Perhaps, if you are interested, what does FSSP mean, then in your life not everything is smooth. This is the very service that no debtor would want to deal with. And yet our world is subject to certain norms, including legislative ones. Bailiffs carry out the execution of judicial acts, and thereby maintain order in society.
What is FSSP
To begin with, let us denote that FSSP decoding sounds like “federal bailiff service”. In ordinary life, employees in positions in this government agency are referred to as “bailiffs.” Their work consists in the execution of decisions made by a court of general jurisdiction or arbitration, as well as other bodies. The higher authority is the Ministry of Justice of the Russian Federation. The President of Russia directs the activities of the service.
The status, duties and powers of bailiffs are determined by the Constitution of the Russian Federation, the Federal Law by legislation 229 and 118, as well as other local acts of the Federal Law and the Ministry of Justice.
What tasks does the FSSP solve
In fact, you need to understand that the FSSP – This executors of decisions not only of courts, but also of other instances. The tasks of the FSSP are multifaceted:
- Maintaining order in courts. Employees bring in and take out the accused, carry out the pass of citizens.
- Implementation of the execution of decisions, start enforcement proceedings, search for debtors.
- Evaluation and seizure of the debtor’s property.
- Management of some territorial bodies.
- Maintaining state register of legal entities whose activities are aimed at the return of overdue debts.
- Controlling the activities of collection agencies.
The division of bailiffs is the same state power as the police or tax authorities.
The rights of bailiffs
In the course of their activities, bailiffs have the right to:
- Send and receive inquiries about the status of accounts of individuals in banks.
- Collect information about the debtor and his property by all legal means, sending requests to various authorities, etc.
- Get access to the personal data of production participants.
- Obtain information about the financial situation of the debtor from his employer.
- Monitor the implementation of company accounting regulations.
- Sending orders that must be executed. For example, the guarantor may oblige the bank to freeze the debtor’s accounts.
- To enter the housing, storage of the debtor, if necessary, open the premises. Inspect it for the presence of property.
- Arrest, seizure and sale of property, personal belongings of the debtor in order to pay off the debt.
- Announcement on the wanted list of the debtor, his property for the purpose of his arrest.
Structure of the FSSP
Appeared definition of the FSSP of Russia in 2004. Since then, the service has been structurally represented by the central office of the Russian Federation and regional bodies, which are divided into 8 districts. The chief bailiff of the country is responsible for organizing the work of the Federal Service. He issues orders and orders relating to the activities of the state body.
Deputy directors supervise various areas of activity of the FSSP. The central apparatus of the organ includes 2 departments. They are aimed at communication with the media and at maintaining state secrets.
Debts to the FSSP
People get into debt for a variety of reasons. This includes non-payment of fines, state duties, and taxes. The service will work with persons who evade the payment of alimony and have overdue debts to banks and other financial institutions. In order to seize property from a debtor, freeze accounts, etc., bailiffs must have a court order.
After the bailiffs have sent a notice to the debtor, he has 5 days to pay the established amount of the debt. If funds are not received within the specified period, then an additional fee is imposed – 7% for debts of 10,000 rubles. Also, bailiffs have the right to make it impossible for the debtor to travel abroad.
How to know if you are in debt
It also happens that the debtor does not even know that a writ of execution has been brought against him. This unpleasant fact becomes clear when bank accounts are arrested, or when a person cannot travel outside the country.
Meanwhile, information about debts is published by the bailiff service in the public domain. If you wish, you can find out the debt of a person or organization using the website of the FSSP of the Russian Federation or on public services. Sometimes it is useful to make inquiries when making deals with new partners, hiring a new employee for a job, etc.
To obtain data from the bailiffs website, you will need to proceed to the following steps:
- open the fssprus.ru portal;
- go to the “Services” page;
- in the menu list, click on the line “Data Bank”;
- choose the status of a person – natural or legal;
- for an individual, you must specify the region, full name, date of birth. For legal entities, enter the address of the company and its name;
- click on the “Find” button.
If you know the number of enforcement proceedings (IP) or document (ID), then you can search for it. Registration when requesting data on the official website of the FSSP is not required.
To find out the presence or amount of debt on public services, you need to log in to the portal. Next you will need:
- open the “Services” section;
- select the “Security and Law and Order” tab;
- click on the line “Judicial debt”;
- indicate your status: “debtor” or “participant”;
- then the system will make a request to the FSSP database and report on current and completed productions.
Here you can also see the amount of debts, find out on which the account or property of the FSSP has been seized. Also on the site you can specify the date of payment of payments, etc.
What are bailiffs entitled to when collecting a debt?
Even if enforcement proceedings have been started, this does not mean that the recoverer will receive the entire amount of the debt from the debtor. Bailiffs are not omnipotent – they have both rights and restrictions.
When collecting a debt, the FSSP receives information about the debtor’s accounts by sending requests to banks. If they are, then the amount necessary to pay off the debt is removed from them. If there is no money in the accounts, then they are arrested, and they go “in the red.” For example, you owe 100,000 rubles, and you have 2,000 rubles on your card. The amount on the balance will be displayed as -80,000 (100,000 rubles – 2000 rubles). The account will be in this state until you deposit the entire required amount. Also bailiffs can seize securities and accounts in foreign currency, precious metals.
If the debtor is employed, then the ID is sent to the place of his work. In this case, 50% will be withheld from the salary in favor of the claimant. Sometimes the court allows withdrawals of up to 70%, for example, when it comes to alimony.
If no funds are found from the debtor, then the seizure of property begins. The defaulter may lose property, car. At the place of residence of the debtor, bailiffs can seize certain items, things: household appliances, gadgets, jewelry, mobile phones, interior items.
When executing the proceedings, the bailiff draws up an act of described property, which is signed by witnesses. Arrested things may remain in the debtor’s apartment until they are sold. When the debt is repaid, production will end.
What property bailiffs cannot take from the debtor
The bailiffs cannot take the debtor’s housing if:
- it is in a mortgage;
- the only property;
- worth much more than the debt.
Representatives of the FSSP may not seize all things. You can not take away things that are used to meet the minimum household needs: stove, refrigerator, table, chairs. But, for example, they have the right to take away a microwave and a washing machine. Also, your bed will not be arrested, but a sofa or chair is completely.
Farm animals are not confiscated from debtors if they are bred not for commercial, but for personal purposes. Firewood, coal, food, medical equipment necessary for survival are also not subject to arrest.
At the moment, the debtor’s income in the amount of the living wage is protected from recovery. Also included in the list of inviolable assets are:
- alimony and payments transferred to children;
- survivor’s pension;
- maternity allowance;
- compensation for damage to health;
- one-time payments from the employer (for example, business trips);
- insurance coverage;
- payment of social pensions and benefits (except for old-age pensions);
- maternal capital.
Some other types of accounts, for example, credit ones, can also be arrested. The trouble is that bailiffs often do not understand the types of accounts and sources of money. If funds that are on this list have been withdrawn from you, you need to file a complaint with the FSSP.
What happens if the debtor has nothing to withdraw?
It also happens that the debtor has nothing to seize. For example, he lives in a mortgage apartment on some kind of allowance. The bailiff performs all his duties – he searches for property, sends requests to various authorities, but no property is found with the defaulter. In this case, an employee of the FSSP may restrict the debtor in driving a vehicle, traveling abroad. Also, the representative of the authorities has the right to impose a ban on registration actions on the only housing – it cannot be donated or sold.
Ultimately, the bailiff closes the enforcement proceedings. However, the debt does not disappear. The surveyor has 3 more years to send him to the bailiff service. If during this time the debtor goes to work or retires due to old age, then the investigation will be directed to these incomes. The way out of this vicious circle may be to write off the debt because the debtor does not have property that can be foreclosed.