How to negotiate with bailiffs and pay little by little

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Author of the article: Konstantin Milantiev

Last revised September 22, 2021

Reading time 11 minutes

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Becoming a debtor is not difficult - a wave of layoffs and rising prices are depriving people of the opportunity to pay loans and housing and communal services. Then the creditor wins the court, and the bailiffs begin to collect the debt. We tell you how to negotiate with bailiffs on the payment of debt in installments in order to pay in small installments and preserve property.

Obligations of the debtor

When an individual is served with a resolution to initiate enforcement proceedings, or he receives a notice from State Services, he has only 5 working days to repay the debt on his own.

But not every person has the resources to pay off debts. Execution of a court decision is the job of a bailiff (Bailiff), this civil servant is endowed with broad powers to collect debts. For example, failure to pay according to the writ of execution will result in the SPI introducing restrictions for the debtor:

• for trips abroad;
• for transport management;
• for the use of money in bank accounts - deposits, deposits.

The enforcement action also involves the sale of the defaulter's property in order to cover the obligations.

Where to go

It is necessary to submit an application to the bailiff, attaching a debt repayment schedule. The bailiff, in turn, should not apply to the court or other authority that issued the writ of execution. Instead, the bailiff himself is obliged to issue a decision on the granting of installment plans.

ATTENTION

A copy of the decision on granting installment plans is sent to the creditor. He has the right to appeal this document to a higher official of the bailiff service or in court.

Is it possible to get an installment plan from the FSSP?

Defaulters are often interested in how to get an installment plan for a writ of execution from bailiffs if it is not possible to pay off the debt amount at once.

It is important to be aware of what is happening. If you do not receive mail, you will learn about the restrictions of the bailiffs when you try to fly abroad or when your car is stopped by traffic police officers. Or from a bank SMS about forced debiting of money from a bank card marked “ID debt.”

FSSP employees monitor the finances of defaulters and their property. Then the bailiff:

• sends documents to the bank to write off money to pay off the debt, and if a salary or pension comes to the card, then up to 50% monthly;
• seizes property - car, apartment, dacha. If a person does not pay, and the debt is commensurate in value, then the bailiff has the right to take and sell the car or real estate (except for the only home).

How not to pay bailiffs by court decisionRelated article

The debtor should act immediately after receiving the decision - ask for an installment plan according to the writ of execution.

In 2022, bailiffs are more loyal, and it is quite possible to reach an agreement so that half of your pension or salary is not written off. Installment plans are provided to citizens on the basis of Resolution of the Plenum of the Supreme Court No. 50 of November 17, 2015, to debtors who have documentary evidence of insolvency. A person needs to prove in court that there are circumstances that do not allow him to repay the debt within the legal time frame.

Deferment of debt through a bailiff and court

The debtor has the right to ask the FSSP employee for a deferment. To do this, write a statement indicating good reasons why the bailiff will postpone the debt repayment period.

But the government representative will not be able to give a long reprieve. Its maximum period is 10 working days. The term can only be extended in court. To do this, submit an application at the place of issue of the writ of execution.

As practice shows, courts rarely meet debtors halfway and grant the request. This is possible if the reasons are truly valid, for example, prolonged hospital treatment, illness of close relatives, or a difficult postoperative period.

How installment plans are provided - a sample application to the court

To ask for payment of a debt in installments, an individual needs to go to court. The application is submitted to the court that made the decision, or to the district court at the place of execution (in the same area where the bailiffs department is). The debtor himself or the bailiff has the right to ask the court to pay in installments if he sees that the person has nothing to pay. There is no state fee for filing an application.

Sample application to the court for installment payment to the FSSP - 18 KB

1. An application to the court for installment payment is drawn up in several copies: for the court, bailiffs, creditor and all interested parties (if there is, for example, a guarantor).
2. The header of the document contains the details of the judicial authority, the applicant, information about the court decision and debt.
3. The reasons that do not allow you to repay the debt are indicated: illness, presence of dependents and difficult financial situation, dismissal, reduction in income.
   All circumstances are documented: attach medical certificates, birth/death certificate, loan agreements, document confirming disability, dismissal order. The legislation allows the involvement of witnesses who are able to confirm the financial problems of the debtor.
4. A request is indicated to allow the debt to be repaid in feasible payments, as well as the term and terms of the installment plan (number of months, exact amount of the monthly payment). You need to independently develop a schedule of mandatory payments and attach it to the application.

When considering the application, the court will assess the situation and take into account the evidence. After making a decision on installment payment, the bailiffs, when working with an individual, will be guided by the established schedule for repaying obligations. If the debtor follows the court decision, he will not have additional problems with the FSSP.

They arise when payment is received in a smaller amount than the payment amount fixed in the schedule, or when payment terms are violated. Then the bailiffs will be able to re-raise the issue of forced collection of the debt and will go to court to cancel the order on installment payments.

Rights and obligations of the debtor

The Law “On Enforcement Proceedings” states that the debtor is obliged to pay the debt within five days, and after initiating an IP, not to interfere with the actions of FSSP employees.

However, a person has not only responsibilities, but also rights:

• get acquainted with the case materials;
• appeal the actions of the bailiff, as well as the ID on the basis of which the collection is carried out;
• ask the court to grant a deferment or installment payment.

If the debtor lacks valuables, earnings or property, he has the right to initiate bankruptcy. But if an individual entrepreneur has already been initiated, then the issue is resolved exclusively through the arbitration court.

The procedure for recognizing a citizen's insolvency is considered quite complicated. You need to fill out the application correctly, collect a complete package of documents and not make mistakes with the deadlines.

Practice shows that 95% of debtors are not able to resolve the issue on their own and in a short time. To speed up and simplify the procedure, it is better to entrust everything to a specialist. You can submit a request for a free consultation on the website. Our lawyers will contact you, study the situation and select an individual solution to it.

How to protect your property from seizure

To prevent such radical actions on the part of bailiffs as arrest, seizure and sale of property, the debtor should get in touch in a timely manner and maintain contact with the IRS. It is necessary to convince the FSSP of your positive intentions and show your desire to implement the court’s decision with all your might.

For this, lawyers recommend:

1. Find out whether it is possible to agree with the creditor on a deferment and partial repayment of the debt. Perhaps the person or organization you owe will agree to work out a schedule and collect the debt slowly but surely.
2. Transfer at least small amounts, but regularly, so that the bailiff can see the seriousness of your intentions.
3. If there is money in bank accounts, information about it can be transferred to the FSSP to write off debt from them.

A popular question is: what will happen if you pay 100 rubles a week (or a month) according to a writ of execution, and will it be possible to protect property in this way?

Property is seized if the amount recovered exceeds 3,000 rubles. If the debt is less than 3 thousand, then nothing will be seized. With larger debts, the bailiff has the right to seize the property, but is obliged to take into account the principle of proportionality - the object that he is going to sell must be cheaper or equal in value to the amount of the debt. He cannot sell, for example, a dacha worth a million for a microloan debt of 50 thousand rubles. If the amount is significant, for example, 600 thousand rubles, then the bailiff has the right to seize the car, and 100 ruble monthly payments will not help.

Deadlines and amounts

According to the commented law, installment plans are given for the period that the debtor indicated in the application. But there are limitations. For organizations and individual entrepreneurs - for no more than 12 months and no later than August 1, 2021. For pensioners - for no more than 24 months and no later than July 1, 2022.

Limitations on the amount of debt for which installment plans can be obtained:

• for organizations and entrepreneurs - no more than 15 million rubles;
• for pensioners - no more than 1 million rubles.

How to ask for a reduction in salary deductions

The duty of FSSP employees is to ensure compliance with the court decision. The faster the better. Having received the writ of execution, the bailiff issues a resolution to begin proceedings on the debt and hands a copy of the resolution to the debtor. If within 5 days the citizen voluntarily fulfills his obligations, the issue will be closed. In the absence of payment, the bailiff will carry out forced collection, for which he will charge an enforcement fee - 7% of the debt amount, but not less than 1000 rubles. This is payment for the work of bailiffs.

Bailiffs are executors, so it is difficult to negotiate deferments and installments with them - when money appears in the account, the bailiff is obliged to write it off. But if, as a result of deductions from your salary, you are left with less than the subsistence minimum, you can submit a petition to the bailiff to reduce the amount of deductions.

Sample application to the bailiff to reduce the amount of deductions - 15.2 KB

Resolution of December 31, 2022 No. 2406

The cost of living per capita will be 11,653 rubles, for the working population - 12,702 rubles, for children - 11,303 rubles, for pensioners - 10,022 rubles.

Starting from 2022, the cost of living is set for a year at once, and not for a quarter, as was before. In addition, if previously its value was determined based on calculating the cost of products included in the consumer basket, now it depends on the median per capita income in the country.

Read completely

Source

If you have minor children to support, add a child minimum for each (see sample application). What should be included in the application to reduce the amount of deductions in the FSSP? Documents that will prove your income and expenses:

• 2-NDFL certificate or self-employed income certificate,
• notification of registration with the employment service,
• documents about illness (yours or your loved ones, if you took care leave and therefore did not receive income),
• Form 9 on family composition, birth certificates of children, marriage and divorce.

The bailiff will consider the application and make a decision - for example, to reduce the amount of write-offs, to withhold 25% from the debtor's salary every month.

If he refuses, you can complain to the senior SPI, but it’s easier to ask for an installment plan in court. The court will establish a collection schedule according to which the citizen will receive the minimum wage for himself and his dependents, or even provide a deferment for several months if the person is temporarily unable to pay.

Sample application to the court for a deferred payment to the FSSP - 18 KB

An individual against whom enforcement proceedings have been initiated must take the initiative and explain the situation. After making the payment, it is advisable to contact the bailiff and inform him about the payment. If problems occur that lead to a delay in the transfer of funds, you need to visit the FSSP branch in advance and notify the SPI about this.

Constant control over the progress of enforcement proceedings will allow you to avoid serious restrictions, forced collection of property, and seizure of money in bank accounts.

Bankruptcy in the presence of debts from bailiffs

You cannot get rid of large court debts for which enforcement proceedings have been initiated on your own through bankruptcy through the MFC. In this case, there is another way out. It is necessary to apply to the arbitration court to declare the citizen insolvent.

The procedure is carried out with the involvement of a financial manager. He is appointed by the court. He is an independent figure representing the interests of both the debtor and the creditor.

When bankruptcy begins, all enforcement proceedings are suspended. At the discretion of the parties, debt restructuring is introduced, the debtor's movable and immovable property, luxury goods are sold, or a settlement agreement is reached.

If, after the sale of property, the debt remains large, and the borrower’s income does not allow him to pay the debt in installments, then he is declared bankrupt. Then he is relieved of his obligations to pay creditors.

How can pensioners repay their debts?

Russian legislation was amended No. 215-FZ dated July 20, 2020, which protected pensioners with credit debts of less than 1 million rubles. They were allowed to pay off overdue obligations in installments without fear of the bailiffs blocking accounts and inventory of property.

Citizens who receive a pension for the loss of a breadwinner, disability or old age, the amount of which does not exceed 2 minimum wages, have the right to installment plans. There are also a number of conditions:

1. The pensioner has no other source of income other than the monthly payment from the Pension Fund. If a self-employed pensioner who has officially received such status from the tax authority applies for an installment plan, he will be denied.
2. The debtor owns only a single dwelling; there are no other residential properties.
3. When studying the financial situation of a pensioner, bailiffs will not take into account the amount of existing savings, as well as movable property. The main thing is that his pension does not exceed 2 minimum wages.
4. Enforcement proceedings were initiated until 10/01/2020.

Installment plans are assigned for bank loans and borrowings that have already been transferred to bailiffs for collection. If enforcement proceedings have not yet been initiated regarding the obligations, debtors can resolve problems with the bank peacefully. To pay off debt, you can ask for a credit holiday or participate in a restructuring program.

If a pensioner’s loan debt is more than a million rubles, he is not entitled to installment plans. But then he can officially write off the loans through bankruptcy of individuals. This is more profitable, because at the same time you can write off debts on microloans, taxes, housing and communal services, etc.

Bankruptcy of a pensioner in 2022Related article

To receive an installment plan, a pensioner must submit an application to the local FSSP branch. And here the debtor will need knowledge of how to negotiate with bailiffs.

A payment schedule is attached to the application - money will be debited from the pension according to the schedule. The maximum period for which installment plans can be provided does not exceed 2 years, and the law sets the deadline for such concessions - until 07/01/2022. The installment plan issued by the bailiff will be transferred to the bank, and the bank will not be able to involve collectors in the case.

It is quite logical to conclude about the advantages of installment payment, which protects:

• from enforcement of a court decision;
• from blocking accounts;
• from seizure of property (except for property held by third parties or in respect of which appropriate restrictive decisions have already been made);
• from threats and illegal actions of collectors.

Installment plans impose restrictions. A pensioner cannot dispose of personal property (sell a car, for example), or act as a guarantor. There is also a strict requirement to comply with the payment regime in accordance with the schedule. For one delay, the completed installment plan will be canceled and will not be provided again.

For how long can I ask for an installment plan?

Consideration of the feasibility of granting installment plans is the prerogative of the court. It takes into account not only the interest of the debtor, but also maintains a balance of interests with the claimant, who often does not want to wait a long time until the funds awarded to him are paid in installments. Therefore, the installment period rarely exceeds 1 year, although in practice it can reach up to one and a half years.

Lawyers advise in the claim to indicate the maximum possible installment period - one and a half years. If there is a successful combination of circumstances and a reasoned statement confirming the impossibility of repaying the debt at once, the court may grant the petition and postpone it for the required period. In most cases, the period is significantly reduced, to 3–12 months. Such a reduction stimulates the debtor to search for additional sources of income and does not put the claimant at a disadvantage, who is forced to wait for the return of money after a successful trial.

This you need to know: Reducing enforcement fees from bailiffs