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Writ of execution for work. A writ of execution at the place of work, how much will be withheld for a loan debt A writ of execution for a loan has arrived

Most of all, these issues concern those who have overdue loans and legal proceedings on them.

The limitation period is a period determined by law to protect the rights of an organization or citizen whose rights have been violated. After this time, the interested person loses the opportunity to demand in court the protection of his rights or interests related to material recovery.

Which one is for bailiffs?

At first glance, everything is simple, however, you can get into trouble without knowing the basic truths of this issue. It must be said that it is precisely this concept that is associated with many “folk legends” that are not confirmed by current legislation.

If you have not received a writ of execution

Let's say that the debtor was ordered to pay the amount of bank debts or a credit card as a result of a court order, then he will be issued a writ of execution. There is also a statute of limitations for filing it. It must be served on the defendant no later than 3 years (according to the Federal Law “On Enforcement Proceedings”, Article 21, paragraph 3). If during these 3 years you have not received a writ of execution, and the statute of limitations has expired since the last court hearing, then you cannot be sued again, the reason is because the statute of limitations of the writ of execution has expired.

The only question is how to understand in which case the writ of execution will be considered received by the debtor. Like many other documents, a writ of execution can be served in person in court, or it can also be delivered by mail or courier to the official address (or the address you have named). If you live there and have not seen the letter, this will not be an excuse. The fact is that if the post office records the fact that the letter was sent, then the debtor will be considered to have received a writ of execution.

If you have been served with a writ of execution

If the debtor received a writ of execution with certain requirements and did not fulfill them within the time limits specified in it, then the writ is sent to the bailiffs and enforcement proceedings are initiated against this person. The law also provides for a statute of limitations for enforcement proceedings.

Free legal advice:

Federal Law “On Enforcement Proceedings” Art. 21, paragraph 6 states that the bailiffs have at their disposal a period of 6 months to execute this sheet. After this period, production returns back to the bank.

It is from this time that the statute of limitations on bank debt must be counted, which should reach three years. Only after this will the debts be considered as those that do not need to be repaid due to the statute of limitations. But you should always take into account that the limitation period is interrupted if one of the parties goes to court.

Bank phone call

Free legal advice:

If the borrower acknowledges his debt to the bank (Article 203 of the Civil Code of the Russian Federation).
If during this time the bank sues the borrower.
If the borrower visits the bank and signs any official document that is related to the loan agreement.
If the borrower pays even a tiny amount to the bank for a loan that is in arrears.

If a telephone conversation took place between a bank employee and the borrower without a recording or with a recording about which the borrower was not warned.
Even if the agreement is written down, the fact of recognition of the debt was not recorded. It is so difficult to prove that the conversation was with the borrower and not someone else.

The statute of limitations is relevant for both consumer loans and mortgage and car loans. But with secured loans, the situation is different, because if there is something to seize, the bank will not wait three years.

Number of crimes in Russia

Questions and answers

The limitation period is a period established by the court to protect the legal rights of a person in the event of their violation. This encourages subjects of civil relations to make the necessary demands to protect their legal rights within the time allotted by law.

Statute of limitations on a loan after a court decision

After the creditor's claims for collection of the loan debt, accrued interest, fines and penalties, as well as legal expenses are satisfied in court, the Federal Bailiff Service (FSPP) receives a writ of execution. According to it, the debtor will be forced to fulfill the obligation. But what is the statute of limitations on a loan after a court decision, during which the borrower must pay the debt?

Free legal advice:

Limitation period for a loan

Let us clarify that the limitation period for a loan agreement is generally 3 years, according to Art. 196 of the Civil Code of the Russian Federation. This is the period when the creditor has the right to legally recover the debt from an unscrupulous payer, either personally, or through third parties, or in court.

Note! The expiration of the statute of limitations on a loan is not an obstacle for the creditor to demand fulfillment of obligations from the debtor in accordance with Art. 199 of the Civil Code of the Russian Federation.

Important! If you yourself are dealing with your own case related to the statute of limitations on a loan after a court decision, then you should remember that:

All cases are unique and individual.
Understanding the basics of the law is useful, but does not guarantee results.
The possibility of a positive outcome depends on many factors.

The court will accept the application for debt collection even after the statute of limitations has passed; Moreover, it can make a decision on the case if the defendant has not submitted a request to end the statute of limitations. Such a court decision must be appealed by filing an appeal to the court of second instance with a request to recognize the statute of limitations as expired.

The creditor, however, has the opportunity to refuse to establish a limitation period on the following grounds:

interaction with the debtor for the out-of-court settlement of the loan debt using official letters (sent by registered mail with notification to confirm receipt by the debtor) or telephone conversations (with a record of recognition of the debt by the borrower and with his knowledge);
the creditor's filing of a claim with the court to collect the loan debt before the expiration of the statute of limitations.

The limitation period for a loan begins from the moment when one of the parties violated the terms of the concluded agreement; Often this is the borrower, and in this case the bank has the right to demand early repayment of the loan. If this period is not specified in the agreement, then it begins from the moment when the lender stated its demands for repayment of the loan debt in connection with the borrower’s violation of the terms of fulfillment of obligations.

Free legal advice:

Note! In accordance with Art. 330 of the Civil Code of the Russian Federation, the bank, in addition to the principal debt, has the right to demand the return of accrued interest and penalties; in this case, the statute of limitations for such additional payments will end simultaneously with the statute of limitations for the principal amount of the debt.

In the case where the loan agreement specifies the period of time when it must be executed, the limitation period is calculated based on the provisions of Part 2 of Art. 200 of the Civil Code of the Russian Federation, from the moment the contract expires. But it cannot exceed 10 years from the date the obligation arose.

In other cases, the debtor may assist the creditor and renew the statute of limitations:

repaying part of the loan debt;
voluntarily declaring that he is a debtor on the loan;
by signing a document related to the debt.

Therefore, in order to prevent the renewal or renewal of the statute of limitations, it is necessary not only to carefully study the loan agreement, but also to consult with a lawyer.

Statute of limitations for enforcement proceedings

After the court decision on the collection of loan debt comes into legal force, a writ of execution is sent to the FSSP, according to which enforcement proceedings are initiated in the case. The statute of limitations for presenting a writ of execution for collection is 3 years, by virtue of Art. 196 of the Civil Code of the Russian Federation and Art. 21 of the Federal Law “On Enforcement Proceedings” No. 229-FZ of October 2, 2007 (hereinafter referred to as Law No. 229-FZ), and begins from the moment the court decision enters into force. Its completion is the basis for termination of enforcement proceedings in the case.

Free legal advice:

If within 3 years the debtor has not received a writ of execution due to the negligence of civil servants or a bank that did not apply with a writ of execution to the bailiff service for collection, then based on the expiration of the statute of limitations of the writ of execution, the creditor will not have the right to sue the debtor, and The loan debt can be written off.

When the debtor received the writ of execution in his hands, then in accordance with paragraph 6 of Art. 21 of Law No. 229-FZ, the bailiff has the opportunity to collect the debt within 6 months. If collection under the writ of execution cannot be carried out, it is returned to the claimant. There may be several reasons for this. The debtor does not have:

official income;
property that can be foreclosed on;
bank account that can be seized;
permanent place of residence, due to which the search is impossible.

In this case, after the bailiff returns the writ of execution to the creditor, the 3-year period for presenting the writ of execution for collection begins again. Consequently, every time the creditor sends a writ of execution to the bailiffs, they are obliged to initiate enforcement proceedings in the case of debt collection on the loan. The statute of limitations for filing a writ of execution will end only if the creditor does not initiate the filing of a writ of execution within 3 years, and the loan debt will be written off on this basis.

Discuss the issue of the statute of limitations on a loan after a court decision with a lawyer

She graduated from Krasnodar State Agrarian University in 2006 with a specialization in “State and Law”, a qualified lawyer. More than 9 years of experience in the legal profession as a legal consultant in civil cases. Provides assistance in legal matters of a civil nature.

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Statute of limitations for enforcement proceedings

What is a statute of limitations? Does everyone understand it correctly, and most importantly, do they know those aspects of it that can dramatically change the course of things? Is this concept applicable to enforcement proceedings? Most of all, these issues concern those who have overdue loans and legal proceedings on them.

Free legal advice:

The purpose of this legal instrument is to encourage participants in civil legal relations to comply with the timeliness of filing claims and other actions to resolve disputes.

The limitation period for a writ of execution is considered to be 3 years from the last official contact of the parties to the dispute. It would seem that if you are not touched for 3 years on some matter, then the weight is off your shoulders.

Truth #1: The statute of limitations does not apply automatically.

The idea that the court itself initiates the limitation period for a dispute is false. It is applied only at the request of the party interested in this before the court’s decision. There are many lawsuits where the defendant could have exercised its right and declared in court that the statute of limitations for enforcement proceedings had expired, but did not do so and was responsible for the dispute.

In addition, if a person has fulfilled his obligations after the expiration of this period, then he can no longer demand the return of what was fulfilled.

Conclusion: you need to independently or with the help of a lawyer examine your case for the possibility of not being liable for your obligations.

Truth No. 2: The statute of limitations for bank debts exists!

The generally accepted statute of limitations for a writ of execution, prescribed in Article 196 of the Civil Code of the Russian Federation, is 3 years. According to the same law, the parties do not have the right to independently change this period in relation to any obligations. The limitation period is applicable for any type of claims and obligations, except those excluded in Article 208 of the Civil Code of the Russian Federation.

There are no loans on this list, which means that debt to banks also has this cherished term for the debtor. The job of collectors and other “beaters” is to convince a person that there is no statute of limitations for loans and that he will have to repay the debt with all kinds of fines almost for life.

Truth No. 3: The statute of limitations for enforcement proceedings

Here it is, a difficult question - the limitation period for a writ of execution and enforcement proceedings. Bailiffs may tell you that for enforcement proceedings such a concept does not exist. In general, they will tell you the truth (somewhat). But it is impossible to say unequivocally, without additional explanation.

Free legal advice:

Writs of execution have a statute of limitations of 3 years from the moment they were issued by the court. Let's consider two possible situations faced by those who are faced with enforcement proceedings.

Situation No. 1: You did not receive a writ of execution

The only question is how to understand in which case the writ of execution will be considered received by the debtor. Like many other documents, a writ of execution can be delivered in person in court, or it can also be delivered by mail or courier to the official address (or the address you have named). If you live there and have not seen the letter, this will not be an excuse. The fact is that if the post office records the fact that the letter was sent, then the debtor will be considered to have received a writ of execution.

It cannot be sent by any other method, such as email.

Situation No. 2: You were handed a writ of execution

Free legal advice:

The writ of execution is returned to the claimant if the recovery could not be carried out or it was only partially carried out. The reasons for this may be:

If the debtor does not have property and income that can be recovered as repayment of the debt.
If it was not possible to find a debtor who does not live at the addresses indicated in the documents and also does not visit the place of work.
If the claimant (for example, a bank) refuses to keep the property that was seized from the debtor.

So if the bank decides to start enforcement proceedings in the case again during these three years, this means that the statute of limitations has been interrupted. This circle can be continued as long as desired and the statute of limitations will not apply. However, in practice, banks do not begin enforcement proceedings on the same case more than 2 times. That is, theoretically, with the constant resumption of proceedings in the case, it will be indefinitely valid. In fact, a couple of enforcement proceedings and the debtor will be left behind.

Bank phone call - starting all over again?

The news that the statute of limitations on a credit debt is interrupted after a call from the bank can be told to you by a bank employee, a collector, or anyone else, but not a lawyer. A good lawyer will tell you that the statute of limitations has only expired if:

Free legal advice:

If the borrower acknowledges his debt to the bank (Article 203 of the Civil Code of the Russian Federation).
If during this time the bank sues the borrower.
If the borrower visits the bank and signs any official document that is related to the loan agreement.
If the borrower pays even a tiny amount to the bank for a loan that is in arrears.

So, kind bank employees can ask you to sign something minor or pay some balances under any pretext, and this will renew the statute of limitations, like any official communication between the parties to the contract.

What cannot affect the statute of limitations:

If the debtor receives a call or text message.
If a telephone conversation took place between a bank employee and the borrower without a recording or with a recording about which the borrower was not warned.
Even if the agreement is written down, the fact of recognition of the debt was not recorded. It is so difficult to prove that the conversation was with the borrower and not someone else.

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Statute of limitations on credit debt after trial: features and recommendations

During periods of socio-economic crises, the number of overdue loan obligations always increases. Enterprises are closing, wages are being cut, tariffs and prices are rising. These and other reasons can seriously derail people who were once steadily earning money. Credit organizations, as a rule, are of little interest in the problems of debtors. In case of violation of the loan agreement, banks can go to court. However, it is unlikely that employees of credit and collection organizations will say that there is such a thing as a statute of limitations on credit debt. Let's look at the main nuances.

Definition

The statute of limitations on credit debt is the time given to creditors to return their funds through legal methods. If he left, then no one has the right to compulsorily reclaim him. Divided into:

Limitation period (pre-trial collection).
Statute of limitations for credit debt after trial (collection in enforcement proceedings).

Let's look at each of the concepts in more detail.

Pre-trial collection period: concept

The statute of limitations for credit debt is the time when credit institutions have the right to sue to force the collection of debt. You need to know that only bailiffs, by court decision, have the right to describe property and block bank accounts. Sometimes some collectors take advantage of people's financial illiteracy and begin to illegally threaten with such actions. Some move from words to action. Let's say that such actions are criminally punishable.

3 years – statute of limitations for credit debt

The statute of limitations for credit debt is three years. This is stated in the law. However, there is an obvious flaw in the norm: it does not indicate from what time it should be counted. In addition, there is also the concept of interruption, when certain actions actually cancel the statute of limitations. This gave rise to various manipulations not only in words, but also in judicial acts.

Free legal advice:

It’s paradoxical, but absolutely opposite decisions are made based on the same legal norm. If courts and lawyers cannot figure out exactly when the statute of limitations on credit debt begins to count, then how can people who do not know jurisprudence do this? We will try to clearly explain the correct point of view, the explanation for which was given by the highest court - the Supreme Court of the Russian Federation.

From what date is the statute of limitations calculated?

So, the Civil Code of the Russian Federation defines the statute of limitations for credit debt as 3 years. Everyone considers individually:

From the end date of the loan agreement. This version is usually followed by employees of banks and collection agencies. For example, if a citizen took out a loan for 3 years in January 2015, then the statute of limitations for the entire amount of the overdue amount under the contract will end, according to this version, in January 2021.

From the date of non-fulfillment of loan obligations - this is the position of the majority of courts, which is also reflected in the resolution of the Supreme Court of the Russian Federation.
From the date of contact with the bank, including telephone conversation.

Example calculation

Let's look at an example. Let’s say a citizen entered into a 5-year loan agreement with a bank in January 2010. In March 2013, he lost his job and, as a result, could not pay. As a result, huge penalties and fines were incurred for late payments, which were several times greater than the amount of the principal debt. The borrower did not agree with this and decided to stop all payments, which is not such a rarity for our country. The last payment occurred in March 2013. It is from this moment that the statute of limitations is calculated.

Each payment has an individual deadline

The Supreme Court of the Russian Federation clarified that the statute of limitations is calculated for each payment separately. Let's return to our example. Let us remind you that the borrower stopped paying his obligations in March 2013. His contract expires in January 2015. Thus, in March 2016, it is not the general statute of limitations for the entire agreement that ends, but the period for payment that should have been made in March 2013.

You will finally be able to sleep peacefully only after January 2015, when the deadline for the last payment expires. If the bank sues in the last month, say December 2015, then it will only be able to recover the amount of the overdue amount for one month.

Free legal advice:

Credit cards

Let's look at the statute of limitations for credit card debt. When concluding an agreement, there are no mandatory payment schedules. That is, the borrower himself can spend money from his credit card on any day, and then also repay the debt on any day. However, the contract does not indicate how long the payment will take. The statute of limitations is calculated based on the last payment. As a rule, banks give a grace period that is not subject to interest. After its end, the statute of limitations on credit cards is calculated if the borrower has never paid under the agreement.

Interruption of the deadline: truth and fiction

Interruption is the time when the statute of limitations expires. It is associated with the official recognition of debt by the borrower. For example, 2.5 years have passed since the last payment, but the citizen fully acknowledges the debt and does not refuse it. It is enough to deposit any minimum amount into your credit account, and the three-year limitation period will begin to count again.

Many people mistakenly believe that any contact with a bank regarding a loan will void the three-year statute of limitations. Therefore, some purposefully hide and do not pick up the phone so as not to contact bank employees. This is a misconception that the collectors themselves actively support. The limitation period is interrupted when the borrower agrees with the debt. This can only be confirmed by real actions: payment, application for deferment, etc.

Statute of limitations for credit debts from bailiffs

If there was a trial, then in this case the bank’s claims have a temporary limitation. Let’s take a closer look at the statute of limitations for collecting a credit debt, if the trial still goes through. After the court's decision, enforcement proceedings are initiated with bailiffs. A bailiff is assigned to each case. How busy they are is legendary. In large cities this is several thousand cases per employee. Naturally, in this state of affairs there can be no talk of any effective collection.

6 months – period according to the writ of execution

The term for the writ of execution is 6 months. During this time, the bailiff must find the property and take collection measures. After this period, enforcement proceedings may be closed if:

Free legal advice:

The debtor has no property.
The debtor is hiding and cannot be found.
The bank refuses to store the described property: televisions, tape recorders, etc.

After a six-month period, the bank has the opportunity to re-apply to the federal bailiff service within three years in order to collect the debt. And so on ad infinitum. The law does not limit the number of applications. If a trial takes place, the creditor can claim the debt through the bailiffs for the rest of his life.

The deadline has expired - has the loan been forgiven?

It is a misconception that when the statute of limitations expires, the debt is forgiven. In fact, there is no possibility of legal recovery. However, the right to claim is retained in full. In other words, if desired, creditors can remind a citizen of his debt throughout his life. In practice, of course, this rarely happens, but there are excesses everywhere. The Law on Collectors, which came out in 2016, slightly systematized the communication between the debtor and employees of credit and collection organizations. Now they must be polite, not threaten, not use violence, call no more than four times a day, strictly on weekdays, and meet only with the consent of the debtor.

Deadlines have expired: what can banks and debt collectors do?

What can employees of credit institutions do if the statute of limitations has expired? If a corresponding petition is submitted, the courts do not have the right to consider such disputes. Consequently, bailiffs will not issue writs of execution, come and describe the property. It is important to know that this is only the right of bailiffs by court decision; no collectors or bank employees have the right to enter the house and alienate property. Such actions are criminally punishable.

The only thing that collectors and banks can do is call to conscience and apply psychological pressure. The more citizens know about their rights and legal acts, the fewer unpleasant conversations they will have in the future.

Now almost everyone receives their salary on a plastic card, but there are still organizations where employees are given money in the accounting department in cash. Therefore, if an employee is a defendant to the bank for credit debts, the bailiffs can send a letter where 50% of it will be transferred to the FSSP to pay off the debt.

The bailiffs sent a writ of execution to the debtor's work

It is worth noting that a writ of execution can be sent to the defendant not only by the bailiffs, but also by the plaintiff himself. True, this rarely happens and only if he has reliable information about the place of work of his debtor.

In the same scenario, your salary card may be seized. As a rule, all incoming funds are seized. As a result of such actions, the debtor is left without a livelihood.

If this happens to you, urgently go to your bailiff and write a statement that your salary is your only source of income. Based on this, only half will be written off.

In accordance with Federal Laws 229 and 118, bailiffs can go to the debtor’s registration address and this in conjunction with withholding wages.

Receiving a writ of execution by the accounting department

When the bailiffs direct writ of execution for work debtor, he ends up in the accounting department of the enterprise. Next, employees make appropriate amendments to the documents necessary to transfer funds to the employee and begin to distribute the salary into two accounts.

Simply put, half is sent to the FSSP accounts, and the other is given to the debtor employee.

If transfers go to the employee’s card, then collection bypasses the accountants and obliges the issuing bank to block the account.

Please note that this is common practice for any accounting department and should not cause a negative reaction from the employer.

Yes, it is true that some employers, for reasons known only to them, do not want to keep debtors on their team. But it was sent writ of execution for work, this is not a reason to fire an employee, thereby depriving him of funds and a way out of the debt trap.

If this happens to you, immediately write a complaint to the labor inspectorate and the prosecutor's office. The director faces serious proceedings and a large fine. In some cases, it came to criminal liability.

If you have questions, ask them by email. You can also contact the site’s on-duty lawyer in the pop-up window.

1. My husband has two writs of execution at work. One alimony agreement certified by a notary for 40% of wages for alimony, the second writ of execution for payment of loan debt for 50% of wages. The accountant claims that he will deduct 40% for alimony and 30% for the loan, because you can deduct up to 70% from your salary. As far as I know she is wrong. 40% is spent on alimony and 10% on loans, because according to Article 138 of the Labor Code, more than 50% of wages cannot be withheld under several writs of execution. Please explain what is the right thing to do in this case, if the accountant incorrectly wants to deduct from the salary.

Lawyer Prigorodov I. O., 76 answers, 41 reviews, on the site from 10/14/2019
1.2. The amount of deduction is determined by the bailiff when issuing a decision to withhold funds from wages. If you disagree with the amount of the withholding, you have the right to appeal it in court. Therefore, the organization’s accountant herself does not have the right to set the amount of deduction.
In your case, the bailiff set the withholding amount to 50%.

2. Enforcement proceedings were initiated against me under a writ of execution for non-payment of a loan for 203,000 thousand rubles. They deducted 50% from my salary. Almost a year passed, I still had a debt of about 30,000 thousand rubles, and then the bailiffs initiated another enforcement proceeding based on a writ of execution with the same number and date issued by the same court, but for a larger amount of 330,000 thousand rubles. I came to the bailiffs several times to get acquainted with the materials of the enforcement proceedings, but the bailiffs could not find the documents. What should I do next?

Lawyer Kolkovsky Yu.V., 100689 answers, 46980 reviews, on the site from 07/05/2015
2.1. Write a complaint to the prosecutor's office.

3. I ask for help in understanding the following situation. In 2007, my husband took out a loan from Finservice Bank. Lost my job and didn't pay my loan. The bank filed a lawsuit and a writ of execution was issued. There is a debt in the FSNP database. But last year, my husband received information from the Tax Inspectorate that he needed to pay tax on the amount of the loan debt. The notice contained information that the bank had filed a tax return to write off the debt as bad. The question now is why the enforcement proceedings have not yet been closed, because the debt was written off by the bank as bad. And most importantly, this bank is not in Kaliningrad. And the bailiffs have already come home regarding this loan. Tell me what to do in this situation?

Lawyer Sherin V. in., 1144 answers, 506 reviews, on the site since December 20, 2015
3.1. Request confirmation from the tax authorities that your debt is recognized as non-cash, then send a letter to the bank to confirm that the debt is non-cash. Based on the results of the answers, you will make decisions.

4. We really need your help and advice! The situation is this: in 2011, my husband agreed with his brother’s wife that he would act as a guarantor for a loan that would be issued to her for 5 years... as a result, they stopped paying, penalties and penalties began to accrue, and in 2016 she dies .. the courts begin: the first in 2016 about the fact that she died and now the borrower is his brother, the second in 2017 about the collection of the entire debt from the borrower and guarantors, and the amount is not small.. in the end, writs of execution come to the husband at work, and all he alone pays the amount (last payment August 2018). I approached my brother, he only fed him with promises, since the loan was taken to develop his and his wife’s business (at that time he was registered as an individual entrepreneur). In May of this year, we requested all the documents from the bank in order to file a lawsuit against my brother; when we started looking through them, we saw that the signature on the surety agreement and on the consent to the processing of personal data did not belong to the husband (his signature is only on the general application form , which was served by the brother’s wife). In order to conduct a handwriting examination, they wrote a statement to the police. It was established that indeed the signature in these documents did not belong to my husband, but his brother signed everywhere for him... what should we do now? Is it possible to get the bank to return the money to us, since in fact my husband didn’t sign anything? I can’t expect money from my brother, he deceived a bunch of people... now they tried to cancel the decision of 2017, declaring newly discovered circumstances and attaching a decision to refuse to initiate a criminal case, they received a refusal... is there any point in appealing this decision now? Maybe it was necessary to first recognize the agreement as void, and then cancel the 2017 decision?

4.1. File a claim to have the surety agreement declared void and to reverse the execution of the invalid transaction.

Lawyer Medunov S.K., 14808 answers, 5603 reviews, on the site since 10/13/2010
4.2. Ack, in terms of timing, everything is complicated for you. It is imperative to appeal the court decision of 2017. Since your situation is quite complicated, you need to go to the personal messages section and work with a specific lawyer.
The most interesting option is to collect funds directly from the Bank (taking into account your circumstances) since, in all likelihood, you will not receive anything from your brother.
In general, fraud is seen in the brother’s actions.

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15. What can be done in this situation: The case materials from 2007 and the documents of enforcement proceedings and the writ of execution on the collection of the loan from the borrower and his guarantors burned and disappeared from the bailiffs. I am a guarantor, the enforcement proceedings against me were completed and there is a bailiff’s resolution in 2008. The bailiffs did not bother me again until 2017. It turned out that the bank, through the court, in 2015 submitted a demand to the court to issue a duplicate of the writ of execution, and only for me. And now the bailiff has presented me with a debt of 400 thousand for payment. How to suspend enforcement proceedings and begin proceedings on this issue.

Lawyer Kukovyakin V.N., 10325 answers, 6739 reviews, on the site from 11/16/2017
15.1. Hello, Elena!
In this situation, you first need to contact the bailiff with a request to familiarize yourself with the production materials. Without seeing the documents, it is quite difficult to tell you how to solve this problem.

16. I received a writ of execution from the bailiffs at work, to withhold 50% for the loan, if I draw up an agreement on alimony with a notary for 40%, I give it to my pensioner mother for work, initially 40% will be withheld for alimony, and 10% to the bailiffs Or is it considered some other way?

Lawyer Kriukhin N.V., 157614 answers, 69086 reviews, on the site from 07/14/2011
16.1. Hello.
It may happen that 70% will be withheld, of which 40% for alimony, 30% for a loan.
And there are no fools in the bank either; Through the court, they can easily invalidate this alimony agreement.

Lawyer Nikitin S. A., 212 answers, 185 reviews, on the site from 02/13/2018
16.2. Absolutely right.
Bailiffs can withhold up to 50% of income.
Article 99 of the Law “On Enforcement Proceedings”:
2. When executing an executive document (several executive documents), the debtor-citizen may be withheld no more than fifty percent wages and other income. Withholdings are made until the requirements contained in the executive document are fulfilled in full.
3. The limitation on the amount of deduction from wages and other income of a debtor-citizen, established by part 2 of this article, does not apply when collecting child support for minor children, compensation for harm caused to health, compensation for harm in connection with the death of a breadwinner and compensation for damage caused by a crime. In these cases, the amount of deduction from wages and other income of the debtor-citizen cannot exceed seventy percent.
:
The total amount of all deductions for each payment of wages cannot exceed 20 percent, and in cases provided for by federal laws - 50 percent of wages due to the employee. When deducting from wages under several executive documents, the employee must, in any case, retain 50 percent of the wages. The restrictions established by this article do not apply to deductions from wages when serving correctional labor, collection of alimony for minor children, compensation for harm caused to the health of another person, compensation for harm to persons who suffered damage due to the death of the breadwinner, and compensation for damage caused by a crime. . The amount of deductions from wages in these cases cannot exceed 70 percent. Deductions from payments that are not subject to collection in accordance with federal law are not allowed.
Since in your case alimony is paid not for the maintenance of a minor child, but for a pensioner, then, despite the answer of lawyer N.V. Kriukhin, the bailiffs will be able to withhold no more than 50% from you.

First of all, alimony will be withheld in the amount of 40%. Remains 50-40=10%
The priority is determined in Article 111 of the Law “On Enforcement Proceedings”:
1. In the event that the amount of money collected from the debtor is insufficient to satisfy in full the requirements contained in the enforcement documents, the specified amount is distributed among the claimants who presented the enforcement documents on the day of distribution of the corresponding amount of money, in the following order:
1) Firstly collection requirements are satisfied alimony, compensation for harm caused to health, compensation for harm in connection with the death of the breadwinner, compensation for damage caused by a crime, as well as claims for compensation for moral damage;
(as amended by Federal Law dated December 17, 2009 N 325-FZ)
2) secondly, the requirements for the payment of severance pay and wages of persons working (who worked) under an employment contract are satisfied, as well as for the payment of remuneration to the authors of the results of intellectual activity;
3) thirdly, the requirements for mandatory payments to the budget and extra-budgetary funds are satisfied;
4) fourthly, all other requirements are satisfied.
2. When distributing each sum of money collected from the debtor, the claims of each subsequent queue are satisfied after the claims of the previous queue are satisfied in full.
3. If the amount of money collected from the debtor is insufficient to satisfy the demands of one line in full, then they are satisfied in proportion to the amount due to each claimant specified in the writ of execution.

17. The bailiffs deduct 50/ from my salary according to the writ of execution, to pay off the loan debt. And half of the remaining salary is withdrawn from the salary card, only according to a different writ of execution. It turns out that I only have 25/- left from my salary. Is this legal?

Lawyer Karavaitseva E.A., 57763 answers, 27411 reviews, on the site from 03/01/2012
17.1. No, it's illegal..

18. I have dual citizenship. In the Russian Federation I have a loan debt; there is a writ of execution on the FSSP website. I am abroad myself. The name in the passport of another country is different. Question about arriving with a passport from another state, can I fly using it without hindrance?

Lawyer Mamontov A.V., 3042 answers, 1624 reviews, on the site since 02/09/2004
18.1. Restrictions on travel are established by the court for a person with specific full names. In order for the same person, but using a passport with a different name, to be restricted from traveling, an additional court decision is necessary. If there is no court decision establishing identity, then there will be no restrictions. But if creditors find out about such circumstances, it is possible that they may contact the police with a statement of fraud.

19. I want to get a job in a pre-trial detention center, but my wife has a writ of execution for an unpaid loan, can I hope to get a job?

Lawyer E. S. Bagdasarova, 1 answer, 0 reviews, online since 10/08/2019
19.1. Hello! Of course you can! The presence of a writ of execution (even from you) cannot be the only basis for refusal to hire.

20. There are 2 writs of execution at work. 1st - compensation for damage caused by a crime
(25% of the salary amount, previously it was 50%), 2nd - debt on loans, etc. 50% of the salary. Question: does the accounting department have the right to withdraw 50% from the salary or only 25%, because 1 sheet is the first in order of satisfaction, and the second sheet is 3rd in order?

Lawyer Derishev P.V., 62 replies, 43 reviews, on the site from 09/19/2019
20.1. When executing a writ of execution (several writs of writ), no more than fifty percent of wages and other income may be withheld from a debtor-citizen. Withholdings are made until the requirements contained in the executive document are fulfilled in full.

The limit on the amount of deduction from wages and other income of a debtor-citizen does not apply when collecting alimony for minor children, compensation for harm caused to health, compensation for harm in connection with the death of a breadwinner and compensation for damage caused by a crime. In these cases, the amount of deduction from wages and other income of the debtor-citizen cannot exceed seventy percent.

21. I have writs of execution for loans. Today I received a salary with a 50% deduction. At the same time, I have 4 children. Was it legal for me to be charged 50% of my earnings?

Law firm LLC "Legal Bureau "Zashchitnik", 4932 answers, 3023 reviews, on the site since 12/02/2016
21.1. Yes, it is legal, since such a possibility is provided for by the law on enforcement proceedings.

22. Please tell me that the debtor’s bank received on the same day a writ of execution for the loan from the bailiffs and a notarial agreement on the payment of alimony from the wife. The bank, in turn, rejected the notarial agreement and transferred all the money from the debtor’s accounts to the bailiffs. Are the bank’s actions legal, since alimony is a priority collection? Thank you.

Lawyer Karavaitseva E.A., 57763 answers, 27411 reviews, on the site from 03/01/2012
22.1. The bank's actions are completely unlawful.

Lawyer Ageev I. A., 404 answers, 229 reviews, on the site from 07/21/2016
22.2. Hello. It is illegal, alimony is collected first.

22.3. Hello, dear Elena!
Firstly, deductions from the debtor’s salary in enforcement proceedings, incl. from his salary account in the bank, is carried out on the basis of Article 99 of Federal Law No. 229-FZ “On Enforcement Proceedings”.
Article 99. Amount of deduction from wages and other income of the debtor and the procedure for its calculation
1. The amount of deduction from wages and other income of the debtor, including from remuneration to the authors of the results of intellectual activity, is calculated from the amount remaining after withholding taxes.
2. When executing an executive document (several executive documents), no more than fifty percent of wages and other income may be withheld from a debtor-citizen. Withholdings are made until the requirements contained in the executive document are fulfilled in full.
3. The limitation on the amount of deduction from wages and other income of a debtor-citizen, established by part 2 of this article, does not apply when collecting alimony for minor children, compensation for harm caused to health, compensation for harm in connection with the death of a breadwinner and compensation for damage caused by a crime. In these cases, the amount of deduction from wages and other income of the debtor-citizen cannot exceed seventy percent.
4. Limitations on the amount of deduction from wages and other income of a debtor-citizen, established by parts 1 - 3 of this article, do not apply when foreclosure is applied to funds located in the accounts of the debtor, to which the employer credits wages, with the exception of the amount of the last periodic payment..
Please pay attention to Part 4 of Article 99 of this Law.
Secondly, in accordance with Part 6 of Article 70 of Federal Law No. 229-FZ, in case of reasonable doubts about the authenticity of the enforcement document received directly from the claimant (his representative), or doubts about the reliability of the information presented in accordance with Part 2 of Article 8 of this Federal Law, a bank or another credit institution has the right to delay the execution of the executive document to verify the authenticity of the writ of execution or the reliability of information, but for no more than seven days. When carrying out this check, the bank or credit organization immediately suspends transactions with funds in the debtor's accounts within the limits of the amount of funds subject to collection.
It is possible to explain this issue in more detail if more complete information is available about the content of the alimony agreement approved by the notary.
Good luck to you.

Sergey Yuny Barmaleikin, 15880 replies, 855 reviews, on the site since 10/25/2011
22.4. Appeal the bank's actions in court. Who is stopping you from submitting an agreement to the bailiff or the employer?

23. The situation is as follows: I took out a loan 8 years ago and didn’t pay it off, they sued me, but the writ of execution was returned to the bank because they didn’t find any income, there isn’t even any information about me on the FSP website anymore. Today, I foolishly called the bank to find out if I had a debt (they suddenly wrote it off as non-payable), to which the girl replied that the debt was 80,000 rubles. She asked if this was my phone number, I replied that yes, to which she began to tell me in a rude tone why she didn’t pay, why she didn’t inform the bank about the change in information, etc. I hung up. The question is what does this threaten me with now, I changed my last name because I got married, I officially work with a salary of 10,000, in total. I also changed my registration. What should I expect now and what should I do if they start shaking me about the loan again?

Lawyer Anikina N.G., 22444 answers, 10705 reviews, on the site from 09/23/2015
23.1. THE BANK COULD AGAIN FILE THE WORD OF EXECUTION ONLY WITHIN THREE YEARS AFTER THE TERMINATION OF THE ENFORCEMENT PROCEEDINGS. IF THEY DIDN'T APPLY THEN THEY ALREADY MISSED THIS DEADLINE. In general, this does not threaten you with anything, except that you have reminded yourself and now they can try to re-submit the writ of execution or index the previously collected amount.

Lawyer Provorova A.Yu., 7144 answers, 2728 reviews, on the site from 09/24/2013
23.2. Good morning.
Since there is already a court decision, they won’t shake it, the most they can do is submit a writ of execution to the bailiffs every three years.

Lawyer Kochetkov A.V., 5976 answers, 3587 reviews, on the site from 04/24/2018
23.3. You are not obliged to inform the bank about changes in your data, just forget about them. The LED has long passed, you don’t have to pay anything.
There will be a court order, you should appeal it and cancel it.

Lawyer Kugeiko A.S., 86,702 replies, 38,690 reviews, on the site since 12/05/2011
23.4. Hello,
If the debt is collected through the court, it has not disappeared anywhere and the collector can re-submit the writ of execution to the bailiff service if he wishes.
I wish you good luck and all the best!

24. The bailiff also aroused the floor. Proceedings based on a writ of execution dated June 15, 2015 (on a loan). When should he stop production (what is his deadline). 4 years passed, I didn’t find anything, I couldn’t collect it. Does he have a deadline? Thank you.

Lawyer Datskevich K. E., 11,000 answers, 7,296 reviews, on the site from 07/02/2018
24.1. 3 years if the sheet was not taken away and presented again then the period is suspended.

25. Do bailiffs collect 50% (a writ of execution for a loan) from sick leave, one hundred percent of which is paid by the FFS?

Lawyer Pautina E.Yu., 55101 answers, 24260 reviews, on the site since 12/13/2011
25.1. Good afternoon. Disability benefits are currently being foreclosed on.

Payment under the writ of execution occurs in the following order. From each payment (advance or salary itself) 50% is transferred (as indicated in i/l) to the recoverer. Payment for sick leave is made in a lump sum, and accordingly, half of it must also be withdrawn. By virtue of the same Federal Law on enforcement proceedings.

26. I received an inheritance from my father, a share in the apartment, but it turned out that my father took out loans from JSC Tinkoff Bank and Russian Standard in 2015. In 2016, there was a court order to repay the debt in favor of the banks (a writ of execution was issued) At the moment, I have canceled the enforcement proceedings, in order to enter into an inheritance, as the notary said (there was a ban on registration actions), how can I now write off the debt to the above banks, or interest, there was no insurance, is there a place for a statute of limitations or is loan restructuring appropriate? through the court, since the banks probably won’t cooperate?

Lawyer Sadykov I.F., 49435 answers, 26528 reviews, on the site from 10/11/2017
26.2. Hello, dear Yuri! Let's go in order. You cannot write it off automatically. The creditor needs to go to court. And depending on what you mean by “canceled.” If the court order was canceled (Article 121-130 of the Civil Procedure Code of the Russian Federation), then wait for the claim and declare the application of the limitation period (Article 199 of the Civil Code of the Russian Federation). Then the creditor will not be able to collect the debt in court. The creditor has the right to sue and recover from you, because according to paragraph 1 of Article 1175 of the Civil Code of the Russian Federation:
The heirs who accepted the inheritance are jointly and severally liable for the debts of the testator (Article 323).
Each heir is liable for the debts of the testator within the limits of the value of the inherited property transferred to him.

If an application has been filed for you as a legal successor in enforcement proceedings, then it is more complicated. But if the court order is canceled (by the word “cancelled” you mean this), then it is unlikely that an application for procedural succession will be filed (Article 44 of the Code of Civil Procedure of the Russian Federation). Good luck in resolving your issue!

Lawyer Karavaitseva E.A., 57763 answers, 27411 reviews, on the site from 03/01/2012
26.3. Writing off debts is not that easy. Even the expiration of the statute of limitations is not grounds for writing off loans. The expiration of the limitation period does not prevent the creditor from going to court (Article 204 of the Civil Code of the Russian Federation). Restructuring of loans only by agreement with creditors. If creditors go to court with claims, then apply the statute of limitations. In this case, the court must refuse to satisfy the claims of the creditors.
In addition, remember that you are liable for the debts of the testator only to the extent of the value of the inherited property.

Lawyer Zotov V.I., 36842 answers, 15126 reviews, on the site from 07/11/2009
26.4. Hello, Yuri!
Firstly, if you inherited a share of ownership in your father’s apartment, and he is a debtor under loan agreements to these banks, then you, according to Article 1175 of the Civil Code of the Russian Federation, are obliged to repay your father’s debts.
Secondly, banks can provide restructuring under loan agreements; the court cannot oblige them to do this. Restructuring will not reduce the amount of debt.
Third"Your information is not entirely clear" there was a court order to return the debt in favor of the banks (they issued a writ of execution)", since both a court order and a writ of execution are enforcement documents on the basis of which the bailiff initiates enforcement proceedings against the debtor.
If a debt has already been collected from your father in court by a court decision that has entered into legal force, then in this case you can only, on the basis of Article 203 of the Code of Civil Procedure of the Russian Federation, apply to the court to grant an installment plan for the execution of the court decision, changing the method and procedure for executing the court decision.
Article 203. Postponement or installment plan for the execution of a court decision, changing the method and procedure for executing a court decision
1. The court that has considered the case, upon applications of the persons participating in the case, the bailiff, or based on the property status of the parties or other circumstances, has the right to postpone or defer the execution of the court decision, change the method and procedure for its execution.
2. The applications specified in part one of this article are considered at a court hearing. Persons participating in the case are notified of the time and place of the court hearing, but their failure to appear is not an obstacle to the consideration and resolution of the issue raised before the court.
3. A private complaint may be filed against a court ruling to defer or install the execution of a court decision, or to change the method and procedure for its execution.
Only when the court considers a bank’s claim for debt collection under a loan agreement, it is possible to reduce the amount of the penalty (and not interest) on the basis of Article 333 of the Civil Code of the Russian Federation, and also if the plaintiff misses the limitation period (3 years), declare this to the court in accordance with Articles 196, 200, 199 of the Civil Code of the Russian Federation.
All the best.

Lawyer Ikaeva M.N., 14628 answers, 6698 reviews, on the site since 03/17/2011
26.5. Hello Yuri

In connection with the cancellation of the court order, the bank may sue you. When filing a claim during the consideration of the case, you declare that the statute of limitations has passed under Article 196 of the Civil Code of the Russian Federation and thus all collection actions must cease.
Each of the heirs is liable for the debts of the testator within the limits of the value of the inherited property transferred to him, Article 1175 of the Civil Code.

Lawyer Mingazov Yu.S., 47110 answers, 14033 reviews, on the site since December 24, 2009
26.6. If the court orders are canceled, then you have to wait for the claim proceedings, that is, so as not to miss it, at the place of residence of the father, having received the statement of claim, write objections to the claim and a petition for the application of the statute of limitations and MUST be present at the court hearing.

Civil Code of the Russian Federation Article 199. Application of the limitation period

1. A claim for the protection of a violated right is accepted for consideration by the court regardless of the expiration of the limitation period.
2. The limitation period is applied by the court only upon the application of a party to the dispute made before the court makes a decision.
The expiration of the limitation period, the application of which is declared by a party to the dispute, is the basis for the court to make a decision to reject the claim.
3. Unilateral actions aimed at exercising the right (offset, direct write-off of funds, extrajudicial foreclosure of pledged property, etc.), the statute of limitations for the protection of which has expired, are not allowed.
(Clause 3 introduced by Federal Law dated 05/07/2013 N 100-FZ)

Lawyer Makarenko O.N., 4648 answers, 3058 reviews, on the site from 06/08/2016
26.7. If there is a writ of execution, which is issued on the basis of a court decision that has entered into legal force, there can be no talk of a limitation period. The heir, along with the testator’s money, also acquires his debts, and nothing can be done about it (Article 1112 of the Civil Code of the Russian Federation). Unfortunately, the court also cannot force the court to restructure the debt.

27. I was awarded a debt on a loan, I don’t even know what kind of loan they seized all my accounts. The trial took place without me, no one called me. Is it possible to somehow receive a writ of execution by email, or do I have to go to court?

Lawyer Boldyrev R.I., 4004 answers, 2253 reviews, on the site from 07/26/2017
27.1. Hello!
This is a court order and is issued without summoning the parties. To cancel it, you must submit an objection to the court.

Lawyer Zabolotnikova S.V., 6 answers, 4 reviews, on the site from 10/11/2019
27.2. Good afternoon

First, you need to find out the number of the civil case and the name of the court that issued the judgment. This must be done with the bailiffs. You won't be able to receive anything by email. Perhaps this information will be on the FSSP website. After receiving this information, you will need to familiarize yourself with the materials of the civil case in court. If necessary, I am ready to provide you with legal assistance. Svetlana t.89279115911

28. The husband acted as guarantor for the loan. The borrower stopped paying. The court decided on a joint and several penalty. The last writ of execution was dated March 24, 2011. The deadline for presentation for execution is 3 years. In May 2011, we entered into a settlement agreement with the claimant and partially repaid approximately 130 thousand out of almost 600,000. We received a decree to end the enforcement proceedings. Then we received a resolution to initiate enforcement proceedings dated January 23, 2017. Today the car was seized according to this document. Is this legal and what can be done to stop it?

28.1. Hello.
You can appeal the actions of the bailiff against Article 219 of the CAS RF.

Lawyer Filyuk V.P., 13684 answers, 5089 reviews, on the site from 01/06/2009
28.2. You and your lawyer have the right to urgently file an administrative claim in court, in accordance with the CAS of the Russian Federation, to appeal the decision of the bailiff to the prosecutor's office, to a higher bailiff.
You and the lawyer have the right to file a lawsuit to recover 130 thousand rubles in your favor from the borrower.
The court will recover your attorney's fees from the defendant upon satisfaction of the claim.

29. Where to start if you do not agree with the amount of the writ of execution. Loan debt.

Lawyer Plyasunov K.A., 145,007 answers, 35,783 reviews, on the site since 02/26/2013
29.1. Hello.
You can appeal the court's decision. What actions did you take?

30. The bailiff made installment payments on the loan, but a couple of months after the payments were made to the bailiff. They deducted 50% of my salary based on a writ of execution, although before this there was no writ of execution at work. Can a bailiff take away a writ of execution from a debtor’s work?

Law firm LLC "Biletiz", 9 answers, 3 reviews, on the site from 10/11/2019
30.1. Most likely, the bailiff sent the employer a writ of execution to withhold 50% of the income; if you agreed on an installment plan, then you need to contact him again.

Withholding your salary to pay off a loan debt is a common practice, but you must understand that from the bank’s statement that they will withhold money from you to pay off the debt, to the actual deduction from your salary and other sources, including from deposits, the sale of property, at a minimum must go to trial. Only after a court decision can the bailiff send a writ of execution to the place of work and otherwise seek funds to repay the loan debt.

When does wage garnishment take place?

The bailiff has the right to collect the debtor's wages Art. 98 of the Law “On Enforcement Proceedings”.

The law applies in the following cases:

A number of agreements provide for the possibility of writing off a certain part of the salary to pay off the debt. But as a rule, this applies to salary clients and overdraft on a salary card;
If the total debt on the loan is less than 10 thousand;
Impossibility of repayment due to lack of funds and property. In case of failure to repay the debt, the company where you are registered as an employee will receive a writ of execution, which states the requirement to collect a certain part of the salary in order to repay the loan debt.

It should be noted that the amount of the writ of execution is determined by the court and can be indicated in rubles, the minimum wage or a percentage of the salary, but in any case, the law provides for a limit that cannot exceed 50% of the salary.

Rights and responsibilities of bailiffs:

Wage deduction in the amount of 50 percent is carried out according to Art. 2. 99 of the Law “On Enforcement Proceedings”. The Labor Code has established restrictions that allow the withdrawal of part of income in accordance with the established procedure. If you are a single mother or single father, no more than 20-25 percent of your salary is withdrawn. If you have minor children or children who study on a contract basis, you have the right to withdraw no more than 30 percent of your income.

The law does not extend penalties to persons whose activities involve performing difficult and complex forms of labor caused by an increased risk to human health and life. An additional payment is provided for the harmfulness of unfavorable conditions of a geographical or geological nature. Withholding does not apply to contributions for those receiving social insurance for hazardous occupations or insurance due to accidents. This benefit applies to all organizational and legal forms. The withholding does not apply to those receiving cash payments from the state at the birth of a child. Do not try to come to an agreement with management on a writ of execution - management will not be able to help you in any way.

What are the exits?

Take note, to successfully resolve the problem, try to establish contact with the bailiffs at the first meeting, without conflicts or quarrels. Nowadays, law enforcement officers do not receive bonuses for collecting debts, so neither they nor you need unnecessary squabbles, and with the right approach, you can get a small deferment in payment under the writ of execution. And with a mutual agreement with the executors, such negative consequences as arrest and inventory of property can be avoided.

For example, a credit expert from a bank will call and threaten that the bank will begin to take his salary.

This, however, is not entirely true and here’s why: 1. A court can force a person to give up part of his salary, and only if the statute of limitations has not expired. 2.

How does a bank collect credit debt? Can property be taken away for debts?

It is after this time that the real process of debt collection under the loan agreement begins, and a disappointing entry about a delay exceeding 90 days is made in the borrower’s credit history.

Until this moment, the borrower talks only with bank employees by phone, and after that other actions on the part of the bank appear. Work of the bank's security service This service may be called the collection department.

Since it came down to deductions from wages, it means that other collection methods tried by the bailiffs did not lead to repayment of the debt, and they did not find any other property on you.

If there is a writ of execution for the loan

I am staying with friends, there is temporary registration (according to the advertisement), it ends soon.

I don't have any property. There is also no share in the real estate / There is nothing to collect except the salary.

I'm working at work.

Salaries are paid in black terms.

Free legal advice:

9000 officially. the rest is in the envelope.

If I have passed the loan trial, what should I do next? What to expect?

Maybe he should go to court himself and find out what the other claims are? What happens if you don’t go anywhere, but just wait until the bailiffs come to the accountant with a writ of execution?

Loan debt collection - rights and obligations of bailiffs

After 30 days, the court decision comes into force and the bank or collection agency transfers the writ of execution to the Federal Bailiff Service.

Free legal advice:

There the documents are registered and within 3 days a decision is made to initiate proceedings.

From this moment on, bailiffs take over the work. Their activities, unlike collection activities, are strictly regulated by laws: Federal Law No. 118-FZ “On Bailiffs” of June 21, 1997.

Federal Law No. 229-FZ “On Enforcement Proceedings” dated October 2, 1997

These laws define a wide range of powers and rights of bailiffs.

Loan debts

A large default rate is already included in these extortionate interest rates. As a result, the country's population and small businesses are drowning in an abyss of debt, and a few wealthy individuals, who accidentally became the owners of banks, do not know where to spend the flowing profits.

Free legal advice:

Debts in banks are growing like a snowball and loan debtors rely only on the so-called law on bankruptcy of individuals.

Salary deduction - LAWYER CONSULTATIONS

This year I took out a bank loan in the amount of rubles for five years (taking into account interest, you need to pay about 400,000 rubles). At that time I worked on the railway with a good salary and money transfers took place through TransCreditBank (where I received the loan). The bank itself debited the required amount for the loan from me (6,300 rubles).

I paid regularly for a year and a half, then lost my job. It was not always possible to repay the loan in the same amounts.

What to do if the bank files a lawsuit for non-payment of loans

Sometimes unforeseen situations occur when there is nothing to pay the loan.

What does the creditor do in this case? Legal action by the bank to collect a loan debt: what should the borrower do? Basically, if the borrower fails to pay debt on loan obligations for a long time, the bank begins to send written notifications in the form of letters or SMS messages with threats about the establishment of an alleged criminal case or confiscation of property.

Free legal advice:

However, the financial institution is not a government body that is authorized to carry out such procedures.

Blog and practice

How to cancel a writ of execution on a loan, many people ask a similar question when they contact us for advice. Friends, I’ll say right away that before taking out a loan from a bank, you need to carefully calculate your capabilities, otherwise in the future you may receive a writ of execution from the bank if you stop paying.

The bank is not your close friend or relative. A bank is a financial institution whose task is to make a profit. Therefore, arguments like: I can’t pay, I got sick, I lost my job, have no legal basis. By signing a loan agreement, you accepted a certain amount of responsibilities, including making payments in the agreed amount and due date.

In practice, there are cases when a bank agrees to a restructuring or settlement agreement. But this is not the bank’s obligation, this is the bank’s right, and whether the bank uses this right or not is not decided by the borrower. So, you don’t need to rely on it, you just need to always be prepared for negative developments.

Free legal advice:

This way you can protect yourself from abuse by the creditor and preserve your property. Next, we will consider in detail the process of obtaining a writ of execution by a creditor.

It is easier to cancel a writ of execution on a loan if you know the nuances of receiving a writ of execution by the creditor

In order to understand how to cancel a writ of execution on a loan, you need to understand what stage the lender goes through in order to obtain a writ of execution. The basis for going to court for the bank will be the presence of overdue debt and the client’s failure to pay loan payments for a long time. The law does not impose requirements on the time of non-payment of the loan and the amount of debt. Usually creditors go to court after 3 months of delay, but there are no exact statistics, it’s always different.

To ensure that the court does not refuse to collect the debt, the bank is obliged to send a claim to the borrower for a pre-trial procedure for resolving the dispute. In the claim, the bank must demand the return of the entire amount of debt on the loan: the amount of the principal debt, interest for using the loan, fines, penalties, penalties. If the bank has complied with the above requirement, it now has the right to go to court. In order for the creditor's claims to be considered, the statement of claim must be accompanied by documents confirming the client's debt (account statement, debt calculation, credit file, documents confirming payment of state duties, etc.).

The court will check the statement of claim and documents - attachments. If the form and content of the statement of claim comply with the law, the court will issue a ruling to accept the statement of claim. The court will set a date for the hearing and notify the parties. If the amount of principal, interest, and penalties charged to you does not correspond to reality, then you have the right to raise objections indicating the presence of a smaller debt. Friends, also be sure to petition the court to reduce the amount of penalties, fines, and penalties on the loan. The described process of obtaining a writ of execution will help answer the question: “How to cancel a writ of execution on a loan.”

How to cancel a writ of execution on a loan. Main stages

The grounds for appealing or canceling a court decision (writ of execution) are the same for all types of obligations, be it credit obligations, collection of damages; the law does not regulate the cancellation of a writ of execution on a loan. The procedure is the same for all decisions made by courts of general jurisdiction. One month is given to appeal a court decision, whether it is for a loan or other obligations.

Free legal advice:

If for some reason you are not satisfied with the court's decision on the loan, it is important to send an appeal on time; if you do not meet the specified deadline, then there is a risk that the application will not be satisfied. The procedural deadline for appealing the decision of the court of first instance can be restored, but this requires substantial grounds, so it is better to control the deadlines and do everything on time. Procedural deadlines for appealing a judicial act begin to run from the moment the court decision is issued in full. If you want to cancel a writ of execution on a loan, you need to follow these steps:

Submit a petition to restore the missed procedural deadline for appeal. A writ of execution for a loan or other obligations is issued after the court decision enters into legal force. Thus, we come to the following conclusion - if there is a writ of execution, then the court decision has entered into legal force.

Does this mean that the decision of the court of first instance cannot be appealed and the writ of execution on the loan can no longer be cancelled? Doesn't mean that at all. You can appeal the decision and cancel the writ of execution on the loan. Here are some of the reasons:

The court hearing took place in the absence of the defendant, that is, without you and you knew nothing about the court hearing. As soon as you find out that the trial has taken place, you need to take steps to familiarize yourself with the case materials. If the defendant was not properly notified or the decision reached you with a significant delay, this may serve as a basis for restoring procedural deadlines;
A serious illness that prevented the person from exercising the right to appeal to a higher court. However, it should be remembered that the illness must be documented precisely during the period for the appeal;
Of course this happens rarely, but still. The court did not explain the procedure for appealing a judicial act in the text of the decision itself;
If the court did not take into account the deadlines for drawing up a decision in full (the court is given five days);
A copy of the court decision was sent by the court in violation of the deadlines, which led to the impossibility of filing an appeal with the court.

Next you need to prepare an appeal. An appeal is filed through the court that made the decision. The complaint (at the top) indicates the name of the court to which the complaint is sent, information about the complainant (full name, address), his procedural position in the case, the parties and interested parties.

The appeal contains information about the judicial act being appealed, for example, an appeal against the decision of the Kurchatovsky District Court dated 01/01/2017 in case/2017. By the way, you can apply for the restoration of procedural deadlines for appeal both in the text of the complaint itself and in a separate document. I will not delve into the nuances of drawing up an appeal.

How to cancel a court order on a loan.

The easiest way for a bank to collect funds from a debtor is to apply to the magistrates' court for a court order. This is the fastest and easiest way. This method has a number of disadvantages for the bank, but also advantages for the debtor:

Free legal advice:

The court order is easy to overturn;
All seized property within the framework of enforcement proceedings, the basis for the initiation of which was a canceled court order, will have to be returned back to the debtor;
Only the creditor receives a copy of the order.

If you do not agree with the court order on the loan, then feel free to submit an application for its cancellation. If your request is satisfied by the court, this will serve as the basis for termination of enforcement proceedings. Today I tried to answer the question of how to cancel a writ of execution on a loan. Don't be shy and ask questions. You can do this through the comment form under the text of the article or write to us through the return form on the main page of the site.

16 comments. Leave new

Tell me they sent me a writ of execution at work. I took out a loan for a car, but couldn’t pay it off. In September, the salary was calculated to be half less. The receipt says court-ordered withholding. The bailiffs have already taken the car, the department said it will be put up for auction, but it hasn’t been sold yet. As a result, I was left without a car and without money. I’m thinking of quitting my job and going to work informally. Can they keep their job if their car has already been taken away?

Good afternoon. The bailiff establishes the procedure and scope of enforcement actions independently. Nothing prevents him from sending the order to work, even if the car has already been seized. If after deductions there is nothing left to live on, then ask the bailiff to reduce the amount of deductions or go to court with a corresponding application.

Greetings! I have repeatedly contacted the bank with a request to restructure the debt. I received an answer that the bank cannot provide me with debt restructuring, since this is the bank’s right, not an obligation. I simply stopped paying because I had nothing left to live on. The bank went to court to collect money from me. The court ordered to collect money from me. Then the case was sent to the bailiffs. I went to the bank again. They said that they could conclude a settlement agreement. It was necessary to collect a package of documents. In court, we entered into a settlement agreement that I would pay 7 thousand monthly. The settlement agreement was approved by the court. But I again made a delay in payment. How will the bank collect money now if enforcement proceedings are terminated?

If the terms of the settlement agreement are violated (payment is not made), the bank has the right to apply to the court to issue a writ of execution. And there will be no way back; it will no longer be possible to re-enter a settlement agreement. Next, the bank can apply to the FSSP with an application to initiate enforcement proceedings under a new writ of execution. The bailiff will initiate new enforcement proceedings and take actions aimed at collecting the debt in the general manner.

Hello, I decided to cancel the court order and continued to pay when the bank submitted for execution the amount under the court order is now higher than the debt on the bank loan. The bailiff refuses to recalculate anything, and the bank does not issue a certificate of offset payments. What should I do? I don’t want to cancel the order yet until the awarded debt is paid off.

Hello! The bank’s obligation to provide information on the debt balance is enshrined in the Civil Code of the Russian Federation and in the Federal Law “On the Protection of Consumer Rights”. Send a written application to the bank to provide information about the balance of the debt, if they ignore it, then write a complaint to the Central Bank, I am sure this will be a good incentive for the violating bank. If you are unable to file a claim with the bank yourself, contact us, we will definitely help.

Hello! I am my sister's guarantor. In 2010, she and her husband took out a mortgage on an apartment, we were family friends and everything was fine. But the relationship began to deteriorate, and we had a fight. I don’t know why I agreed to be a guarantor, where my head was. They stopped paying altogether, there was a trial in September 2017, they summoned me, but the defendants did not appear at all. The money was collected from the guarantor and borrowers and it was decided to sell the apartment at auction. If the apartment is sold at auction, will the guarantor owe the bank or will the debt be closed?

Good evening! If the sale of the apartment covers the entire amount of the debt under enforcement proceedings, then the borrower and the guarantor will not owe the bank anything. If there is not enough money from the sale, then you and the borrower will have to repay the debt. Please note that you have the right to recover losses from the borrower in case of payment of funds under enforcement proceedings.

Good afternoon Please tell me if a writ of execution came to work, but I didn’t know anything about it. I did not receive a summons or any documents. Is it possible now to return the writ of execution and pay the bailiffs directly? I don't refuse to pay.

Free legal advice:

Good afternoon. It will no longer be possible to return the writ of execution; it largely depends on whether the decision was made in person or in absentia. If it’s in absentia, it’s easier to cancel it. If it’s full-time, then you can also cancel it, but it’s not so easy. If you have not received notification from the court, then this may be a good basis for canceling the decision and restoring the procedural deadlines for appealing to a higher authority. At the moment, I see no reason for the bailiff to cancel the deduction order from income. The bailiff is obliged to fulfill the requirements of the enforcement document in a timely manner and is obliged to set a deadline for voluntary execution (5 days from the date of receipt of the decision to initiate enforcement proceedings). After the expiration of the specified period, the bailiff has the right to apply enforcement measures.

Hello, today the bailiffs called me and invited me to an appointment. They explained over the phone that it was a loan issue, although I don’t remember that I had any arrears. I took out a loan in 2011, but I began to doubt that I had not paid everything off. If I am in arrears, the bank must notify me of this before suing. Why didn't you call the court? I definitely should have been summoned with a summons, but they didn’t bring me a summons and didn’t find it in my mailbox? Tell me why they can call me to the bailiffs? If it turns out that the loan is mine, how can I cancel the decision and remove the writ of execution?

Hello, please tell me the situation is this - I took out a loan in 2011, it seems I paid it off, I even have a certificate from the bank dated October 24, 2014 about the absence of debt (this is the only document that has been preserved), but I recently found out that I have a debt, the card I earned was blocked in May month of this year, after which I went to the bailiffs and found out that there was a writ of execution dated December 13, 2013, on its basis, they initiated enforcement proceedings dated May 4, 2017. I provided a certificate of no debt, the card was unblocked, they stopped withdrawing money, but the amount that was on it was about rubles to be returned they don’t want to, the bank says that the one who gave this certificate made a mistake, the bailiffs say that one of them also made a mistake and send them to the bank to sort it out! what to do and what to do?

Good day Sergey! First you need to understand whether there is a debt or not. Ask the bank for an account statement, a copy of the loan agreement, a copy of the payment schedule (it shows the payment amounts and payment dates). Carefully analyze all payments made to determine the presence or absence of debt. If you come to the conclusion that the debt has been fully repaid, then contact the bank with a claim, attach your calculation of the debt to it, and demand that the bank acknowledge the absence of the debt. If the debt dispute cannot be resolved out of court, then file a claim in court. In court you will need to prove the absence of debt. Until you prove that you have no debt, the bailiffs will not complete the enforcement proceedings. If you can prove that on the date the rubles were written off, there was no debt, then the creditor (bank) will be obliged to return the money.

Hello! I took a credit card, always paid regularly, maternity leave came, the payment amount was quite high, I went to the bank to make a restructuring, collected all the necessary documents, because child care is the basis for restructuring, I received a refusal, I couldn’t pay! I’ve stopped making contact for 2 years now! There was a court order, I canceled it! Now I found out that I received a writ of execution! what to do now? I would also like to cancel, is this possible?

Free legal advice:

Good afternoon. You need to try to appeal the judicial act on the basis of which the writ of execution was issued. It is important to know whether the decision was made in person or in absentia by the court (the mechanism for appealing a court decision in person and in absentia is different, and the deadlines for appealing are different). If a decision is made in person, then one month is given to appeal it from the moment the decision is made in full; if an appeal is not filed within the specified period, then the court decision comes into force. As for the default judgment, the procedure for cancellation and appeal is regulated by Art. 237 Code of Civil Procedure of the Russian Federation. In this case, the court sends a copy of the court decision; from the moment of receipt of the decision there is a period of 7 days to cancel the default decision. Canceled, it is considered on its merits and a face-to-face decision is made. The cancellation was refused; there is also a month from the date of the refusal decision to appeal on appeal. The problem is that most likely the deadline for filing a complaint has been missed, which complicates the task. The procedural deadlines for filing an appeal can be restored, but this requires compelling reasons (temporary disability, natural disasters, etc.). It will be possible to completely cancel the decision if the bank’s stated demands are not confirmed when considering your complaint (which is unlikely).

Good afternoon. Please help me understand the situation. The court order was canceled, but the bailiff sent the writ of execution back to the claimant after the court order was cancelled. How to cancel (cancel) a writ of execution? The claimant himself does not give it away.

What to do when bailiffs deduct loan debt from your salary?

According to the court, the debt on the loan was collected from me. The bailiffs sent a writ of execution to my work, and now they are withholding money from my salary. What should I do if I can’t live on the rest of my salary?

Cases of foreclosure on wages are provided for in Article 98 of the Law “On Enforcement Proceedings”:

Free legal advice:

if we are talking about the collection of periodic amounts, for example, alimony;
if the amount of debt is not more than rubles;
if you have no other property or it is not enough to pay off the debt in full.

According to the law on enforcement proceedings, collection is primarily directed to funds (for example, located in the debtor’s current account). Since it came down to deductions from wages, it means that other collection methods tried by the bailiffs did not lead to repayment of the debt, and they did not find any other property on you.

The accounting department at your place of work cannot fail to comply with the bailiff’s request and will be obliged to begin withholding money from your salary immediately after receiving documents from the bailiff. The withheld amounts must be transferred to the deposit account of the bailiffs department within 3 days. And from there the bailiffs will distribute them among all your claimants and transfer them to their accounts. Withholding continues until the entire amount of the debt is repaid.

How much of the salary can bailiffs withhold?

No more than 50% of your salary and other income, regardless of the number of your enforcement proceedings. The amount is determined from the salary “net”, that is, after taxes have been withheld from it. In exceptional cases, up to 70% of salary can be withheld. This applies to debtors of child support for children under 18 years of age, as well as those who are obliged to compensate for harm caused to health, due to the loss of a breadwinner, or damage as a result of a crime.

How can I change the amount of payroll deduction?

1) Offer the bailiff another option for repaying the debt.

According to the law on enforcement proceedings (Part 5 of Article 69), you, as a debtor, can indicate to the bailiff the property that you are asking to foreclose on first. For example, someone owes you money under another enforcement proceeding, or you have property that you are ready to part with and give it to pay off the debt. Write a petition addressed to the bailiff, ask to cancel the foreclosure on your salary and foreclose on your other property (indicate specifically which one).

Free legal advice:

2) Try to negotiate directly with the recovering bank.

In some cases, banks meet halfway and agree to accept a certain amount from the debtor monthly to repay the debt. If you repay the debt consistently and conscientiously, the bank may not take any harsh collection measures and may not ask the bailiff to do so.

3) Try to arrange an installment plan or deferment of execution of the court decision.

If the bank does not cooperate or offers an unaffordable monthly payment amount, you can contact the court that made the decision on your case with an application for an installment plan for the execution of the court decision. The Law on Enforcement Proceedings establishes that if the debtor has been granted an installment plan, the requirements of the writ of execution will be fulfilled only within the framework of the provided installment plan. In this case, you will simply make monthly payments to the bailiffs or the bank according to the installment schedule approved by the court, or this amount will be withheld from your salary.

Information on the topic:

photo: Georg Pik, wikimedia.org

Advice from a lawyer from the Paritet website - protecting consumer rights in Russia.

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6 comments on “What to do when bailiffs deduct loan debt from salary?”

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Loan writ of execution, what next?

Loan writ of execution

You can collect from the borrower the money you paid on his debt and, as part of this process, ask the court to seize his property and accounts to secure the claim. Lawyer 9111.ru Reviews:| Answers: According to the Civil Code of the Russian Federation, until you, as a guarantor, have paid the entire amount of the debt, you cannot file a claim against the borrower. I receive 1/3 of alimony.

The bank won the loan lawsuit - what next?

And in order for this decision to come into force, a certain period must pass, during which the parties who do not agree with the court’s conclusion can appeal it. This period is one month from the date of drawing up the decision in final form (usually the date is indicated in the decision itself). An appeal against a court decision is formalized in the form of an appeal, which is submitted within the prescribed period to the same court that heard the case. Why should you file an appeal? Firstly, an appeal allows you to delay the presentation of a legal claim to the borrower by the bank - after all, until the court decision has entered into legal force and a writ of execution has been issued, the claim cannot be presented. Secondly, it is rare, but it happens that the court of first instance (the same one that made the decision to collect the loan debt) makes mistakes that lead to a worsening of the defendant’s position.

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It is possible that the accounts of the Seed Sokol student organization are located. A month ago, I went to court to make peace with the hospital; they undertook to pay the money, but they never paid; I took a writ of execution from the court! It is important to remember this circumstance, but then still pay and repay the loan if you have a writ of execution in your hands, and periodically stimulate the bailiff with complaints about exactly how the employees of the enforcement service interact with debtors, from that moment you will no longer withhold.

Legal Practice

But how to do that? Submission of the writ of execution to the bank. The legal basis for presenting a writ of execution to a bank or other credit organization directly by the claimant is clause 1 of Art. 8. art. 70 Federal Law “On Enforcement Proceedings” No. 229-FZ dated 02.10.2007 As well as the Regulations of the Central Bank of the Russian Federation “On the procedure for the acceptance and execution by credit institutions, divisions of the settlement network of the Bank of Russia of enforcement documents presented by creditors” dated 10.04.2006 .

Order of receipt and presentation for execution

If you don’t pay, then the writ of execution is cancelled, and you no longer officially work anywhere. Well, if he has unofficial employment, attaching a copy of the writ of execution to it, taxes are paid. For God's sake, what should the chief accountant do in this case is his further actions. We have a lot of paradoxes in our laws; it is a mistake to assume that they are satisfied in proportion to the amount due to each claimant, then restoration takes a lot of time and difficulties, which will remain after the withholding of all taxes, which made a decision on your claim.

A writ of execution at the place of work, how much will be withheld for a loan debt

Only after a court decision can the bailiff send a writ of execution to the place of work and otherwise seek funds to repay the loan debt. When does wage garnishment take place? The bailiff has the right to collect the debtor's wages Art.

98 of the Law “On Enforcement Proceedings”. The law applies in the following cases: A number of agreements provide for the possibility of writing off a certain part of the salary to pay off the debt.

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Important! If you yourself are dealing with your own case related to the statute of limitations on a loan after a court decision, then you should remember that:

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16 comments. Leave new

What to do when bailiffs deduct loan debt from your salary?

How can I change the amount of payroll deduction?

1) Offer the bailiff another option for repaying the debt.

2) Try to negotiate directly with the recovering bank.

3) Try to arrange an installment plan or deferment of execution of the court decision.

photo: Georg Pik, wikimedia.org

Advice from a lawyer from the Paritet website - protecting consumer rights in Russia.

Paritet.guru

Latest posts by Paritet.guru (see all)

Comments:

6 comments on “What to do when bailiffs deduct loan debt from salary?”

Loan writ of execution, what next?

Loan writ of execution

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