How long can bailiffs collect a debt? What to do if the loan debt is with the bailiffs

“Sue,” is a phrase that can often be heard when various situations arise. Most people have a certain cliché in their minds. They think that the court is a guaranteed source of money back: alimony, business debts, loans and much more. But they forget or do not know one legal concept: the statute of limitations for enforcement proceedings. There are situations when it is impossible to collect a debt through court. Of course, many people consider this rule unfair, especially creditors. However, this is the law. What is the statute of limitations for enforcement proceedings? How is it determined and from what moment is it counted? This will be discussed in this article.

Concept

The statute of limitations for enforcement proceedings does not need to be equated with the concept of a statute of limitations. These are different things, despite the similarity of the name. Let's look at the differences.

The statute of limitations is the time given to file claims in court after a certain situation. For example, the debtor took a certain amount of money and did not return it on time. The Civil Code determines that the creditor has the right to go to court. However, if he does not do this within the next three years from the moment the debt was not returned to him, then the court may refuse his demands. Of course, this will need to be done at the request of the defendant, but these are nuances. The main idea is that a creditor cannot wait, say, ten years and then decide to sue. He has the right to sue within a certain time. This is called the statute of limitations. It is different in each specific case. For example, when an employee is dismissed from an enterprise, they are given only one month to challenge this decision, even if it was indeed illegal. The court will not even consider this issue if more than a month has passed. Of course, there are nuances in restoring the right to serve, but that is a completely different topic.

The statute of limitations for enforcement proceedings is the time when the trial has already taken place. Most people think that after this the debtor will hide from the bailiffs for the rest of his life until he finally pays off. After all, it is mandatory for execution. However, this is not entirely true. Let's look at the statute of limitations for enforcement proceedings on a loan. This issue is relevant today, since many court decisions have been made recently, and the bailiff service has literally been inundated with writs of execution. More on this below.

Loan court, is it possible not to pay?

The law obliges debtors to pay creditors. However, there is a statute of limitations for enforcement proceedings on a loan. It is three years. However, the main mistake is made by citizens when determining it. It all depends on whether the debtor received the writ of execution in hand. If not, then the statute of limitations is calculated a little differently. Let's consider these two cases.

The writ of execution was not served

Let's assume that a person took a loan from a bank and did not pay it back. The latter went to court and won the case. In this case, he is given a writ of execution. It must be delivered to the debtor within three years. However, you need to understand that this is not the statute of limitations for the bailiff. If within three years the debtor is not served with a writ of execution, then we can assume that he has been forgiven. In this case, re-appeal to the court is impossible.

Personal delivery of the sheet is required

You need to understand that the writ of execution must be served in person. This also applies to marking registered mail. If it exists, but the debtor has not been found, then it is considered that the writ of execution has been received. All claims in this case must be sent to the postal service. It is important to know that notification by telephone or email is not permitted.

The writ of execution was handed over

If the writ of execution is nevertheless served, then the creditor turns to the bailiff service. Based on this, production is started. The Federal Law “On Enforcement Proceedings” describes all these points in detail. Bailiffs are given 2 months to take measures to block bank cards, seize property, etc. This is the statute of limitations for enforcement proceedings (loan). The issue of the effectiveness of the service, of course, still causes controversy. There are cases when the debtor did not even hide from them. He lived at his own address, had property, and kept his entire official salary on bank cards. However, we will not discuss the issue of the effectiveness of bailiffs.

The writ of execution is returned to the creditor on the following grounds:

the debtor has no property;
the debtor cannot be found;
the claimant (bank) refuses to keep the seized property.

Final write-off?

If the bailiffs returned the writ of execution to the creditor with the appropriate note, this does not mean for the debtor that everything is over. It’s too early for him to drink champagne, but the claimant shouldn’t despair. Another three years must pass after the sheet is returned.

Run a little

Let's simulate the situation to understand the overall picture. The man stopped paying his debts in March 2016. The creditor has the right to sue within three years. Let’s say he filed in February 2019, the trial took place in June. Now the creditor has three years to serve the writ of execution on the debtor. He sends it by registered mail in March 2022. The fact that you received it does not matter. After this, he turns to the bailiffs. Six months later he receives an answer that there is no way to collect the debt. Let us remind you that we are already in September 2022. And only after September 2025 can the debtor rejoice that he has been forgiven. Whether it is long or not, everyone decides for themselves.

If the creditor again turns to the bailiffs within three years after the return of the writ of execution, then the period is interrupted. Everything happens again. This could go on forever. Fair or not, this is the law that determines the statute of limitations for enforcement proceedings in Russia. Let's look at other situations related to this concept.

Statute of limitations for enforcement proceedings: traffic police fine

The statute of limitations for traffic police fines is the execution of a decision imposing an administrative penalty. It is one year from the date of the decision (Article 31.9 of the Administrative Code). However, if the driver violated the rule, then employees have only two months to initiate administrative proceedings. This happens extremely rarely. Basically, you can be sure that if you violate traffic rules, it will not go unnoticed. Traffic police officers are required to produce results, the so-called “involvement plan.” Therefore, you can be sure that they will have time to carry out all the relevant procedures within two months.

Do not forget that if the driver is stopped again, they will check the database for unpaid fines. In this case, traffic police officers can attract the defaulter under Article 20.25 of the Code of Administrative Offences. This will result in a new fine equal to double the previous one. Officers can also apply arrest for up to 15 days.

Non-payment of alimony

The statute of limitations for enforcement proceedings on alimony worries many in our country. We have one of the most voluminous debts to our children. There is no statute of limitations for it. Alimony workers are a headache for bailiffs. They “hang” in the database constantly. They constantly have to make readings.

The obligation to pay alimony begins after a claim is filed in court. Therefore, at the same time, during a divorce, you need to immediately write such a petition. Mothers naively believe that alimony payments start to roll in automatically. In exceptional cases, the court recovers from the ex-spouse for the previous three years, but no more. You cannot come to court after 10 years and demand alimony for the entire time.

In the event of the death of the debtor, his debt recorded at the time of death is transferred to his heirs. That is, he moves from the category of “family” to “civil”. The testator's ex-wife has the right to demand debt from the heirs. This is the position of the Supreme Court of the Russian Federation. However, we should not forget that now the debt is regulated according to the rules that we have already described for loan agreements. Ignorance of this norm sometimes costs citizens dearly. They think that if the heir has been recognized as having a debt of alimony, then they can also hope for lifelong work of the bailiffs in relation to the new person. This is based on the position of the Supreme Court of the Russian Federation, which was reflected in the review of judicial practice for the 3rd quarter of 2016.

Statute of limitations for enforcement proceedings in a criminal case

When it comes to criminal cases, many people often make mistakes when defining the branch of law. For example, a person committed a theft and caused damage to the victim. For this he received a sentence of imprisonment. However, it is worth clarifying that the very act of taking away things is a criminal act, and damage relates to civil law. The court's imposition of a preventive measure with payment of damages means that the convicted person was immediately subjected to punishment from two branches of law: criminal and civil. It all depends on the specific case. Each dispute is purely individual. As for causing harm to life and health, there is no statute of limitations.

The reasons for not repaying a loan can be very different, but the consequences, unfortunately, are the same for everyone. After unsuccessful attempts to collect the problem debt on its own or with the help of collectors, the bank takes the case to court. After 2-3 months of legal proceedings, provided that the loan agreement and all documents are drawn up in the manner prescribed by law, the court makes a decision on forced repayment of the debt. Bailiffs take on the job. We will tell you further about how events may develop further and what rights bailiffs have.

Basic laws regulating the activities of bailiffs

If the law is on the side of the bank, the defendant, in accordance with the Civil Procedure Code, is given a month to appeal the decision. 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. 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” dated 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. In order not to get into an unpleasant situation and not to break the law, it is important to know what the bailiff can do to collect the required amount of debt. More about this in more detail.

Rights of bailiffs

The main goal of the bailiff is to take all measures permitted by law to enforce the court decision, that is, to collect the amount of overdue debt, interest and penalties. The bailiff has the right to collect all necessary information about debtors, announce and independently search for their property. You will not be able to hide your car, apartment, dacha, etc.: the bailiff has access to all the necessary databases and will first send queries to them to find out what you own.

In order to enforce a court decision, the bailiff is given the right to:

Collect information from banks about whether you are their client (all accounts may be seized in order to subsequently write off funds from them to repay the debt).
Contact your employer to find out the amount of salary you receive.
Come to your home on weekdays from 6 am to 10 pm. You have no right to interfere with the bailiff, and besides, you shouldn’t do this: within a few hours he will receive the appropriate court ruling and knock down the door, with the support of the Ministry of Emergency Situations employees.
Arrest identified property, confiscate it, transfer it to storage and sell it. The bailiff may even use your car to remove the seized property: in this case, you will not be able to stop him.
Enlist the support of the police, security services, internal troops, etc. – unlike the situation with debt collectors, the police always take the side of the bailiff (if he did not break the law - did not threaten you, did not bother you at night, etc.).

Having become familiar with the rights vested in bailiffs, let us consider exactly how employees of the enforcement service interact with debtors.

What you need to be prepared for after the start of enforcement proceedings

Immediately after the start of enforcement proceedings, the bailiff sends the debtor a copy of the relevant resolution. Debtors are also given the right to voluntarily execute a court decision within a certain period (usually 5 days): the letter will indicate the details and amounts that need to be transferred (this includes the enforcement fee). If you do not want or cannot voluntarily repay the debt, a bailiff will come to you within 2 months from the date of receipt of the letter (he is not obliged to notify you of his visit in advance).

The bailiff must have with him documents certifying his official powers, certified by the signature of the head of the department and the seal, he must be dressed in a special uniform.

You should not avoid communicating with the bailiff or behave rudely: for this you can be punished in accordance with Article 17.8 of the Code of Administrative Offenses “Obstruction of the lawful activities of a bailiff while on duty.” In addition to the fine, which is provided for in Article 17.8 of the Code of Administrative Offenses, the provisions of the Criminal Code may also be applied to you. Thus, according to Article 319 of the Criminal Code of the Russian Federation “Insulting a representative of authority”, rudeness towards a bailiff is punishable by 180 hours of compulsory labor or correctional labor for 6-12 months.

Please note that debtors who agree to conduct a constructive dialogue with the bailiffs have the opportunity to obtain a deferment. You will be given a period during which you can voluntarily repay the loan, avoiding the procedure of confiscation and forced sale of property. According to paragraph 1 of Art. 203 of the Civil Procedure Code, the debtor can file an application with the court asking for a deferment of payment: if the executive service does not object, the court will rule in your favor. According to the law, if the borrower is granted a deferment or he voluntarily repays the debt, the bailiff has no right to disturb him.

Of course, there are situations when borrowers immediately understand that they will not be able to pay off their debts. In this case, they need to be prepared for the procedure of forced sale of property, seizure of accounts and writing off part of the debt from wages. We will tell you how these unpleasant procedures are carried out in

How to negotiate with bailiffs to pay the debt in installments, perhaps, inveterate debtors know very well. And we will tell you how to do this in accordance with all standards and requirements.

When a loan debt is transferred to bailiffs for enforcement, many debtors are interested in how to negotiate with the bailiff on installment payment. This pressing issue is connected, first of all, with the fact that not all borrowers are able to repay their existing debt in an instant, especially if it amounts to more than one hundred thousand rubles. Based on the provisions of Federal Law No. 229, bailiffs can seize the property and funds (income) of the debtor to pay off the debt if the latter does not fulfill the demands of the executor on time.

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In the provisions of paragraph 12 of Art. 30 of this law states that as soon as the debtor receives a resolution to initiate enforcement proceedings, he can pay the debt on a voluntary basis within five days. If this is not done, the provisions of Article 69 may be applied and the bailiffs will begin search activities aimed at searching for material assets, property, and income of the borrower. In addition, they are authorized to prohibit a debtor citizen from traveling outside the state or limit other special rights. To avoid these troubles, it will be useful for the debtor to know how to get an installment plan and pay off the debt in installments according to an acceptable schedule.

Debtor's actions

What a borrower definitely shouldn’t do is isolate himself and avoid contact with bailiffs, hoping that in this way he can get rid of the loan debt. Such behavior will only aggravate the situation and then it will no longer be possible to agree on an installment plan. Therefore, to successfully resolve the issue, it is better to use the right granted by the legislator. Namely, Article 203 of the Code of Civil Procedure of the Russian Federation provides that participants in the process can receive an installment plan to fulfill the requirements of a court decision and pay the debt in installments. To realize this possibility, the debtor must apply to the court with a corresponding application. This method is considered the most optimal for repaying loan debt and will avoid financial and property losses.

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If the debtor receives an installment plan, his credit debt will be divided into parts. During the allotted period for repayment, the borrower should not be afraid of the use of compulsory collection measures by bailiffs, since they do not have the right to do so on the basis of Part 2 of Article 37 of the Federal Law “On Enforcement Proceedings”.

What to do to get an installment plan

If the borrower understands in advance that the amount of the debt is too large to be repaid in full, then it is strictly not recommended to wait for the bailiffs to visit in order to agree with them on an installment payment, as this can only waste time. The correct way is to appeal to the judicial authority, which made a decision to collect the debt in favor of the creditor. The debtor must draw up an application requesting the opportunity to pay the debt in installments. This right is provided for in Art. 434 Code of Civil Procedure of the Russian Federation. Moreover, it is better to do this immediately after receiving the decision to initiate enforcement proceedings, until the five-day period for voluntary execution has expired.

What to write in the application

Based on Article 434 of the Code of Civil Procedure of the Russian Federation, not only debtors can apply for an installment plan. Bailiffs and collectors also have this right. When considering the issue, the court first of all pays attention to the circumstances that make it difficult to comply with the requirements of executive acts. Therefore, in order to receive an installment plan, it is important to state your request in a reasoned manner.

The application must be submitted in writing and must contain the following information:

the date of the court's decision, which determined the collection of debt under loan obligations;
amount to be repaid;
indicate when the decision came into force;
name the parties to the case;
clearly formulate the circumstances that make it difficult to pay off the debt in a lump sum, so it is necessary to obtain an installment plan;
repayment terms, amount of monthly payments;
date, signature. If the interests of the debtor are represented by a human rights defender, you must attach a copy of the power of attorney.

Common reasons for which you can apply for an installment plan:

dependents are supported;
lack of permanent work;
expensive treatment;
unstable financial situation;
other grounds from which the material insolvency of the debtor is determined.

Of course, all the reasons stated in the application must be documented.

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Attachments to the application:

copies of statements for participants (executor, claimant, guarantors);
documentary evidence;
You can draw up a schedule based on your financial capabilities, according to which the debt will be paid to the creditor.

If the borrower does not independently provide a schedule, then the court determines the procedure, terms and monthly amounts based on the case materials, taking into account the opinions of the parties.

Review results

Based on the results of consideration of the application, the judicial authority issues a decision by which:

satisfies the petition - the debtor managed to obtain an installment plan for the specified period;
refuses to satisfy the requirements due to insufficient justification. In such circumstances, enforcement measures will be applied to the borrower.

If the issue is resolved positively, the debtor’s main task is to regularly make payments according to the established installment schedule. Then neither the creditor nor the executors have the right to demand that the borrower repay the debt ahead of schedule or in amounts other than those determined by the court.

Installment plan under a settlement agreement

In order to prevent the initiation of enforcement proceedings, even at the stage of legal proceedings, the borrower can try to negotiate with the lender on the provision of installment plans for loan obligations. This method is implemented by concluding a settlement agreement between the parties on the basis of Article 39 of the Code of Civil Procedure of Russia. And if enforcement proceedings have already been opened, then, guided by Article 50 of Federal Law No. 229, the debtor and creditor can also apply to the court to approve the settlement agreement. If the participants reach conditions that suit everyone and do not violate anyone’s interests, the court will approve such an agreement.

You might be interested

How much can bailiffs deduct from salaries?

In Russia, the implementation of a court decision is entrusted to bailiffs. It is the employees of this service who collect debts and other obligations after the completion of the trial. The work of bailiffs is regulated in detail by law, but it is not actually stated how long bailiffs can collect a debt. The collection process depends on the individual circumstances of the case and the debtor’s desire to repay the obligations.

How bailiffs carry out collections

The work of bailiffs in the Russian Federation is specified by the norms of Federal Law No. 229-FZ. According to the provisions of the law, in order to collect a debt, bailiffs must follow the following procedural order:

Wait for the court decision to come into force.
In the absence of an appeal, the period for the entry into force of a judicial act is 10 days.
Present the writ of execution to the bailiffs.
As a general rule, the time limit for filing claims is three years. And if the term is restored, the period is three months.
Next comes the stage of opening enforcement proceedings.
The period for initiating proceedings is three days from the date of the claimant's application.
Period for voluntary repayment
The debtor has it after the opening of proceedings. When paying off obligations at this time, commissions for the bailiff are not taken into account. Duration - 30 days.
The debtor may extend the period for performance.
For this purpose, an application is prepared and sent to the bailiffs.
Compulsory proceedings.
It begins at the end of the voluntary compliance period. The powers of bailiffs to collect debts are quite large. The bailiff requests information about the financial situation of the debtor and makes a decision on forced deduction of funds from the amount of income - salary.
Identifying the source of income.
The resolution is sent to the place of work where part of the income is withheld.
Open bidding.
If there is no source of income to repay the debt, the property is described and then sold at an open auction.
Redemption.
Commissions are deducted from the amount of funds received from the sale of confiscated property. Afterwards, the funds are transferred to the claimant in the amount indicated in the court decision.

As can be seen from the algorithm of work of bailiffs, the process of debt collection can be delayed if the location of the debtor is unknown, or there is no income and property for forced sale.

Confiscation of property during collection

Can bailiffs seize a car for debts unrelated to the purchase of a car? Yes they can. Citizens are liable with all their property in the event of debt obligations. It does not matter whether the property is collateral under a specific loan agreement, the collection of which is carried out. However, items that are encumbered cannot be confiscated and, as a result, sold without the consent of the creditor. Also, property that the debtor only uses but does not own is not subject to confiscation.

How to speed up the process

The lender is interested in receiving money faster. To do this, a number of actions can be taken to speed up the work of the bailiff.

Monitor compliance with deadlines. It happens that an application to initiate proceedings remains under consideration by the bailiff longer than the three-day period specified by law.
Provide assistance in identifying the debtor’s sources of income.
Provide information about the location of the debtor: places of his permanent residence and work.
If there is a risk of the debtor selling the property, insist on arrest. Seizure of property is not a mandatory measure in enforcement proceedings.

As a general rule, a two-month period for collection is established (Article 36 of Law No. 229-FZ). But in practice, enforcement proceedings can last for years. If facts of the bailiff's inaction or illegal actions are revealed, his actions can be appealed. Complaints are sent to the senior bailiff or to the court.

Debt reset

Formally, there is no legal norm according to which bailiffs can forgive a debt and close the proceedings. Debts are written off by the debt collector - for example, a bank. However, in the absence of the debtor or his property, the bailiff issues a special order to terminate the proceedings. After a decision is made to terminate the case, the debt is recognized as uncollectible. A prerequisite for issuing such a resolution is that the bailiff takes all measures for collection. The actions taken must be ineffective.

According to the position of the Ministry of Justice of the Russian Federation, the hopelessness of a debt and the issuance of a decision to stop proceedings only mean the fact of the impossibility of collecting the debt in a specific time period. The obligation itself is not extinguished. If circumstances change, collection may be made. The right to repay debt obligations is vested in the creditor - the collector.

After the decision was made, only those who left the building ships banks, usually make an attempt to get the full amount loan debt straightaway. To achieve this, a number of actions are taken in the form of telephone conversations between a bank representative and the debtor, during which the main argument is intimidation by the actions of bailiffs. Since many myths are spread about bailiffs, we will dwell a little on these actions in this article.

If you were not afraid of the stories of collectors and bank representatives about how evil bailiffs would come to your apartment tomorrow and take everything out of it, including your toothbrush, and then take away the apartment itself, then, in principle, you did the right thing. Firstly, bailiffs are required to work within the framework of current legislation, which clearly states that it is impossible to foreclose on items necessary for work, on the debtor’s personal property and on his only place of residence. This way, you can immediately eliminate the fear of losing your only home and ending up on the street. Throughout history courts on loans This has never happened before. Unless, of course, the apartment is the subject of a mortgage dispute or was not collateral for the loan provided. Even those who won court banks, if it was not possible to apply psychological pressure, they are again forced to act within the framework of the law. How, within the framework of the current legislation, does interaction with bailiffs proceed and what can be done in the current situation?

For banks to turn a court decision into enforcement proceedings, on average it takes from four to six months. And when your writ of execution reaches the bailiff, the first thing he will do is take it somewhere far away. His further actions directly depend on the activity of a particular bank. That is, how often does the bank have the opportunity to send its representative to visit the bailiffs. We hope that you understand that any actions of the bank to knock out credit debts entail serious economic expenses, such as the salaries of bank employees involved in the recovery of overdue loan debts, transportation costs, government duties and other expense items. That is, for the bank there is a price for each repaid loan debt. And in some cases, collecting credit debt is not economically feasible. But banks still take some actions, and the bailiffs’ reaction to attempts by bank employees to force them to work will be the following actions.

Firstly, you will be prohibited from traveling outside the Russian Federation. We hope that this circumstance will not be the most tragic for you in this entire story. Especially that in this case, as always, there are some nuances that are well known to loan lawyers. Secondly, accounts located in Sberbank, and occasionally in other banks, will be seized. This is where the activity of the bailiffs usually ends. From the point of view of the authorities inspecting them, they did their job. Further, if bank representatives take an active position, the bailiff may begin searching for the source of your income through the Pension Fund. It is believed that bailiffs can (and will) withhold half of your official income, but by law not half, but not more than half. Which, you see, has some differences. This could, for example, be 40 or 30 percent at the discretion of the judge, to whom you can provide a reasoned justification for your income and expenses, that is, fix the amount that you can pay monthly as part of enforcement proceedings until you repay the entire loan debt in full. Thus, you can get an installment plan to repay your loan debt, making repayment more comfortable for yourself. If your financial situation at the moment does not allow you to pay any amounts at all (this also happens), then there is the possibility of suspending enforcement proceedings or its complete termination due to the impossibility of execution.

It happens that bailiffs sometimes get to the debtor’s apartment in order to visit it and inventory the property. Why sometimes? Because there are few bailiffs, but they have a lot to do. And debts on bank loans are not a priority compared to, for example, alimony. We often hear from our clients that they were scared that the bailiffs would break down the door. This is theoretically possible, but the likelihood of practically encountering this, alas, is zero. This is due to the fact that the bailiff must then ensure the safety of the property in the apartment, which means that he will be responsible for the safety of the property. As you understand, they don’t need such happiness for nothing.

If you are not satisfied with the actions of the bailiff, then you have every right to appeal his actions. To whom to complain and as is usually indicated in any FSSP, something like this.

How to challenge the inventory? To do this, it is enough to present to the court evidence that the things included in the inventory belong to other people, and they will be excluded from the inventory. You need to make an entry in the protocol that the things do not belong to you, having previously indicated this to the bailiff.

We also advise you not to accept the described property for safekeeping against signature. Because from the moment of signing you bear full responsibility for the safety of the property, even criminal liability. And without signing, responsibility for safety lies entirely with the bailiff. At the same time, they usually have nowhere to take their property.

You should not allow witnesses or bank representatives to wander around your apartment or tell the bailiff what he should describe from the property. It is necessary to immediately record this in the protocol. It is your right.

If necessary, you will be told in more detail about interaction with bailiffs during your consultation. What should be understood is that there is nothing particularly terrible about the fact of initiating enforcement proceedings. You must use your rights and professional services in a timely manner. credit lawyers, to arrange monthly payments that are comfortable for you in court credit debt.

Also, from July 1, 2015, debtors whose total debt exceeds 500 thousand rubles. got the opportunity to start the procedure bankruptcy. Due to the lack of judicial practice on this issue, we cannot say anything definite yet, but we keep our finger on the pulse all the time, and our credit lawyers will take part in this process from the very first cases to bankruptcy of individuals on the territory of the Russian Federation.