One of the administrative measures for collecting alimony debt is seizure of property. In this case, the debtor is prohibited from using the seized property or it is confiscated. The bailiff may begin to seize property on his own initiative or at the request of the alimony recipient.
Seizure of property is regulated by several pieces of legislation. Their volume is large, and the interpretation of some rules can be difficult. In this regard, it makes sense for both the payer and the recipient of alimony to seek advice from a family law lawyer when property is seized.
What property is subject to seizure for alimony?
A bailiff can seize almost all of the property of a willful defaulter. Usually the largest and most valuable property is seized:
- money in bank accounts above the subsistence level of the alimony worker and his dependents;
- luxury items , primarily jewelry, furs, paintings, expensive utensils;
- household items , unless they are intended for individual use and are not vital;
- car , with some exceptions;
- apartment , if it is not the only one suitable for housing, but, for example, rented out.
A detailed list of property that cannot be seized is listed in Article 446 of the Code of Civil Procedure. In practice, bailiffs often carry out an arrest without delving into the ownership and purpose of the items and confiscate everything, which can become a basis for appealing their actions.
Signs of malicious evasion
Not every debtor can be prosecuted. A debt to pay financial support can arise regardless of the citizen’s intentions. Various life situations cannot be excluded in which a person is unable to repay the debt (dismissal, long-term hospital treatment).
Even if a court case is initiated for prosecution, in the absence of intent, a person will be able to prove his innocence and avoid criminal liability. To do this, you must provide documents confirming the reasons for the lack of income.
Facts confirming malicious evasion:
- concealment of salary, other income and valuable property;
- change of permanent and temporary registration;
- reluctance to look for permanent employment;
- long period of evasion of obligations (from 4 months);
- formation of large amounts of debt.
Concealment of wages and other types of income
The most popular type of collection of funds for the needs of disabled relatives is a percentage ratio. For example, for one child, a person pays 25% of the salary and all other income provided by law.
A citizen is obliged to inform the bailiff about all income and valuable property that belongs to him by right of ownership. For its part, the contractor is obliged to make inquiries to banking organizations about the availability of accounts and deposits, to Rosreestr, about the availability of real estate and land plots. It is possible to request information from other organizations to identify property that the payer has not reported.
Actions aimed at concealing information about income received (gray or black salary, unofficial employment), transferring property to third parties (to parents, so as not to pay funds for the child) are qualified as evasion of payments. Performed repeatedly or in conjunction with other measures to illegally reduce or refuse to make payments are signs of maliciousness.
Change of debtor registration
Changing the registration and hiding this fact from the bailiff is a violation on the part of the payer. If the ex-husband is hiding and does not make timely payments, then the bailiff is obliged to put him on the wanted list.
Actions aimed at complicating the work of the SSP recognize evasion of payment of financial support for relatives as malicious.
Refusal of employment
Reluctance to find a job is understood as a regular change of jobs for any reason (dismissal at the initiative of the employer or alimony provider). In the absence of official employment, the payer is required to register with the Employment Center in order to select a suitable vacancy.
Refusal to look for work or frequent changes of jobs is classified as malicious evasion of supporting family members.
Evasion period and amount of debt
If you refuse to pay financial support for your relatives for a long time, a large debt is formed. If a child support worker has a debt, the law allows 70% of his income to be withheld to pay it off.
A citizen’s refusal to deposit funds for 4 or more months is grounds for bringing the person to justice. The size of the debt does not matter.
In what cases is property seized?
Seizure of property in accordance with Article 80 of Federal Law No. 229-FZ can be used as an administrative measure for debts of over 3,000 rubles. At the same time, the collection of alimony takes place according to executive documents: court orders, writs of execution, notarial agreements . Seizure is permissible only if the defaulter himself is to blame for the debt.
It is necessary to take into account one more circumstance prescribed by law - bailiffs can seize property even during the period given to the debtor for voluntary payment of alimony arrears.
You can return the property by redeeming it for an adequate amount from the bailiff service. And also if you pay off alimony debt. If there are violations in the actions of the bailiffs, the defaulter can file a complaint with the court. If the appeal is successful, the arrest is lifted.
Deadline for issuing the resolution
After receiving an application for debt settlement, the FSSP employee is obliged to make a decision within ten days . The document will come into force in another 10 days. While the issuance period has not expired, the bailiff can make changes to it.
This may apply in cases where, after the adoption of the resolution, the debtor is announced and informs about unaccounted changes. For example, the calculation was carried out in relation to the average salary in the region, since the location of the payer and his labor income were not established.
But before the document comes into force, the debtor appears and presents a work record book with a record of being hired and a certificate of income. The bailiff makes changes to the resolution and calculates the amount due for payment based on the income of the payer.
How does the property seizure procedure work?
According to Article 50 of Federal Law No. 229-FZ, if the debt is more than 3,000 rubles, the alimony claimant can apply to the bailiff service with a request for seizure.
The application must indicate information about the enforcement proceedings, its parties and the amount of debt. The law does not prohibit contacting bailiffs orally, but it is still better to draw up a document on paper and ask to put a mark of receipt on it.
After considering the application, the bailiff makes inquiries regarding the debtor’s property to banks, registration, tax and pension authorities, and the traffic police. Only after receiving official responses to all requests, the bailiff issues an order to seize property or bank account.
When registering a seizure of property, depending on the properties and significance of the seized property, the bailiff chooses one of 3 conditions:
- complete confiscation for safekeeping or sale;
- prohibition of use;
- possibility of limited disposal.
The choice of the second and third conditions is made to motivate the defaulter to quickly find money for alimony. If the proceeds from the sold property are greater than the amount of the debt, the difference will be returned to the defaulter.
During the arrest, the bailiff draws up a report. If during the procedure the debtor has any comments, they should be recorded in this document. During the seizure of property, the presence of the defaulter , as well as two people as witnesses, is required. alimony claimant also has the right to be there Copies of the act are given to both parties to the enforcement process - the recipient and the debtor.
If property shared with someone or property belonging to third parties is confiscated, this will be a procedural violation. Such errors can make the entire procedure for seizing property invalid if the alimony payer subsequently files a complaint with the court.
An application to lift the seizure of property in case of violations during the procedure can be submitted by the defaulter himself or by third parties if their things were illegally seized.
Instead of these defendants, their representatives can go to court, but in the case of administrative claims, these must be persons with higher legal education.
Responsibility for non-payment of alimony in 2019
Authorities introduce new child support laws every year, so parents need to stay up to date with the latest information.
In 2021, liability for non-payment of alimony can be of three types:
- criminal;
- administrative;
- civil.
Civil liability consists of paying a penalty (penalty) for late payments in the amount of 0.1% of the debt amount for each day of non-payment.
The decision to apply administrative liability is made by FSSP employees. They can seize property, restrict the right to travel outside the Russian Federation, the right to use a driver’s license, and also deprive of parental rights.
Article 157 of the Criminal Code of the Russian Federation states that malicious evasion of alimony payment is a crime that may entail the following penalties:
- correctional labor (up to 1 year);
- forced labor (up to 1 year);
- arrest (up to 3 months);
- imprisonment (up to 1 year).
What do they do with seized property?
The main purpose of seizing property is to recover the debt. That is, to ensure the interests of the alimony collector who turned to the bailiffs with a writ of execution. If the account is seized or the seized property is sold, then the money is transferred to the recipient. A special organization, the Federal Property Management Agency, sells property after arrest . Usually the sale is at significantly reduced prices.
Bailiffs may offer the recipient property in exchange for money. The bailiffs must make such a proposal for compensation in writing, and the claimant must agree to this replacement.
If the debtor does not redeem his property on time, he loses it, but the debt is fully or partially repaid. Selling an apartment to pay off alimony debts is very unprofitable for the defaulter. Real estate is sold at very low prices. Usually it is bought by realtors. The balance after payment of the debt is returned to the defaulter.
If the value of the seized property is not controversial and is below 30,000 rubles, then the debtor has the right to sell it himself. But he must draw up a purchase and sale agreement and, after receiving the money, transfer it to the bailiff as alimony.
Sources:
Code of Civil Procedure of the Russian Federation Article 446. Property that cannot be foreclosed on under enforcement documents
Federal Law of October 2, 2007 N 229-FZ (as amended on March 6, 2019) “On Enforcement Proceedings.” Article 50. Rights and obligations of the parties to enforcement proceedings
Federal Law of October 2, 2007 N 229-FZ (as amended on March 6, 2019) “On Enforcement Proceedings.” Article 80. Seizure of the debtor’s property
Federal Law of October 2, 2007 N 229-FZ (as amended on March 6, 2019) “On Enforcement Proceedings.” Article 87. Sale of the debtor’s property
Malicious evasion of financial support
Ideally, financial support for loved ones should be provided voluntarily. In fact, disabled citizens and their legal representatives often have to go to court.
A narrow circle of close and nominal relatives has the right to demand financial support. It includes:
- parents;
- grandparents;
- children and grandchildren;
- spouses before and after divorce;
- sisters/brothers;
- stepmother/stepfather;
- educators.
The rules of law contain measures to increase the amount of payments. They are withheld from the vast majority of income. The exception is funds for travel expenses, financial assistance for a wedding, birth or death, and survivors' pensions.
The legislator uses a number of methods to increase the level of alimony, which is collected from payers. Liability for persons who do not wish to transfer financial support is provided for in the civil, administrative and criminal codes.
The penalties for defaulters are varied. From penalties to actual deprivation of liberty. The severity of the punishment depends on the level of guilt of the alimony provider. Persons who maliciously evade their duties are subject to maximum punishment.
