What should a bailiff know? What does a bailiff do? What documents must the bailiff present?

A bailiff is an official who enforces court decisions, as well as other legal acts. Its activities are strictly limited by relevant legislation and regulations. Let us consider in more detail this position and the responsibilities of the person occupying it.

Firstly, it should be noted that the bailiff is a public official. This function has implications for compliance with certain disciplinary and ethical principles and standards, as well as criminal and civil liability. He serves on the circuit court where he was assigned. Its tasks include the following.

Making judgments on monetary and non-material claims and securing claims, fulfilling other orders regarding the execution procedure, drawing up a protocol of facts before the start of a trial or before a decision is made at the request of a court or prosecutor, servicing court notices, promising protests and complaints. All actions can be performed by executive authorities on weekdays and Saturdays from 7 to 7.

What are the job responsibilities?

Like rights, the duties of a bailiff are fixed in Art. 12 Federal Law dated July 21, 1997 No. 118-FZ, which was edited in 2016. Among the main responsibilities of the person holding this position to ensure the established procedure for the activities of the courts (OUPDS) are:

Ensure that the parties to the trial, as well as their representatives, are familiarized with the materials of the enforcement case, provide extracts from the documentation, and also make copies of them.
Take measures to ensure timely, complete and correct implementation of the regulations established in executive documents.
Consider all statements and petitions submitted by participants in the trial, draw up appropriate decisions, and also explain to persons all the conditions (terms, procedure, etc.) for their appeal in case of disagreement.
Recuse yourself in cases where the bailiff himself is interested in the enforcement procedure or if there are any grounds for doubting his loyalty and impartiality.

Regardless of the type of offense, the bailiff is obliged to respect all the rights and interests of citizens.

In cases where there is a need to carry out certain activities on a public holiday, the authority must obtain the consent of the chairman of the district court. It is important that activities that started before 21:00 can continue if their interruption would interfere with enforcement.

Does the bailiff have the right to enter the apartment and is consent required?

The bailiff is required to use an identifier that includes his/her name, photograph, description of the function, and the name of the district court in which he/she operates. At this stage, it is important to note what the beginning of the bailiff's actions looks like. Well, the bailiff who receives the case from the creditor is not required to investigate whether there is, in fact, a basis to begin enforcement.

Based on the above job responsibilities, we can conclude that the bailiff is the main regulatory official who participates in enforcement proceedings. Accordingly, it is he who bears all the obligations relating to control and verification of the execution of all court decisions.

Responsibilities of the bailiff for the collection of alimony

In the case of collecting alimony, the bailiff is obliged to act within the framework of the currently established legislation. Accordingly, he has no right to perform any extraneous actions. He operates according to a standard scheme, conducting on-site activities, interviewing the debtor in order to identify the reasons for his refusal to pay alimony, and also carries out all the necessary procedures for collecting funds.

In addition, the duties of the bailiff include determining the property status of the debtor. He must control his income, purchases, and other income sources. All information must be noted in special documents, which can then serve as the basis for forced collection.

How to write a letter to bailiffs

The bailiff, through his actions, seeks to fulfill the court decision, that is, to ensure compliance with the amount of money. Execution may be made from, among other things, movable property, remuneration for work, bank accounts or real estate. With the execution of the execution, the bailiff notifies the debtor, informing him about the rank and about the persons to whom the proceedings are being carried out.

Many people live in the mistaken belief that “the debt is with the bailiff.” The ability to enter into an agreement, release a particular asset or suspend its execution depends solely on the creditor. This does not mean that the bailiff should be avoided.

Responsibilities of bailiffs under a writ of execution

After the end of the judicial review, the claimant is given a writ of execution, which must be sent to the bailiff. In some cases, judicial institutions independently transfer the document to the executor.

In accordance with the court order, the following obligations may be imposed on the bailiff:

Once the bailiff has been informed that the execution has been initiated, it is important to approach him or her and tell him or her about your assets and whether he or she wishes to settle the debt or make a voluntary payment. It should be noted that such actions on the part of the debtor will minimize the costs of execution. In this situation, if a party presents its assets to the executor, it will not be required to pay the costs of finding it. During the proceedings, each enforceable debt must be transferred to the debtor within 4 days.

from the person who caused material damage to the victim;
collect a state fee;
collect the alimony payment established by the court;
reinstate persons who were laid off illegally.

That is, the duties of the bailiff under the writ of execution are determined by the decision of the judicial institution itself. After receiving this document, the bailiff is obliged to notify the commencement of enforcement proceedings or his refusal to do so within 3 working days. In turn, he is also obliged to provide a 5-day grace period, during which the debtor has the right to voluntarily pay all debts without forced seizure.

If the bailiff is delayed, he/she is required to pay interest on amounts received and outstanding. There may also be circumstances in which a bailiff is unable to perform his or her duties, then he assigns his or her deputies - another bailiff or a bailiff - to perform them. The bailiff notifies the page of any action taken.

Main responsibilities of a bailiff

In practice, this means more efficient execution. An important change is the introduction of legal disclosure of ownership. The bailiff will have the right to obtain a list of assets from the debtor. A list of assets will be submitted by the debtor under penalty of criminal liability, which will be debited by the debtor. If the debtor does not appear before the bailiff due to acquittal, refuses to answer a question or fails to provide a statement or promise, then the bailiff will be able to fine him or ask the court to enforce the debtor or even apply for a detention not exceeding one month.

Video: Powers and responsibilities of bailiffs under OUPDS

The following video asks you to find out what the bailiff should do after arriving at the address indicated in the judicial act of the summons:
Thus, we can conclude that the bailiff plays a very important role in the judicial proceedings themselves. The responsibility falls on his shoulders to enforce all decisions of judicial authorities to collect material debts. Accordingly, the rights and obligations of an official are, first of all, regulated by these tasks.

Bailiffs are required to act within the framework of the relevant federal law. In most cases, their actions and decisions are aimed at ensuring a court decision that has entered into legal force. But many people often wonder about their powers. Some believe that FSSP employees sometimes act contrary to the law. Therefore, it will be described in detail below exactly what rights they have in relation to debtors.

What rights do bailiffs have?

The rights of bailiffs are mostly established by relevant federal law. Their responsibilities are also noted here. We list what is included in their powers:

seize and describe any permitted property;
conduct a search for the debtor;
withdraw money from all known accounts;
with the participation of police officers, they can conduct searches and seizures;
impose bans (on travel, registration actions, communication).

What do bailiffs have the right to describe to a debtor?

Such property includes any bank and salary accounts, pension contributions (up to 10-15%), movable and immovable property belonging to the debtor, household appliances, goods and production tools, securities, bonds, bills, bank notes, cards, agricultural and pets.

The bailiff deals with the execution of the court decision. For example, a bank files an application to court to collect the amount of debt from the debtor. The court makes a decision on recovery. Next, the decision is sent to the FSSP, that is, to the bailiff service. The bailiffs begin work to collect the amount of the debt. Thus, the court performs only a judicial role, and the executors in this case are exclusively bailiffs.

What exactly do bailiffs do?

The bailiff opens enforcement proceedings based on the court decision and the claimant's application. In this case, the enforcement case includes all documents that confirm the need to collect the amount of debt from the debtor;
Next, a specialized notice is sent, in which the bailiffs indicate the opening of enforcement proceedings and offer the debtor to pay the amount of the debt on their own voluntarily within a specified period. The amount of debt and payment details are also indicated;
The bailiff also accepts applications from the debtor and the collector regarding the implementation of certain payment measures or regarding the collection of funds and valuables of the debtor;
The bailiff carries out the procedure for studying the financial condition of the debtor and makes an inventory of property if necessary. If the debtor does not have property, then in this case, the bailiff sends a specialized notice to the place of work so that the amount of the debt is forcibly written off from the debtor’s salary.

Features of the work of a bailiff

The bailiff does everything possible to ensure that the debtor complies with the court decision. At the same time, the actions of the bailiff must certainly be standardized by the legislation “On Enforcement Proceedings” No. 229-FZ of October 2, 2007. That is, in fact, the actions of the bailiff must be regulated by this legislation. If the debtor makes contact, the bailiff must offer him options for getting rid of the debt. That is, offer the option of self-payment within a clearly defined time, or offer the sale of property and payment of debt from the proceeds. If the debtor does not make contact with the bailiffs, the bailiff can use various methods of collection. First of all, property is seized. Also, an inventory of property may be made, among other things, a ban on crossing the border may be imposed. In general, the bailiff has very significant powers/opportunities, and he can use all of them if he considers them rational in relation to collecting the debt from the debtor, and if he believes that other measures will be useless in a particular case .

Source: www.armada-security.com

The position of a bailiff is based on the legislative framework. Exceeding authority can have serious consequences. It is for this reason that you need to be extremely...

The FSSP represents the executive power on the territory of our country. It is her responsibility to comply with the decisions made by the relevant authorized structures. It is important to have a thorough knowledge of the rights and obligations of bailiffs and debtors, in order to exclude situations of unlawful abuse of official powers by responsible employees.

Functions of a bailiff

An official who deals with issues, the range of which is determined by official bodies forcibly.

Responsibilities according to functionality are conventionally divided into the following categories:

managers;
The joint venture, meeting participants, for the protection of the premises, can carry and own firearms;
SPIs collecting debt.

In turn, the work of the ISI consists of search, arrest, seizure of property found on the defendant, they carry out assessment and further implementation.

Rights, responsibilities

We can highlight:

collection: alimony, debts, writ of execution;
accepted court decisions.

Let's take a closer look at the following:

Infringement of the rights of participants in the procedure is not allowed, in accordance with the powers of bailiffs to collect debt based on the law;
confidentiality of private secrets;
personal interest is excluded, with strict execution of the necessary actions during the process;
compliance with official, moral and ethical rules;
proper action taken.

The duties of the bailiff for debt collection are regulated by Federal Law No. 118, according to which the SPI is obliged to:

qualitatively, correctly resolve issues indicated by office work;
consider applications received from the parties regarding all issues, clarify details, issue appropriate orders;
report to the SSP about violations in the performance of tasks assigned to specialists;
recuse yourself;
provide extracts, along with copies of documents, upon applications from participants in the paperwork;
receive and process personal information;
according to the law, carry out the necessary actions in the process of administrative offenses.

The powers of the bailiff to collect debt are strictly regulated by the adopted Federal Laws. When working with a writ of execution:

notify the parties at each stage;
visit the debtor at set hours (it is prohibited to disturb him on weekends and holidays);
recover only on the basis of a relevant court decision;
seize property and/or property solely in his presence;
items (objects) that are not subject to seizure cannot be confiscated;
warn in advance of the possibility and/or intentions to resort to strict debt collection measures.

All actions of the SPI are regulated by Federal Law No. 229, according to which it is obliged to:

call participants in the proceedings to an appointment by means of a summons, telephone call or other legal method;
request and receive necessary information;
seek clarification, demand a certificate, any other information that will allow a thorough understanding of each specific situation;
conduct audits of financial activities;
issue established orders in accordance with the executive document;
with the written permission of the senior bailiff, visit the debtor for the purpose of performing official duties;
seize property, seize, evaluate, sell for further debt repayment;
put the defaulter and his property on the wanted list;
consider applications from all participants in the process;
impose restrictions on the debtor's travel outside the state.

When writing off funds to pay off a debt, the amount of overdue payments is taken into account, but usually no more than 50% of the total amount, in some cases, taking into account the severity of the offense, moral aspects, harm caused, up to 70% is written off.

In addition to funds, joint ventures are empowered to seize real estate (excluding the only home of the debtor and his family), vehicles, and bank accounts (including credit accounts).

Laws and regulations governing the activities of the bailiff

Regulated by the following provisions: Code of Administrative Offenses, Civil Code of the Russian Federation, Constitution, Regulations of the Ministry of Justice, Decree of the President of the Russian Federation No. 1316 “Issues of the FSPP”, Federal Law No. 118, No. 229.

Job responsibilities for OUPDS

Ensure the established procedure for the activities of joint venture courts, in accordance with current legislation:

maintain safety; moving material evidence to the venue of the meeting (upon separate request);
carry out every instruction of the chairman of the court;
Based on the resolution, they are looking for citizens who evade appearing;
by order of the SSP, they protect FSSP officials;
warn, stop, if necessary, offenses, transfer troublemakers to local departments (OVD);
report all detected illegal actions to the senior bailiff;
interact with Russian police officers, military units, at the stages of escorting into custody;
provide assistance to police officers in detaining those who are hiding or are wanted;
by order of the SSP (deputy), assist the SP or the investigator in the implementation of office work or inquiry.

Rights and obligations of debtors

The most important thing in the course of carrying out appropriate actions is to promptly and accurately fulfill the requirements specified in the court decision, order or writ of execution.

It is also important for the defaulter to provide personal data, reliable information regarding work, place of residence, and income. It is necessary to pay funds for the execution of the ID within the terms specified in the credit (loan) agreement. Otherwise, a fine is imposed for late repayment of debt without a valid reason.

In addition to duties, even persistent violators have the right:

familiarization with office work documents;
requests to change payment periods for invoices;
concluding a peace agreement or postponing the process;
appealing the actions of bailiffs;
performance of duties according to executive office work;
provision of any requested information and documents on the conflict under consideration;
expressing one’s own point of view on issues that arose during the IP.

“Special” include: the possibility of preserving certain property from payment and the right to voluntarily perform duties within 5 days after receiving the resolution.

Database of enforcement proceedings of bailiffs

Citizens of the Russian Federation who purchase real estate, a vehicle, or travel outside the country are required to check their debts to government agencies. It is in the Office of the Federal Bailiff Service of Russia (UFSSP for short) that this information can be obtained using an online service for both individuals and legal entities. They will confirm the presence or actual absence.

The website contains an interface that allows you to access the IP database. Anyone can use the service. In the “Information Systems” section, you need to go to the “Individual Entrepreneur Data Bank” sub-item and enter the information necessary for the search:

individuals by last name;
legal according to TIN, OGRN;
IP according to INN and OGRNIP.

Obtaining data on civilian debt: you need to enter the last name and click on “Search”. If not, a corresponding notification will appear. Availability will be reflected immediately. If a user who has not paid off debt obligations (loans) intends to repay them, then a similar action can be performed using the interface of the specified service. The FSSP helps not only to receive timely information about existing delays, but also to provide compensation.

How debtors' rights are violated in enforcement proceedings

Quite often, controversial issues arise between the parties - defaulters and collectors, joint ventures, sometimes conflicts, disagreements that force them to go to court.

As a rule, the effectiveness of the defense can be ensured by professional lawyers with extensive experience, appropriate authority to communicate with the joint venture, strictly adhering to the boundaries of the law.

Currently, the situation has developed in such a way that during the paperwork the rights of the debtor are violated, because he is the most vulnerable participant in the process.

In confirmation of what has been said, the media supports the opinion that the defaulter does not have any rights and is obliged to unquestioningly fulfill any requirements presented to him.

In fact, everything is completely different; every person is under the protection of the state, which allows him to seek help from professional lawyers.

The rights of the debtor are regulated by Art. 50 of the Federal Law “On Enforcement Proceedings”, according to which a person, a participant in an individual entrepreneur, receives the procedural status, with the imposition on him, after the entry into force of a court decision, of the obligation to perform a number of actions:

pay a debt;
return valuables to the owner;
vacate an occupied room, etc.

The most common violations include:

cases of incorrect assessment of seized property subject to sale;
illegal seizure of valuables (real estate, other types of property);
penalty applied to the income of the violator;
clearly undervalued items selected for further sale;
restrictions on a person’s travel abroad imposed illegally;
at the stage of open bidding.

The list can be continued further, since each case is completely unique, therefore the solution to the problem is selected individually. It is worthwhile to dwell in more detail on the legal means that are used to protect the debtor:

a procedure is provided for appealing actions committed by the SPI or facts of visible (proven) inaction, with the submission of an application to the senior managers of the FSSP unit;
it is permissible to file administrative claims in court for the purpose of declaring the measures taken (unfulfilled) by the IPI as illegal, as well as the issued resolution;
prepare statements regarding the possibility of granting a deferment in the execution of a court decision;
postpone ID, along with enforcement measures;
perform procedural actions specified by law, this includes: statements for the prosecutor’s office and OSB.

It is also important to understand whether there are situations where the debtor may, on good grounds, not contribute the funds specified in the IL? Indeed, every year there is an intensification of the crisis in the economy, and accordingly, the number of calls to law firms to obtain protection from the lawlessness carried out by SPI, along with debt collectors, is growing.

Therefore, more correctly and legally competent, the problem should be formulated as follows: “when a person cannot pay for IL?” The essence of the issue: after a court decision enters into force, it is subject to immediate and mandatory execution by each violator.

The only thing that “works” and helps in the current situation is the complete lack of money, valuable items sufficient to satisfy the demands made by the claimant. Strictly speaking, if there is no legal capacity or other kind of obligations, the responsibility assigned to an individual does not cease, which means the automatic transfer of all debts to the heirs.

That is, after the death of the borrower, the borrowed funds may well be recovered from the one who took ownership of the abandoned property. This is one of the functions within the competence of FSSP employees.

Article 46 of the Federal Law, relative to individual entrepreneurs, contains the following explanation: provision is made for the return of a writ of execution, the collection of which was carried out partially or did not take place at all, to the applicant in the following situations:

in the absence of property, the sale of which will allow the money invested to be returned;
all measures permissible under current legislation aimed at detecting valuable items were unsuccessful.

Having the knowledge of how to correctly use individual provisions of the Federal Law, with the joint application of relevant procedural measures, one can actually postpone the start of the “inclusion” of coercive measures.

The main thing is to wisely take advantage of the “recaptured” period of time, directing it towards optimizing the process of repaying debts. It is also possible to conduct separate negotiations with creditors with a view to achieving a reasonable compromise and finding ways to peacefully resolve the difficulties and misunderstandings that have arisen.

It is also important to remember that at the slightest hint of a deterioration in financial well-being, which could significantly delay the timely deposit of funds as scheduled, it is better to contact the bank directly as soon as possible with a request to revise the concluded agreement.

If everything turns out to be as described by the borrower, credit companies, as a rule, are ready to meet halfway and make a positive decision. It is at these stages that assistance from lawyers will be indispensable, who will help you correctly draw up a petition, support you at each of the upcoming stages, and protect the interests of your clients.

Among the most common ways to solve the problem of delayed payments, it is worth noting - restructuring, refinancing of debts, revision of the contractually approved period for depositing money, interest rates, with an increase in repayment terms. The latter circumstance is all the more important because it allows you to significantly “stretch” the payment period in time.

Receiving all of the benefits listed is possible only if there are really compelling reasons - loss of a job, as a result, a permanent source of income, serious illness, death of loved ones. Everything must be confirmed by relevant documents and communicated to specialists of financial institutions in a timely manner.

The powers and rights of bailiffs are strictly limited by law (N 118-FZ On Bailiffs) and I want to tell you what actions on the part of bailiffs can be considered legal. Bailiffs, or more correctly the FSSP (Federal Bailiff Service) is a compulsory enforcement body and is also an executive body that carries out functions to ensure the established procedure for the activities of courts, as well as the execution of judicial acts and acts of other bodies. In simple words, the FSSP ensures the execution of court decisions, if, for example, by a court decision the debtor was ordered to pay a certain amount of money, then the bailiffs are also engaged in collecting this amount from the debtor, unless, of course, he refuses to make payments voluntarily. That is, bailiffs force the execution of court decisions, force individuals and legal entities to fulfill a court decision, and carry out a set of measures to influence the debtor and force him to fulfill his obligations.

What rights do bailiffs have and what actions are considered legal?

If you refer to Article 12 of the Federal Law on Bailiffs, you can understand what rights and powers are vested in the employees of the FSSP service.

When carrying out the process of forced execution of judicial acts and acts of other bodies, which are provided for by the law on enforcement proceedings, the bailiff has full right to the following actions:

Take actions to timely, correctly and fully comply with the requirements of executive documents;
Also, bailiffs can provide materials of enforcement proceedings for review, and extracts and copies can be made from these materials. These materials are provided only to the parties to enforcement proceedings;
Also, bailiffs can consider applications from parties to enforcement proceedings, consider petitions and make appropriate decisions on this matter, also explaining the time limits and procedures in which decisions can be appealed;
Also, the bailiff is obliged to recuse himself if, during the enforcement proceedings, circumstances arise that may raise doubts about his impartiality. That is, if the bailiff has an interest in the outcome of the case, then he is obliged to recuse himself;
Has the right to receive and process personal data, but there is a condition that he needs the data for timely, correct and full execution of the requirements of executive documents;
The bailiff has the right to put the debtor on the wanted list under writs of execution, as well as search for his property or child, if the writ of execution contains requirements for the removal of the child and his transfer;
The bailiff also has the right to carry out proceedings in cases of administrative offenses;
Also, in the course of carrying out enforcement actions, he has the right to receive the information he needs, also personal data, any explanations and certificates;
If the bailiff handed over a writ of execution to the debtor at the place of work, then he has the right to check the employer’s compliance with the requirements of the handed over document and check whether any financial documentation is maintained under this document;
Can give instructions to both individuals and organizations that participate in enforcement proceedings with the necessary instructions on issues related to the performance of specific enforcement actions;
The bailiff has the right to enter the premises and storage facilities occupied by the debtor or premises owned by the debtor. Conduct inspections in these premises, has the right to open them, and, according to the rulings of the relevant court, to perform actions of the same type in relation to storage facilities and premises occupied by other persons or belonging to these persons;
Has the right to arrest, seize and transfer for storage, as well as sell any seized property, with the exception of property excluded from civil circulation on the basis of law;
Also, the bailiff has the right to seize funds, as well as any valuables of the debtor that are in accounts, deposits and in storage in banks and any other credit organizations, in the amount specified in the executive document;
The bailiff has the right to use non-residential premises, but with the consent of the owner, as a storage facility for seized property, and the owner of the premises is also responsible for storing this property. It can also use the transport of both the claimant and the debtor to move property, all costs associated with these actions are charged to the debtor;
If the writ of execution does not clearly indicate the methods and procedure for its execution, then the bailiff has the right to appeal to the court, body or official that issued this document with a corresponding statement to clarify the method and order in which the requirements of the writ of execution are fulfilled;
Has the right to summon citizens and officials participating in the proceedings based on executive documents;
During the execution of enforcement actions, the bailiff has the right to check the identity documents of persons participating in enforcement proceedings;
In the course of conducting proceedings to search for a debtor or his property, as well as a child, the bailiff has the right to make requests to data banks of operational-reference search information, also has the right to process personal data necessary for the production, as well as any information about persons and their property, also has the right to check the identification documents of a citizen, if the bailiff has reason to believe that the property or the citizen himself is wanted, the bailiff can also identify the person, conduct surveys of citizens, make inquiries and study documents, conduct inspections of property and inspections of premises, buildings and structures, areas of the area occupied by wanted persons or if these types of property belong to these persons.
In the course of carrying out and fulfilling their official duties by the bailiff, they can seek help from employees of internal affairs bodies, migration registration bodies, federal security service bodies, bodies that have the authority to protect the population and territories from emergency situations, as well as other government bodies and local government bodies, as well as to military personnel of internal troops.
Also perform any actions to which the Federal Law on Enforcement Proceedings gives him the right;

As you can see, the FSSP employees have a fairly wide range of powers and all of the above actions committed by a bailiff will be absolutely legal, but if you understand that the bailiff is not acting on the basis of the law, then be sure to write a complaint about his actions to a higher official, you also have the right to complain to the prosecutor's office or file an application for illegal actions of an official in court. Be sure to use the information obtained from the article and know your rights, and I wish you good luck!

Statistical data

According to statistics, only 20% of debtors themselves repay the debt within a month after the court decision. 30% do this thanks to bailiffs. And 50% categorically refuse the obligations assigned to them.

Most debtors do not comply with court decisions voluntarily. Therefore, in legal practice, one of the lengthy stages of the end of a trial is enforcement of a court order.

Legal regulation of collection processes occurs on the basis of Federal Laws No. 118 and No. 229. The powers of bailiffs to collect debts, as a mechanism influencing the debtor, are built on the basis of these legislative acts.

The bailiff has the right to: seize property, securities, money, seize the listed property; review financial documents; organize a search for debtors and a search for property. After the decision comes into force, the court undertakes to issue a writ of execution to the plaintiff or, at his request, send the document to the bailiff for execution. The bailiff service will accept a writ of execution and file an application for collection.

Stages of debt collection by bailiffs

The main stages of the procedure for debt collection by bailiffs and the process of compulsory execution of a judicial act, as well as other authorized bodies, should be outlined.

The video discusses the details of the work of bailiffs

Possible difficulties in debt collection

In cases where a debtor is hiding from paying a debt, the bailiff has the right to put the citizen on the wanted list, as well as to involve the Ministry of Internal Affairs and the tax office. The search for the debtor is carried out thoroughly, starting from the place of residence and addresses of relatives, and ending with the workplace. Representatives of the FSSP are authorized to conduct searches from 6 a.m. to 10 p.m. If the debtor is absent from his place of residence, the bailiff undertakes to send the citizen’s property for storage.

Bailiffs have the right to seize any property that is not “vitally necessary” or “a means of earning money.” It is also impossible to seize an apartment if it is the only home of the debtor and his family, with the exception of collecting mortgage debt. The seized property is recorded in the inventory report and signed by attesting witnesses.

If the bailiffs cannot collect the debt within three years, they will be forced to close the enforcement case and notify the plaintiff that it is impossible to collect the debt. But debt obligations do not have a statute of limitations, so the plaintiff has the right to go to court to extend the writ of execution and re-transmit the case to the bailiffs.

Complaint against the action or inaction of a bailiff

The legislation of the Russian Federation provides two ways to challenge the action or inaction of a bailiff to collect a debt. The first is to file a complaint with the head of the bailiff, that is, in the order of subordination (in accordance with Article 123 of the Federal Law “On Enforcement Proceedings”). The second method also comes down to filing a complaint, but against the orders of the bailiff, and to an arbitration court or a court of general jurisdiction, depending on where the official performs his duties. It is possible to appeal the actions of the bailiff, such as issuing decisions that violate the rights of citizens. Also, the inaction of the bailiff is subject to appeal if he does not take actions prescribed by law.

A complaint against a bailiff about his action or inaction is filed within ten days after the fact of violation is established. If the debtor is not informed about what time the bailiff will carry out certain actions, then the citizen has the right to appeal these actions no later than ten days from the date of their completion. In this case, proof becomes a mail notification with the date of receipt of the letter.

Based on Article 199 of the Arbitration Procedure Code of the Russian Federation, an application to the arbitration court to challenge the action or inaction of a bailiff must reflect the following points:

Full name of the citizen or name of the organization submitting the application, place of residence or location of the organization;
Full name of the official in respect of whom the application is being made;
Grounds for appealing the decision of the person of the bailiff service, a description of what his actions or inactions consist of;
Requirements of the organization or citizen who filed the complaint;
Attached documents.

The following must be attached to the application: a receipt for payment of the state fee; a copy of the Certificate of Impossibility of Execution; a copy of the resolution on the completion of enforcement proceedings; a copy of the court decision on the case; a copy of the writ of execution.
As a result, the court will either satisfy the stated requirements or refuse. If the court approves the complaint, the defendant will be charged the cost of paying the state fee, and enforcement proceedings will resume.

Learn more about the federal law on debt collection activities at the link

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