ||||||||||||||||||||||||||||
the date | Payment type | ||||||||||||||||||||||||||||
Sum in words | One thousand one hundred and forty rubles 10 kopecks | ||||||||||||||||||||||||||||
TIN 123456789 | Checkpoint 0 | Sum | 1140-10 | ||||||||||||||||||||||||||
ABV LLC | |||||||||||||||||||||||||||||
sch. No. | 40702810094000009876 | ||||||||||||||||||||||||||||
Payer | |||||||||||||||||||||||||||||
PJSC "UBRD" | BIC | 044030002 | |||||||||||||||||||||||||||
sch. No. | |||||||||||||||||||||||||||||
Payer's bank | |||||||||||||||||||||||||||||
North-West GU of the Bank of Russia, St. Petersburg | BIC | 044030001 | |||||||||||||||||||||||||||
sch. No. | |||||||||||||||||||||||||||||
payee's bank | |||||||||||||||||||||||||||||
TIN 7820027250 | Gearbox 782001001 | sch. No. | 40101810200000010001 | ||||||||||||||||||||||||||
UVK in St. Petersburg | |||||||||||||||||||||||||||||
Type of op. | 01 | Payment term. | |||||||||||||||||||||||||||
Naz.pl. | Payment order | 4 | |||||||||||||||||||||||||||
0 | |||||||||||||||||||||||||||||
Recipient | The code | Res. field | |||||||||||||||||||||||||||
0 | 40307000 | 0 | 0 | 01;123456789 | 0 | ||||||||||||||||||||||||
Land tax according to the writ of execution of October 10, 2020 No. 9876/54321 | |||||||||||||||||||||||||||||
Purpose of payment | |||||||||||||||||||||||||||||
Signatures | Bank marks | ||||||||||||||||||||||||||||
Ivanova | |||||||||||||||||||||||||||||
M.P. | |||||||||||||||||||||||||||||
Petrova | |||||||||||||||||||||||||||||
Answer: Actually, there is no problem with that. If an individual does not have a TIN, the value "0" is indicated in field 60. All the necessary information is indicated in the "Purpose of payment" field, where information about the writ of execution and the purpose of payment (alimony) will be indicated.
Answer: The short name of the organization is required to be indicated, because. It is your organization that acts as the payer on the payment order.
The executive system in Russia is built in such a way that all debts that are collected due to the actions of the UFSSP employees, according to the latest orders, initially go to the account of the Service. Reporting in this system must be consistent with applicable law. The CCC on the writ of execution of bailiffs in 2018 requires knowledge of all legal changes that have occurred to date.
To comply with judgments in Russian Federation The Office of the Bailiff Service was created. Its employees are required to perform the following tasks:
These measures, of course, become relevant if the citizen himself evades his obligation to comply with court decisions.
One of the ways to pay debts is the amounts of money that the employer of the defaulter transfers from his official income from production activities. The bailiffs are obliged, in turn, to submit to the accounting department of the enterprise where the debtor works, all documents that can serve as the basis for the execution of court decisions. These include the writ of execution. They must contain all the necessary details for cash payments. A sample payment order for a writ of execution to bailiffs can be viewed on the Internet.
Bailiffs are engaged in debt collection on the basis of a payment order
In practice, there are several forms of such receipts:
The purpose of the payment document is to justify the deductions that are made from the employee's income. These amounts of money are first credited to the SSP account. Subsequently, they are already transferred to the persons to whom the debt arose.
The main functions of the payment document are as follows:
Persons responsible for sending payment documents should always remember the need to scrupulously approach their completion. Mistakes in this case can result in the money being sent to the wrong address. And this, in turn, will lead to penalties from the Federal Tax Service.
Issues related to the formation of payment documents are considered by the Civil Code of the Russian Federation. According to the Civil Code, they must necessarily include:
Persons who are faced with the need to deposit funds in favor of bailiffs should be aware that the procedure for filling out payment orders is different. It depends on the nature of the cash holdings. This means that for taxes and for non-tax payments of an employee (for example, alimony or traffic police fines), it does not match.
Depending on the types of payments, the document is filled out according to other rules.
If the document is required for non-budgetary penalties, then there are no official rules for processing payments. He does not need to fill in the tax fields, putting down the status of the payer, CBC, etc.
In such an order, the following information must be indicated:
Additional information that should be included in the payment can always be clarified with the employees of the UFSSP.
When transferring taxes payment document should include the following information:
You can transfer money to pay off a debt in various available ways.
You can see how payment orders are filled out to bailiffs in 2018, and you can download the corresponding form on various legal websites on the Internet.
To date, there are several options for repaying the debt and transferring funds to the SSP account:
Sample introduction of BCF(for 2018) for transfer to bailiffs on a writ of execution is as follows:
Filling out a payment order is a task that requires at least attention. It is necessary to observe the order in which all numbers are entered. Everyone who comes across this system needs to have information on filling out the CBC and other information for deducting the enforcement fee of bailiffs in 2018.
The video will cover the performance of:
Attention! In connection with latest changes in legislation, the legal information in this article could be out of date!
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