Many faced the need to pay bills or loans on time in order not to have debts. But there are cases when there is no possibility to pay the money, and then the lender may resort to payment ID debt. What is it you will learn from this article.
ID debt: what does it mean?
The interpretation of the term "debt on ID" is quite simple - it means debt on an executive document. A writ of execution is a paper that the lender can obtain in court if the debtor is very late in paying money. In this case, it turns out that the ID debt is the payer's debt to the lender, confirmed through the court. This document gives the right to withdraw the necessary amount from him by any legal means.
Transfer of the executive document to bailiffs
In the event that the lender does not have the opportunity to deal with the ID himself, he can transfer the document to bailiffs. Those, in turn, are obliged to present it to the defaulter and demand repayment of the debt within five days. If the conditions are not met, the bailiffs have the right to take the following measures:
- Notify the employer of the defaulter about the debt and demand payment of all or part of the amount from the employee's salary. No more than 50% of all wages can go to pay off debts;
- Seizure of bank accounts, apartment or car;
- Assessment of the debtor's property and, in certain cases, seizure of it;
- Temporary withdrawal of a driver's license;
- Sale of a citizen's property if he cannot find funds to pay the debt.
Important! Bailiffs do not have the right to write off debt at the expense of various benefits, alimony, maternity capital, compensation for the care of the elderly and the disabled, and humanitarian assistance.
A situation may arise in which a citizen does not have movable or immovable property to pay off the debt on the writ of execution, and in this case the bailiffs will have to return the document to the lender.
Practice shows that obtaining money from a borrower through bailiffs is a very time-consuming task. First of all, you need to understand that the Federal Bailiff Service considers many such cases at the same time, so they work slowly. Secondly, small ID debts with bailiffs are considered last, so it will be faster to deal with this problem on your own.
What is the statute of limitations for ID debt?
The executive document may be presented within three years from the date of its issuance in court. After the expiration of the period, it will no longer be valid, and the claimant will have to go to court again to obtain a new ID. However, it should be understood that this will be quite difficult, since you need to have very good reasons for restoring this document.
Important! If the executive document was returned to the lender, the limitation period is still counted from the day of the court decision, and not from the day the ID was returned.
How are alimony paid in case of ID debt?
One of the most common reasons for using ID debt is non-payment of alimony. In this case, during the trial, the amount that the defendant owed must be determined. This is done on the basis of data on his income, on the period during which he evaded alimony, and other secondary factors. In accordance with the decision, an executive document is formed, which is presented to the alimony payer. If the amount of the debt does not exceed 25 thousand rubles, then the bailiff can withdraw them from the salary or fees, but so that the withdrawn amount does not exceed 70% of the salary. If the debt is greater, then it can only be collected from the payer personally.
Important! The payer can appeal the amount of the debt if he had really important reasons for not paying alimony on time, such as loss of a job, severe illness, significant changes in financial situation, and more.
How to check the amount of debt by ID?
If you need to find out the total amount of debt, you don’t need to go to any authority at all, you can check everything via the Internet. It is enough to go to the website of the Federal Bailiff Service (FSSP) and fill in the data in the "Search for Individuals" tab. There you need to fill in the region for which the search is being carried out and enter your passport data. As a result of the search, the program will write whether you have a debt or not, and name its total amount. For convenience, the data is given in the table so that the payer understands how much money he did not pay in what period and where the debts came from.
Responsibility for failure to comply with the requirements of bailiffs
Responsibility for different levels of violations is obviously different, so if the debtor did not pay the money, but at the same time is generally a lawful citizen and does everything to cover the debt, then light penalties can be applied in his case, such as temporary withdrawal of a driver’s license or suspension use of public services.
If the amount of the debt is more than 100,000 rubles, but the payer also does not evade the law and honestly pays it, then his punishment may be a ban on traveling abroad, suspension of the right to register property or payment of a penalty.
If the court is dealing with a persistent non-payer, then a criminal case will be opened against such a person under the article “Malicious evasion of repayment of accounts payable”, under which the defendant may face a large fine and / or 2 years in prison.
Summing up, we can say that ID debt is a rather serious matter, which is better not to bring to. Bailiffs do a good job and are rarely stopped by day-to-day problems. Therefore, be careful about your debts, try to pay them on time, and if you still have a debt, try to resolve the issue with the lender without litigation.
In public services, a court debt for id in the amount of 450,000 is displayed. We did not receive any notifications about the court and the court decision, is it possible to find out what the penalty is for and challenge them?
17 December 2019, 16:59, question #2623150 Dmitry, Yekaterinburg
How to collect alimony under such conditions?
Hello! I am 21 years old I would like to know what measures my mother can take on alimony debt Debtor KORSHUNOV VADIM YURIEVICH 07/27/1976, RUSSIA, PRIMORSKY KRAI, S. CHERNIGOVKA, Enforcement proceedings ...
11 December 2019, 12:52, question #2616899 Anastasia Korshunova, Kaluga
How to read enforcement proceedings against me?
2251/17/67050 from 02/25/2010 Executive sheet dated 02.19.2010 No. 2-348/2010 Location on the recovery of the executive collection court of the city of Smolensk debt for the ID: 787576.30 RUB Executivity: 19708.62 rub. I want to know...
What should I do if I found information about my legal debt on the State Services portal?
Hello. I went to public services and saw that I had a legal debt. I went to the FSSP website and saw that there was a debt on the ID. Enforcement proceedings 51625/19/42016-IP dated 06/17/2019. Can you suggest what it is...
What are the consequences if 7 years have passed since the recovery order?
Hello! On the site for the execution of productions, it was found that there is a debt for the ID: 263097.06 rubles. Previously, no copies of the court decision came. (Court order dated 01/24/2011 Resolution on the collection of the execution fee of the WORLD ...
The legitimacy of the amount of debt for alimony for a period of about two years
Hello! Ex Husband hasn't paid child support since December 2016. since he was fired from work 183/17/31007-IP dated 01/17/2017. Today I went to the website of the bailiffs and there Debt ID: 5509.50 rubles. what is this amount? This is a debt for not a full two years, ...
Debtor (individual: full name, date and place of birth; legal entity: name, legal address) Enforcement proceedings (number, date of initiation) Details of the executive document (type, date of adoption, number, name of the issuing authority ...
What is the procedure for lifting a car registration ban?
Hello, tell me, please, an arrest was made on a car, by a bailiff, specifically on registering a car, that is, you can’t sell the car, it says - the debt on the ID, paid, but there is another fine, another bailiff, already with regards to recovery ...
How to deal with a debt on a writ of execution?
Hello, in 2015 I was deprived of parental rights in relation to my daughter, she is being raised by her mother-in-law. She didn’t submit a writ of execution, but filed it in December 2017 and the bailiffs billed me for 1115076 rubles. I can’t understand why, I don’t currently ...
Good afternoon, today I accidentally went to the gosuslugi website and saw that I had a court debt of 15,000 rubles (5 cases in 2015 worth 3,000 rubles each). The ID itself does not indicate which machine it is for (several ...
There are two writ of execution for one court order, what should I do?
21.12.2015 Received Enforcement Proceedings 104193/14/78031-IP dated 12/09/2014. Judicial order No. 2-1670/2008 dated July 18, 2008 JUDICIAL SECTION No. 46 OF THE CENTRAL DISTRICT OF THE CITY OF BRATSK. ID debt: 92811.11 rubles. calculated from the salary, six months ...
18 May 2017, 22:16, question #1640594 Alexey, St. Petersburg
Debt in the FSSP system
Hello! A few days ago I decided to check the presence / absence of any debts through the official website of the FSSP of Russia. I was unpleasantly surprised to find out the ID debt since 2013. Almost 4 years have passed since then. None...
Many citizens have unfulfilled financial obligations. It could be child support payments or loans. If a person fails to fulfill monetary obligations, the other party sues him for this. When the judicial authority decides to collect the debt, bailiffs acting on the basis of an executive document (ID) enter into the case. What does ID debt consist of, what is it?
A writ of execution is an official paper issued by a judge, on the basis of which the plaintiff acquires the right to demand the amount of debt indicated in it for specific obligations of the debtor.
This document is valid only if it contains the signature of an official and the official seal of the body that issued it. ID can be taken from the bailiffs on the basis of the enforcement proceedings initiated by them. In this case, the plaintiff himself may become its initiator. It is enough for him to apply to the bailiff service with a statement, after which they begin activities for the legal recovery of the debt.
The executive document gives the right to demand the return of the debt from the defendant
IDs are of the following types:
- performance list;
- bailiff's order;
- an executive inscription made by a notary, which contains an indication of the recovery of a debt;
- court order;
- acts issued by officials, if we are talking about administrative offenses;
- pledge agreement;
- an agreement on the payment of alimony, certified by a notary.
The debtor is not asked for consent to issue an ID. The best option for the plaintiff would be to apply for the recovery of the debt to the bailiffs. Banks, as well as the organization in which the debtor works, may refuse to collect the debt.
When paying off a debt, the term “postobvz” is used in accounting documentation. For him, the following transcript is provided - payment of debt under an executive document.
Debt collection procedure
The law allows the creditor to demand payment of the debt from the defendant in two ways:
- Solve the problem without resorting to bailiffs. This is possible only with a small amount of debt - no more than 25 thousand rubles. The creditor directly addresses the debtor's management, after which fixed sums of money will be deducted from the latter's salary on a monthly basis.
- Contact the bailiffs if the debt exceeds 25 thousand rubles.
After the bailiff receives an ID, he initiates enforcement proceedings. He notifies the debtor of this action. The latter is given 5 days to pay off the debt.
If the debtor does not comply with the requirement of the bailiff, then the latter may act as follows:
- seize property and bank accounts, which means that the debtor cannot dispose of them;
- impose a ban on leaving the country for the debtor;
- put the property up for auction;
- apply to the organization in which the defaulter works in order to withhold debt amounts;
- send a request to various services in order to find out if the debtor has property that can be used as payment for the debt.
If the defendant evades paying the debt, the bailiff has the right to seize his property
Executive documents are submitted to the bailiff service, which is located at the place of residence of the defaulter. If it is a company, then the ID is submitted to the service at its legal address.
The debtor has the right to challenge the debt imposed on him through the court. But at the same time, his evasion from paying debt amounts will be considered illegal and may entail additional sanctions. The debt is paid in a certain order, which is established by the bailiffs. Also, the debtor can repay the debt ahead of schedule and voluntarily.
What can be used as payouts
Most often, the official income of the debtor is used as the payment of debt amounts. The law specifies that the creditor must receive the entire amount indicated in the ID. At the same time, he can supplement the amount of the debt with the expenses incurred by him when applying to the courts. Debt amounts also include state fees.
If the defendant's salary is used as a debt payment, then up to 50% of the official earnings can be deducted from him every month.
If the subject of the debt is child support or harm to the health of the creditor, then the maximum amount of monthly payments collected from the defendant can reach 70% of his earnings.
If the debtor does not have the funds to pay off the debt, the bailiffs may refuse to initiate enforcement proceedings against the creditor. In rare cases, bailiffs resort to the sale of property of non-payers at auction.
What does it mean to return the ID to the creditor by the bailiff? This action involves the refusal of the employee to initiate enforcement proceedings for a number of reasons. One of them may be the insolvency of the debtor. In this case, the creditor can apply with a writ of execution to the service again, but later.
Bailiffs cannot recover debts from defendants if the main source of their livelihood is:
- pensions;
- maternal capital;
- government subsidies;
- alimony;
- child allowances;
- other social payments to the debtor from the state.
Social payments cannot be collected on account of ID debt
Possible actions of the debtor
The court will not be able to release the defaulter from the obligation to pay the debt amount to the creditor, but it has the opportunity to give him a delay. In this case, the debtor must prove his insolvency and undertake to repay the debt to the creditor immediately after he improves his financial situation.
If the financial situation of the defendant has not changed, and the debt has not been paid to them, then the bailiffs can seize his real estate or movable property. In this case, the debtor can play for time by applying to the court with reference to the illegality of the actions of the bailiffs, if:
- They conducted a biased assessment of the property.
- The value of the property sold at auction is higher than the amount of the debt.
- The arrest was imposed on property that, according to the law, cannot be sold to bailiffs.
Only authorized bailiffs have the right to demand the return of a debt from non-payers. Such claims by collectors and other unauthorized creditors are illegal.
Limitation period for paying debts on ID
For claims for the return of debt amounts under executive documents, a 3-year period is set. What it is? This is a period that is counted from the date of entry into force of the decision of the judicial authority to collect the debt and after the expiration of which the creditor will not be able to demand the debtor to repay the debt through the FSSP.
The missed period can be restored again by applying to the court with a statement. But at the same time, the creditor will need to prove the presence of good reasons for the omission.
Debt on ID means the presence of debt on executive documents.
In official terminology, such an abbreviation is not used, but it is widely used among the masses.
The economic crises of recent years have significantly increased the number of debtors in general, so many citizens have experienced personal debt with ID debt.
Types of executive documents
The decoding of the abbreviation implies that it means debt obligations under certain executive documents issued by authorized bodies.
There are several types of documents on the basis of which debt collection can be carried out:
- writ of execution;
- court orders;
- an agreement on the payment of alimony received from a notary;
- acts on administrative violations and more.
The procedure for initiating enforcement proceedings for various types of documents can be found in the relevant.
Performance list
IL is presented to the territorial body of the UFSSP for the procedure for the enforcement of debt collection.
On the basis of IL, the bailiff opens enforcement proceedings against a person who has a debt.
After enforcement proceedings have been initiated, the debtor is given 5 days to pay off the ID debt on a voluntary basis.
If within the specified period the defendant has not paid off the existing debt, the bailiff proceeds to active actions within the framework of enforcement proceedings to enforce the enforcement of:
- seizure of the debtor's money accounts;
- withholding part of the income;
- description of the property.
If there is a debt on ID on a writ of execution, the bailiff is authorized to withhold 50% of the debtor's income, and in some cases the amount of monthly deductions is 70%.
If a citizen has no income, or its amount is not sufficient to pay off the debt, the bailiff may impose a penalty on the property of the defaulter.
The list of property not subject to collection is indicated in Article 79 of the Federal Law No. 229-FZ “On Enforcement Proceedings”.
court order
ID debt can be collected on the basis of a court order.
A court order for the purpose of further recovery is issued by justices of the peace alone without involving the parties in cases where this is permissible from the point of view of the law.
Liability for non-performance
There are citizens who do not know what the bailiffs' ID debt is and what threatens to default on their debt obligations.
If the debtor is unwilling to repay the debt, various measures of influence can be applied to him:
- A ban on traveling abroad if there is a debt of more than 10,000 rubles.
- Restriction on the use of public services.
- Imposition of a ban on registration actions with property. For example, the bailiff may impose
- Suspension of driving license.
In addition, when the bailiff establishes that the debtor maliciously evades fulfilling obligations with a significant amount of debt, a criminal case may be opened against such a non-payer under Article 177 of the Criminal Code of the Russian Federation.
Within the framework of this article, punishment from a fine to imprisonment for up to 2 years is applied.
Any citizen can check whether there is a current ID debt by entering their data in a special electronic form on the official website of the FSSP
Limitation period for ID
Executive documents have a limitation period, which depends on the type of document and the nature of the recovery.
For example, the statute of limitations for a writ of execution to recover debt on loans is three years.
If the IL is not presented to the FSSP within a three-year period, the recoverer is deprived of the opportunity to initiate enforcement proceedings, moreover, it is impossible to re-apply to the court on the same issue after the statute of limitations has expired.
The statute of limitations is also calculated according to the executive documents that were in execution.
So, if, as a result of enforcement measures, it was not possible to collect, the bailiff closes the enforcement proceedings and returns the documents to the plaintiff.
From the moment the enforcement proceedings are closed, the recoverer has a three-year period during which the existing writ of execution can be re-submitted to the FSSP.
In this case, the recoverer has the right to apply to the FSSP again no earlier than 6 months after the previous enforcement proceedings were closed.
In some cases, it is allowed to initiate repeated enforcement proceedings after a shorter period, for example, when the recoverer becomes aware of a change in the financial situation of the debtor or other circumstances that may contribute to the actual collection of the debt.
Conclusion
Only employees of the Federal Bailiffs Service are authorized to collect debts on ID forcibly.
Debtors on loans, utility bills and other types of debt often face collectors who position themselves on a par with bailiffs.
However, this is not so, due to the fact that collectors do not have the powers that bailiffs are vested in accordance with the law.
Collectors who have enforcement documents available are not entitled to carry out any compulsory actions in relation to the debtor and his property.
The supervisory authority for the activities of collectors is the UFSSP, where you can file a complaint about the illegal actions of collectors.
In turn, the inaction of the FSSP employees can be contacted with the prosecutor's office.
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When a borrower loses a court case, he gets executive document according to which he undertakes to repay a debt to a legal organization or an individual. executive document(ID) is an official guarantee of the return of material resources.
What is ID Debt
What is debt on ID at court? ID is an official document issued by a court or other authorized body. Based on it enforcement proceedings are initiated to collect a debt from a borrower.
ATTENTION! Through the court, the recovery process can be enforced. The consent of the debtor is not required.
statute of limitations
To collect a debt from a borrower within 3 years the claimant must present a writ of execution. The term is counted after the lawful entry into force of the decision in the case. If the creditor has missed the deadline, he will face some difficulties for further claims for payment.
ATTENTION! To restore the recovery process, it is necessary to write an application to the court indicating a good reason for missing the deadlines (with documentary evidence).
In practice, it is more expedient to settle a controversial monetary issue out of court in order to avoid litigation and a writ of execution.
How is the collection of ID
In practice, debt collection takes a long time. Claimant must contact the authorities with a claim for recovery.
ATTENTION! World judicial instances consider cases more often in absentia, without the invitation of both parties.
After the decision is made, the document will be sent to the debtor and the recoverer by registered mail with notification. The waiting times are up to 10 working days from the date of the decision on the case.
ATTENTION! With a total debt of up to 25,000 rubles, the party may require self-repayment, which is justified by the presence of an ID. It is enough to send the document at the place of work of the debtor to the accounting department.
In the process of interaction with the debtor, the following can be used settlement methods:
- The process of appraisal of movable and immovable property objects.
- Withholding half of the salary as repayment.
- Official ban on travel abroad.
In case of repeated violation established rules, the preventive measures will be tougher in relation to the debtor:
- Sending a request to Rosreestr, traffic police to collect information on the availability of movable and immovable property.
- Blocking of bank accounts.
- Seizure of cars and other property.
- Forwarding the ID to the borrower's employer for further salary deduction.
- Making a personal visit to the debtor to make a property valuation.
- In the absence of a permanent source of income, an arrest of property can be made, or an auction is going to be sold for further sale to pay off the debt.
Submission of ID is carried out to the courts at the place of registration. If the debtor is an organization, the legal address of the company is used.
Ways to find out the debt by ID
There are several ways to find out about the debt under the executive document:
- Apply in person to an organization to which there is a debt. You can get detailed information and an official document within 5 minutes.
- call by contact number. When concluding a formal agreement (for example, when applying for a loan at a bank), it is enough to dial a free hotline number.
- Check through the FSSP. Since the SMS informing function is not available in all regions of the country. It is enough to visit the official website of the service, enter your full name, date of birth, select the region or areas of residence. The request is processed within a couple of minutes. There are also opportunities to make search by ID number.
ATTENTION! Modern technologies allow you to find out the amount of debt remotely, without leaving your home.
How to pay the debt: methods and procedure
The simplest method is to send the document to the creditor. If there are registered bank accounts, when a debt is formed, from his currency or ruble accounts amount withheld indicated in the claim.
ATTENTION! Executive authorities do not need to obtain official permission from a citizen in order to write off the due funds. The term begins to automatically count down after the debtor receives a writ of execution.
Pay off debt by ID at bailiffs it is possible by bank details, remotely on the portal "public services", directly to the lender. However, in the future, it is necessary to provide confirmation of this fact to the executive bodies so that they make a note in the case.
Liability for failure to comply with requirements
If a citizen does not independently regulate the issue of payment of the resulting debt, the bailiffs can not only seize property and prohibit travel abroad, but also take away the driver's license. In practice, it occurs when interacting with citizens who maliciously hide from the payment of alimony or the lack of payment of administrative fines and sanctions.
In recent times list of powers was expanded, so property seizure can take place not only at the place of registration, but also at the place of residence. Even if the object is not in official use. Therefore, it is advisable to fulfill the obligations established by the court on time.
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