Since June 1 came into force a law banning bailiffs forced to write off debts with social benefits.
life figured out, what payments are now safe and what to do if your card still will be charged.
so, according to the law under the full protection fall: amounts required in connection with reimbursement of harm, and compensation to victims of various disasters; pension survivor benefits and payments for the care of disabled citizens; the means of the parent capital; allowances for children and certain types of alimony.
Also exempt from the collection of the funds allocated to drug supply or to offset travel expenses for disabled persons and pensioners. Such a ban existed before, this reads article 101 of law No. 229-FZ “On enforcement proceedings”, but the bailiffs and the banks still freeze accounts for any entered court order, and after I understood what kind of money should be to “unfreeze”.
unfortunately, the partial or full cancellation of the pension (cash benefit, other material compensation) police officers is not uncommon. Even taking into account the provisions of the new amendments under the moratorium on the cancellation will be not all pensions in General, but only “survivor”. Pensions for old age, alas, all remained still: as took 50%, and will take.
Another thing is that the explanations of the service of the Federal bailiff service that when the the banks notifications about recovery bailiff had no information about the nature of incoming revenues and were thus collected and “pension money”, is now untenable.
According to the amendments now face paying a citizen wage and (or) other income, and the Bank or other credit organisation engaged in maintenance of accounts, required in the settlement documents specify the appropriate code for the type of income (this is provided by the parts 5, 5.1 and 5.2 of article 70 of the law No. 229-FZ), and the bailiff will be required to follow in order not cancelled.
If it was found that the bailiffs had cancelled/froze the pension, should adhere to the following sequence of actions. first, to know who is involved in the Executive production. Often this information is misleading in a Bank, but easier to find information through the website of the service of judicial bailiffs. There is the search need to enter your name and opposite your business will indicate the name of the bailiff and his phone. secondly, to contact the bailiff and to clarify the reason of cancellation, to focus, that is money pension. And third, in case of disagreement with the decision to submit an application, enclosing the documents proving the groundlessness of the charge, complaint to send in the bailiff service, Prosecutor’s office.
for Example, a personoveka disputed arrears of utilities, but the management company received the decision on the recovery and sent it to the bailiffs, and they in turn, having established that the debtor has accounts in different banks expose the requirement about collecting from all the credit agencies, where there is the account of the debtor (the law is not prohibited). The result is a debit in an amount greater than that specified in the judgment, it is often on account of debt write off and various lump sum payments that have been accrued by the state, but not cashed by the debtor. Write-off of lump sum payments and allowances from the state for debt is illegal, this is now explicitly enshrined in clause 18 of part 1 of article 101 of law No. 229-FZ.
In theory, the bailiffs have to set that wrote off the extra and return what is not allowed to take by law. But the reality is not so. Excess charged can be stored for months on account of the divisions of the Federal bailiff service, with the debtor, especially if he is retired, it will literally survive on 50% of his pension.
If you copied more than what is specified in the court decision, it is necessary to make an application and personally submit it to the office of the unit which carried out the recovery, it should also make a complaint on the portal “public Services” (fill the form), it will help to consider your complaint as quickly as possible. Special attention should be paid to the fact that according to article 446 GPK of the Russian Federation subject to deduction of debt, the bailiffs should leave the debtor funds in the amount not less than the subsistence minimum.
more Difficult in a situation when to collect from someone who is actually debtor is not.
there are cases when the police officers performed incorrect cancellation due debtor-namesake, or worse — when the cancellation is made due the fact that a person is fraudulently the credit was issued. The situation is compounded by the fact that even if a trial about the illegal write-off already underway, while the debtor will have to prove the illegality of the action, his account will continue to write off the money.
In practice, the largest number of victims from fraud is retired and withdraw funds from their accounts sometimes occurs even without a trial.
Scammers are turning to bailiffs with the Executive inscription of the notary on the loan agreement because according to article 91.2 of the law “On notary” the creditor has the right to keep the contract out of court enforcement procedures. The purpose of the Scam — debit money from the card of the victim. Moreover, many do not know that in case of such a “writ of execution” has learned from police officers, it is subject to cancellation, so as to start its execution, the debtor must be notified by the notary, and it would probablylo is executed, only the scammers do not go to the real debtor, and to whom expect to obtain illegal income.
it is worth remembering that under the new amendments, the marshals must track the source of funds to the retiree — and a large part of these funds is not subject to cancellation. Usher in the decision to initiate proceedings requires the debtor to submit the documents, confirming the existence of a revenues that recover is impossible.
