How to write an application to bailiffs for debt repayment

A sample letter to bailiffs when dismissing an alimony worker, attached to our website, is one example of a legally competent document. In general, the organization should treat employees who pay alimony with special attention.

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In order to legally formalize the dismissal (and not subsequently be subject to administrative liability in the form of a fine for a number of violations of the labor or family code), it is necessary, immediately after the actual dismissal and settlement of the employee, to report this fact to the bailiffs who are collecting alimony. A letter is also usually sent to notify the child support recipient. This is the Family Code.

It should be noted that in addition to the manager, the company’s accountant should be directly involved in these processes. It is the latter who is responsible for the correct calculation of the due amount. And he signs a letter to the bailiffs when dismissing the alimony worker, since he must be aware of the main points: what payments were made and when, whether there is any debt and why, etc.

Obligation to return the writ of execution

In addition to return due to the fulfillment of an obligation (full repayment of the debt), it is provided for in Art. 46 Federal Law No. 229 in several more cases:

• at the request of the claimant;
• if it is impossible to fulfill the requirement of the writ of execution;
• if the location of the debtor has not been established;
• in the absence of property on which foreclosure can be imposed;
• if the claimant refuses to accept the property to pay off the debt;
• if the claimant opposes the bailiff;
• in case of deportation of a debtor – a citizen of a foreign state – from the Russian Federation.

The return does not prevent the same document from being re-applied for collection in cases where the circumstances preventing the execution cease, but the statute of limitations has not expired (3 years).

Hotline for citizen consultations: 8-804-333-70-30

Complaint about the inaction of the bailiff

Enforcement proceedings are always the result of a conflict between the debtor and the claimant, which could not be resolved pre-trial. Therefore, it is natural that the work of bailiffs causes many complaints: usually, in the opinion of the claimant, the bailiff works too slowly or does not act at all, and in the opinion of the debtor, on the contrary, too quickly and not always legally.

The following may be subject to appeal: a bailiff's decision to initiate proceedings, forced collection of debts before the expiration of their voluntary repayment, collection of an enforcement fee, refusal to familiarize themselves with materials and other actions that violate the legal rights of citizens. But the most common complaints against bailiffs are related to their illegal, in the opinion of the debtor, actions to arrest and confiscate property (money), or, on the contrary, complaints about the inaction of bailiffs, about the unreasonable delay in enforcement proceedings.

When can a seizure be removed from a card?

You can apply directly to the FSSP if the bailiff illegally seized your card. The list of payments that bailiffs do not have the right to touch is presented in Art. 101 No. 229-FZ.

These include the following listings:

• compensation paid to compensate for damage caused. Partly - for moral damage;
• compensation related to the loss of a breadwinner;
• compensation to persons who were injured in the performance of official duties, as well as paid to family members;
• compensation paid to victims of a man-made disaster or radiation emissions;
• alimony;
• compensation for travel or transportation of medicines;
• compensation for people who care for sick relatives or wards;
• compensation for business trips, for wear and tear of tools, for transfer to another location;
• transfers that come from the place of work and are associated, for example, with the birth of children, with the loss of loved ones, with the registration of marriage;
• insurance payments related to compulsory social insurance;
• pensions and other benefits related to the loss of a breadwinner;
• child benefits;
• maternal capital;
• material assistance;
• compensation related to humanitarian assistance, terrorist acts, and various disasters;
• compensation for travel vouchers, including for children;
• travel compensation. For example, for travel to rehabilitation for a person with a disability;
• compensation for funeral expenses;
• compensation that is paid to people in connection with the loss of property in an emergency;
• one-time payments for children;
• compensation for combatants.

If the FSSP mistakenly seized funds that belong to one of the above categories, you must write an application to lift the seizure.

The main ways to submit applications to the FSSP

Submitting an application to the FSSP can be done in one of the following ways:

1. Personal visit to a bailiff service establishment.
2. Using an online service.
3. Phone call.
4. Using the Internet reception.

Personally

To submit an application to the FSSP through a personal visit to a government agency, you first need to make an appointment. To do this, you can call the FSSP unit that you plan to visit and book a date and time for your appointment. You can also come to the institution, approach the informant and take an appointment ticket. An alternative option is to use a special terminal that issues coupons.

Through the Internet reception

To submit an electronic appeal to bailiffs via the Internet reception, use the following algorithm:

1. Go to the official website of the bailiffs.
2. Go to the “Appeals” section.
3. Selecting the “Internet reception” item.
4. Pressing the “Acquainted” button.
5. Filling out the form. It includes the following lines:

• FULL NAME;
• region of residence;
• locality;
• registration address;
• e-mail;
• phone number;
• type of appeal (complaint, proposal, petition, gratitude);
• name of the FSSP institution to which the application is submitted;
• Full name of the bailiff to whom the appeal is addressed (optional);
• text.

You will also need to indicate the subject of the letter. The following options are available:

• on the ban on travel outside the borders of Russia;
• about the unlawful execution of court decisions that are related to the seizure of the debtor’s property;
• information about the criminal act being prepared;
• a case of corruption;
• misconduct of bailiffs;
• gratitude to the employees of the bailiff service;
• legal assistance and explanation of legislative acts that relate to the execution of court decisions;
• other general issues that require detailed consideration of the text of the letter;
• a request for information in the form of an open data set.

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You can attach files to the text, for example, scanned documents.

• Acceptance of the terms of use of the Internet reception.
• Entering captcha.
• Click on the “Submit Appeal” button.

Send an appeal to the bailiffs via the online reception Before sending a letter, you should familiarize yourself with the procedure for receiving and considering appeals:

1. Appeals submitted through the Internet reception are registered within three days after receipt by the FSSP.
2. If the main topic of the letter is not related to the work of the FSSP, it is forwarded to the body authorized to resolve relevant issues within seven days after registration.
3. Appeals against court decisions are sent back to the citizen within seven days, and FSSP employees supplement them with explanations of how the court decision can be appealed.
4. If a letter contains insults, obscenities, or threats, FSSP employees do not consider it.

Each method of sending a letter to the FSSP or making an appointment has its own pros and cons:

1. Personal visit . A citizen needs to spend his time registering with the FSSP institution and visiting it. However, this method of submitting an appeal does not require the use of additional technical means.
2. Government services portal . One of the advantages of this method is the convenience of receiving services. The disadvantage is the small number of available services related to the FSSP.
3. Phone call . This is a rather unreliable method, since it is difficult to reach the FSSP.
4. Fax . The method is suitable for legal entities, since ordinary citizens are unlikely to have a fax machine in their apartment.
5. Postal Service . When using this method, you need to add to the deadline for reviewing the letter the time it takes for it to reach the FSSP.
6. Internet reception . The best of the listed options, since the letter is sent instantly. The downside is the need to have a computer/phone with an Internet connection. Today, this drawback can be ignored, since almost everyone has a PC or laptop.

Remember! To achieve repayment of debt from a “problem” debtor, it is possible only with the help of bailiffs. It is far from a fact that after the trial the debtor will immediately begin to repay the debt. In this case, you need to contact the FSSP.

By phone, fax and mail

You can write an appeal to the FSSP or find out the appointment schedule by calling 8-800-250-3932. There is no need to pay for the call, as this is a 24-hour hotline. You can also use a fax. The fax number to which requests should be sent is 8-495-870-69-99.

Address for sending appeals via the postal service: 107996, Moscow, Kuznetsky Most street, building 16/5, building 1. In addition, appeals can be sent to the address: 107996, Moscow, Gazetny Lane, building 7, building 1.

How to apply online

The unified portal “State Services” is an online resource that was created to provide citizens with reference and information information about certain government services. It is also possible on the site to submit an application for various documents, complaints, etc. The resource allows the public to receive a response to a request online. Sometimes the service is called “electronic government”.

Filing a complaint against a bailiff through Gosuslugi is carried out in accordance with the current regulations for pre-trial appeal of public services. This action is not difficult to perform. The algorithm of actions is as follows:

1. Log in to the portal using your username and password.
2. Go to the “Pre-trial appeal” section.
3. Select the service or document that the user wanted to receive.
4. Indicate the date of receipt of the service and the institution where the user applied, and also find it on the map.
5. Indicate the reason for submitting the application and provide explanations (if necessary). You can also attach explanatory materials: photographs, video and audio recordings, etc.
6. State your requirements, that is, explain what the user wants to get in the end.
7. Check all entered data for correctness, indicate the desired method of receiving a response and click on the “Submit” button.

An electronic complaint will be considered within 15 working days from the date of its submission. After this, the citizen will be sent a response letter.

It is important to know: Internet services do not allow the user to challenge the actions of the bailiff, since in this case the procedure for personal appeal and signature in the FSSP is not followed.

Step-by-step instructions on how to write a letter to bailiffs through State Services

The timing of provision depends primarily on what kind of service is provided. The time frame for receiving electronic services is much faster than through registration with an authorized body. In order to submit any application or complaint to bailiffs through the portal, you need to follow a few simple steps.

Step 1. First, a citizen must log in to the system. To do this, you need to go to your personal account from the main page of the site.

After this, a window will open where you will need to indicate your mobile phone number or SNILS number. If a citizen is not registered in the system, then it is necessary to confirm entry using a one-time code that will be sent to the specified mobile phone.

Step 2. In order to simplify the procedure, it is recommended to use the search bar. To search, you need to enter the phrase “Bailiffs”. In the search results, select the “Services” section. This category will list all possible services provided in the citizen’s region.

Step 3. The service catalog contains many options for users. From the list presented, you must select the reason for which the citizen planned to contact the bailiffs.

If the required item is missing, you can try to find it through the search bar. If this does not bring the desired result, then it means that the requested service is not available in this subject.

Step 4. After the required service is selected, you need to click on the “Get service” button.

Step 5. Further actions depend on the reason for which the citizen applies to the bailiffs. If regarding debt issues, then the debt can be found either by personal data or by receipt number. Each service is provided with its own form, the fields of which are labeled in detail, what exactly needs to be indicated.

If a citizen turns to the bailiffs, then in this case you can write a letter either on the official website or through the e-mail of the bailiffs in the region. The State Services portal does not provide a form for writing a letter.

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Complaint through the official website of the FSSP

To submit an application to the FSSP online reception, it is not necessary to register on the department’s website; it is enough to fill out the electronic application form. On the official website of the FSSP, scroll down the page a little and enter the online reception to fill out an electronic application.

The submitted complaint form should include the following information:

• Full name, place of registration;
• type and topic of appeal;
• structural unit of the service at the location of the conflict;
• Full name of the addressee - an official in the order of subordination;
• The essence of the problem is to briefly list the facts indicating the unauthorized actions of the bailiff and describe your requirements.

Important! You can attach files up to 5 MB to your application. If you need to attach larger files, you should leave the complaint in person at the FSSP department.

Notice deadlines

As for the terms of dispatch, they vary depending on the nature of the debtor’s obligations. Thus, Law No. 229-FZ does not establish a specific deadline for sending a notification, indicating only that it is necessary to inform the bailiffs of the relevant information and return the writ of execution immediately (Part 4 of Article 98 of the Law of October 2, 2007 No. 229-FZ).

If the debtor paid alimony, then the procedure for sending a notice of dismissal to the bailiffs and the collector is defined in the Family Code of the Russian Federation and is three days (Part 1 of Article 111 of the RF IC). However, this article does not indicate the deadline for returning the writ of execution.

Thus, in order to avoid any contradictions, it is recommended to send notice of dismissal and a writ of execution on the day of termination of the employment contract or the next day after dismissal.

Conclusion

When deciding how to send documents to the FSSP, it makes sense to consider a special service available to users of the State Services portal. It is convenient, guarantees delivery to the recipient and requires a minimum of time and effort on the part of the applicant. An important additional advantage is the provision of all the necessary forms without the need to search for them. A bonus is prompt notification of the results of consideration of the submitted application or petition. Do not forget about such an advantage as the option of obtaining information on any enforcement proceedings initiated against the user.

Responsibility

For failure to comply with the requirements of the bailiff or the loss of the writ of execution and its untimely return, Article 17.14 of the Code of the Russian Federation on Administrative Offenses provides for the following sanctions:

• for citizens: a fine of 2000 to 2500 rubles;
• for officials: a fine in the amount of 15,000 to 20,000 rubles;
• for legal entities: fine from 50,000 to 100,000 rubles.

Moreover, bailiffs have the right to monitor and verify the correctness of payments, as well as analyze accounting documentation.

Sample notice of dismissal

What to do if the arrest has not yet been lifted?

There are only two options left:

1. Wait for withdrawal.
2. Open an additional account.

You can contact the bank and ask to open a separate account and a separate card. Next, the details can be used to provide them to the necessary authorities. For example, if you receive alimony, you can contact the bailiff or the payer directly and ask to transfer the money to another card.

Why is this necessary? The fact is that the arrest will not be lifted in a couple of hours. And in a couple of days too. Such bureaucratic procedures take time.

That is, the money will be transferred to the seized card, automatically frozen or collected in favor of the creditor, although such actions will subsequently be declared illegal.

How is an application to cancel a card seizure processed?

The bailiff reviews the application within 10 days and must make a definite decision. It is sent to the bank. If you are denied unlocking, you can complain to a higher-ranking bailiff or go directly to court.

An application for consideration by the court must be submitted within 10 days from the date of the decision. In the document, in addition to the basic data, we indicate:

• about the fact of the appeal, if you appealed to a higher bailiff;
• petition if you missed the appeal deadline for valid reasons.

In this case, you will not have to pay state duty. The court also considers the application within 10 days.

Procedure for drawing up an application

You can find out where to submit the writ of execution on the official Internet resource of the Bailiff Service - fssprus.ru. The filing of an application addressed to the FSSP bailiff is carried out in accordance with the established procedure.

The “header” (upper corner of the sheet on the right) contains the following information:

• Information about the addressee (full name, position).
• Information about the applicant (full name, place of residence, contact details).

The descriptive part must indicate the essence of the statement. As a sample, you can consider an application to bailiffs for the collection of alimony. Then the text should indicate:

1. Information about the court decision issued.
2. Information about the child (children) for whose support funds are being collected.
3. Account details for transferring financial assistance.

The final stage is a list of attached documents (original court decision, account details, etc.), date and signature of the applicant.

To ensure that the application to the bailiff service is written correctly, it is better to use the established form. The document will be accepted and recorded in the appropriate journal on the same day. Sample application to bailiffs: