By law, everyone must fulfill their financial obligations. But many people are probably familiar with the situation when life circumstances do not develop as we would like, and the debtor is unable to pay his debts. The collector resorts to the help of bailiffs, who begin forced collection of the debt, including foreclosure on bank accounts.
It happens that in case of non-payment of the debt, the money received as alimony payments is written off from the account. Can bailiffs seize alimony and transfer it to the creditor? What rights does the debtor have and what to do in this case?
The bailiff arrested alimony: what to do?
Question
Hello. Help me understand the situation. Several years ago I entered into a loan agreement. I made payments regularly, but currently I have made several late payments. A debt arose, which the bank collected through the court. I cannot pay the loan due to my difficult financial situation. I am on maternity leave, caring for two children. Apart from alimony from my ex-husband for myself and my children, I have no other income. The bailiff seized the account where the alimony funds are received. Can bailiffs impose such a seizure on alimony, and what can I count on in this case?
Answer
Article 101 of the Law of the Russian Federation No. 229-FZ “On Enforcement Proceedings” contains a clear list of income that cannot be levied against. These include support for minor children.
Thus, if the bailiffs seized alimony, this is illegal!
The actions of bailiffs can be appealed to a higher organization or to court.
What to do if child benefits are seized?
First, you need to remember what debts the recipient of the benefit has. If your memory fails, then get a bank account statement and demand information: who seized the account and on what basis.
If a bank employee issues a copy of the arrest order, you should contact the bailiff who issued it and ask for clarification. An employee of the bailiff service is obliged to provide you with complete information on the basis on which you are a debtor in enforcement proceedings.
According to the law regulating the activities of bailiffs, the bailiff had to notify the recipient of the child benefit that proceedings had been initiated against him in accordance with the judicial act that had entered into legal force. Failure to comply with this requirement entails the illegality of the bailiff’s actions, in connection with which you can file a complaint against him in court or to a higher official.
If the debtor, the child’s mother, knew about the existence of the debt and all formalities were followed, then the following should be done.
It is important to know! Where to submit a court order for alimony?
Can a bailiff seize alimony payments?
No matter how trivial it may sound, many citizens face this question. First of all, collection occurs at the expense of the debtor’s funds. This is a permanent monthly income - salary, pension, scholarship, etc. If there is a shortage or absence of funds, money is collected from accounts in credit institutions, where money received from the alimony payer can also be stored.
Is it possible to seize alimony payments? For protective measures, an official has the right to seize funds. But in order to prevent illegal actions, FSSP employees must determine the source of income and check where the money came from and for what purposes. They must also exclude all types of funds that cannot be claimed, including alimony.
Despite the fact that bailiffs know their duties and are familiar with the basic law governing their activities, in practice such situations are quite common. It may be an oversight or a mistake, but how can a mother recover child support from a seized account?
Legal aspects
Bailiffs receive information about all bank accounts of the debtor. Funds are withheld from wages, scholarships, and pensions. If there are not enough funds, FSSP employees withdraw funds from other open accounts and may seize alimony payments. In accordance with current legislation, seizure of child benefits to repay a loan is considered an illegal action. There are no exceptions in this case. Funds transferred to the bank are considered the property of the child, not the parents.
The procedure for appealing against illegal actions of a bailiff
To the question - do bailiffs have the right to seize alimony due to a child, the answer can be unequivocal - no. But what if the court measures. the contractor has already accepted. What are the further actions of the injured person?
As a rule, most people find out about the situation when they cannot receive funds from the account. By contacting the bank branch, information about the arrest is confirmed.
The algorithm for further actions is as follows:
- Ask for a copy of the resolution from the bank or directly from the bailiff service.
- Collect the necessary documents confirming the wrongness of the execution actions.
- Submit a petition to the specific executor in charge of the case with a request to cancel the arrest.
Attention! Instead, you can file a complaint alleging misconduct by an official. An appeal is allowed in the order of subordination, that is, to the head of the service or to a higher authority. A complaint can be filed with the court and the prosecutor's office. Moreover, there is no need to appeal in stages, first to one and then to another structure. The choice remains with the debtor.
Algorithm of the appeal procedure
Appeals against the actions of officials should begin as early as possible. There is no need to panic after your children's money is seized. There is no use contacting the bank. In this situation, you must act according to the law. The issue can be resolved administratively or judicially. To prove that you are right, you must obtain a photocopy of the document indicating the basis for the seizure of the bank account. Receipt options:
- contacting the bailiff who prepared the document to seize the account;
- contacting an employee of the banking organization in which the account was registered to transfer funds.
Drawing up a statement to the bailiff
The easiest way is to contact the bailiff directly. To resolve the issue, you don’t even need to collect a package of documents. It is enough to provide information from the bank about the intended purpose of the funds. Although, even this information can be checked by the contractor himself. However, oral conversation does not always solve the situation.
In order to subsequently prove the fact of the application, it is advisable to draw up a written document and record its transfer to the service.
The application must contain:
- name of the joint venture and location address;
- information about the creditor and debtor;
- number of the initiated proceedings;
- information about the writ of execution;
- amount of debt;
- description of the situation with reference to the resolution that seized the rights for alimony;
- indication of legal norms;
- request for the removal of illegal measures.
An application or complaint to the service is practically the same in terms of the registration procedure. Only the first document is addressed to a specific bailiff and is presented more in a pleading form, but the complaint should already reflect the illegal behavior of the person and more strictly reflect its demands.
Important! There is no clear deadline set by law for filing an application. The complaint is filed within ten days from the date of the decision. If the person was not notified of the action, the period begins to count from the date when he became aware of the violation of rights.
Copies of supporting documents should be attached to the document:
- personal passport;
- the decision being appealed;
- children's birth certificates;
- writ of execution for the collection of alimony;
- a certificate from the bank indicating the amount of alimony transfers, to whom they are directed and on the basis of which writ of execution (preferably in the original).
Is it possible to legally refuse alimony?
The child has the right to have the parent transfer child support, so the mother or father should not simply refuse financial assistance from the second parent at will.
This is especially true for payments ordered by the court. A receipt or oral agreement between parents cannot override the decision of the supreme body. The writ of execution can be revoked at the initiative of the plaintiff. In this case, the decision is made by the court.
Doubts about paternity
However, there are legal ways to cancel the collection of alimony. For example, the father may request to establish paternity. To do this, he must undergo a genetic examination, which will cancel or continue the payment of alimony.
However, the father will not be able to refuse payments if it turns out that when registering his son or daughter, he was aware that this was not his child. And if, under such conditions, he nevertheless agreed to adoption, then after the divorce he will no longer be able to challenge paternity.
The child support payer becomes the main parent
According to the Family Code, child support must be paid by the parent who does not live in the family. But if the second parent lives permanently or temporarily with the child, then he will not have to make payments.
Paying alimony may become the responsibility of the mother if, for example, she goes to study in another country or gets married a second time and leaves the child with the father.
The recipient of alimony is deprived of parental rights
In this situation, the child goes under the guardianship of the second parent, or moves to a boarding school and is on state support.
Misuse of alimony
Proving this fact is not easy. However, if the parent manages to do this, then child support may be reduced or even canceled.
Contacting the bailiff service
To submit applications, you must first find out who exactly will enter the case. This information is available on the Internet on the official website of the FSSP. It is enough to specify your full name. debtor or writ of execution number.
You can contact us in person during office hours. However, it is better to come with documents prepared in advance. It is preferable to submit the application through the office against signature by a specialist. A complaint is submitted in the same manner. The law allows sending documents by post. In this case, you will not need to go to the bailiff service.
It is necessary that the item be delivered by registered mail. This will protect the letter from loss and also make it possible to track it. Upon receipt by the postal service, a notification with the date and signature of the recipient will be returned.
List of documents for filing a claim
The following documentary “arguments” must be attached to the complaint (or claim):
- A copy of your ID.
- A copy of the child's birth certificate.
- IL (court order or voluntary alimony agreement) – any of these documents that serves as the basis for imposing obligations for alimony payments.
- A copy of the bailiff's decree stating that the alimony account in the bank has been seized due to the debt on the loan (the decree should be obtained by contacting either the bank or the FSSP branch).
- A certificate from the bank containing the following information:
- Full name of the payer;
- details of the account that has been seized;
- duration of payment transfers and frequency of financial transfers;
- purpose of money transfers;
- dates and amounts of alimony.
State duty amount
This category of administrative claims involves payment in favor of the state treasury in the amount of 300 rubles .
Procedure and terms of money return
The answer to the question whether bailiffs can seize alimony has been received, but how to return the blocked funds. When filing a complaint, you need to be prepared that the money will not be returned as soon as possible.
The law allows 10 days for consideration of the complaint by a higher authority. After which, a decision is made to recognize the applicant’s arguments as justified or not. If the arrest was imposed illegally, the decision is canceled. The newly adopted act is also executed within ten days.
Such deadlines are provided for by executive legislation, but there are also banking rules and regulations according to which the detained money can be returned to the account within thirty days.
Child benefits are not subject to seizure
Federal Law “On Enforcement Proceedings” in Article 101 defines a complete list of income received by citizens, which the bailiff cannot seize due to the prohibition established by law.
Paragraph 12 of this article stipulates that the above includes benefits for citizens with children, paid from budgets of various levels. Thus, the executor does not have the right to seize funds that are state assistance to persons with children under 1.5 years of age. However, it is unlikely that his actions will be recognized as illegal, since the money on the account or card can be impersonal and the bailiff does not see where it came from and cannot determine its intended purpose.
Clause 14.1 of Article 30 of the law states that an employee of the bailiff service, when initiating enforcement proceedings, must necessarily request from the debtor information and evidence of the presence of a source of income that cannot be seized and foreclosed on. That is, the interested person is obliged to strive to inform the bailiff, otherwise he will bear the risk of adverse consequences in the form of seizure of child benefits.
In order to comply with the bailiff's request, the debtor must submit:
- child's birth certificate;
- a copy of the work book;
- a copy of the employer’s order to provide maternity leave;
- a certificate of the amount of accrued compensation;
Non-working mothers are required to send:
- documents for the child;
- a certificate from the social security authority regarding the calculation and payment of benefits.
From the moment of receiving information that the funds received into the debtor’s account are child benefits, the bailiff must make a note in the materials of the enforcement proceedings and not seize amounts protected by law.
It is important to know! How is alimony debt calculated by bailiffs?
Other forms of appeal
In addition to filing a complaint through the bailiffs, regardless of this, it is possible to appeal to the court and the prosecutor's office. As a prosecutorial response, citizens' appeals regarding the actions or inactions of officials are considered.
Any form of complaint is not provided for by law. The appeal is issued in any form. It can be made according to the type of statement described above. The decision of the bailiff can be challenged in a court of general jurisdiction within the framework of procedural legislation. If the applicant’s demands are confirmed, the decision is subject to cancellation as illegal.
So, can bailiffs seize child support? As it turns out, no. Therefore, a parent who finds himself in this position can safely defend his position.
If a citizen is one of the debtors, this does not mean that he has no rights. The illegal behavior of the bailiff can also be stopped by restoring your rights. Moreover, they are aimed at protecting the interests of minor children.
Cases giving bailiffs the right to write off money
A long delay in any payments will sooner or later lead to a court decision to collect the debt, and if the debtor does not have the desire or financial ability to execute the decision at once, its forced execution will begin through the bailiff service. The nature of unfulfilled financial obligations can be different:
- outstanding loans;
- housing and communal services;
- taxes, etc.
Execution of decisions on the collection of funds in 2022, as before, will be carried out, among other things, by deduction from accounts. The amount of deductions can reach half of the transfers on the account, and if we are talking about alimony and a number of other payments, then up to 70%. The presence of dependent children by the debtor limits the deduction ceiling to 30% of all credits.
When enforcement begins, funds can be blocked, amounts written off, etc. The contractor is not obliged to check the nature of the transfers (from where and for what), especially since they lose their ownership after they are credited to the account. The debtor must notify himself that funds for child support are being transferred to the account as soon as he learns about the decision.
In fact, deduction of funds from payments for children is unacceptable, but if there is a court decision, and the bailiff is not aware that social payments are being received, deductions may be made erroneously, but not unlawfully
It is important to know! Collection of alimony through bailiffs
