Dear Irina!
They can, but the question is whether they have the right. They sometimes do it first, and then they figure it out. However, their actions are limited by the Federal Law of October 2, 2007 N 229-FZ "On enforcement proceedings". In fact, they shouldn't.
Article 101 Types of income that cannot be foreclosed
1. Foreclosure cannot be levied on the following types of income:
1) amounts of money paid in compensation for harm caused to health;
2) amounts of money paid in compensation for harm in connection with the death of the breadwinner;
3) sums of money paid to persons,
injured (injuries, injuries, contusions) while performing
official duties, and members of their families in case of death (death)
specified persons;
4) compensation payments at the expense of funds
budgets to citizens affected by radiation or
man-made disasters;
5) compensation payments from the funds
federal budget, budgets of subjects Russian Federation and local
budgets to citizens in connection with the care of disabled citizens;
6)monthly cash payments and/or
annual cash payments accrued in accordance with
legislation of the Russian Federation certain categories citizens
(compensation for travel, purchase of medicines, etc.);
7) sums of money paid as
alimony, as well as amounts paid for the maintenance of minors
children during the search for their parents;
8) compensation payments established by the legislation of the Russian Federation on labor:
a) in connection with a business trip, with transfer, admission or assignment to work in another locality;
b) in connection with the wear of the tool belonging to the employee;
c) amounts of money paid by the organization in connection with the birth of a child, with the death of relatives, with the registration of marriage;
9) insurance coverage for mandatory
social insurance, with the exception of old-age pensions, pensions for
disability and temporary disability benefits;
10) survivor's pensions paid out of the federal budget;
11) payments to pensions in case of loss of a breadwinner at the expense of the budgets of the constituent entities of the Russian Federation;
12)allowances to citizens with children, paid at the expense of funds
federal budget, state off-budget funds, budgets
subjects of the Russian Federation and local budgets;
13) funds of maternity (family) capital, provided for by the Federal Law of December 29, 2006 N 256-FZ "On additional measures state support families with children”;
14) the amount of one-time financial assistance,
paid at the expense of the federal budget, the budgets of the subjects
Russian Federation and local budgets, off-budget funds, at the expense of
funds foreign countries, Russian, foreign and
interstate organizations, other sources:
a) in connection with a natural disaster or other emergency;
b) in connection with a terrorist act;
c) in connection with the death of a family member;
d) in the form of humanitarian aid;
e) for rendering assistance in the detection, prevention, suppression and disclosure of terrorist acts and other crimes;
15) the amount of full or partial compensation
the cost of vouchers, with the exception of tourist, paid
employers to their employees and (or) members of their families, disabled people, not
working in this organization, located on the territory of the Russian
Federation of sanatorium-resort and health-improving institutions, as well as
the amount of full or partial compensation for the cost of vouchers for children, not
who have reached the age of sixteen years, in the territory
Russian Federation sanatorium-resort and health-improving institutions;
16) the amount of compensation for the cost of travel to
place of treatment and back (including the accompanying person), if such
compensation is provided by federal law;
17) social benefit for burial.
HOPE YOUR POSITIVE FEEDBACK.
Do not forget that such a statement is written in two copies. One remains at the reception desk. The second copy marked with acceptance must be returned to the applicant. This is in case the bailiff subsequently states that they have not received any application from you. It happened like that.
The bailiff has the right and opportunity to check the source of receipt and purpose of funds held on the personal account of the debtor, check the possibility of debiting these funds and returning them if they relate to types of income that cannot be levied.
Federal Law No. 229, which establishes the procedure for enforcement proceedings, prohibits bailiffs from the FSSP to seize child allowances, compensations and some other payments provided by the regional authorities to privileged categories of citizens.
Motorists are usually interested in the question of whether bailiffs have the right to pick up a domestic or foreign car for debts. Car owners need to know that with a large debt on vehicle arrest is made. This means that the owner will be limited in the rights to his own car, will not be able to drive it, sell it, donate it to another person, and even break it. Confiscation of transport cannot be carried out from disabled debtors moving by car. Also, you cannot seize a car that is the only source of income for a person in debt.
Bailiffs do not have the right to withdraw money from child benefits, but this happens. We will discuss why this is possible below, but for now we will focus on state guarantees for the targeted use of payments intended for children. According to the Family Code, the child has the right to alimony, pension and social benefits. Article 60, part 2 of the UK obliges to spend these funds exclusively on the baby. Consequently, none of the family is their owner, parents have the right only to dispose of them. The income belongs only to the child, although it is on the account of the mother or father until he comes of age. Therefore, the ban on the use of children's funds is illegal.
Can they seize child support received on the personal account of a citizen in banking institution? Bailiffs have the right to seize all funds coming to the account of the debtor-recipient, with their subsequent collection on the basis of Art. 69 FZ-No. 229 in order to comply with the requirements of executive documents. Arrest of accounts is possible in case of occurrence of the following grounds:
I was talking about family disputes, and then I suddenly remembered that I had missed one important detail in the topic credit debts. We'll have to switch a little, and fill this terrible gap. Moreover, today I will give you exclusively practical advice. We will talk about the bailiffs performers, and more specifically, about their work on the enforcement of a court decision.
Sue and appeal against the actions (current) and inaction (previously committed) by the bailiffs. In general, I heard that this is the usual “trick” of bailiffs. They are now buying a car for pennies. And also write a complaint to the prosecutor's office about the illegal actions of bailiffs. Contact a lawyer if possible. Go ahead. Legalized fraud on the part of the state and individual officials is outrageous.
Hello! You can cancel the arrest imposed by the bailiffs by simply filing a statement that the funds are withdrawn from payments for the child. And you have the right to write off other accounts, besides, they do not deprive you of your livelihood. I wish you good luck!
“In the case when the details of the accounts of the debtor are unknown, the bailiff sends to the bank or other credit institution resolution on the search for the debtor's accounts and the seizure of the funds on the debtor's accounts in the amount of the debt.
By law, the bailiff was supposed to notify the mother receiving the allowance that, on the basis of a court decision on the collection of debt, a decision was made to initiate enforcement proceedings. If the recipient actually does not have any debts, including utility bills, then such behavior of the bailiff is illegal and subject to appeal. Another thing is if the mother has debts and she herself knows about the existing court decision, but does not comply with the requirements, then the actions are slightly different.
The situation described by us occurs quite often. Young mother tries to fulfill financial transaction using his card and discovers that it is impossible to do this, since the card has been seized and the money is simply not available. With further clarification of the reasons, bank employees explain that the reason for this situation is the appeal of bailiffs to seize. As a result, a quite natural question arises whether the funds transferred for the provision of care minor child to be arrested and for what reason.
2) fulfillment of the requirements contained in the executive documents specified in paragraphs 5 and 6 of part 1 of article 12 of this federal law, in relation to an organization or a citizen carrying out entrepreneurial activity without education legal entity;
Failure to pay a loan or utilities can always result in banking organization or the management company can sue the debtor. In order to prevent such consequences, it is necessary to try to resolve issues out of court. If it was not possible to avoid issuing a court order, the debtor needs to know his rights and understand what exactly the bailiffs can take (arrest) and what to do in this situation.
There are situations in life when the family cannot cope with financial obligations: payment of bank loans, taxes, utility bills and the like. Debts grow, and the time comes when creditors move from demanding payments to helping the court. After the court decision is made, the writ of execution is transferred to the bailiff service. They open enforcement proceedings, within the framework of which the salary and all accounts of the debtor are seized. Along with all means bailiffs, without even knowing it, can seize child support.
Federal Law "On Enforcement Proceedings" in Article 101 defines complete list income received by citizens that the bailiff cannot arrest due to the prohibition established by law. Paragraph 12 of this article provides that the above includes benefits for citizens with children paid from the budgets of various levels.
Mere words are not evidence. It is necessary to draw up a written act stating that the debtor does not live at the specified address. It must be signed not only by the landlord, but also by 2-3 neighbors, a district police officer and a representative from the HOA. It is desirable that the latter also put their own seals.
How did I say? Bailiff! Hands off the amounts of one-time financial assistance that is paid to the debtor: in connection with a natural disaster (other emergency); in connection with a terrorist act; in connection with the death of a family member; in the form of humanitarian aid; for assisting in the detection, prevention, suppression and disclosure of terrorist acts and other crimes. I think this is correct. And it turns out that the state gives money, and immediately takes it back. Not good.
Debt obligations are not repaid regularly by everyone. This may be due to various life situations. In most cases, people simply do not calculate their long-term prospects and cannot cope with the financial burdens that they take on. The borrower may lose his job due to circumstances or health reasons. It is good if in this situation a close person, for example, a spouse, supports him. But it happens that everything collapses at once, and there is no one close by, and you have to deal with the problems yourself.
Russian legislation allows you to apply coercive measures to debtors. By a court decision, their property, which includes bank accounts, is under arrest. Sometimes funds that are subject to a moratorium on a restrictive measure are blocked. Is it legal to seize child benefits by bailiffs? What to do in 2019 if access to money is limited? Let's figure it out.
Unfortunately, life is unpredictable, and sometimes a wealthy person cannot pay their loans on time. A creditor (bank, individual, microfinance organization) is not always ready to wait for an improvement in the situation and has the right to go to court to enforce debt collection through.
Bailiffs have a fairly wide range of powers, unlike collectors, who are so afraid of loan defaulters. Collectors have the right only to remind about the presence of overdue debts, to clarify the terms of return and the reasons for non-payment on time. Bailiffs have the right to:
According to the current legislation, bailiffs can seize the only housing (prohibit registration actions - sale, donation), but cannot sell it for debts.
The last measure of enforcement is the most effective. But, unfortunately, bailiffs do not take into account the amount of income and almost always use the maximum percentage of deductions - 50% for debtors on loans. As a result, people with low incomes (pensioners, large families) fall below the poverty line: 50% of the remaining income becomes less than the subsistence minimum for the debtor and people dependent on him (minor children; full-time adult children; elderly parents in need of maintenance).
Requests to reduce the amount of deductions from pensions and salaries for debts in the framework of enforcement proceedings, until recently, remained unsatisfied by bailiffs and district courts. But January 12, 2017 Supreme Court restored justice and the constitutional rights of debtors to a decent life in his cassation ruling No. 45-KG16-27. In its ruling, the Supreme Court emphasized the need to comply with such principles of enforcement proceedings as respect for the honor and dignity of a citizen and the inviolability of the minimum property necessary for the existence of a debtor-citizen and members of his family.
Despite the fact that the ruling of the Supreme Court referred to pensioners who have no other sources of income, its very essence is as follows: the amount of money that the debtor has monthly after being retained by bailiffs should not be less than the subsistence minimum for the debtor and his dependents.
If you have such a situation: after deductions from your salary and pension by bailiffs, you have less than the subsistence level, you need to send a petition to the senior bailiff to reduce the amount of deductions in the framework of enforcement proceedings with reference to the decision of the Supreme Court No. 45- KG16-27, attaching certificates of income, the amount of the pension received. If there is no response to your petition, you must apply to the court with a complaint about the inaction of the bailiffs.
The percentage of deductions from pensions and salaries, as you understand, is now realistic to reduce. But there is no time limit for retention. The bailiffs will hold the money until the debt is repaid in full. Moreover, if loan agreement was not terminated by a court decision (which now happens extremely rarely), the creditor has the right to apply again to the court in order to recover interest and penalties that have “dropped” during the period of enforcement proceedings. In addition to the debt and interest, you will also have to pay a performance fee to the state income in the amount of 7% of the amount of the debt. The only way to avoid all this is. Bankruptcy individual is a real worker legal way get out of debt. Thousands of people have already written off their unsustainable debts by going through bankruptcy proceedings. It's not that difficult, just call 8-800-333-89-13 and get free consultation bankruptcy of individuals.
Each homeowner or tenant is required to pay all receipts for utilities that come to him monthly. Electricity and water are paid on the basis of meter readings, the rest of the payments are calculated according to tariffs. Economic situation is such that not everyone is able to make timely contributions to utility bills. As a result, debt arises. If this is the first time a citizen has such a situation, the state can meet him halfway and write off the communal debt. Will utility bills be written off? To get rid of debt, you need to familiarize yourself with the laws that regulate the procedure for dealing with such a situation.
Organizations managing common property tenants apartment buildings on the basis of an agreement, they control persons who have arrears in utility services. Management companies may decide to restructure the debt or write it off, but this is not within their scope of interest, so they are in no hurry to make such a decision. It is possible to force them to write off the entire amount accumulated due to non-payment only through the court. In order for the court to make a positive decision, it is necessary to prove that the debt was formed for a good reason.
Important! If there is no desire to go to court, then the owner of the apartment should obtain a subsidy for utility bills to facilitate payments. It will not work to write off the funds, but the amount in the receipt will decrease. The benefit is regulated by articles number 159 Housing Code Russian Federation.
Citizens whose total income is less than 88% of total amount all utility bills. The income also applies to persons under the age of majority living together with the debtor legally. In order to be eligible, a person must confirm the income level of all able-bodied family members and submit an agreement with the management company on the gradual closing of the debt.
It is possible to write off debts in full in the following situations:
If the deadline has expired limitation period on the rent, then the owner of the living space has the right not to recognize the debt for utilities and then they will be written off. This situation is real if the debt has been accumulating for three years and none of the services has made claims to the owner. This happens very rarely, since in most cases the owner of the apartment is reminded of the debt less than six months after its formation. If a person in court can prove that he was not reminded of the debt for 3 years, then the court can write off the funds based on the expiration of the statute of limitations. The main thing is that during this time documents on the recognition of the debt should not be signed and utility payments should not be made for this period. If even a part of the amount was paid, then the application of the law on the statute of limitations will become impossible, which means that it will not be possible to write off utility bills.
Important! Will utility bills be written off if the owner of the apartment has lost his ability to work? This is a reason to write off the debt if the owner had a good reason not to work, and he can prove it. A good cause is trauma, mental disorders or pathological conditions.
How to write off housing and communal services debts by declaring yourself bankrupt? To realize this, a citizen needs to file an application for declaring him bankrupt. To make such a decision and write off funds, the court needs justification - the absence permanent place work from three years and a debt on loans and other payments of more than 500,000 rubles. Not always as a result of the proceedings, the debt is written off. Sometimes the court decides to put the debtor's property up to the auction up to the real estate and so to pay the entire amount that has accumulated during the insolvent period. If there is not enough money, then the balance will be written off by a court order.
The reason for writing off is the death of the owner of the premises, but only in the absence of heirs. Based on the Civil Code of the Russian Federation, the heirs will receive not only property, but also all existing debts. If the deceased had only debts, then they will be written off, because without property they are not inherited.
Utilities do not always resort to collecting debts for services through the courts. They can agree with a citizen to restructure the debt, and not to write it off. It is impossible to get rid of the accumulated amount here, but it is realistic to make payments in installments. This will require the following package of documents:
If all documents are in order, the agreement is signed. If specialists management company filed an application with the court, then the claim will be canceled by agreement of the parties. If the user does not provide proof of a valid reason for non-payment, then his application will be rejected. Cancellation of the claim will not follow.
Writing off debts on utility bills is not always possible, but reducing utility bills is much more realistic. Benefits of payments for housing and communal services are provided to the following categories of citizens:
Important! The President of the Russian Federation regularly provides Russians with measures within the framework of state support to improve financial situation. This also applies to utility bills. In 2019, Putin indicated that he would continue to do everything possible to help Russians improve their quality of life.
If the debtor deliberately refuses to pay the bills and the debt appears not for the first time, then he will not be able to write off the funds. Debt forgiveness will only occur if the statute of limitations has expired. In other cases, the management company sues the user and all claims will be stated in the lawsuit. It is useless for a citizen to fight with the organization, since he used public services, but did not contribute money. The decision will be made in his favor. After the end of the trial, the bailiff service has the right to seize the accounts and property of the user. Bailiffs, without removing the arrest, deprive a citizen of the opportunity to cross the border of the Russian Federation. To get rid of restrictions, you need to carry all the funds to the account of the Criminal Code. After payment of utility bills, the restrictions will be lifted.
Important! Writing off debts for utilities becomes possible when a citizen had a good reason not to make payments on receipts. The state will always go forward. You can take advantage of the expired period or temporary disability, and then the accumulated amounts are written off. To prove that there is a good reason, you can write a petition to the management company.
You can do it yourself, without contacting a legal service. If the management company failed to get rid of debt obligations and write off funds, it is recommended to go to court. To win the case and obtain forgiveness of debts, it is recommended to seek legal advice. If this is not possible, you can ask a lawyer online at no charge. Sometimes it is possible to completely write off funds or break the debt into several payments.
