Indexation of sums of money collected by the court, provided for in Art. 208 Code of Civil Procedure of the Russian Federation.

Indexation of monetary amounts is possible. Civil proceedings occupy a leading position in the list of all claims filed in court. If one of the parties has an obligation to pay a certain amount of funds, this condition must be met.

In cases where the fulfillment of the obligation to return the award has been delayed, you can apply the procedure of indexing the court decision with the help of our civil lawyer. We will draw up a corresponding statement with the help of which the awarded amount will be subject to upward revision.

The procedure for indexing a court decision

In order to index the amount of money collected in your favor by a court decision, you must apply to the court for indexation of the awarded amounts on the basis of Art. 208 Code of Civil Procedure of the Russian Federation or Art. 183 Arbitration Procedure Code of the Russian Federation. At the same time, according to the Arbitration Procedure Code of the Russian Federation, indexation can be carried out only when such a possibility is provided for by law or contract.

1. It is necessary to contact the same court that made the decision to recover funds.
2. The amounts awarded by the court are indexed on the day when the court decision is executed. BUT! indexation can be carried out before the execution of the decision, but not for the future, and therefore in such a situation the claimant will have to apply to the court several times for indexation.
3. After the application is received by the court, the judge appoints a separate court hearing for its consideration, and notifies the persons participating in the case.
4. At the court hearing, the issue of indexation of awarded sums of money is considered, all the circumstances and the existence of grounds are established. If there are grounds for indexation, the court issues an appropriate judicial act - a ruling.

Indexation of sums of money collected by the court, provided for in Art. 208 Code of Civil Procedure of the Russian Federation.

The need for indexation is due to the fact that the debtor, who obliged to pay 10 rubles ten years ago, must pay exactly this amount at the present moment, despite the fact that as a result of inflation, monetary reforms, devaluation and default, the purchasing power of this amount has decreased by an order of magnitude. Without indexing the funds collected by the court, the violated right in such cases cannot be restored.

The law establishes a simplified procedural mechanism for indexing amounts of money awarded by a court decision and not paid on time. This procedure is provided for by both the Arbitration Procedure Code of the Russian Federation and the Code of Civil Procedure of the Russian Federation. But if the norm of the Arbitration Procedure Code of the Russian Federation (Article 183) provides for the possibility of indexation of sums of money collected by a court decision only if such indexation is directly provided for by law or agreement, then Art. 208 of the Code of Civil Procedure of the Russian Federation provides for the possibility of indexing amounts of money that were not paid on time, regardless of the presence of any grounds.

Indexation can be used in cases where a court decision has already been made, has entered into force, but for some reason is not executed by the debtor, or is executed only after a long time. In this case, it is possible to recover the amount by which the purchasing power of the funds awarded earlier has decreased.

For our country, the problem of non-execution of court decisions and massive evasion of debtors from paying the funds collected from them is very relevant. At the same time, the threat of indexation may push negligent debtors to more quickly execute the court decision. Despite this, this mechanism is rarely used by citizens. At the same time, it is effective in civil proceedings, and therefore it is worth using it to protect your rights. Advantages of indexing as a way to protect rights Provisions of Art. 208 of the Civil Procedure Code of the Russian Federation are very laconic: “At the request of the claimant or debtor, the court that has considered the case may index the amounts of money collected by the court on the day of execution of the court decision,” however, its application in practice still causes difficulties for both the applicants themselves and the courts , and this is determined by several points. The legal nature of indexation differs from interest on the use of other people's funds, provided for in Art. 395 of the Civil Code of the Russian Federation. The difference between these methods of protecting rights is very significant.

First of all, demands for the collection of interest for the use of someone else's money are claims, and the indexation of the awarded money is carried out by the court that made the decision, at the request of the party. That is, when submitting an application for indexation there is no need to pay a state fee.

In addition, indexation is an independent way of protecting the rights of the claimant, not related to the presence or absence of guilt in the actions (inaction) of the debtor, in contrast to the collection of interest for the use of other people's funds, which is one of the types of liability of the debtor for improper fulfillment of an obligation. In connection with this, the indexation amount cannot be reduced by the court on the basis of the right granted to it by Art. 333 Civil Code of the Russian Federation. According to this rule, if the penalty payable is clearly disproportionate to the consequences of the violation of the obligation, the court has the right to reduce the penalty, and this right is often used by courts of general jurisdiction).

Moreover, the collection of indexation of awarded funds does not exclude the possibility of collecting interest for the use of other people's funds, as well as losses, or the use of other methods of protecting violated rights. Thus, the Moscow Regional Court (ruling dated January 12, 2012 in case No. 33-28253/2011) indicated that: “the existence of the right to apply to the court with a request for indexation of awarded amounts in accordance with Art. 208 of the Code of Civil Procedure of the Russian Federation does not deprive the plaintiff of the opportunity to go to court with a demand for the recovery of interest for the use of other people's funds in accordance with Art. 395 Code of Civil Procedure of the Russian Federation.”

It should be remembered that the requirement for indexation is subject to the limitation period, that is, you can only demand the amount of indexation calculated on the basis of indices for the last three years preceding the application to the court. Mistakes that courts make when resolving indexation applications The application of the indexation rule in courts of general jurisdiction raises many difficulties.

Courts often believe that Art. 208 of the Code of Civil Procedure of the Russian Federation provides for a procedure similar to the collection of interest for the use of other people’s funds, in connection with which the applicants’ application is denied, for example, on the basis that the debtor is not at fault for the delay. There are decisions in which the courts refused to satisfy the requirement for indexation, referring to the fact that the obligation was fulfilled by the debtor on the day of receipt of the writ of execution (decision of the Moscow City Court dated April 24, 2012 No. 33-10645), or even to the absence of collector of actions to collect debt (decision of the Moscow City Court dated September 8, 2011 in case No. 33-28422).

In judicial practice, difficulties arise in determining the moment from which indexation should take place. In the first years of the introduction of the Code of Civil Procedure of the Russian Federation, courts even refused indexation on the grounds that the court decision had not yet been executed at the time of filing an application for indexation. However, based on the meaning and purpose of Art. 203 of the Code of Civil Procedure of the Russian Federation, indexation of awarded amounts of money can be made before the execution of the court decision.

The indexation period must be calculated from the moment the court decision is made (see Determination of the Constitutional Court of the Russian Federation of March 20, 2008 N 244-O-P). However, when determining the moment of the beginning of the indexation period, courts sometimes determine the period of non-execution of a court decision, for example, only after the three-month period provided for in Article 242.2 of the Budget Code of the Russian Federation for the transfer of funds collected by a court decision. However, this reference is untenable, since this provision of budget legislation is of a preemptive nature, is aimed at protecting the interests of the claimant and does not relieve the debtor from the obligation to pay the awarded amounts of money, taking into account indexation for the entire period of non-execution of the court decision. Thus, indexation is possible from the moment the court decision is made.

In addition, there are difficulties in determining the moment of execution of a court decision, for example, when the collection was made during enforcement proceedings, and the collected funds had to first be transferred to the account of the bailiff service and only then to the recoverer.

Article 105 of the Federal Law “On Enforcement Proceedings” provides that the collected funds must be transferred to the recoverer within 5 banking days. The same provision establishing the deadline for the transfer of funds is contained in paragraph 9 of Order No. 11 of the Ministry of Justice of the Russian Federation, No. 15n of the Ministry of Finance of the Russian Federation dated January 25, 2008 “On approval of instructions on the procedure for accounting for funds received at the temporary disposal of structural divisions of territorial bodies of the Federal Bailiff Service." However, in practice, delays in the transfer of funds sometimes amount to several months, or even years. As a result, the claimant applies to the court for indexation calculated for the period of delay, which significantly exceeds the period of actual delay in the execution of the court decision.

The moment of fulfillment by the debtor of a monetary obligation during enforcement proceedings is the day of transfer of the disputed funds to the account of the bailiff service. This is confirmed by paragraph 8 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 13 and the Plenum of the Supreme Arbitration Court of the Russian Federation No. 14 of October 8, 1998 “On the practice of applying the provisions of the Civil Code of the Russian Federation on interest for the use of other people’s funds,” according to which, if the debtor deposited the money due from him to the account divisions of bailiffs, the monetary obligation is considered fulfilled, accordingly, it is up to this moment that indexation should be carried out.

Sometimes courts refuse to index the amounts collected under a previously issued court ruling on indexation, citing the fact that in this case double indexation allegedly occurs, which is not provided for by law. However, this position does not comply with the norms of the law, since after the indexation amount is collected, the defendant acquires a monetary obligation, failure to fulfill which also entails the possibility of indexation of this amount due to its depreciation (see, for example, Ruling of the Supreme Court of the Russian Federation of June 30, 2009 No. 74-G09-12).

There are also decisions in which the courts, in the indexation ruling, indicated as the indexation amount not the difference by which the amount of the principal debt should increase, but the amount of the principal debt with indexation, that is, they collected the amount of the principal debt again, which is a clear mistake, since from the moment the indexation amount is collected, the debtor has a new monetary obligation, to which all methods of protecting the rights of the claimant provided for by law are applied. There are no restrictions on the application of Art. in this case. 208 of the Code of Civil Procedure of the Russian Federation has not been established. Calculation of indexation The greatest difficulty arises with the calculation of indexation, namely, determining the inflation rate that should be used in this case.

For a long time, courts used the procedure established by Art. to calculate the indexation of awarded sums of money by analogy. 1091 of the Civil Code of the Russian Federation, that is, for cases of compensation for harm caused to life and health, - based on the projected level of inflation established by the legislator when adopting the law on the federal budget (see the ruling of the Tverskoy District Court of Moscow dated March 21, 2007). This procedure was even recommended for use by the Ministry of Finance (see Letter of the Ministry of Finance of the Russian Federation dated April 5, 2007 N 08-04-14/589).

Often, courts use the bank interest rate to calculate indexation, by analogy with the calculation of interest for the use of other people's funds (see, for example, the Determination of the Moscow City Court of Moscow dated September 16, 2011 in case No. 33-29501).

According to the explanations of the Supreme Court of the Russian Federation, indexation of awarded amounts of money in accordance with Art. 208 of the Code of Civil Procedure of the Russian Federation is a mechanism aimed at restoring the purchasing power of the collected sum of money, the decrease of which is associated with an increase in consumer prices; when considering applications for indexation of awarded sums of money, the courts carry out indexation according to the growth of the consumer price index (see, for example, the Supreme Court Rulings dated (25.12. 2008 N 35-o08-48, dated 03/18/2008 N 74-G08-11, dated 12/29/2009 N 8-G09-9, etc.).

Thus, the calculation of indexation should be made on the basis of consumer price indices determined for the region of residence of the claimant (based on Article 316 of the Civil Code of the Russian Federation). Resolution of the State Committee of the Russian Federation on Statistics dated March 25, 2002 No. 23 “On approval of the “Basic provisions on the procedure for monitoring consumer prices and tariffs for goods and paid services provided to the population, and determining the consumer price index” established the procedure for calculating the consumer price index, according to which the CPI is calculated at the federal and regional levels using a single methodology with a monthly frequency: the CPI is determined for the previous month, for the corresponding month of the previous year, for the beginning of the year, etc. Can a debtor demand a reduction in the amount collected if the consumer price index is positive? Consumer price indices can be either positive or negative. Should the amount collected be reduced in this case?

Interesting in this regard is the definition of indexation, which was contained in Article 1 of the RSFSR Law “On Indexation of Cash Income and Savings of Citizens in the RSFSR” (as amended by Decree of the President of the Russian Federation of December 24, 1993 No. 2288), which has now lost force, but other legislative acts do not currently contain a definition of indexing. In this law, indexation was understood as a mechanism established by the state to increase cash income and savings of citizens in connection with rising consumer prices.

It is this approach that was adopted by the judicial authorities, that is, indexation can only be made in the direction of increasing the amount recovered, otherwise it would violate the rights of the claimant, who has the right to benefit from the increase in the purchasing power of the funds awarded to him. Calculation formula In the city of Moscow, consumer price indices are calculated by the Territorial body of the Federal State Statistics Service for the city of Moscow (MOSGORSTAT, address: 101000 Moscow, Maroseyka St., 7/8 / 117003 M. Yushunskaya St., 1, bldg. 1) at the request of interested parties, including those sent by fax (tel. 319-86-76) to the department of price statistics and organization of surveys for international price comparisons. The author has information on consumer price indices in Moscow, determined as a percentage of the previous month, from September 2008 to June 2011, which we present below (see Table No. 1).

Table No. 1. Consumer price indices calculated by the Territorial Body of the Federal State Statistics Service for Moscow (as a percentage of the previous month)

To calculate the indexation of monetary amounts, it is necessary to use accumulated indices for entire months, starting from the month following the date of the court decision and ending with the month preceding the payment. Incomplete months, based on the customs of civil circulation, in this case should be recognized as complete. Indices for the month the court decision was made and the month when the decision was executed should not be taken into account in the calculation, since the CPI can only be determined for the previous month, that is, it is impossible to determine the inflationary change within one month. In addition, indices should not be taken into account if they are less than 100.0, since in this case there is a decrease in the indexed amount, not an increase, which does not correspond to the purposes of indexation.

We offer the following formula for calculating the indexation amount, which is convenient to use in Excel. It can be used both to calculate the indexation of the amount collected in one payment, and for cases in which the debt amount was paid in several payments over a period of time exceeding one month (for example, with a monthly frequency):

I=SDx(CPI1xCPI2xCPI3x...xCPI*)-SD

Where I is indexation, SD is the amount of debt, CPI1 is the CPI determined by the territorial body of state statistics for the month following the month of the court decision, as a percentage of the previous month, CPI2, etc., are subsequent CPIs in accordance with the number of months in during which there was a delay, except for CPI* CPI* - CPI for the month preceding the month of execution of the court decision.

If the court decision was executed by several payments made in different months, the calculation of indexation can be made using the specified formula for the total amount paid during each month and the amount of the remaining debt separately. The total sum of the results will be the indexation sum. A situation is possible when the applicant may apply for indexation not of the entire amount of the debt, but, for example, of the part that has already been paid to him. In this case, the calculation can be made using the same formula, only the amount of a specific payment made to pay off the debt should be taken as the SD (see table No. 2).

Table No. 2. An example of calculating indexation according to Art. 208 Code of Civil Procedure of the Russian Federation.

Addition to the article

Considering that the article on indexation was written back in 2012 and over the past time many questions have been asked about the methodology, as well as new judicial practice on such statements, we decided to prepare this addition to the article with a more detailed explanation of the procedure for calculating the indexation amount , as well as on some other issues.

Calculation procedure:

The moment from which the indexation calculation should be made: the day the judicial act is issued, which provides for the recovery of funds, and not the date it comes into force.

Taking into account Part 1 of Art. 199 of the Code of Civil Procedure of the Russian Federation, the moment of awarding sums of money is the day of the issuance of the judicial act by which these sums were recovered. Thus, indexation should be calculated from the moment the court decision is made, since in the period before the court decision enters into force, inflation processes also take place, and the procedural aspects associated with the entry into force of the court decision only serve as a guarantee of compliance with its legality, without affecting at the same time, on the rights of the parties to the dispute in respect of whom an act of justice was issued, confirming on the date of its adoption the existence of the corresponding right (see, for example, Determination of the Supreme Court of the Russian Federation dated January 20, 2015 N 81-KG14-15).

Consumer price indices: According to the explanations of the Supreme Court of the Russian Federation, indexation of awarded amounts of money in accordance with Art. 208 of the Code of Civil Procedure of the Russian Federation is carried out according to the increase in the consumer price index (hereinafter referred to as the CPI) determined for the region of residence of the claimant (Definitions of the Supreme Court dated December 25, 2008 N 35-о08-48, dated March 18, 2008 N 74-Г08-11, dated December 29, 2008 .2009 N 8-G09-9, etc.).

The procedure for calculating the consumer price index is established by Resolution of the State Committee of the Russian Federation on Statistics dated March 25, 2002 No. 23 “On approval of the “Basic provisions on the procedure for monitoring consumer prices and tariffs for goods and paid services provided to the population, and determining the consumer price index”, according to which the CPI characterizes the change over time in the general level of prices for goods and services purchased by the population for non-productive consumption. It measures the ratio of the cost of a fixed set of goods and services in prices of the current period to its cost in prices of the previous (base) period.

The period for which the CPI is taken into account when calculating indexation: The indices for the month the court decision was made and the month when the decision was executed should not be taken into account in the calculation, since the CPI can only be determined for the previous month, that is, it is impossible to determine the inflationary change within one month.

According to the above Resolution, the calculation of the CPI at the federal and regional levels is carried out at monthly intervals: the CPI is determined for the previous month, for the corresponding month of the previous year, for December of the previous year, etc.

Thus, due to the fact that the minimum period for calculating the CPI is a month, for indexation purposes such indices must be taken into account starting from the month following the date of the court decision and ending with the month preceding the payment of the debt under such a decision.

In addition, the calculation should not take into account the CPI if it is less than 100.0, since in this case there is a decrease in the indexed amount, not an increase, which does not correspond to the purposes of indexation.

Formula for calculating indexation:

I=SDx(CPI1/100) x (CPI2/100) x (CPI3/100) x...x (CPI*/100) - SD Where I is the indexation amount, SD is the amount of debt, CPI is the consumer price index. Division by 100 is necessary, since this allows you to convert the percentages in which the indices are calculated into units, CPI1 - the consumer price index, determined by the territorial body of state statistics for the month following the month of the court decision, as a percentage of the previous month, CPI2, etc. ., - subsequent consumer price indices in accordance with the number of months during which the delay was committed, up to the month preceding the month when the decision will be executed.

If the decision is not implemented for years, you can take the consumer price index accumulated over the year, also determined by statistical authorities.

Consistently multiplying the amount of debt by indices will give us the amount that the debtor must pay in the end. If you subtract from it the amount of debt specified in the decision, you get the indexation amount.

Consumer price index indicators for different regions can be found in the public domain on the website of the Federal State Statistics Service.

Limitation period: The law does not establish a limitation period for filing a claim for indexation, but please note that according to paragraph 1 of Art. 21 of the Federal Law of 02.10.2007 No. 229-FZ “On Enforcement Proceedings”, writs of execution issued on the basis of judicial acts, as a general rule, can be presented for execution within three years from the date of entry into force of the judicial act or the expiration of the period established when granting a deferment or installment plan for its execution.

In our opinion, the failure of the collector to take measures for forced collection of a court decision that has entered into force within three years from the date of its entry into force, and if the debtor has not paid this amount voluntarily, may result in a refusal of the court.

How to avoid debt indexation?

In order to avoid debt indexation, it is necessary to voluntarily and immediately comply with the court decision.

ATTENTION : according to the emerging judicial practice, in particular the Supreme Court of the Russian Federation, the indexation of awarded amounts is carried out from the moment when the amount is awarded by the court (when the decision is made) until the actual execution of the court decision, since the law does not establish minimum periods for which compensation can be calculated , provided for in Art. 208 Code of Civil Procedure of the Russian Federation. Thus, you should not wait for the court decision to enter into legal force, in the hope that the indexation will be carried out by the creditor from the moment the judicial act enters into force.

And of course, it will be possible to avoid debt indexation if the consumer price index is less than 100.0%, since in this case, when calculating indexation, the indexed amount will decrease.

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Formula for calculating indexation of awarded amounts of money

To calculate indexation, the following parameters are required:

• amount of debt (SZ);
• indexation period (PI) to determine the consumer price index (CPI);
• region and CPI in relation to the previous month (used in calculations of both the CPI of the Russian Federation and the CPI of a specific subject of the Russian Federation);
• indexation amount (SI)
• The formula will be like this:
• SI = SZ*(CPI1/100*CPI2/100 -1)

Or

SI = SZ * CPI1 * CPI2 - SZ

Dividing by 100 is necessary to get rid of percentages.

Example:

The amount of debt is 5,000 rubles, the decision was made on September 18, 2021, the debt was paid on January 24, 2019.

CPI in the Sverdlovsk region:

• CPI October 2021 by September 2021 – 100.45% (100.45%/100=1.0045)
• CPI November 2021 by October 2021 – 100.46% (100.46%/100=1.0046)
• CPI December 2021 by November 2021 – 101.0% (101.0%/100=1.01)
• CPI January 2021 by December 2021 - 101.0 (101.0%/100=1.01)
• CPI February 2021 by January 2021 – 100.6% (100.6%/100=1.006)

Calculation of the indexation amount:

177,90 = 5000*(1,0045*1,0046*1,01*1,01*1,006-1)

Or

177,90 = 5000*1,0045*1,0046*1,01*1,01*1,006 — 5000

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Failure to comply with a court decision - indexation of monetary amounts:

Not all participants in legal proceedings pay the obligations assigned to them. The courts must control these processes. In practice, court decisions are very often not implemented. Over time, one of the parties may resubmit the application, providing documents confirming that the debt has not been paid. In this case, the chances of receiving funds increase. The plaintiff can count on indexation of the awarded debt amounts taking into account the increased level of inflation over the past period. The amount of debt to the recipient of funds is constantly growing.

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Why do you need a lawyer in the procedure of indexation of awarded amounts?

To achieve a positive court decision, you need to seek help from lawyers in civil cases. Lawyers specializing in litigation know all the intricacies of domestic legislation. Using their knowledge, they can turn the litigation in their favor by representing the client's interests.

It is not uncommon for lawyers to propose additional actions aimed at speedy collection of awarded amounts from the debtor: actions within the framework of enforcement proceedings, as well as consideration of the issue of bringing the perpetrator to criminal liability for malicious evasion of payment of receivables.

Indexation is calculated by court decision after a full consideration of the previous case. Often the defendant does not appear at court proceedings when a second claim is filed against him. The following types of obligations can be recovered in this way:

• child support;
• material and moral damage caused as a result of failure to comply with the terms of the official contract;
• credit and borrowing obligations.

The list of types of financial responsibility is not limited to this. The above types of damages are the most common.

Depreciation of collection as a result of inflationary processes

A situation where a court decision is not executed in a timely manner puts creditors in an unfavorable situation. And one of these negative consequences for the party in whose favor the court has collected sums of money is the depreciation of these sums as a result of inflationary processes.

So, for example, in accordance with clause 2 of Article 317 of the Civil Code of the Russian Federation, when concluding a foreign economic transaction, the parties can provide for a so-called currency clause, according to which the cost of goods (work, services) is determined in foreign currency, but payment is made in rubles in the amount equivalent to a certain amount in foreign currency.

The court will make a decision based on the rate in effect at the time the claim was filed or at the time the decision was made. It depends on how the plaintiff comes forward. But from the moment the court decision is made until the enforcement proceedings are completed, the course may change significantly. And then what?

Qualified legal assistance

Take advantage of free assistance from an experienced lawyer using the link below.
Consultation is possible online or in our Moscow office. ASK AN EXPERT

Calculation of the payment amount taking into account indexation

How to calculate the indexation of awarded amounts of money? Indexation of monetary amounts of debt is carried out taking into account the consumer price index for the past period from the date of the court decision in the previous case. The entire amount of debt is indexed. The plaintiff in his application has the right to indicate the amount required from the defendant with justification for the calculation. It is important to prepare the application and calculations together with a lawyer so as not to forget to indicate and calculate everything in accordance with current legislation. The court's decision largely depends on this.

Any proceedings regarding the collection of funds take a lot of time and effort. The help of a lawyer specializing in such cases is necessary. You can find such a specialist in our Law Office. You should approach such processes responsibly if you want to win in court and receive the funds due to you.

Collection process

For any person – individual or legal – the collection of funds from the debtor consists of two stages. The first stage is to win the case in such a way that the amount is as large as possible. To do this, fines, penalties, interest, legal costs, moral damages, etc. are added to the principal debt. The second stage is the collection of the awarded amount from the debtor. Here, at first glance, there is no particular place for the claimant to show his activity. You give the writ of execution to the bailiff and then wait for the money to arrive in your account. However, there are often cases when the collection process is delayed. The defendant does not pay off debts voluntarily, hides assets, writes complaints about the actions of the bailiff, and sometimes the bailiffs are not in a hurry, which ultimately delays the moment you receive the desired amount. In this connection, the second stage may last for months and years.

The dream did not want to turn into reality

So, the consideration of the case in court ended with a decision according to which the defendant is obliged to pay a round sum of the debt. You, like a true winner, sit and wait for the debtor to come and bring you money. You wait a month, two, a year. But there is no money. Finally, after, for example, two years, you still manage to get your hard-earned money out of the debtor. It doesn’t matter how, but the debt was returned to you.

You go to the store, and your desire to buy a washing machine with this money is crushed by the sharp stones of inflation. A household appliance that cost 20,000 rubles a year ago now costs 25,000. You are angry and don’t know who should answer for this. You have bad dreams of lynching a debtor who deprived you of your cherished dream of owning a new washing machine.

Why is indexing needed?

Some debt obligations, such as payment of alimony or compensation for damage caused by a crime or injury to health, can be fulfilled over a long period of time, sometimes during the life of the claimant. It is clear that the amount of debt determined by the court, if it is not expressed as a percentage of the debtor’s income (as is practiced when assigning alimony: 25, 33, 50% of income), will depreciate over time. To prevent this from happening, the legislator has provided for the possibility of indexing the amount of debt - recalculating the amount and introducing an adjustment factor. Moreover, such a recalculation can be done more than once, but as the period allotted to the debtor for payment expires. If the period is calculated in months, quarterly or years - according to the correlation of the refinancing rate of the Central Bank of the Russian Federation, which is announced twice a year.

Some indexing features

The creditor should remember that indexation can only be carried out for the last three years.

If the amount of the debt has not been indexed for a longer period, the court will grant the petition only for the period of limitation - 3 years. Particular attention to this feature should be paid to recipients of alimony for whom many years of debt have accumulated. The debt amount will be collected in full, but only that part that falls on the last three years will be indexed.

In order not to bother yourself with complex calculations, you can use the indexation calculator, which can be found in the legal databases “Garant” or “Consultant”.

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

You can use this calculator to calculate debt by:

• alimony;
• taxes;
• loans;
• settlements with housing and communal services;
• other payments.