Cheat sheet for an accountant: deductions based on writs of execution

Accountant's work with writs of execution

The first stage of writing off debt by bailiffs is drawing up a writ of execution and submitting it to the accounting department of the organization where the citizen conducts his work. The document is transferred to the person responsible for the work of the department or the immediate manager of the company (small enterprises, especially individual entrepreneurs, may not have an accountant.

The process of working with writs of execution consists of the following actions:

• checking the correctness of the contents of the document and its authenticity;
• registration of the writ of execution in the internal accounting of the organization;
• sending notifications to interested parties.

The writ of execution is in hand, what to do next: where to go

The legislative acts in force on the territory of the Russian Federation define the following possibility: the person collecting the debt from the defendant has the right to independently take any actions aimed at obtaining the financial resources due to him.

We present a list of actions that a plaintiff who wins in court can take after receiving a writ of execution.

Option one. The legal recipient of the collection has the right to go to the bank in which the debtor opened an account and demand that the defendant's deposit be partially or fully written off in his favor. To do this, you need to have reliable information regarding the following nuances:

• you need to know whether the debtor has a valid account;
• have information about which credit institution the person you are looking for opened an account with.

Provided that you have all the information listed, you have the right to draw up an application for debt forgiveness, bypassing the debtor himself, by contacting directly the employees of the banking organization itself

The second option is to apply for a writ of execution at the debtor’s place of employment and request that the debt be written off from his salary. At the same time, it is important to take into account the following point: the commission of the required action becomes possible only when the total amount of funds to be paid from the debtor to the plaintiff does not reach 25 thousand Russian rubles.

The third option implies that if the amount of the debt is less than 25 thousand units of the national Russian currency, the plaintiff can apply not only to his place of work, but also to other organizations that pay the debtor various financial assistance, for example, to the Pension Fund of the Russian Federation.

To whom is the writ of execution sent?

At the state level, a special structure has been identified and created that is responsible for enforcing compliance with the requirements presented in a writ of execution issued by a court or other authority. This structure is called the Federal Bailiff Service.

Employees of the required service exercise control over the implementation of court decisions. This process is initiated upon the application of the party to the proceedings collecting the debt, after receiving which the bailiffs initiate the initiation of proceedings to fulfill the requirements presented by the court.

The required application, mentioned in the previous paragraph, can be submitted for execution by the FSSP:

• direct participants in the proceedings;
• their proxies.

If for some reason the plaintiff is not able to independently write an application to initiate enforcement proceedings, he needs to entrust this to a loved one who will act as his representative. Of course, expressing trust in the preparation of a document with words alone is not enough; you need to contact a notary and, according to all the rules, certify the right of a particular person to exercise representation.

Indicate all the nuances in the petition for the Federal Bailiff Service

In the petition sent to the Federal Bailiff Service, additional nuances can be indicated. For example, to ensure that your demands are guaranteed to be fulfilled by the person who owes you money, in some situations you can demand the seizure of property belonging to him.

As soon as the application is drawn up, send it to the specific branch of the enforcement service corresponding to the place of official registration or residence of the person who owes you, or the legal address of the organization.

The nuances of carrying out the enforcement procedure to demand compliance with the points of the writ of execution will vary depending on who the defendant in your case is:

• an individual;
• any organization.

In the table below we will consider what is meant in this case.

Table 1. Differences in the procedure for collecting funds from organizations and individuals

Video - How to submit a writ of execution to bailiffs of the Federal Bailiff Service

Process flow

When the bailiff first receives documents related to your case, they essentially initiate the enforcement process. At this moment, the FSSP employee draws up and writes out a document stating the initiation of a production process that has an executive focus. Since the required paper is sent to the person who owes you for review, it must also contain the following information:

• the period allotted to the defendant to voluntarily fulfill all the points specified in the document;
• a warning about the initiation of forced receipt of money due to the plaintiff or the fulfillment of other requirements of a property or non-property nature from the voluntary fulfillment or failure to fulfill the requirements on time.

Since we are usually talking about the payment of a specific amount, debtors, for the time allotted to them by law, must somehow collect it and return it to the owner. The required time period is normally no more than five days from the moment the person who owes you received notice of the commencement of enforcement proceedings against him and became familiar with the information contained in it.

How to contact the bailiff service to collect a debt

When you fill out the application necessary for the FSSP representatives to initiate the production process based on the sheet you submitted with the requirements determined by the court, you will need to indicate the following nuances in its text.

1. First of all, write down on the paper the details of the FSSP department to which you will take the required document.
2. Next, you will need to write the name of the court that made the decision on your case and issued the writ of execution, on the basis of which you are now making an appeal.
3. Rewrite the court case number correctly.
4. Indicate the date of the application and sign. As we have already said, not only a direct participant in the trial, but also his official representative, whose powers are confirmed by a notary, can draw up and submit a document. If it was he who signed the document, you must attach a copy of the power of attorney to the application.

If the debt collector does not have information regarding the place of residence of the debtor, then he has the right to contact the court system and make a request to send a document with an attached list of requirements submitted for execution to the territorial branch of the Federal Service of interest to us.

How to properly interact with service representatives

After the executive service receives the package of listed documents from you, it will launch enforcement proceedings. The period allocated by law for starting a case is three days.

If the requested application was made for the first time, the bailiff assigns the debtor a period for voluntary implementation of the requirements presented to him, equal to five days from the date of receipt of the notification and familiarization with it.

In the event that the requirements are not fulfilled on a voluntary basis within the specified period of time, the official collection period begins, which by law is two months. Those periods during which:

• collection was suspended;
• the process was postponed.

Consequences relevant to the debtor during the course of the process

According to statistics, on the territory of the Russian Federation, debt repayment under a writ of execution rarely happens quickly, despite the fact that the debtor who has overstayed the time allotted to him will face very unpleasant consequences. For example:

• payment of enforcement fee - an additional penalty imposed on the debtor due to the fact that the bailiff is forced to visit the debtor and remind him of the payment of funds (for individuals the minimum amount is one thousand rubles, for legal entities - ten thousand);
• blocking bank cards and accounts opened with credit institutions, etc.

What can you, as a person seeking the funds you are entitled to, do to speed up the development of events and the receipt of the funds due to you? Here's what:

1. Provide the Federal Bailiff Service with as much information as possible regarding the debtor:

• tell us about his financial condition;
• indicate the credit institution in which he has an account;
• tell me the address of his place of residence or legal address if the debtor is any organization.

The more information the bailiffs working on your application and writ of execution have, the faster they will find the debtor and be able to collect from him the funds due to you.

2. Remind the bailiffs as often as possible of your existence and the existence of the case for which you still have not received the funds due to you. Whatever one may say, even the most well-functioning state system employs ordinary people, for whom the human factor plays the same serious role as for salespeople, or, for example, office workers. Moreover, it wouldn’t hurt to have respectful communication during meetings with the bailiff. Despite the official reason for the meetings, a good attitude is another reason to speed up the resolution of the case regarding your issue.

3. The claimant has the right to demand updating of requests sent to branches of banking systems or other organizations. Since you are acting in his role, hurry up to do this, since in this way you will speed up the deadline for receiving the funds due to you, determined by the court to be withheld from the person who owes you.

In what cases can a bailiff refuse to initiate enforcement proceedings?

Despite the fact that, by law, bailiffs are required to initiate enforcement proceedings when the relevant papers are handed over to them, there are a number of situations in which they have the right to refuse you.

Can the recovering party obtain a refusal to initiate a case?

Notification of refusal occurs within three days from the moment the organization receives the papers you submitted. Let's look at the possible reasons for receiving a refusal in the list below.

1. If the documents necessary to start the process were transferred to the service without an accompanying statement drawn up by the collecting party or a person representing it, then the service employees have every right to refuse to initiate the process to recover the funds due from the debtor.
2. Provided that the documents were submitted by you, but not endorsed by your signature or an authorized person carrying out the required procedure for you on official grounds, you will also be refused.
3. If the documents you collected were not presented at the place where enforcement actions were taken, the process will not be initiated, and you will receive a corresponding notification about this.
4. If the period given by the court for presenting work on the writ of execution issued to you is exhausted and is not restored at your request, the case will not be started, since at that time the paper basis for its initiation will already be considered invalid.
5. Proceedings also cannot be initiated based on a document that is not of an executive nature, since the required paper does not initially comply with the legislative requirements for this purpose.
6. If the required writ of execution has already been submitted for execution, and the production process on it was stopped earlier due to the emergence of legal grounds, re-initiation is impossible.
7. If the act issued by the court working on your case has not entered into force, while being: a writ of execution or the basis, due to the existence of which the writ of execution was actually issued. The only exceptions to this category can be those papers of an enforcement nature, the specified requirements in which must be enforced directly upon the announcement of the court decision, that is, immediately. However, if such cases are presented, the bailiff will not refuse to initiate a case.
8. If the presented executive document, according to the laws in force in our country, cannot be executed by representatives of the FSSP.
9. If a document presented to the service for processing and initiating a case was submitted for execution with any violations of legislative acts, its acceptance and work with it will be refused.
10. If the writ of execution contains requirements for:

• the return to the territory of Russia of the plaintiff’s child, who was illegally moved beyond its borders;
• the return of a child held by the defendant on the territory of our country;
• exercise of access rights regarding the child in question.

According to the international agreement of the Russian Federation, citizens have the right to count on the initiation of enforcement proceedings in such cases. The refusal will be made only in the case when the child has reached the age threshold when the effect of the sought agreement on him ceases.

When a representative of the Federal Bailiff Service decides to refuse to initiate enforcement proceedings, he must do the following:

• issue a corresponding resolution;
• make a copy of it;
• send the document with the attached papers submitted for processing by the recoverer of funds directly to the person in question, as well as to the court or other authorized body responsible for issuing the writ of execution.

Citizens have the right to eliminate the circumstances listed above. Of course, this may not be the case in every case. Which one is yours, you can check directly with the court or with the same bailiff who refused to initiate the case. After the circumstances preventing the initiation of enforcement proceedings have been eliminated, you have the right to re-submit the same writ of execution and application to the FSSP in accordance with the procedure established by law.

Checking the writ of execution

Before registering a writ of execution, the accountant must check it for falsifications and errors. This rule applies to any documents. The contents of the sheet sent by the bailiffs must include the following information:

• details of the judicial institution where the sheet was issued (full name, address, contacts);
• Full name and position of the person who compiled the document;
• details of the court case (registration number, date of commencement of proceedings and date of verdict);
• a summary of the decision made by the court;
• date of entry into force of the verdict;
• date of issue of the sheet from the file;
• Full name and other details of the citizen who is the debtor;
• signature with transcript and position of the employee who compiled the document.

Conditions and procedure for filing a writ of execution by the claimant

Presentation by the claimant independently of enforcement documents within the framework of Art. 9 Federal Law dated 02.10.2007 N 229-FZ is possible only if the following conditions are met:

• the amount of claims does not exceed 100,000 rubles (as amended by Federal Law No. 539-FZ dated December 27, 2018 “On Amendments to Article 9 of the Federal Law “On Enforcement Proceedings”);
• the organization (including the employer) makes payments on a periodic basis;
• There are no restrictions on the type of income received by the debtor on foreclosure within the framework of Art. 101 Federal Law dated October 2, 2007 N 229-FZ.

If the specified conditions are met, the claimant has the right to independently submit a writ of execution to the organization paying the debtor funds. The original writ of execution must be accompanied by an application drawn up in accordance with the rules of Part 2 of Art. 9 Federal Law dated October 2, 2007 N 229-FZ and containing, in addition to the name of the organization to which it is sent, the following details:

• data of the creditor allowing him to be identified, including:
• for an individual - full name and information of an identity document (for example, series, number, by whom and when issued for a passport);
• for a legal entity - full name, legal address, INN and OGRN (for foreign organizations information about the place of registration);
• details of the account to which the income withheld from the debtor should be credited (the legislator provides the opportunity to indicate the address to which funds can be transferred, for example, in the absence of a bank account).

If the amount of recovery is subject to mandatory indexation by law, then the organization to which the writ of execution was submitted is obliged to carry it out. In this case, an appropriate order or instruction must be issued.

The refusal of the employing organization to accept enforcement documents from the claimant, subject to compliance with all the above requirements, is illegal. These persons may be forced to execute and foreclose on the debtor's income in court.

Sending notifications

The employer must send written notifications of the fact of receipt of the writ of execution to:

• the employee in whose name the document is issued;
• the bailiff service employee responsible for the debt collection process;
• to the citizen or organization in whose favor the debt is written off.

IMPORTANT:

An accountant or other responsible employee is only obliged to notify the debtor of receipt of the writ of execution. He is not required to inform him of each upcoming withholding of income.

The procedure for presenting a writ of execution at the debtor’s place of work by the claimant

If the writ of execution meets the requirements established for their presentation to the employer, then the writ of execution can be brought directly to the place where the debtor carries out work and presented to the accounting department, you can also send it by mail, or entrust the presentation to your representative, providing him with the appropriate power of attorney.

Simultaneously with filing the writ of execution, you will need to write a statement; its form is free, but must contain a number of certain details:

• Full name of the claimant, his passport details;
• bank details for transferring money or indicating the address to which funds should be sent via postal order;
• if the executive document is presented by a representative, then in addition to the above information and the power of attorney, he will need to present his passport.

A sample application can be viewed here .

Important! If the writ of execution is sent to the claimant’s place of work, then the original writ of execution is presented.

Return of the writ of execution

The copy of the writ of execution received by the accountant is stored during the entire period when the debt is collected from the debtor. As soon as the employer stops writing off money, he will be required to send a copy back to the local FSSP office. This should be done if:

• the debt has been paid in full;
• the employment contract between the citizen and the organization was terminated;
• the claimant filed an application to revoke the sheet;
• a resolution was received from the bailiffs, according to which the FSSP terminates the enforcement proceedings.

The time allotted for returning the document is limited. The organization is obliged to return the sheet no later than the next day from the date of its receipt (excluding weekends). For example, if the reason for the return appeared on Thursday, then the sheet must be returned on Friday. If the document was received on Friday or Saturday, then the deadline for return is Monday.

Employer Responsibilities

As already mentioned, the organization is obliged to make deductions from the employee’s earnings according to executive documents in accordance with Article 98 of Law No. 229-FZ.
Also, on the basis of Article 109 of the RF IC, the administration of the organization at the place of work of the person obligated to pay alimony: